CHAPTER 118: MASSAGE THERAPY
Section
   118.01   Purpose
   118.02   Definitions
   118.03   State license required
   118.04   Display of license
   118.05   Suspension
   118.06   Appeal
 
   118.99   Penalty
§ 118.01 PURPOSE.
   (A)   The State of Iowa licenses massage therapists and businesses in Iowa Code Chapter152C. State licensed massage therapists and businesses offering therapy services perform an important service in addressing the health and well being of Urbandale's residents. Unfortunately, there are businesses that advertise they provide massage therapy and/or therapeutic services, but actually engage in various illegal activities, which may include prostitution and/or human trafficking. This chapter is not intended to discourage a legitimately licensed massage therapist or massage therapy business from providing their/its services in the City of Urbandale.
   (B)   The purpose of this chapter is to identify and address businesses that engage in the practice of massage therapy without a license and/or are involved in illegal activities, which may include prostitution and/or human trafficking. Businesses providing massage therapy yet conducting various types of illegal activity are harmful to the Urbandale community and the massage therapy profession.
(Ord. 2018-05, passed 4-24-2018)
§ 118.02 DEFINITIONS.
   In addition to, or in place of the definitions included in the Iowa Code § 152C.1, and for the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribes to them by this chapter.
   MASSAGE THERAPIST. A person licensed by the State of Iowa to practice the health care service of the healing art of massage therapy, practicing in the City of Urbandale.
   MASSAGE THERAPY BUSINESS(S). Any place of business wherein any person(s) administer, practice, use, give or apply massage therapy.
(Ord. 2018-05, passed 4-24-2018)
§ 118.03 STATE LICENSE REQUIRED.
   The practice of massage therapy, as defined in Iowa Code Chapter 152C is prohibited by unlicensed individuals. It is unlawful for a person to engage in or offer to engage in the practice of massage therapy, or use in connection with the person's name, the initials "L.M.T." or the words "licensed massage therapist", "massage therapist", "masseur", "masseuse", or any other word or title that implies or represents that the person(s) practice massage therapy, unless the person possesses a license issued under the provision of Iowa Code § 152C.3.
(Ord. 2018-05, passed 4-24-2018)
§ 118.04 DISPLAY OF LICENSE.
   Each massage therapist shall keep his/her license in possession at all times while doing business in the city and shall, upon the request of prospective customers or city official, exhibit the license as evidence of compliance with all requirements of this subchapter.
(Ord. 2018-05, passed 4-24-2018)
§ 118.05 SUSPENSION.
   (A)   Notwithstanding any other provision of this chapter, the Chief of Police or designee may temporarily suspend (placard) the massage therapy business and order a temporary closure of the business in a situation involving an immediate danger to public health, safety or welfare due to unlicensed massage therapist(s).
   (B)   The placard shall remain in place and the business shall remain closed based on the following:
      (1)   First offense: seven days not including the day of the violation.
      (2)   Second offense: 30 days not including the day of the violation.
      (3)   Third and subsequent offense(s): 12) days not including the day of the violation.
   (C)   Once the business has met the requirements above, the Chief of Police or designee, shall keep the premises placarded until a State of Iowa massage therapy license has been obtained or some other legal use has been established.
   (D)   Any principals or agents of a business currently suspended from operating a massage therapy business at any location within the City of Urbandale shall not be allowed to open any new locations offering massage services within the city during their suspension.
(Ord. 2019-17, passed 11-5-19)
§ 118.06 APPEAL.
   (A)   The right of appeal to the City Council shall be afforded any principal or agent of a business placarded.
   (B)   Any principal or agent exercising their right to appeal shall notify the Chief of Police or designee in writing their intent to appeal within ten days of the date of the violation. If the Chief of Police or designee has received a notice of an intent to appeal and the principal or agent of a business has produced a valid State of Iowa massage therapy license or has established some other legal use of the business the Chief of Police or designee shall temporarily rescind the suspension until the appeal is heard by the City Council.
   (C)   Once receiving the intent to appeal, the Chief of Police or designee shall file the notice received from the principal or agent with the City Clerk’s office as soon as practical.
   (D)   The appeal will be addressed by the City Council at the next regularly scheduled City Council meeting allowing adequate time to add the appeal to the Council agenda.
   (E)   Upon hearing the appeal, the City Council shall determine if the business shall have their operation of a massage business suspended as outlined above and the dates of said suspension.
   (F)   The City Council’s decision on the suspension shall be final.
(Ord. 2019-17, passed 11-5-19)
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