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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)
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)
(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)
(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)
(A) Any person or in connection with one or more persons or as principle, agent, or accessory is found violating any provision of this chapter, shall be subject to the penalty provisions of § 10.99.
(B) The Chief of Police, or designee, shall place in a highly noticeable location a placard stating the business as unsafe for entry where any person has established a practice of massage therapy without a state license. The Chief, or designee, shall keep the premises placarded until a state license has been obtained or some other legal use has been established.
(C) Any person or in connection with one or more persons or as principle, agent, or accessory is found continuing to offer "massage therapy" services after that establishment has been placarded as unsafe for entry, may be subject to a municipal infraction, punishable as provided in Chapter 11 of this code or pursuant to state law.
(Ord. 2018-05, passed 4-24-2018)