(A) Findings. The Council has determined that regulation of massage parlors and other adult service establishments is necessary in order to prevent and eliminate abuses against the public health, safety and morals of the residents of the city for the reasons hereafter stated. The Council finds that potential for crimes against residents of the city which is associated with and arises out of activities of adult service establishments and the need for the residents of the city to be secure and safe in their homes, businesses or accommodations requires the regulation. The presence of adult service establishments in the city will increase the burden upon law enforcement personnel in order to prevent abuse, fraud, deception and detrimental hygienic conditions if adult service establishments are allowed to develop unregulated. It is necessary to the social and economic well being of the community that a sound and upstanding reputation for safety, health and morals be maintained by both the residents of the city and visitors thereto. The Council takes notice of the problems presented to law enforcement and health department agencies by the use of outcall adult services. Outcall adult services are a health hazard in that they possess a great potential for the spread of communicable diseases which could be detrimental to the health, safety and welfare of the residents of, and visitors to, the city. It is the further intention of the Council that, by this regulation, the possibility of prostitution and related illegal activities be minimized at legitimate adult service establishments.
(B) Scope and interpretation. The intent of this section is to protect the public safety, health and morals. This regulation of adult service establishments will be by controlling locations and licensing the operations. It is the intent of the Council to control to some degree the undesirable and deleterious side effects that accompany the location of adult service establishments in or near residential neighborhoods.
(C) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
ADULT SERVICE ESTABLISHMENT. Any establishment having a source of income, derived from the practice of therapeutic services or services reputed to be therapeutic, including, but not limited to, saunas and rap or massage parlors, whether or not the services are offered by a person of the same sex as the customer or client of the establishment, and whether or not the reputed therapeutic service offered is physical or psychological. Further, it is any such business that has a fixed place of doing business where any person engages in or carries on any such activities, except establishments practicing medicine, chiropractic or other service professions licensed or regulated by the state.
MASSAGE. Any method of pressure on or friction against or stroking, kneading, nibbing, tapping, pounding, vibrating or stimulating of the external parts of the human body with the hands or with the aid of mechanical electrical apparatus or appliances with or without such supplementary aid as nibbing alcohol, liniment, antiseptics, oil, powder, creams, lotions, ointments or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration of any gratuity therefor.
PERMITTEE. Any person who in the course of any employment either directly or indirectly engages in the practices of massage or any other physical or psychological therapeutic treatment, or treatment reputed to be therapeutic, except one who practices medicine, chiropractic or other service professions licensed or regulated by the state.
(D) Location. Adult service establishments shall be located only in those areas within the city which are zoned as follows: Shopping Business District. No adult service establishment shall be located within 500 feet of any residential, religious, charitable or education use or land zoned therefor, nor shall any adult service establishment be located within 500 feet of another adult service establishment or within 500 feet of an adult establishment as defined in this section. The distance is to be measured from the edge of the lot on which the adult service establishment premises are located to the nearest edge of the other use or zoning district.
(E) Hours. The hours for the operation of any adult service establishment shall be limited to 9:00 a.m. to 5:00 p.m. each weekday, and closed on Sunday.
(F) Minors. No adult service establishment shall employ minors, nor shall it admit any minors onto its premises. No licensee or permittee shall render any service to a minor.
(G) Non-discriminatory. Any adult service establishment shall employ and have on duty at all times a substantially equal number of persons of either sex. No discrimination shall be carried on in either the employment or business practices of the adult service establishment on grounds of race, creed, color or sex.
(H) License required. It is unlawful for any person to engage in the business or operate an adult service establishment, unless the adult service establishment is currently licensed pursuant to the city code.
(I) Application for license. Every application for license shall be filed with the City Clerk on a form provided by the city and shall contain the following information:
(1) The exact nature of the activities to be conducted;
(2) The proposed place of business;
(3) Full description of facilities for the proposed place of business;
(4) The name and address of each applicant;
(5) The applicant’s prior addresses for the past five years;
(6) Proof that the applicant is at least 18 years of age;
(7) The applicant’s height, weight, color of eyes and hair;
(8) Two portrait photographs of the applicant of the dimensions of at least two inches by two inches;
(9) The business and occupational employment of the applicant for the three years immediately preceding the date of application;
(10) The massage or similar business license history of the applicant; whether the person, in previously operating in any other city or state has had a business license revoked or suspended, and the reason therefor; the business activity or occupation subsequent to such action of suspension or revocation;
(11) All criminal convictions, except traffic parking violations;
(12) Applicant, if a natural person, must furnish a diploma or certificate of graduation from a recognized school, or other institution of learning wherein the method, profession and work of physical or psychological therapy is taught; provided, however, that, if the applicant himself or herself will not engage in the practice of physical or psychological therapy, he or she need not possess the diploma or certificate. Nothing herein contained shall be to deny the city the right to request fingerprints and additional photographs of the applicant. Nor shall anything contained herein be construed to deny the right of the city to confirm the height and weight of the applicant;
(13) If the applicant is a corporation, the application shall contain the name of the corporation exactly as shown on its articles of incorporation; the names and residences of each of the officers, directors and each shareholder holding more than 5% of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and address and residence of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate application shall apply;
(14) If the applicant is a natural person, he or she must provide the names, current addresses and sworn affidavits of at least five bona fide permanent residents of the state that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the city, then the county and then the state;
(15) The location of the business premises; and
(16) Other information as the Council may require.
(J) Falsification of information. Any falsification of information on the license is unlawful and shall result in a denial of the license.
(K) Subsequent changes in license application information. It shall be the continuing duty of each licensee to properly notify the City Clerk of any change in the information or facts required under this section to be furnished on the application for license. This duty shall continue through the period of the license. Failure to comply with this division (K) shall constitute cause for revocation or suspension of the license.
(L) Permit required. Any person who desires to engage in the practice of physical or psychological therapy, unless otherwise exempted, shall first obtain a permit from the city.
(M) Application for permit. Every application for permit shall be filed with the City Clerk. Each application shall be made on a form provided by the city and shall contain the following information:
(1) The name and address, and all names, nicknames and aliases by which the applicant has been known;
(2) The applicant’s Social Security number, driver’s license number, if any, and date of birth;
(3) Applicant’s weight, height, color of hair and color of eyes;
(4) Written evidence that the applicant is at least 18 years of age;
(5) The business, occupation or employment of the applicant for the past three years immediately preceding the date of application;
(6) Whether the applicant has ever been convicted of any crime other than traffic parking violations. If the applicant has been so convicted, a statement must be made giving the place and court in which the conviction was had, the specific charge under which the conviction was obtained and the sentence imposed as a result of the conviction;
(7) The name and address of the recognized school attended, the dates attended and a copy of the diploma, or certificate of graduation awarded to the applicant showing the applicant has completed not less than 500 hours of instruction. No more than 250 of these hours can be in that form of instruction commonly referred to as “on the job training”;
(8) The city shall have the right to take fingerprints and a photograph of the applicant and retains the right to confirm the information submitted;
(9) The names, current addresses and written statements of at least five bona fide permanent residents of the state other than relatives that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the city, then the county and then the state; and
(10) In addition to the above information, the applicant shall furnish written evidence that he or she has been examined by a physician and has been certified as free from communicable diseases. The evidence shall be furnished to the City Clerk on a semi-annual basis to correspond with the renewal of the permit. The permittee shall notify the City Clerk of each change in any of the dates required to be furnished by this division (M)(10) within ten days after the change occurs.
(N) Falsification of information on permit. Any falsification of information on the permit application is unlawful and shall result in the denial of the permit.
(O) Subsequent changes in permit application information. It shall be the continuing duty of each permittee to properly notify the City Clerk of any change in the information or facts required to be furnished on the application for permit. This duty shall continue throughout the permit period of the permit, and failure to comply with this division (O) shall constitute cause for revocation or suspension of the permit.
(P) Execution of application. All applications for licenses and permits shall be signed and sworn to. If the application is that of a natural person, it shall be signed and sworn to by the person; if by a corporation, by the officer thereof; if by a partnership, by one of the partners; and, if by an incorporated association, by the manager or managing director thereof.
(Q) Persons ineligible for a license or permit. No license or permit under this section shall be issued to an applicant who:
(1) Is under 18 years of age;
(2) Is an alien; and/or
(3) Has been convicted of a felony or other crime or violation involving moral turpitude.
(R) Granting of license or permit; renewals. The Chief of Police and other consultants who have investigated the initial application shall make a written recommendation to the Council as to the issuance or non-issuance of the license or permit. The Council may order and conduct an additional investigation as it deems necessary. Upon receipt of the written report and recommendation by the Chief of Police, and within 20 days thereafter, the Council shall instruct the City Clerk to cause to be published in the official newspaper notice of a hearing to be held by the Council. This notice shall be published at least ten days in advance of the hearing. The notice shall set forth the day, time and place where the hearing will be held. The notice shall also include the name of the applicant, the premises where the business is to be conducted, the nature of the business and other information as the Council may direct. An initial license shall not be approved by the Council prior to the next regular meeting of the Council following the public hearing. Not less than ten days, nor more than 30 days, after the date for submitting a renewal application, the Council shall hold a public hearing regarding the grantee of a renewal. Notice of the time and place of the hearing and the fact that a renewal application shall be considered shall be published in the official newspaper ten days in advance of the hearing. The opportunity shall be given to any person to be heard for or against the granting of a renewal license or permit by the Council.
(S) Revocation of license or permit.
(1) Mandatory. Any conviction of a licensee, permittee, managing officer or controlling stockholder of licensee of a crime or violation involving moral turpitude shall result in the revocation of any license or permit issued hereunder.
(2) Discretionary. The Council may suspend or revoke a license or permit issued under this section upon a finding of violation of any of the conditions or provisions of this section or upon violation of any other provision of the city code or state statute regarding adult service establishments. The following shall be considered grounds for revocation or suspension:
(a) If the licensee fails to comply with the city code or statutes pertaining in any fashion to adult service establishments;
(b) If the licensee, or any of the licensee’s employees, are found to be in possession or control of any alcoholic beverages, or narcotic drugs or controlled substances on the premises of the adult service establishments, possession of which is illegal as defined by statutes or the city code; and
(c) If any employees of an adult service establishment are convicted of any city code provision or state statute violation arising within the adult service establishment.
(T) Conditions of license or permit. No licensee or permittee shall conduct or solicit business within the limits of the city while under suspension or following revocation of license or permit by the Council.
(U) Identification name plate. The licensee of any adult service establishment shall provide permittees employed by him or her with an identification name plate. The name plate shall contain a photograph of the permittee with the full name and permit number assigned to the permittee which must be worn on the front of the outermost garment at all times during the hours of operation of any adult service establishment.
(V) Licensee’s responsibility for employment of permittees. It shall be the responsibility of the licensee and any person or employee designated by the licensee to ensure that each person employed as a permittee shall at all times have a valid permit pursuant to this section.
(W) Register of employees. The licensee of an adult service establishment shall maintain a register containing the names and current addresses of all persons employed at the time as permittees with their permit numbers. The register shall be available at the adult service establishment to the representatives of the city during regular business hours.
(X) Inspection. The city shall from time to time, but at least twice a year, make an inspection of each adult service establishment in the city for the purpose of determining compliance with the provisions of this section.
(Y) Construction, maintenance and operating requirements. No license to conduct an adult service establishment shall be issued unless an inspection by the city reveals that the establishment complies with each of the following minimum requirements.
(1) Construction of rooms used for toilets, tubs, steam baths and showers shall be made water- proof with approved water-proofed material and shall be installed in accordance with the Building Code. Plumbing fixtures shall be installed in accordance with the Plumbing Code.
(a) Steam rooms and shower compartments shall have water-proofed floors, walls and ceilings approved by the city.
(b) Floors of wet and dry heat rooms shall be adequately pitched to one or more floor drains properly connected to the sewer. (Exception: dry heat rooms with wooden floors need not be provided with pitched floors and floor drains.)
(c) A source of hot water must be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning.
(2) Toilet facilities must be provided in convenient locations. When five or more employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided for each 20 or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for toilets after one toilet has been provided. All toilet rooms shall be equipped with self-closing doors opening in the direction of ingress to the toilet room. Toilets shall be designated as to the sex accommodated therein.
(3) Lavatories or wash basins shall be provided with both hot and cold running water and installed in either the toilet room or vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels. All electrical equipment shall be installed in accordance with the requirements of the Building Code.
(4) Every portion of an adult service establishment including appliances, apparatus and personnel, shall be kept in a clean and sanitary condition.
(5) All employees shall wear clean outer garments whose use is restricted to the adult service establishment. Provisions of a separate dressing room for each sex must be available on the premises with individual lockers for each employee. Doors to the dressing rooms shall open inward and be self- closing.
(6) All adult service establishments shall be provided with clean, laundered sheets and towels in a sufficient quantity and shall be laundered after each use thereof and stored in approved sanitary manner. No towels or sheets shall be laundered or dried in any adult service establishment, unless the establishment is provided with approved laundry facilities for the laundry and drying. Approved receptacles shall be provided for the storage of soiled linens and paper towels.
(7) Wet and dry heat rooms, shower compartments and toilet rooms shall be thoroughly cleaned and disinfected each day the business is in operation. Bathtubs shall be thoroughly cleaned and disinfected after each use.
(8) No adult service establishment licensed under the provisions of this section shall place, publish or distribute or cause to be placed, published or distributed, any advertisement picture or statement which is known, or through the exercise of reasonable care should be known, to be false, deceptive or misleading in order to induce any person to purchase or utilize any services rendered by said adult service establishment.