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To protect the general health, safety, welfare and morals, the following licensing provisions specified in this chapter are ordained for the operation or carrying on of the businesses, trade or professions commonly known as massage parlors, health salons, physical culture studios, clubs or establishments or similar establishments wherein physical culture, massage, hydrotherapy or other physical treatment of the human body is carried on or practiced and for the regulation of any other business which carries on the acts or practices incidental to the principal business. The provisions of this chapter shall not apply to a regularly established and licensed hospital, sanitarium, nursing home or medical clinic, nor to the office or clinic operated by a duly-qualified and licensed medical practitioner or chiropractor in connection with his or her practice of medicine or chiropractic if the office or clinic is regularly used by the medical practitioners or chiropractor as his or her principal location for his or her practice of medicine or chiropractic.
(1984 Code, § 2-7-62) (Ord. passed 5-7-1973)
It shall be the duty of all persons holding a license under this chapter to file with the Sheriff the names of all employees, their home addresses, home telephone numbers and places of employment. Changes in the list of employees with the names of new employees must be filed with the Sheriff seven days from the date of any such change. Failure to make the filing or change in prior filing shall constitute grounds for revocation of license.
(1984 Code, § 2-7-63) (Ord. passed 5-7-1973) Penalty, see § 10.99
It shall be the duty of any person granted a license hereunder to maintain correct and accurate records of the names and addresses of the persons receiving treatment at the establishment, the type of treatment administered and the name of the person of the establishment administering the treatment. These records shall be subject to inspection by the Sheriff or his or her deputies during hours of operation of any of the businesses licensed by this chapter. Failure to maintain records required by this section shall constitute grounds for revocation of license.
(1984 Code, § 2-7-64) (Ord. passed 5-7-1973) Penalty, see § 10.99
No licensee shall engage in a business regulated under this chapter or permit any employee to engage in the business except within and between the hours of 8:00 a.m. and 10:00 p.m.
(1984 Code, § 2-7-65) (Ord. passed 5-7-1973) Penalty, see § 10.99
(A) It shall be unlawful for any person under the age of 18 to patronize any massage parlor or similar establishment licensed hereunder unless the person carries with him or her at the time of the patronage a written order directing the treatment to be given signed by a regularly licensed physician.
(B) It shall be the duty of the operator of the massage parlor or similar establishment licensed hereunder to determine the age of the person patronizing the establishment.
(C) A violation of this section shall be grounds for revocation of the license of the establishment.
(1984 Code, § 2-7-66) (Ord. passed 5-7-1973) Penalty, see § 10.99
LICENSE
(A) Any person desiring to engage in the business, or the operation, or carrying on any of the businesses, trades or professions mentioned in § 112.02 shall, before engaging in the business, trade, profession, occupation or calling, file an application for a license addressed to the Tax Collector. The application shall be in writing and shall set forth the following:
(1) Name and address of the applicant; if the applicant be a corporation, the address or addresses of the corporation; and
(2) Qualifications must be plainly stated and must be submitted together with required exhibits attached to the application.
(B) Upon receipt of the application for a county license prescribed by this chapter, the Tax Collector, if satisfied as to the qualifications of the applicant, as set forth in § 112.21, under the provisions of this section, and if satisfied as to the correctness of the information contained in the application, shall issue a county license to the applicant to engage in the business, trade, employment or profession in the name of and at the place set out in the application. If the Tax Collector shall not be satisfied as to the qualifications of the applicant or the correctness of the information, or of his or her good moral character, or the good moral character of the person designated by the applying corporation as the operator or manager, if the applicant is a corporation, he or she shall not issue the license. If the license is denied, the applicant may appeal to the Board of Commissioners, where the applicant shall be given an opportunity to appear and be heard. Upon appeal, the Board of Commissioners may refuse to authorize the issuance of a license unless the Board of Commissioners shall be satisfied that the applicant or the proposed manager is a person of good moral character and a fit and proper person to conduct the business.
(C) No person shall willfully make any false statement in an application for a license under any section of this chapter.
(1984 Code, § 2-7-76) (Ord. passed 5-7-1973) Penalty, see § 10.99
An applicant under this chapter, prior to making application for a license, must have the following qualifications.
(A) The applicant may be male or female and shall be required to provide the names of two references who will attest to the moral character of the applicant.
(B) The applicant must furnish a health certificate of a medical doctor which shall accompany the application as an exhibit. Should the applicant be a corporation, it shall furnish the certificate to cover its agents or employees who will be actually working under the license; and employees who begin work following the original issuance of license under this chapter shall likewise obtain the health certificates, which certificates shall be furnished to the office of the Sheriff.
(C) If the applicant is a corporation, the application shall designate a person as operator or manager. The provisions of divisions (A) and (B) of this section shall be applicable to the person so designated. If the application is allowed, the license shall be granted in the name of the corporation, specifically naming the person designated as operator or manager. The person shall be responsible under the provisions of this chapter as though he or she were the licensee.
(1984 Code, § 2-7-77) (Ord. passed 5-7-1973)
(A) Recommendation by Sheriff. Whenever the Sheriff shall have good cause to believe there exist grounds for revocation of any license acquired under this chapter, he or she shall submit a written recommendation of revocation to the Chairperson of the Board of Commissioners and by registered mail shall forward a copy of his or her recommendation to the licensee. The recommendation shall state the specific grounds for the revocation of the license.
(B) Causes. Cause of revocation of the license shall exist for the failure of the licensee to perform any duty required by this chapter, for violation of any provision of this chapter, or for conviction of the licensee of any crime involving moral turpitude. If any licensee or employee of the licensee shall, in the course of the business regulated hereunder, attempt through a physical act performed upon the person of another, to sexually arouse or stimulate the person, the attempt shall also constitute grounds for revocation of the license. Intentional touching of the genitals of a person being massaged shall constitute prima facie evidence of an attempted sexual arousal or stimulation. Grounds shall also exist if, by reason of the nature or the manner or place in which the licensee conducts his or her business a nuisance, menace to good order, public health, safety or morals is created.
(C) Defense. Prior to revocation of any license by the Board of Commissioners, the licensee shall be given an opportunity to appear and be heard, to rebut any evidence against him or her, and to present any evidence or witnesses in his or her defense.
(1984 Code, § 2-7-78) (Ord. passed 5-7-1973)
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