(A) Massage establishments and outcall massage services.
(1) Any applicant for a license for a massage establishment or outcall massage service shall submit to the Clerk a written application on a form furnished by the Clerk.
(2) Before issuing a license, the Clerk shall determine that the following requirements are met by each applicant.
(a) The applicant or members of the applying firm, partnership, or association, or if a corporation, the manager, (“applicant” herein) shall be 21 years of age or older by proof acceptable to the Clerk. The applicant’s name, place of birth, sex, race, height, weight, color of eyes and hair, business and home address and telephone numbers, and any other names by which the applicant was known in the past shall be included in the application. The applicant shall specify the exact name and address of the proposed massage establishment or outcall massage service location.
(b) The applicant shall be of good moral character.
(c) The applicant, who is or intends to be a massage establishment operator or outcall massage service operator engaged in on-the-premise supervision of massage technicians or who performs the duties of a massage technician, shall be duly licensed by the city as a massage technician as provided in this chapter.
(d) The applicant shall furnish to the Clerk two full face photographs of the applicant, one inch by one and one-half inches, one of which shall be attached to a city-furnished identification card, and the other shall be delivered to the Police Department of the city. Such photographs must have been taken within 30 days preceding the date of the application and must be considered by the Clerk suitable for the purposes of this chapter.
(e) The applicant shall furnish massage or similar business license history disclosing whether the applicant, in previously operating under license in this or another city or state has had his or her license revoked or suspended, and if so, the reason therefor, and business activity or occupation of the applicant subsequent to such suspension or revocation.
(f) The applicant shall have been fingerprinted on all fingers by the City Police Department on a form provided by the Police Department within 30 days preceding the date of the application, which fingerprints and one photograph as required herein shall be retained in the Police Department for as long as deemed necessary by the Clerk. The Police Department may verify identification of any applicant by appropriate means and shall notify the Clerk immediately in the event a false identification is discovered.
(g) The applicant shall list on the application form all felony and misdemeanor convictions other than minor traffic violations. For the purposes of this disclosure, no conviction need be listed for a misdemeanor more than five years preceding the date of the application or for a felony for which a pardon has been granted.
(h) If the applicant is a corporation, the application shall include the state of incorporation, the name and address of the corporation, the registered service agent in the state, the date authorized to do business in the state, and the names and addresses of the officers and directors of the corporation.
(i) If the application is for an outcall massage service, the applicant shall have secured a location in the city for the outcall massage service that complies with the restrictions of § 112.19 and which shall be described by name and address, and if leased, a copy of the lease agreement shall be provided. All telephone numbers of each and every massage technician or massage apprentice working from such service location or requested through such service’s telephone numbers shall be provided.
(j) If the application is for a massage establishment, the applicant shall have secured a location in the city that complies with the restrictions of § 112.19 and which is described by address and name for the massage establishment, and if leased, a copy of the lease agreement, which location has been inspected and approved by the County Health Department as to the following requirements.
1. Steam rooms, shower compartments, steam compartments, tub compartments, toilet rooms and adjacent exits thereto shall have smooth, nonabsorbent, and easily cleanable floors, walls, and ceilings.
2. Floors of wet and dry heat rooms shall be adequately pitched to one or more floor drains properly connected to the sewer, except that dry heat rooms with wooden floors need not be provided with pitched floors and floor drains.
3. A source of hot water must be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning.
4. The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used to administer massages.
5. Massage tables shall have a cleanable plastic liner covering the entire top surface.
6. Closed cabinets shall be provided for the storage of clean linen, towels, and other materials used in connection with administering massages.
7. Separate toilet facilities shall be provided in convenient locations for each sex; a single water closet per sex shall be provided for each 20 employees and patrons of that sex on the premises at any one time; urinals may be substituted for water closets after one water closet has been provided; toilets shall be designated as to the sex accommodated therein; toilet room floors and walls shall be smooth, non-absorbent, easily cleanable, with the walls painted in a light color; toilet facilities shall be vented to the outside air.
8. A minimum of one separate wash facility per toilet room shall be provided in each massage establishment for the use of patrons and employees, which shall provide an approved basin, soap or detergent and hot and cold running water at all times; in addition, there shall be provided at each wash basin sanitary towels or other approved facilities placed in permanently installed dispensers.
(k) The applicant shall comply with applicable provisions of the city’s Building, Electrical, Plumbing, Sign, and Mechanical Codes, and in the case of a massage establishment, the following requirements:
1. A readable sign in compliance with all provisions of the City Sign Code, posted at the main entrance, identifying the business as a massage establishment; and
2. Minimum lighting in accordance with the City Building Code, and direct or indirect lighting of not less than 40 foot-candles in each room or enclosure where services are performed on patrons.
(l) The applicant’s massage establishment location shall have been inspected and approved by the City Fire Marshal as to the following requirements:
1. Accessible exits for patrons and employees in case of fire;
2. No unsafe storage areas of combustible material;
3. Adequate fire-extinguishing equipment available and usable by employees instructed by the Fire Marshal as to proper procedure; and
4. Approved smoke, heat, and incendiary gas detectors in operating condition.
(B) Massage technician or massage apprentice.
(1) Any individual seeking to obtain a city license as a massage technician or massage apprentice shall submit to the Clerk a written application on a form furnished by the Clerk.
(2) The Clerk shall determine that the following requirements are met by each applicant.
(a) The applicant shall be 18 years of age or older. The applicant’s name, place of birth, sex, race, height, weight, color of eyes and hair, residence and business addresses and phone numbers shall be included in the application.
(b) The name, address, and city license number of the massage establishment or outcall massage service where the technician or apprentice will be employed shall be included in the application.
(c) The applicant shall be of good moral character.
(d) The applicant shall furnish to the Clerk two full face photographs of the applicant, one inch by one and one-half inches, one of which shall be laminated on a city-furnished identification card, and the other shall be delivered to the Police Department of the city. Such photographs must have been taken within 30 days preceding the date of the application and must be considered by the Clerk suitable for the purposes of this chapter.
(e) The applicant shall have been fingerprinted on all fingers by the City Police Department on a form provided by the Police Department within 30 days preceding the date of the application, which fingerprints and one photograph as required herein will be retained in the Police Department for as long as deemed necessary by the Clerk. The Police Department may verify identification of any applicant by appropriate means and shall notify the Clerk immediately in the event a false identification is discovered.
(f) The applicant shall list on the application form all felony and misdemeanor convictions other than minor traffic violations. For the purposes of this disclosure, no conviction need be listed for a misdemeanor which is more than five years preceding the date of the application or for a felony conviction for which a pardon has been granted.
(g) The applicant shall have been examined by a medical doctor or doctor of osteopathy within the 30 days preceding the date of the application and, on a form provided by the Clerk, shall be found to be free of any evidence of a contagious disease. If a laboratory analysis is performed in connection with the physical examination, such analysis must be done in a laboratory approved by the Health Department of the state.
(h) The applicant shall furnish massage or similar business license history disclosing whether the applicant, in previously operating in this or another city or state, has had his or her license revoked or suspended, and if so, the reason therefor and the business activity or occupation of the applicant subsequent to such suspension or revocation.
(i) The applicant shall furnish his or her residence and employment addresses for the preceding two years.
(j) If the application is for a license as a massage technician, the applicant shall provide at least one of the following:
1. A graduation certificate from a school or other institution of learning recognized by the Clerk wherein the method, profession, and work of massage technicians is taught;
2. A photocopy of applicant’s grade record reflecting successful completion of at least three semester hours of applied anatomy and physiology at any institution of higher learning accredited by the state wherein such institution is located;
3. A sworn affidavit, on a form provided by the Clerk, from a city-licensed massage technician that the applicant has completed a minimum of 250 hours of on-the-job, supervised training in the art of massage as a city-licensed massage apprentice, and is thereby fully qualified to be a technician; or
4. Evidence that the applicant has heretofore been licensed by the city as a massage operator and is currently the holder of a valid massage operator’s license.
(k) The applicant shall furnish such other information and identification as the Clerk shall require to verify the matters herein specified.
(Prior Code, § 112.05) (Ord. 98-451, passed 11-17-1998)