124.01 PURPOSE.
The State of Iowa licenses massage therapists and businesses in Section 152C of the Code of Iowa. State licensed massage therapists and businesses offering therapy services perform an important service in addressing the health and wellbeing of Waukee’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.
The purpose of this chapter is to identify and address business 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 Waukee community and the massage therapy profession.
In addition to, or in place of the definitions included in Code of Iowa Chapter 152C.1, and for the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this chapter.
1. “Massage therapist” shall mean a person licensed by the State to practice the health care service of the healing art of massage therapy, practicing in the City.
2. “Massage therapy business(s)” shall mean any place of business wherein any person(s) administer, practice, use, give, or apply massage therapy.
The practice of massage therapy, as defined in Section 152C of the Code of Iowa 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 Section 152C.3 of the Code of Iowa.
1. 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 Chapter 1 or Chapter 4 of this Code of Ordinances.
2. The Police Chief, 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 Police Chief, or designee, shall keep the premises placarded until a state license has been obtained or some other legal use has been established.
3. 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 4 of this Code of Ordinances or pursuant to State law.