Definitions as used in this chapter:

(a)   Bath house - shall refer to the occupation of maintaining and operating for compensation any services of baths of all kinds, including all forms and methods of hydrotherapy.

(b)   Body Painting Studios - shall refer to the occupation of maintaining, operating and offering any services for compensation of applying paint or other substance, whether transparent or non-transparent, to or on the human body when such body is wholly or partially nude, by any means of application, technique, or process.

(c)   Employee - shall refer to any person, other than masseurs or masseuses, who renders any service to a permittee under this chapter, who receives compensation from the permittee or patron.

(d)   Establishment - shall refer to a place of business where any person, firm, partnership, association or corporation engages in or carries on or permits to be engaged in or carried on any of the activities mentioned herein for compensation.

(e)   Massage - shall refer to any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.

(f)   Masseur or masseuse - shall refer to any person who, for any consideration whatsoever, engages in the practice of massage as herein defined.

(g)   Modeling studios - shall refer to the occupation of maintaining, operating and offering any services for compensation of modeling for reproducing the human body, wholly or partially in the nude, by means of photography, painting, sketching, drawing or otherwise. To be included within the definition of modeling studios is the occupation or practices for compensation of offering one’s body, wholly or partially in the nude, for having designs of whatever nature applied thereto by whatever process or technique with any kind of substance whether it be transparent or non-transparent.

(h)   Patron - shall refer to any person over 18 years of age who utilizes or receives the services of any establishment subject to the provisions of this chapter and under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration therefor.

(i)    Recognized school - shall refer to any school or institution or learning which has for its purpose the teaching of the theory, method, profession or work of massage, which school requires a resident course of study not less than 70 hours to be given in not more than three calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning.

(Code 2019)

No person, firm, partnership, association or corporation shall operate a bath house, massage establishment, body painting studio or modeling studio, as defined herein, without first having obtained a permit therefor issued by the governing body. A separate permit shall be required for each separate place of business conducted by any one permittee, such permit shall be valid only from January 1st to December 31st of each calendar year.

(Code 2019)

Every applicant for a permit to maintain or operate any such establishment or to be employed in such establishment shall file an application with the chief of police. Operators shall pay a one-time fee of $300.00, with $150.00 refunded after six months. No person shall operate, maintain or work as an attendant in any such establishment, unless such person has a valid permit issued by the city.

The application for a permit to operate any such establishment shall set forth the exact nature of the services to be provided, the proposed place of business and facilities therefor, and the name, address and telephone number of each applicant, including any stockholder holding more than 10 percent of the stock of the corporation, any partner, when a partnership is involved, and any manager.

The applicant, employee, manager, partner or any stockholder holding more than 10 percent of the stock of applicant corporation shall in addition furnish the following information:

(a)   Name, address, telephone number and written proof applicant is at least 18 years of age.

(b)   Two portrait photographs, at least two inches by two inches, and fingerprints.

(c)   Business, occupation or employment of the applicant for the three years immediately preceding the date of application.

(d)   History of person or applicant in such business or businesses, whether such person, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason therefor, and the business activity of occupation subsequent to such action of suspension or revocation.

(e)   Any criminal convictions, except minor traffic violations, fully disclosing the jurisdiction in which convicted and the offense for which convicted and the circumstances thereof.

(f)   Authorization for the city, its agents and employees to seek information and investigate the truth of the statements set forth in the application and the qualifications of the applicant for the permit.

(g)   The position or function the applicant is being hired to perform within such establishment.

(Ord. G-02-09, Sec. 1; Code 2019)

(a)   Any person, including an applicant for a massage establishment permit, who engages or intends to engage in the practice of massage as herein defined, shall upon making application for a permit, supply the name and address of the recognized school attended, the date attended and a copy of the diploma or certificate of graduation awarded the applicant showing the applicant has successfully completed not less than 70 hours of instruction in the theory, method, or practice of massage.

(b)   Applicants for a masseur or masseuse permit may substitute one year’s̓ continuous experience as a masseur or masseuse in lieu of the requirement of a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method and work of massage is taught. Such masseur or masseuse must obtain an affidavit attesting to such experience from the owner of the establishment where the continuous year of experience occurred.

(Code 2019)

After the filing of an application in the proper form, the governing body shall examine the application and after such examination, shall issue a permit for a massage establishment, bath house, modeling studio or body painting studio or employee permit, unless the governing body finds that:

(a)   The correct permit fee has not been tendered to the city, and, in the case of a check or bank draft, honored with payment upon presentation;

(b)   The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the city’s building, zoning and health regulations;

(c)   The applicant, if an individual, or any of the stockholders holding more than 10 percent of the stock of the corporation, any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business, have been convicted of any crime which would make any person ineligible to receive a permit hereunder, unless such conviction occurred at least five years prior to the date of the application;

(d)   The applicant has knowingly made any false, misleading or fraudulent statement of fact in the permit application or in any document required by the city in conjunction therewith;

(e)   The applicant has had a massage establishment, bath house, body painting studio or modeling studio as defined herein, or other similar permit or license denied, revoked or suspended for any of the above causes by the city or any other state or local agency within five years prior to the date of the application;

(f)   The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business, is not over the age of 18 years;

(g)   The manager or other person principally in charge of the operation of the business would be ineligible to receive a permit under the provisions of this article; and

(h)   In the case of a masseur or masseuse that the applicant has not successfully completed a resident course of study or learning from a recognized school as required under the provisions of this article.

Any permit issued under the provisions of this chapter shall always be displayed by the permittee in an open and conspicuous place on the premises where the permitted business is conducted.

(Code 2019)

(a)   Any permit issued for an employee or for a massage establishment, bath house, modeling studio or body painting studio may be revoked or suspended by the governing body after a public hearing before the governing body where it is found that any of the provisions of this article are violated or where the permittee or any employee of the permittee, including a masseur or masseuse, has been convicted of any offense found in sections 3-803 and 3-805 herein and the permittee has actual or constructive knowledge of the violation or conviction, or in any case, where the permittee or licensee refuses to permit any duly authorized police officer or health inspector of the city to inspect the premises or the operations therein.

(b)   The governing body, before revoking or suspending any permit, shall give the permittee at least 10 days written notice of the charges against him or her and the opportunity for a public hearing before the governing body, at which time the permittee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing.

(Code 2019)

No permit to conduct such establishment shall be issued unless an inspection by the health director or his or her authorized representative reveals that the establishment complies with each of the following minimum requirements:

(a)   The walls shall be clean and painted with washable, mold-resistant paint in all rooms where water or steam baths are given. Floors shall be free from any accumulation of dust, dirt or refuse. All equipment used in the business̓ operation shall be maintained in a clean and sanitary condition. Towels, linen and items for personal use of operators and patrons shall be clean and freshly laundered. Towels, cloths and sheets shall not be used for more than one patron. Heavy, white paper may be substituted for sheets provided that such paper is changed for every patron. No service or practice shall be carried on within any cubicle, room, booth or any area within any permitted establishment which is fitted with a door capable of being locked.

(b)   Toilet facilities shall 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. A single water closet per sex 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 water closets after one water closet has been provided. Toilets shall be designated as to the sex accommodated therein.

(c)   Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels.

The health director shall certify that the proposed business establishment complies with all the requirements of this section and shall give or send such certification to the chief of police. Provided, however, that nothing contained herein shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance or premises, nor to preclude authorized inspection thereof.

(Code 2019)

The police department and health director may from time to time inspect each permitted establishment in this city for the purposes of determining that the provisions of this article are complied with. Such inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any permittee to fail to allow such inspection officer immediate access to the premises or to hinder such officer in any manner. Provided further, that any failure on the part of any permittee or employee to grant immediate access to such inspector shall be grounds for the revocation or suspension of any business or employee permit.

(Code 2019)

The operation of any such establishment shall be subject to the following regulations:

(a)   Hours. Such business shall be closed, and operations shall cease between the hours of 12 a.m. and 6 a.m. each day.

(b)   Separation of sexes. It shall be unlawful for customers of opposite sex to receive treatment in the same room or the same quarters at the same time.

(c)   Danger to safety health. No service shall be given which is clearly dangerous or harmful in the opinion of the health director to the safety or health of any person, and after such notice in writing to the licensee from such director.

(d)   Alcoholic beverages. No alcoholic beverages or cereal malt beverages, nor the consumption thereof, shall be allowed, permitted or suffered to be done in or upon any premises permitted under the provisions of this article.

(e)   Conduct of premises. All operators permitted under the provisions of this article shall always be responsible for the conduct of business on their permitted premises and for any act or conduct of their employees which constitutes a violation of the provisions of this article. Any violation of the city, state or federal laws committed on the permitted premises by any such permittee or employee affecting the eligibility for suitability of such person to hold a license or permit may be grounds for suspension or revocation of same.

(f)   Every portion of a permitted establishment, including appliances and personnel shall be kept clean and operated in a sanitary condition.

(g)   All employees shall be clean and wear clean outer garments which use is restricted to the permitted establishment. Provisions for a separate dressing room for each sex must be available on the premises with individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing.

(h)   All employees, masseurs and masseuses must be modestly attired. Diaphanous, flimsy, transparent, form-fitting or tight clothing is prohibited. Clothing must always cover the employees̓, masseurs̓ or masseuses̓ chests. Hemlines of skirts, dresses or other such attire may be no higher than the top of the knee.

(i)    The private parts of patrons must be covered by towels, cloths or undergarments when in the presence of an employee, masseur or masseuse. Any contact with a patron’s genital area is strictly prohibited.

(j)    All permitted establishments, when applicable, shall be provided with clean, laundered sheets and towels in enough quantity and shall be laundered after each use thereof and stored in approved, sanitary manner.

(k)   Wet and dry heat rooms, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.

(Code 2019)

A permittee shall always have the premises supervised when open for business. (Any business rendering massage services shall have one person who qualifies as a masseur or masseuse on the premises at all times while the establishment is open.) The permittee shall personally supervise the business, and shall not violate or permit others to violate, any applicable provision of this article. The violation of any such provision by any agent or employee of the permittee shall constitute a violation by the permittee.

(Code 2019)

(a)   All operators permitted under the provisions of this article shall keep and maintain on their premises a current register of all their employees showing such employees name, address and permit number. Such register shall be open to inspection at all reasonable times by any health inspector or members of the city police department.

(b)   Every person who engages in or conducts a permitted establishment shall keep a daily register, approved as to form by the police department, of all patrons, with names, addresses, and hours of arrival and, if applicable, the rooms or cubicles assigned. Said daily register shall always, during business hours, be subject to inspection by city health officials and by the police department and shall be kept on file for one year.

(Code 2019)

No person shall permit any person under the age of 18 years of age to come or remain on the premises of any permitted business establishment as masseur, employee or patron, unless such person is on the premises on lawful business.

(Code 2019)

No establishment granted a permit under provisions of this article shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services as described in section 3-801, or that employees, masseurs or masseuses are dressed in any manner other than described in section 3-810, nor shall any establishment indicate in the text of such advertising that any service is available other than those services described in section 5-401.

(Code 2019)

(a)   No massage business, bath house, modeling studio, body painting studio or employee permits are transferable, separate or divisible, and such authority as a permit confers shall be conferred only on the permittee named therein.

(b)   Any applications made, fees paid, and permits obtained under the provisions of this chapter shall be in addition to and not in lieu of any other fees, permits or licenses required to be paid or obtained under any other laws of this city.

(Code 2019)

The provisions of this article shall not apply to hospitals, nursing homes, sanitariums or persons holding an unrevoked certificate to practice the healing arts under the laws of this state, or persons working under the direction of any such persons or in any such establishment, nor shall this article apply to barbers or cosmetologists lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by this state.

(Code 2019)

The chief of police or the health director may, after a public hearing, make and enforce reasonable rules and regulations not in conflict with, but to carry out, the intent of this article.

(Code 2019)

All business or activity provided for under this article shall be conducted and performed on the respective premises; provided, however, that bath house or massage shop permittees or employees at the direction of a duly licensed physician may perform their services in behalf of physically incapacitated patients in such patients home, residence or other designated place, or such permittee or employee, may render such treatment to persons who are bedfast or are so physically incapacitated that it is impractical to provide same to such persons at a permitted location, and provided further that all such services so rendered shall have received the prior approval of the chief of police or health director or their authorized representative.

(Code 2019)