HomeMy WebLinkAbout2019-04-01-J02 Massage Therapy Business Licensing_INTRO, 1ST READAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: April 1, 2019
AGENDA ITEM:Consideration of approval of an ordinance to amend Chapter 404, Licensing
of Massage Establishments [introduction; first reading]
FORMAT:Ordinance
SYNOPSIS INCLUDING PRO & CON: The purpose of this ordinance is to identify and address
businesses 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.
The practice of massage therapy, as defined in section 152C of the Iowa Code
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 Iowa Code.
In the proposed ordinance, each massage therapist shall keep his/her license in
possession at all times while doing business in the City and shall, upon the
request of prospective customers or City official, exhibit the license as
evidence of compliance with all requirements of this subchapter.
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 103.4 The Chief of Police, 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 Chief, or designee, shall keep the premises
placarded until a state license has been obtained or some other legal use has
been established. 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 103.4 of this
code or pursuant to state law.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
J2
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Introduce the ordinance and approve the first reading in title only.
ATTACHMENTS: I. Proposed Ordinance
PREPARED BY: Police Chief John Quinn
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 404, THE LICENSING OF MASSAGE
ESTABLISHMENTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WAUKEE, IOWA, that
the existing Chapter 404, The Licensing of Massage Establishments, be repealed and
replaced with the following:
MASSAGE THERAPY BUSINESS LICENSING
404.01 Purpose. The State of Iowa licenses massage therapists and businesses in
section 152C of the Iowa Code. 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 ordinance is not
intended to discourage a legitimately licensed massage therapist or massage therapy
business from providing their/its services in the City of Waukee.
The purpose of this ordinance is to identify and address businesses 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.
404.02 Definitions. In addition to, or in place of the definitions included in the
Iowa Code Chapter 152C.1, and for the purposes of this subchapter, the following words
and phrases shall have the meaning respectively ascribes to them by this subchapter.
“Massage therapist” means a person licensed by the State of Iowa to practice the
health care service of the healing art of massage therapy, practicing in the City of Waukee.
“Massage therapy business(s)” means any place of business wherein any person(s)
administer, practice, use, give or apply massage therapy.
404.03 State License Required. The practice of massage therapy, as defined in
section 152C of the Iowa Code 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 Iowa Code.
404.04 Display of License. Each massage therapist shall keep his/her license in
possession at all times while doing business in the City and shall, upon the request of
prospective customers or City official, exhibit the license as evidence of compliance with
all requirements of this subchapter.
404.05 Penalty.
(A) 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 103.4.
(B) The Chief of Police, 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 Chief, or designee, shall keep the premises
placarded until a state license has been obtained or some other legal use has been established.
(C) 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 103.4 of this code or pursuant to state law.
404.06 Severability Clause. If any section, provision, or part of this ordinance shall
be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity
of this ordinance as a whole or any section, provision, or part thereof not adjudged invalid or
unconstitutional.
Passed by the Council the ___ day of ___________, 2019, and approved this ___ day of
___________, 2019.
William F. Peard, Mayor
Attest:
Rebecca D. Schuett, City Clerk