HomeMy WebLinkAbout2021-06-30-4041
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.
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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.
Originally adopted December 20, 1983 – Ordinance 2027
(repeal and replace in entirety) May 6, 2019 – Ordinance 2927