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HomeMy WebLinkAbout1983-12-20-Ordinance 2027_Massage EstablishmentsORDINANCE No.2027 AN ORDINANCE PROVIDING FOR THE LICENSING OF MASSAGE ESTAB- LISHMENTS,AND FOR THE REGULATION OF MASSAGE ESTABLISH- MENTS,MASSAGE SERVICE,AND MASSAGE TECHNICIANS. BE IT ORDAINED by the Council of the City of Waukee: Section 1.THERE SHALL BE ADDED TO THE WAUKEE MUNICIPAL CODE,CHAPTER 404 as follows: Section 2.Definitions.For the purposes of this Division,the following words and phrases shall have the meanings herein set forth,unless it is apparent from the context that a different meaning is intended. ACCREDITED SCHOOL.An accredited school is any school wherein the method,profession, and work of massage is taught,which fur- nishes a statement of courses offered,in- cluding anatomy and physiology,is accredi- ted by a state unit of educational accredi- tation,or by the American Massage and Therapy Association,provides for not less than 1,000 hours of instruction,and fur- nishes a certificate or diploma of success- ful completion of such course of study or learning. APPLICANT.The term,"applicant"means any person applying for a license to render massage service,or to operate a massage establishment,and in addition thereto shall include and mean all partners in a partnership and all stockholders of a corporation where the controlling interest of the corporation is held by five or less persons or legal entities. MASSAGE ESTABLISHMENT.The term,"massage establishment",means any place of business wherein any of the treatments,techniques, or method of treatment referred to in the definition of "massage or massage service" are rendered,practiced,used,given or applied. MASSAGE OR MASSAGE "massage or massage SERVICE. service", The term, means any method of treating the external parts of the body,consisting of rubbing,stroking, kneading,tapping,or vibrating;such treatments being performed by the hand or any other body parts,or by any mechanical or electrical instrument. MASSAGE patron", pays to services PATRON.The term,"massage means any person who receives,or receive,a massage or massage from a massage technician. MASSAGE TECHNICIAN.The term,"masage technician",means any person who engages in the business of performing a massage or massage services on or for other persons by use of any or all of the treatments, techniques or methods of treatment referred to in the definition of "massage or massage service". PERSON OF GOOD MORAL CHARACTER.As used in subchapter the term "person of good moral character",shall mean any person who meets all of the following requirements: a.Such person has such financial standing and good reputation as will satisfy the issuing authority that such person will comply with this division and all laws,ordi- nances,and regulations applicable to such person's operations under this division. b.Such person has not held a permit under this division which has been revoked during the year last pre- ceding the date of application. c.Such person has not been convicted of a felony involving moral terpi- tude.However,if this conviction of a felony occurred more than five (5)years before the date of the application for a permit,and if the rights of citizenship have been restored by the Governor,the issuing authority may determine -2- that such person is a person of good moral character notwithstand- ing such conviction. Section 3.Compliance with Subchapter Required. No person,firm or corporation shall operate,own,con- duct,carryon or permit to be operated,owned,conducted or carried on any massage establishment of any type or kind including,but not limited to massage parlor,massage service business or any massage business or service offer- ed in conj unction wi th or as part of any health club, health spa,resort or health resort,gymnasium,athletic club,or other business,without compliance with the provis ions of this subchapter.No person shall perform the services,duties or work of a massage technician except in compliance with the provisions of this subchapter. Section institutions subschapter: 4.Exemptions. are excluded The from following persons the operation of and this A.Persons licensed by the state of Iowa under the provisions of chapters 148, 148A,148B,150,150A,151,152,157 or 158 of the Iowa Code,when performing massage therapy or massage services as a part of the profession or trade for which licensed. B.Persons performing massage therapy or massage services under the direct sup- ervision of a person licensed as des- cribed in paragraph A hereinabove. C.Persons performing massage therapy or massage services upon a person pursuant to the written instruction or order of a licensed physician. D.Nurses'aides,technicians and atten- dants at any hospital or health care facility licensed pursuant to chapters 135B,135C or 145A of the Iowa Code,in the course of their employment and un- der the supervision of the administra- -3- tor thereof or of a person licensed as described in paragraph A hereinabove. E.An athletic coach or trainer, 1.in any accredited public or private secondary school,junior college, college or university,or 2.employed by a professional or semi- professional athletic team or or- ganization,in the course of his employment as such coach or trainer. Section 5.Licenses for Massage Business. A.No person,firm or corporation shall operate,own,conduct,carryon or permit to be operated,owned,conducted or carried on any massage business in the city unless the premises at which such business is located meet the mini- mum standards set forth in section 12 of this code and unless a license to operate a massage establishment is ob- tained from the city in compliance with the provisions of this subchapter. B.Application Procedures.Any person, firm or corporation seeking a license to operate a massage establishment shall make application to the city clerk.The city clerk shall cause an investigation of such application to be made by the police department to deter- mine if such applicant is of good moral character.The city clerk shall also cause an investigation to be made by the fire department and zoning Adminis- trative Officer to determine that all requirements of this subchapter have been satisfied and that the applicant has fully complied with all applicable ordinances and regulations relating to buildings,zoning,fire and health. -4- c.Applicaton contents.The applica- tion shall contain the folowing: 1.The full name,res idence address, business address,date of birth and social security number of the applicant and,where the applicant is a corporation or partnership,of the officers or partners. 2.The two pervious addresses immedi- ately prior to the present address of the applicant. 3.Written proof that the applicant is at least 18 years of age. 4.Applicant's height,weight,color of eyes and hair. 5.Two current portrait photographs at least two inches by two inches. 6.Business,occupation,or employment of the applicant,including loca- tion thereof,for the three years immediately preceding the date of application. 7.The massage or similar business license history of the applicant; whether such person,in previously operating in this or another city or state under license,has had such license revoked or suspended, or has been adjudged in violation of this subchapter,the reason therefor,and the business activity or occupation subsequent to any such action of suspension or revo- cation or judgment. 8.The arrest record and the criminal record of the applicant,if any. -5- 9.A statement that the applicant is of good moral character. 10.Applicant must furnish a diploma, certificate of graduation or other proof of graduation from an accre- dited school,provided,however, that if the applicant will have no physical contact with customers or clients,then the applicant need not possess such diploma or certif- icate of graduation. 11.If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation to- gether with the names and residence addresses of each of the officers, directors,and each stockholder holding more than ten percent of the stock of the corporation.If the applicant is a partnership,the application shall set forth the name and the residence address of each of the partners,including 1imi ted partners.If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant apply. 12.All information required herein of any applicant shall also be provi- ded for every person who,directly or indirectly,has any right to participate in the mangement or control of the business to be conducted at the premises of the proposed massage establishment. 13.The names and address of the owner of the building where such massage business will be located. 14.Certified copies of any lease rental agreement governing or the -6- applicant's rights in said build- ing. 15.Such other identification and formation necessary to discover truth of the matters herein quired to be set forth in application. in- the re- the 16.Nothing contained herein shall be construed to deny to the city clerk the right to request that the chief of police take fingerprints and additional photographs of the applicant,nor shall anything contained herein be construed to deny the right of the city clerk to confirm the height and weight of the applicant. 17.The signature of the applicant or applicants or,if the application is in the name of a corporation, the signature of each officer of the corporation. D.License Fees. shall be charged ment licenses: The following fees for massage establish- 1.For establishments with one or two treatment rooms or massage enclo- sures,$30.00, 2.For establishments with three or more treatment rooms or massage enclosures,$130.00. E.Issuance of License.The zoning, fire,and police department shall make written reports of their investigations and shall submit such reports to the city clerk within 45 days of the date of the application.If the city clerk finds that the applicant has fully com- plied with all requirements of this subschapter and all applicable ordinan- -7- ces and codes regulating,fire,build- ings,health and zoning,and that the appl icant is of good moral character, then the city clerk shall approve the application and shall authorize the issuance of a license to conduct a mas- sage business at the location designa- ted in the application.Said license shall expire one year from the date of issuance,and renewals thereof,if approved,shall expire on the anniver- sary date of such date of issuance.In the event that the city clerk deter- mines that the applicant has not fully complied with all of the requirements of this subchapter for a new or a re- newal license,or any other applicable ordinances or codes regulating fire, buildings,health or zoning,or may not be of good moral character,or may have falsified his or her application,then the city clerk shall,after consulta- tion with the legal department,advise the city council of the basis for ques- tioning the applicant's qualifications, and the procedures for notice and hearing as set forth in section 404.4 of this code shall apply before the license shall issue. F.Separate License for Each Place of Business.Each massage business shall have a separate license for each place of business,which shall be valid only for the business conducted at that location. G.License to be Displayed.Each mas- sage business shall display its license conspicuously in the lobby or waiting room area where such license may be readily observed by all persons enter- ing such premises. H.Sale or Transfer.No massage estab- lishment license shall be sold or transferred.The purchaser or purchas- -8- ers of any massage business or of the majority of the stock of any corpora- tion operating a massage business shall make application for and obtain a new license before operating such business at the location for which the license has been issued. I.Subsections A through H hereof shall apply to all persons,firms,or corpor- ations,whether or not licensed in another city,county or state. Section 6.Denial, License. RevocationSuspensionor A.Grounds.The massage establishment license of any such applicant or licen- see may be denied,suspended,or revok- ed for violation of the provisions of this subchapter,or for failure to com- ply with applicable fire regulations, building regulations,or health ordin- ances,or for permitting massage tech- nicians,who are either employed by the licensee or who are allowed by the licensee to perform the services or work of a massage technician upon the premises of the licensee,to violate the provisions of this subchapter,or if it is found that the applicant lacks good moral character,or has falsified an application,or has refused to per- mit any duly authorized peace officer or building or fire inspector to inspect the premises. B.In the event the city clerk is apprised of information indicating that grounds for denial,suspension or revocation of a massage establishment license may exist,he or she shall cause an inves- tigation of such grounds to be mde by the appropriate city department or deprtments and,after consultation with the legal department,shall advise the city council in writing of the results of the investigation.If the city -9- of council determines that the report re- veals the probable existence of grounds for suspension or revocation,it shall direct written notice by ordinary mail to the licensee named on the applica- tion at the massage establishment address informing such person of its intention to hold a public hearing on the question of whether such license should be denied,suspended or revoked and the grounds therefor,stating the date and time of said hearing.Upon said hearing,if the city council shall determine that such cause does exist, 1.If the determination is the first such for that licensee,it may wi thhold action on an appl ication for one month from date of hearing or suspend an existing license for up to one month,and thereupon such licensee shall cease massage busi- ness at that location or at any other location for the period of suspension; 2.If the determination is the second such for that licensee or if the city council finds against the applicant or licensee on two or more grounds at such hearing,it may deny an application or revoke an existing license at that location,and in either event no massage establishment license shall issue nor shall such business be conducted at that location for a period of one year,nor shall the licensee be permitted to conduct such business in the city for that period. Section 7.Register of Employees. establishment shall maintain a register employed as massage technicians and their technician license numbers. A of all current massage persons massage -10- Section 8.Massage Technician License. A.License Required.No person shall perform the services,duties or work of a massage technician without first re- ceiving a massage technician license from the city clerk.Such license shall not be required for the owner of a licensed massage establishment who performs the services ,duties or work of a massage technician in his or her own establishment provided such person provides the information required in subsections C6 and C7 of this section on the application for massage estab- lishment license,and states that such owner will be a massage technician at such establishment. B.Application Procedures.Any person seeking a massage technician license shall apply to the city clerk.The city clerk shall cause an investigation of such applicant by the police depart- ment to determine if such person is of good moral character. C.Application Contents. tion shall contain the mation: The applica- following in for- 1.The full name,res idence address, business address,date of birth and social security number and driver's license number,if any,of the app- 1 icant. 2.Applicant's weight,height,color of hair and eyes. 3.Two current portrait photographs at least two inches by two inches. 4.Written evidence that the applicant is at least 18 years of age. -11- 5.Business,occupation or employment of the applicant,incl ud ing loca- tion thereof,for the three years immediately preceding the date of application. 6.The arrest record of the applicant and whether the applicant has ever been convicted of any crime,except misdemeanor traffic violations.If any person mentioned in this sub- section has been so convicted,a statement must be made giving the place and court in which such con- viction was had,the specific charge under which the conviction was obtained,and the sentence im- posed as a result of such convic- tion. 7.The name and address of the accre- dited school attended,the date attended and a copy of the diploma, certificate of graduation,or other proof of graduation stating the applicant has completed not less than 1,000 hours of instruction. 8.A certificate issued by a licensed physician stating that the appli- cant is free from communicable diseases and venereal diseases in- cluding but not limited to syphilis and gonorrhea,executed within one week preceding the date of the application. 9.The name of the licensed massage establishment where the applicant will be employed. 10.A statement that the applicant is of good moral character. 11.The city clerk shall have the right to direct the chief of police to take fingerprints and a photograph -12- of the applicant and the right to confirm the information submitted. 12.every application for a license under this section shall be verified under oath by the applicant. D.Issuance of the License.The police department shall make a written report of its investigation to the city clerk within 30 days of the date of the application. The city clerk may,upon presentation of the certificate described in subsection C8 hereinabove,issue a temporary massage technician permit to the applicant if the application is otherwise proper,pending receipt of the written police report.Up- on receipt of the police report and such certificate,the city clerk shall approve the application if the applicant has fully complied with all the requirements of this subchapter,and the city clerk shall thereupon issue a permanent massage tech- nician license to the applicant.The per- manent license shall expire one year from the date of issuance,and renewals there- of,if approved,shall expire on the anni- versary date of such issuance.In the event that the city clerk determines that the applicant for a new or renewal license has not fUlly complied with all of the re- quirements of this subchapter,or that the applicant is not of good moral character, or that the applicant has falsified his or her application,then the city clerk shall,after consultation with the legal department,advise the city council of the basis for questioning the applicant's qualification,and the procedures for notice and hearing as set forth in section 9 of this code shall apply before the permanent license shall issue. E.License valid only for establishment listed on the application.The massage technician license,when issued,shall be valid only for the massage establishment listed on the application.A massage technician changing place of employment shall have his or her license amended by the city clerk to show that the estab- -13- lishment proposing such employment holds a valid massage establishment license before commencing work for the new employer as a massage technician. F.License to be kept at place of employ- ment.A massage technician having a current license issued pursuant to this subchapter shall keep said license at his or her place of employment as a massage technician and shall display such license at the request of any peace officer. G.License massage $25.00. massage fees.The technician The fee for establishment license fee for license shall listing a change shall be $5.00 a be of H.Identification name plate.The city clerk shall provide each massage techni- cian granted a license with an identifica- tion name plate which shall contain a photograph of the massage technician and the name and license number assigned to said massage technician,which must be worn on the front of the outermost garmet at all times during the hours of employ- ment at any establishment granted a license pursuant to this subchapter. I.Time for compliance.Any licensee holding a valid license issued pursuant to this subchapter prior to April 25,1981 must comply with the application and licensing provisions of this subchapter within 30 days of such date,provided any such licensees who fail to so comply will be deemed to be operating without a valid license after such 30 day period.The fee paid for such valid license shall be aportioned based on the period remaining before its expiration and the amount of such apportioned fee shall be credited to the fee for a new license pursuant to this -14- subchapter as amended, license is applied for, tioned amount shall be current licensee. or,if no then such returned such appor- to the J.Subsections applicable.Subsections A through I hereof shall apply to all persons,whether or not licensed in another city,county or state. Section 9.Denial,Suspension Massage Technician Licenses. or Revocation A.Grounds for denial,suspension or revo- cation.A massage technician license may be denied,suspended,or revoked for any violation of this subchapter,including but not limited to the failure to comply with new or renewal application proced- ures,a finding of the lack of requisite good moral character,or falsification of new or renewal applications. B.Denial,suspension or revocation pro- ceedings.The city clerk shall,upon receipt of information alleging that grounds exist to deny,suspend or revoke the massage technician license of any app- licant or licensee under this subchapter, and after consultation with the legal department,report the circumstances to the city council,which in such case shall cause a notice to be sent by ordinary mail to the applicant or licensee which notice shall state that a denial,suspension,or revocation hearing has been set before the city council,the grounds for the proposed denial,suspension or revocation,the date and time of the hearing and the place where the hearing will be conduct.d,Upon such hearing,if the city council shall determine that one or more of such grounds do exist,it may deny an application or suspend or revoke an existing license.In the event such license is revoked,no massage technician license shall issue to that licensee for a period of one year. -15- of Section 10.Renewals.Each massage establish- ment or massage technician shall apply for a license annually by application as if for an original license. There shall be no automatic renewal.Such appl ication shall be filed and the fee paid no less than 30 days prior to the anniversary date of the issuance of the current license. Section 11.Employment of Massage Technicians. It shall be the responsibility of the licensee for the masage establishment or the employer of any persons purporting to act as massage technicians,to insure that each person employed as a massage technician shall first have obtained a valid license pursuant to this subchapter. Section 12.Home Massage Treatments.Massages may be administered in the patron's home by any massage technician having a license issued in accordance with this subchapter provided massagese are prescribed in writing by a physician duly licensed to practice medicine in the state of Iowa and such physician certifies that the patron is unable for medical reasons to obtain such in a massage establishment.No massage technician shall administer any massage service at a location which does not conform to or comply with the standards set forth in section 13 of this code,except as set forth in this section. Section 13.Health Standards. A.No massage establishment shall be estab- lished,maintained or operated in the city that does not conform to or comply with the following standards: 1.Each room or enclosure where massage services are performeed on patrons shall be provided with a minimum lighting of four foot candles as measured four feet above the floor. 2.The premises shall have adequate equipment for disinfecting and clean- ing non-disposable instruments and rnaterials used in administering massage services.Such materials and instruments shall be cleaned after each use. -16- 3.Hot and cold running water shall be provided at all times. 4.Closed cabinets shall be provided and used for the storage of all equipment, supplies and clean linens.All used disposable materials and soiled linens and towels shall be kept in covered containers of cabinets,which contain- ers or cabinets shall be kept separate from clean storage cabinets. 5.Clean linen and towels shall ded for each massage patron. mon use of towels or linens permitted. be provi- No com- shall be 6.All massage tables,bathtubs,shower stalls,sauna baths,steam or bath areas and all floors shall have sur- faces which may be readily cleaned. 7.Oils,creams,locations or other pre- parations used in administering mass- ages shall be kept in clean containers or cabinets. 8.Adequate bathing,dressing,locker and toilet facilities shall be provided for all patrons served at any given time.All patron lockers shall be lockable.In the event male and fe- male patrons are to be served simul- taneously,separate bathing,dressing, locker,toilet and massage room facilities shall be provided. 9.All walls,ceilings,floors,pools, showers,bathtubs,steam rooms and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition.Wet and dry heat rooms,steam or vapor rooms,or steam or vapor cabinets shower com- partments,and toilet rooms shall be thoroughly cleaned each day the busi- ness is in operation.Bathtubs and -17- showers shall be thoroughly cleaned after each use. 10.Each massage technician shall wash his or her hands in hot running water using soap or disinfectant before and after administering a massage to each patron. 11.The premises shall be equipped with a service sink for custodial services which sink shall be located in a janitorial room or custodial room separate from massage service rooms. 12.No person shall consume food or beverages in massage work areas. 13.Animals,except for seeing-eye dogs, shall not be permitted in massage establishments. 14.All massage establishments tinuously comply with all building,fire or health and regulations. shall con- applicable ordinances B.No massage technician shall administer a massage: 1.If said massage technician believes, knows,or should know he or she is not free of any contagious or communicable disease or infection. 2.To any massage patron exhibiting any skin fungus,skin infection,skin inflammation or skin eruption; provided,however,that a physician duly licensed to practice in the state of Iowa may certify that such person may be safely massaged prescribing the condition therefor. 3.To any person who is communicable disease or not free infection of or -18- whom the massage technician believes or has reason to believe is not free of communicable disease or infection. Section 13.Unlawful Acts. A.No massage patron receiving a massage shall caress or fondle the massage techni- cian administering the massage. B.No massage technician fondle the genital patron. shall masturbate or area of a massage c.No massage technician shall administer a massage to a massage patron unless such technician's sexual and genital body parts are completely covered by opague clothing. D.No massages shall be administered to massage patrons of different sexes in the same room or enclosure at the same time. E.No massage technician shall administer any massage services,and no massage patron shall receive a massage from a massage technician,at any place other than a massage establishment covered by a license issued in accordance with this subchapter, except in acccordance with section 12 of this code. F.No massage establishment licensee shall allow or knowingly permit massage techni- cians in his employ to administer massage services to a massage patron at any loca- tion other than a massage establishment covered by a license issued in accordance with this subchapter,except in accordance with section 12 of this code. G.No massage establishment granted a license under the provisions of this subchapter shall place,publish or distribute or cause to be placed,published or distribu- ted any advertising matter that depicts any portion of the human body that -19- would reasonably suggest to prospective patrons that any service is available other than those services as described in section 2 of this code,nor shall any massage establishment indicate in the text of such advertising that any service is available other than those services as described in section 2 of this code. H.No service enumerated in section 2 of this code shall be carried on within any cubicle,room,booth or any area within a massage establishment,which is fitted with a door capable of being locked. 1.No massage establishment shall between the hours of 10:00 P.M. A.M. operate and 7:00 Section 15.Notice Posted.The holder of a license to operate a massage establishment shall post at every entrance available to massage patrons the following notice: NOTICE It shall be unlawful for any person to patronize this massage establishment if this massage establishment is known by such patron to be in violation of Chapter 404,Waukee Municipal Code; a copy of said ordinance is posted herein and will be made available to any patron upon request. This notice shall be in not less than 72 point type. Section 16.Ordinance Posted.A copy of Chapter 404,Waukee Municipal Code shall be posted by the holder of a license to operate a massage establishment in a conspicuous place at or near the main entrance to said establishment,and shall be made available to any massage patron upon request. Section 17.Unlawful patronage.It unlawful for any person to patronize a establishment knowing such massage establishment violation of any provision of this ordinance. shall be massage to be in Section 18. provisions of Penalty. this chapter Violation shall be of any of punishable by the 30 -20- days in jail or $100.00 fine or by both such fine and imprisonment. Section 18.Severabili ty.If any section,provi- s ion,or part of this ordinance shall be adj udged to be invalid or unconstitutional,such adjudication shall not affect the validity of the ordinance as a whole or any section,provision or part thereof not adjudged invalid or unconstitutional. Section 19.Effective date. shall be in effect after its final publication as required by law. This ordinance passage,approval,and Passed by the Council the 20th day of December,1983 and approved this 20th day of December,1983. Attest: ~Q~('<seph A.Neubauer MAY 0 R l/