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
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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-
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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.
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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.
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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
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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-
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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-
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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
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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
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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.
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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
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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-
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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
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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.
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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.
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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
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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
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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
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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/