[Code 1961, § 9.04.01; Ord. No.
75-3, 7-21-1975]
Unless a particular provision or the context otherwise requires,
the definitions contained in this section shall govern the meaning,
application, and construction of words and phrases used in this article:
Any person, other than the masseur, who renders any service
to the permittee on the premises.
Any sexual acts prohibited by the valid laws of the state
or territory where the conduct took place.
Any method of treating the superficial, external parts of
the body for medical, hygienic, exercise, or relaxation purposes by
applying pressure to, causing friction against, stroking, kneading,
rubbing, tapping, pounding, vibrating, or stimulating said part with
the hands or any instrument, or by the application of air, liquid,
or vapor baths of any kind whatsoever, 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.
Any establishment wherein any person engages in or carries
on, or causes to be engaged in or carried on, a business which includes
the providing or administering of massages.
Any person, male or female, who engages in the practice of
massage as herein defined.
Any person over 18 years of age who receives a massage under
such circumstances that it is reasonably expected that such person
will pay money or give any other consideration therefor.
Any school or institution of learning, recognized and approved
by the state, which has for its purpose the teaching of the theory,
method, profession, or work of massage, which school requires a resident
course of study of not less than 70 hours before a student who successfully
completes said course can be furnished with a diploma or certificate
of graduation.
[Code 1961, § 9.04.01; Ord. No.
75-3, 7-21-1975]
The purpose of this article is to regulate the operation of
massage parlors located in the Town so as to prevent unsanitary conditions
and the carrying on of illegal sexual conduct; and in general to promote
the public health, safety, welfare and morals.
[Code 1961, § 9.04.03; Ord. No.
75-3, 7-21-1975]
(a)
No person shall engage in, conduct, or carry on the operation of
a massage parlor within the Town unless such person has a valid massage
parlor permit issued by the Town pursuant to the provisions of this
article for each separate office or place of business conducted by
such person.
(b)
No person shall engage in the practice of massage unless such person
has a valid masseur's permit issued by the Town pursuant to the
provisions of this article.
[Code 1961, § 9.04; Ord. No. 75-3, 7-21-1975]
(a)
Any person desiring a massage parlor permit shall file a written
application with the Chief of Police on a form furnished by the Chief
of Police. The applicant shall accompany the application with a nonrefundable
filing fee of $50.
(b)
The application shall include the following information:
(1)
The type of ownership, i.e. whether individual, partnership,
corporation, or otherwise;
(2)
The name, style, and designation under which the business will
be conducted;
(3)
The business address and all telephone numbers where the business
is to be conducted. Telephone numbers shall be provided as soon as
they are available;
(4)
A description of all services which will be offered in the massage
parlor;
(5)
A complete list of the names and residence addresses of all
masseurs, employees, independent contractors, or other people who
will be performing activities or services on the premises of the massage
parlor;
(6)
The following personal information concerning the applicant
if an individual; concerning each stockholder holding more than 10%
of the stock, each officer and each Director; if a corporation; and
concerning the partners, including limited partners, if a partnership;
and concerning the Manager of other person principally in charge of
the operation of the massage parlor:
(a)
Name, residence address, and all residence telephone numbers.
(b)
Written proof of age.
(c)
Height, weight, color of hair and eyes, sex.
(d)
Two portrait photographs, at least two inches by two inches,
taken within 30 days of the application date.
(e)
Business, occupation, or employment of the applicant for the
three years immediately preceding the date of application.
(f)
Previous involvement with massage parlors, including, but not
limited to, whether the applicant previously operated a massage parlor
under license or permit and whether such license or permit was denied,
revoked, or suspended, and, if so, the reasons therefor.
(g)
Any criminal convictions, except minor traffic violations, within
five years of the date of application.
(h)
Written declaration by the applicant, under penalty of perjury,
that the information contained in the application is true and complete
to the best of the applicant's knowledge, said declaration being
dated and signed in the presence of the Chief of Police or the chief's
authorized designate.
[Code 1961, § 9.04.05; Ord. No.
75-3, 7-25-1975]
(a)
Any person desiring a masseur's permit shall file a written
application with the Chief of Police on a form filed by the Chief
of Police. The applicant shall accompany the application with a nonrefundable
filing fee of $25.
(b)
The application shall include the following information:
(1)
The name, address, and telephone number of all massage parlors
wherein the applicant will practice massage.
(2)
The following personal information:
(a)
Name, residence address, and all residence telephone numbers.
(b)
Social security number.
(c)
Height, weight, color of hair and eyes, sex.
(d)
Written proof of age.
(e)
Business, occupation or employment for the three years immediately
preceding the date of application.
(f)
Any criminal convictions, except minor traffic violations, within
three years of the date of application.
(g)
Name and address of recognized school attended, the dates attended,
and a copy of the diploma or certificate of graduation awarded to
the applicant.
(h)
Written declaration by the applicant, under penalty of perjury,
that the information contained in the application is true and complete
to the best of the applicant's knowledge, said declaration being
dated and signed in the presence of the Chief of Police or the chief's
authorized designate.
[Code 1961, § 9.04.06; Ord. No.
75-3, 7-25-1975]
(a)
Upon receiving an application for either a massage parlor or masseur's
permit, the Chief of Police shall investigate the applicant's
moral character and personal history. The Chief of Police may, in
such officer's discretion, require a personal interview with
the applicant, or such further information as shall reasonably bear
on the investigation.
(b)
In the case of applications for massage parlor permits, the Chief
of Police shall cause the premises where the massage parlor will be
operated to be inspected by appropriate Town officials in order to
assure that such premises comply with all the sanitation requirements
set forth in this article as well as with other ordinances and regulations
concerning public health, safety, and welfare.
(c)
In exercising the responsibilities under this article the Chief of
Police shall act solely to effect the purposes stated herein.
(d)
Before any permit shall issue under this article, the Chief of Police
shall first sign such officer's approval on the application.
[Code 1961, § 9.04.07; Ord. No.
75-3, 7-25-1975]
(a)
An applicant for a massage parlor permit shall be entitled to a public
hearing if such applicant so desires.
(b)
All massage parlor permit application forms shall contain a section
wherein the applicant must affirmatively indicate whether said applicant
elects to have a public hearing or to waive that right. Such election
shall be separately signed by the applicant.
(c)
If the applicant elects to have a public hearing, the Chief of Police
shall fix the time and place for a public hearing where the applicant
and any interested residents of the Town may present evidence on the
question of issuance or denial of the permit. The public hearing shall
be held within 30 days from the date the Chief of Police receives
the application.
(d)
The Chief of Police shall give the applicant at least 10 days written
notice of such hearing date, and shall cause a notice of such hearing
to be posted for at least 10 days before the hearing in a conspicuous
place on the property in which or on which the massage parlor is proposed
to be operated.
[Code 1961, § 9.04.08; Ord. No.
75-3, 7-25-1975]
The Chief of Police shall issue a massage parlor permit within
45 days of receipt of the application unless such officer finds that:
(1)
The proper filing fee has not been paid; or
(2)
The operation of the massage parlor, as proposed by the applicant,
if permitted, would not comply with all applicable laws, including,
but not limited to the town's building, zoning and health ordinances
and regulations; or
(3)
The applicant, if an individual, or any of the stockholders holding
more than 10% of the stock of the corporation, or any of the officers
or the Director, if a corporation; or any of the partners, including
limited partners, if a partnership; or the Manager or other person
principally in charge of the operation of the business, have been
convicted of any crime involving dishonesty, fraud, deceit, or illegal
sexual conduct within five years of the date of application; or
(4)
The applicant has knowingly made any false, misleading, or fraudulent
statement of fact in the application or during the Chief of Police's
subsequent investigation; or
(6)
Any person required to provide information under Section 11-63
is under 18 years of age.
[Code 1961, § 9.04.09; Ord. No.
75-3, 7-25-1975]
The Chief of Police shall issue a masseur's permit within
21 days of receipt of the application unless such officer finds that:
(1)
The proper filing fee has not been paid; or
(2)
The applicant is under 18 years of age; or
(3)
The applicant has been convicted of any crime involving dishonesty,
fraud, deceit, or illegal sexual conduct within three years of the
date of application; or
(4)
The applicant has knowingly made any false, misleading, or fraudulent
statement of fact in the application or during the Chief of Police's
subsequent investigation; or
[Code 1961, § 9.04.10; Ord. No.
75-3, 7-25-1975]
The massage parlor permittee shall display the permit, and that
of each masseur employed in the establishment, in an open and conspicuous
place on the massage parlor premises.
[Code 1961, § 9.04.11; Ord. No.
75-3, 7-25-1975]
The permit fee for a massage parlor permit shall be $50 per
year or any part thereof. The permit fee for masseurs shall be $10
per year or any part thereof. Such permit fees shall be paid in full
before a permit can be issued.
[Code 1961, § 9.04.12; Ord. No.
75-3, 7-25-1975]
(a)
Any massage parlor permit issued under this article shall be subject
to suspension or revocation by the Chief of Police for violation of
any provision of this article; or for any grounds that would warrant
the denial of issuance of such permit in the first place; or where
the permittee has, subsequent to the issuance of the permit, been
convicted of a crime involving dishonesty, fraud, deceit, or illegal
sexual conduct; or where any employee, independent contractor, or
other person performing services or activities on the premises has
been convicted of such a crime relating to the operation of the massage
parlor and where the permittee had actual or constructive knowledge
of the act constituting the crime; or where the permittee refuses
to permit any duly authorized police officer, or health or safety
inspector of the Town to inspect the premises or the operations therein
at a reasonable time and in a reasonable manner.
(b)
Any masseur's permit issued under this article shall be subject
to suspension or revocation by the Chief of Police for violation of
any provision of this article or for any grounds that would warrant
the denial of issuance of such permit in the first place; or where
the masseur has, subsequent to the issuance of a permit, been convicted
of a crime involving dishonesty, fraud, deceit, or illegal sexual
conduct.
(c)
Before any permit is revoked or suspended, the permittee shall have
a right to a public hearing before the Chief of Police. The permittee
shall be given 10 days' written notice of such hearing.
(d)
When the Chief of Police revokes or suspends a permit issued under
this article, such officer shall state the reasons in writing, specifying
the particular grounds for such revocation or suspension.
[Code 1961, § 9.04.14; Ord. No.
75-3, 7-25-1975]
(a)
Except as provided in subsection (b) of this section, no massage parlor or masseur permit is transferable. Such authority as the permit confers shall be conferred only on the permittee named therein.
(b)
On the death or permanent incapacity of a massage parlor permittee,
the massage parlor may continue in business for a reasonable period
of time to allow another person to obtain a permit.
[Code 1961, § 9.04.13; Ord. No.
75-3, 7-25-1975]
(a)
Every massage parlor permittee shall at all times keep a record of
the time, date, and nature of all services provided. Such record shall
be available at all times for inspection by the Chief of Police, and
Town health or safety officials.
(b)
Every massage parlor permittee shall at all times keep an updated,
complete list of the names and residence addresses of all masseurs,
employees, independent contractors, or other people who perform activities
or services on the premises of the massage parlor. Such list shall
be available at all reasonable times for inspection by the Chief of
Police.
(c)
Every massage parlor permittee 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 at all times during business hours be subject
to inspection by health officials and by the Town police, and shall
be kept on file for one year.
[Code 1961, § 9.04.15; Ord. No.
75-3, 7-25-1975]
(a)
Every portion of the massage parlor, including all furniture, equipment,
appliances, fixtures and apparatus shall be kept clean and in a sanitary
condition. The walls shall be clean and painted with washable, mold-resistant
paint in all spaces where water or steam baths or treatments are given.
Floors shall be free from any accumulation of dust, dirt, or refuse.
All equipment used in the massage operation must be clean and sanitary.
No food or beverage of any kind shall be allowed in the spaces where
massages are given. Towels, linen, and items for personal use of masseurs
and patrons shall be clean and freshly laundered. Towels, cloths and
sheets shall not be used between cleanings for more than one patron.
Heavy, white paper may be substituted for sheets provided that such
paper is changed for every patron.
(b)
Every masseur or other employee, independent contractor, or other
person performing services or activities on the premises, who comes
in physical contract with a patron shall be clean at all times, and
shall at all times wear clean outer garments.
(c)
No massage service or practice shall be carried on within any cubicle,
room, booth, space or area within a massage parlor which is fitted
with a door capable of being locked.
(d)
Every cubicle, room, booth, space, or area within a massage parlor
in which any massage service or practice is engaged in shall be constructed
and maintained so that persons outside may at all times have available
an unobstructed view of the entire cubicle, room, booth, space or
area. Measures to protect the privacy of patrons are permissible as
long as the above requirement is met.
(e)
Any intentional contact with a patron's genital area is prohibited.
[Code 1961, § 9.04.16; Ord. No.
75-3, 7-25-1975]
A massage parlor permittee shall have the premises supervised
by a Manager at all times when open for business. A massage parlor
shall have at least one person who qualifies as a masseur on the premises
at all times which the establishment is open. The permittee shall
personally supervise the operation of the massage parlor, and shall
not violate, or permit others to violate, any applicable provision
of this article. The violation of any such provision by any agent
of the permittee shall constitute a violation by the permittee, unless
the permittee can show this provision is unreasonable as applied to
said permittee.
[Code 1961, § 9.04.17; Ord. No.
75-3, 7-25-1975]
(a)
A massage parlor shall be periodically inspected by the Chief of
Police or authorized designate and by Town health and safety officials
to ensure that the provisions of this article are being complied with.
Such inspections shall be made at a reasonable time, and in a reasonable
manner. The permittee shall allow authorized inspecting officials
immediate access to all portions of the premises, and shall not hinder
such officials in any manner.
(b)
Town officials shall coordinate the schedule of their inspections
of each massage parlor through the Chief of Police so as to prevent
undue interference with the normal operation of the massage parlor.
[Code 1961, § 9.04.18; Ord. No.
75-3, 7-25-1975]
(a)
No massage parlor operated in the Town shall place, publish, or distribute,
or cause to be placed, published, or distributed any advertising material
which reasonably suggests to prospective patrons that any services
are available other than those services permitted by law. This section
is intended to specifically prohibit suggestions in advertising material
that illegally sexual conduct might take place on the premises of
the massage parlor.
(b)
Said advertising materials shall affirmatively state that the massage
parlor is "subject to police inspection."
[Code 1961, § 9.04.20; Ord. No.
75-3, 7-25-1975]
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 the 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 on their particular profession or business and holding a
valid, unrevoked license or certificate of registration issued by
the state.
