[HISTORY: Adopted by the Board of Commissioners of the City
of Union City 1-7-1997 as § 4-19 of the 1996 Revised General Ordinances.
Amendments noted where applicable.]
The Mayor and the Board of Commissioners hereby find as a fact
that the operation of any establishment, public or private, as a massage
parlor or bath parlor, or any similar or combination type of business
where physical contact with the recipient of the services provided
is by a person of the same or opposite sex, which physical contact
induces or results, or may induce or result, in sexual contact, behavior
or conduct, proscribed or otherwise, is a matter of public concern
in view of the fact that the same affects the general health and welfare
of the citizens of this City. The provisions hereinafter enacted and
described are deemed to be a necessity in the public interest, and
these findings of fact and description of legislative intent are hereby
declared as a matter of legislative determination.
As used in this chapter, the following terms shall have the
meaning indicated:
Any room, place or establishment, other than a regularly
licensed hospital or dispensary, where nonmedical and nonsurgical
manipulative exercises are practiced upon the human body for other
than cosmetic or beautifying purposes, with or without the use of
mechanical or bathing devices, by anyone not a physician or chiropractor
or of a similarly licensed status.
No person shall:
A.
Operate any establishment, regardless of whether it is a public or
private facility, as a massage parlor or bath parlor, or any similar
or combination type of business, where physical contact with the recipient
of the service offered is provided by a person of the same or opposite
sex, which physical contact induces or results, or may induce or result,
in sexual contact, behavior or conduct, proscribed or otherwise.
A.
The provisions of this chapter shall not apply to any duly licensed
physician, chiropractor, optometrist, nurse, physical therapist or
beautician.
B.
This chapter shall not apply to massage or physical therapy treatments
given by a registered massager RMT or AMTA and:
(1)
In the office of a licensed physician, chiropractor or physical therapist.
(2)
In a regularly established medical center, hospital or sanitarium
having a staff which includes licensed physicians, chiropractors and/or
physical therapists.
(3)
By any licensed physician, registered nurse, chiropractor or physical
therapist in the residence of his/her patient.
A violation of the provisions of § 254-3 shall constitute grounds for the revocation of any license, permit or certificate issued by the City relating to the premises in question. In addition, any person who violates the provisions of § 254-3 shall, upon conviction, be subject to penalties as set forth in Chapter 1, Article IV, General Penalty. Each day that the violation continues shall constitute a separate and distinct offense and violation of this chapter.
