HomeMy WebLinkAboutOrdinance - 7627-1978 - Ordinance Amending Chapter 15 By Adding New Article X Entitled "Massage Parlors" - 02/23/1978~-~\,:-~:;;J"~. :~y~b==============~O;;;;R;;;D;;,IN;;,;;A=N==C==E=N=O=>. --76=2=7=======1f== ... ' ~
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4 ·' . AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES,
CITY OF LUBBOCK. TEXAS, BY ADDING THERETO A NEW ARTICLE X ENTI-
T'LED, 11MASSAGE PARLORS11 ; PROVIDING FOR DEFINITIONS; PROVIDING FOR I PERMITS FOR BUSINESSES AND MASSEURS; PROVIDING FOR APPLICATIONS:
PROVIDING FOR APPROVAL OF APPLICATIONS., DISPLAY OF PERMITS AND
FEES; PROVIDING FOR REVOCATION OR SUSPENSION OF PERMITS; PROVID-
ING FOR KEEPING RECORDS, TRANSFER OF PERMIT; PROVIDING FOR SANI-
TATION AND SAFETY OF PREMISES AND SUPERVISION AND DRESS; PROHIBI-
TING PERSONS UNDER 18 YEARS OF AGE AND ALCOHOLIC BEVERAGES; PRO-
HIBITING MASSAGE BY PERSONS OF OPPOSITE SEX; PROVIDING EXCEPTIONS;
PROVIDING FOR PENALTIES;-PROVIDING A SAVINGS CLAUSE AND PROVIDING
FOR PUBLICATION:
WHEREAS, the City Council has determined that the regulation of massage
establishments would be in the best .interest of the health, safety and general wel-
fare of the citizens of the City of Lubbock; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Chapter 15 of the Code of Ordinances, City of Lubbock, BE
and is hereby amended by adding thereto a new Article X which shall read as fol-
fows:
ARTICLE X. MASSAGE PARLORS.
Section 15-93. Definitions. (a) Unless the particular provisiondr
the context otherwise requires., the definitions and provisions con-
tained in this section shall govern the construction., meaning., and
application of words and phrases used .in this article.
(b) 11Empioy~e11 means any person over 18 years of age11 other
than a masseur., who renders any service in connection with the
operation of a massage business and receives compensation from
the operator of the business or patrons.
(c) 11Massage11 means any method of treating the superficial
parts of a patron for medical., hygienic, exercise., or relaxation
purposes by rubbing., stroking., kneading., tapping., pounding., vi-
brating., or stimulating with the hands or any instrument., or by
the application of air., liquid., or vapor baths of any kin,4 whatever.
(d) 1'Masseur" means any person who engages in the practice
of massage as herein defined. The use of the masculine gender
shall include in all cases the feminine gender as well.
( ) I Ip II • e atron means any person over 18 years of age who receives
a massage under such circumstances that it is reasonably expected
that he or she will pay m @ney or give any other consideration therefor.
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Section 15-94. Permit required. (a) Business permit required.
No person shall engage in or carry on the business of massage
unless he has a valid massage business permit issued by the city
pursuant to the provisions of this ordinance for each and every
separate office or place of business conducted by such person.
(b) Masseur2 s permit required. No person shall practice mas-
sage as a masseur., employee or otherwise., unless he has a valid
and subsisting masseur1s permit issued to him by the city pursuant
to the provisions of this ordinance.
Section 15-95. Application for massage business permit. Any person
desiring a massage business permit shall fUe a written application
with the City Secretary on a form to be furnished by the City Secretary.
The investigation of applications as well as granting, denial., suspension,
revocation and supervision of permits shall be by the Police Chief. The
applicant shall accompany the application with a tender of the correct
permit fee as hereinafter provided and shall, in addition., furnish the
following:
(1) The type of ownership of the business., i. e., whether
individual, partners.hip, corporation., or otherwise;
(2) The name, style., and designation under which the business
or practice is to be conducted;
(3) The business address and all telephone numbers where the
business is to be c0nduected;
(4) A complete list of the names and residence addresses of all
masseurs and employees in the business and the name and residence
addresses of the manager or other person principally in charge of
the operation of the business;
(5) The following personal information concerning the applicant,
if an individual; and concerning each stockholder holding more than
10 percent of the stock of the corporation~ each officer and each
director, if the applicant is a corporation; and concerning the partners,
including limited partners, if the applicant is a partner ship; and con-
cerning the manager or other person principally in charge of the opera-
tion of the business:
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(i) Name, complete residence address and residence tele-
phone numbers.
(ii) The two previous addresses immediately prior to the
present address of the applicant.
(ill) Written proof of age.
(iv) Height, weight, color of hair and eyes, and sex.
(v) Two front face-portrait photographs taken within 30
days of date of the application and at least 2 inches by 2 inches
in size.
(vi) 0 the massage or similar business history and experience,
including 'but not limited to whether or not such person in previous-
ly operating in this or another city or state under license or permit
has had such license or permit denied, revoked, or suspended and
the reason therefor. and the business activities or occupations subse-
quent to web action of denial, suspension or revocation.
{vii) All criminal convictions other than misdemeanor traffic
violations, fully disclosing the jurisdiction in which convicted, and
the offense for which convicted and the circumstances thereof.
(viii) A complete set of fingerprints taken and to be retained
on file by the police chief or his authorized representatives.
(6) Such other information, identification, and physical examina-
tion of the person as shall be deemed necessary by the police chief
to discover the truth of the matter~s hereinbefore required to be set
forth in the application.
(7) Authorization for the city, its agents and employees to seek
information and conduct an investigation into the truth of 'the statements
set forth in the application and the qualifications of the applicant for the
permit.
(8) The names and addresses of three adult residents of the county
who will serve as character references. These references must be
persons other than relatives and business associates.
(9) Written declaration by the applicant, under penalty of perjury,
that the foregoing information contained in the application is true and
correct, said declaration being duly dated and signed in the city.
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Section 15-96. Application for masseur's permit. Any per son
desiring a masseur's permit shall file a written application with
the City Secretary on a form to be furnished by the City Secretary.
The investigation of applications., as well as granting., denial. sus-
pension. revocation and supervision of permits shall be by the Police
Chief. The applicant shall tender with the application the correct
permit fee as hereinafter provided and shall., in addition., furnish the
following:
(1) The business address and all telephone numbers where
the massage is to be practiced.
(2) The following personal information concerning the appli-
cant:
(i} Name, complete residence address and residence telephone
numbers.
(il) The two previous addresses immediately prior to the pre-
sent address of the applicant.
(ill) Written proof of age.
(iv) Height, weight, color of hair and eyes, and sex.
(v) Two front face-portrait photographs taken within 30 days
of the date of application and at least 2 inches by 2 inches in size.
(vi) The massage or similar business history and exp~rience., 'ii' including but not limited to whether or not such person in previously
operating in this or another city or state under license or permit
has had such license or permit denied, revoked, or suspended and the
reason therefor, and the business activities or occupations subsequent
to such action of denial, suspension or revocation.
(vii) All criminal convictions other than misdemeanor traffic
violations, fully disclosing the jurisdiction in which convicted., and
the offense for which convicted and the circumstances thereof:
{viii) A complete set of fingerprints taken and to be retained on
file by the police chief or his authorized representatives.
(ix) A I:fealin,£a-r:d tssuedJ>y;. the City Hea1fq Ojf1e-er_ .stating
that he has examined the applicant and believes the applicant to be
free of all communicable diseases, including Tuberculosis and
Veneral Diseases.
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(3) Such other information,. identification, and physical exam-
ination of the person deemed necessary by the police chief in order
to discover the truth of the matters hereinbefore required to be set
forth in the application.
(4) Authorization for the city, its agents and employees to seek
information and conduct an investigation into the truth of the statements
set forth in the application and the qualifications of the applicant for the
permit.
(5) Written declaration by the applicant, under penalty of perjury,
that the foregoing information contained in the application is true and
correct, said declaration being duly dated and signed in the city.
Section 15-97. Approval by police chief. Upon receiving the application
for a massage business or masseur's permit, the police chief shall
conduct an investigation into the applicant1s moral character and per -
sonal and criminal history. The police chief may, in his discretion,
require a personal interview of the applicant, and such further informa-
tion. identification and physical examination of the person as shall bear
on the investigation.
In the case of applications for massage business permits, the police
chief shall cause to be conducted an investigation of the premises where
the massage business is to be carried on, for the purposes of assuring
that such premises comply with all the sanitation requirements as set
forth in the ordinance and with the regulations of public health, safety,
welfare.
Before any permit shall issue under this article, the police chief
shall first sign his approval of the application.
Section 15-98. Issuance or denial of massage business permit. The
City Secretary shall issue a massage business permit within 45 days of
receipt of the application unless the police Chief finds that: -
(a) The correct permit fee has not been tendered to the city. and,
in the case of a check or banlt. draft, honored with payment upon pre-
sentation;
(b) The operation, as proposed by the applicant, if permitted,
would not comply with all applicable laws. including, but not limited
to, the city1s building, zoning, and health regulations;
(c) The applicant. if an individual; or any of the stockholders
holding more than 10 percent of the stock of the corporation, any of the
officers and directors, if the applicant is a corporation; or any of the
partners, including limited partners,. if the applicant is a partnership;
and the manager or other person principally in charge of the operation
of the business, have been convicted or any crime involving dishonesty,
fraud, or deceit, unless. such conviction occurred at least 5 years prior
to the date of the application;
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(4} The applicant has knowingly made any false., misleading.,
or fraudulent statement of fact in the permit application or in any
document required by the city in conjunction therewith;
(5) The applicant has had a massage business., masseur., or
other similar permit or license denied, revoked., or suspended
for any of the above causes by the city or any other state of local
agency within 5 years prior to the date of the application;
(6) The applicant, if an individual., or any of the officers and
directors, if the applicant is a corporation; or any of the partners.,
including limited partners., if the applicant is a partnership; and the
manager or other person principally in charge of the operation of the
business, is not over the age of 18 years; and
Section 15-99. Display of permits. The massage business permittee
shall display his permit, and that of each and every masseur employed
in the establishment., in an open and conspicuous place on the premises
of the massage business.
Section 15-100. Fee. The permit fee for a massage business shall be
$500 per year or any part thereof. The permit fee for masseurs shall
be $100 per year or any part thereof.
Section 15-101. Revocation or suspension of permit. Any massage
business or masseurts permit issued under this article shall be
subject to suspension or revocation by the police chief 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. The chief,
upon such revocation or suspension., shall state his reasons in writing,
specifying the particular grounds for such revocation or suspension.
Section 15-102. Keeping of records. Every person who operates a r;
massage business or practices or provides a massage shall at all
times keep an appointment booli: in which the name of each and every
patron shall be entered, together with the time., date and place of
service, and the service provided. Such appointment book shall be
available at all times for inspection by the police chief or his authorized
representatives.
Section 15-103. Transfers prohibited. No massage business and
masseur permits are transferable., separate or divisible., and such
authority as a permit confers shall be conferred only on the per-
mittee named therein.
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Section 15-104. Sanitation and safety requirements. All premises
used by permittees hereunder shall be periodically inspected by
the police chief, building official or health officer or their authorized
representatives for safety of the structure and adequacy of plumbing,
ventilation, heating, illumination and sanitary conditions. The-walls
shall be clean and painted with washable, mold-resistant paint in all
rooms where water or steam baths are given. Floors shall be free
from any accumulation of dust, dirt or refuse. All equipment used in
the massage operation shall be maintained in a clean and sanitary con-
dition. Towels, linen and items for personal use of operators and
patients shall be clean and freshly laundered. Towels, cloths, and
sheets shall not be used for more than one patron. Heavy, white paper
may be substituted for sheets provided that such paper is changed for
every patron. No massage service or practice shall be carried on with-
in any cubicle, room, booth, or any area within a massage establishment
which is fitted with a door capable of being locked. Nothing contained
herein shall be construed to eliminate other requirements of statute of
ordinance concerning the maintenance of premises, nor to preclude
authorized inspection thereof. The Health Officer is further :ne(:tuire-d:: 1
I to order an examination of all masseurs by a licensed physician at least
once each year, to determine that such masseurs are free of all com-
municable diseases.
Section 15-105. Supervision. A permittee shall have the premises
supervised at all times when open for business. Any business render-
ing massage services shall have 1 person who qualifies as a masseur
on the premises at all times while the establishment is open. The
permittee shall personally supervise the business, and shall not violate,
or permit others to violate, any applicable provision of this ordinance.
The violation of any such provision by any -agent or employee of the per-
mittee shall constitute a violation by the permittee.
Section 15-106. Dress of masseurs. Masseurs and masseuses shall be
suitably clothed when engaged in giving massages. Tops such as
blouses, shirts or T-shirts shall be worn, as well as lower garments
such as slacks, shorts or skirts.
Section 15-107. Persons under age 18 prohibited on the premises. No
person shall permit any person under the age of 18 years to come or
remain on the premises of any massage business establishment. as
masseur, employee, or patron, unless such person is on the premises
on lawful business.
Section 15-108. Massage by person of opposite sex. It shall be unlawful
for any masse1.!l' or masseuse to administer a massage to a person of
the opposite sex:
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Section 15-109. Alcoholic beverages prohibited, No person shall
sell, give, dispense, provide or keep or cause to be sold, given,
dispensed. provided or kept, any alcoholic beverage on the prem -
ises of any massage business.
Section 15-110, Exceptions. 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, ov::_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 out their particular pro-
fession or business and holding a valid, unrevoked license or certifi-
cate of registration issued by the state, nor to licensed physical
therapists or licensed athletic trainers.
Section 15-lll. Penalties. Any person, firm or corpora:tion violat-
ing any of the provisions of this ordinance shall be fined not less than
$10 nor more than $200 for each offense; and a separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
SECTION 2. TBA T should any section, paragraph, sentence, clause, phrase
or word of this Ordinance be declared unconstitutional or invalid for any reason.
the remainder of this Ordinance shall not be affected thereby.
SECTION 3. THAT the City Secretary is hereby authorized to cause publica-
tion of the descriptive caption of this Ordinance as an alternative method provided
by law.
AND IT IS SO ORDERED.
Passed by the Council on first reading this 23rd day of February , 1978.
Passed by the Council on second reading this_9_da~_M_a_r_c_h _______ ~ 197 8,
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ATTEST:
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