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HomeMy WebLinkAbout79-2371 ordORDINANCE NO. 79-2371 AN ORDINANCE PROVIDING FOR THE REGULATION OF THE BUSINESS OF M~ASSAGE ESTABLISHMENTS WITHIN THE CITY OF PLAINVIEW; PROVIDING FOR A SEVE~ABILITY CLAUSE; PROVIDING. FOR PENALTY AND PROVIDING FOR PASSAGE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: MASSAGE ES'~LiS~4ENTS SECTION 1: Definitions and exceptions (a) For the purposes of this article the following words and phrases shall have the meaning respectively ascribed to them by this section: (1) Massage shall mean and include any process con- sisting in kneading, rubbing or otherwise manip- ulating the skin of the body of a human being, either with the hand ,or by means of electrical instruments or apparatus, or other special apparatus. (2) Massage establishments shall mean any building, room, place or establishment other than regularly licensed hospital where manipulated massage or manipulated exercises are practiced upon the human body by anyone not a duly licensed physician, whether with or without use of mechanical, thera- peutic or bathing devices, and shall include Turkish bathhouses. (b) This article shall not apply to the following: (1) (2) A licensed physical therapist, a licensed athletic trainer, a licensed cosmetologist, or a licensed barber performing functions authOrized under the license held, a licensed physician or chiropractor, or any individual working under the direct super- vision of a licensed physician or chiropractor, while engaged in practicing the healing arts. The administration of massage for therapeutic purposes in a hospital, nursing home or other health care facility. (3) A massage establishment operated by a nonprofit corporation; provided that such massage establish- ment is not the sole or.principal activity of the nonprofit corporation. SECTI'ON 2: License -- Required It shall be unlawful for any person to operate a massage establishment without first having obtained a license therefor from the city secretary, in accordance with the provisions of this article, and paying the fee provided for in Section 6. Such licenses shall only be issued upon the approval in writing of the director of public health and the chief of police, and a certificate of occupancy from the building inspector. SECTION 3: Display The license required by this article shall be exhibited at all times in such establishments. SECTION 4: Investigation of Applicant After an application has been made for an original license or a renewal of an existing license to operate a massage estab- lishment as defined herein, the chief of police shall cause an investigation to be made of the applicant's character and whether or not the applicant has been convicted of any crime involving moral turpitude in any state, municipal or federal court, or whether the applicant is a person of unfit character, or whether the holder of a license for such an establishment, or any employee of such establishment committed any lewd, indecent or other act contrary to common decency during the last licensing period, or such an establishment employs any person convicted of any crime involving moral turpitude in any state, municipal or federal court~ or whether such an establishment employs a woman who has been convicted of prostitution~ or whO~is a knQwn prostitute~ ~-~ ~ ~ -~ ,. SECTION 5: Applicant to furnish names of employees; medical certificates for employees At the time of making application for the license required by this article, the applicant shall furnish to the health depart- ment of the city the names and addresses of all employees of massage establishments and all such employees of massage estab- lishments shall be required to secure from the health department a medical certificate certifying that such employee has been examined and that such examination discloses the fact that such person employed, or to be employed by such establishment, is free from any infectious or communicable disease. Such medical certif- icate shall be reneWed annually by tlhe director of public health. SECTI~ON 6: - Fee; refund The annual license fee shall be one hundred dollars ($100.00) for each such establishment. If the license is obtained between January first and June 30th of any year, the full amount of such fees shall be paid. If such license is obtained between July first and December 3'~st of any year, the fee shall be one-half of such amount. No refund shall ever be made of any such license fees. SECTION 7: ~ Refusal to issue or renew The chief of police shall refuse to approve the issuance or renewal of any license required by this article to any applicant who has been convicted of any crime involving moral turpitude in any state, municipal or federal court~ or where the applicant is a person of unfit character, or where the hOlder of a license for such an establishment or any employee of such an establishment comm~itted any lewd, indecent or other act contrary to common decency during the last licensing period; or where any such establishment employs any person convicted of any crime involv- ing moral turpitude in any state, municipal or federal court, or which employs a woman who has been convicted of prostitution, or who is a known prostitute. SECTI~ON 8: Appeal from refusal to grant or renew In the event the chief of police shall refuse to approve the issuance of an original license or the reneWal of a license to any applicant in this article, the action of the chief of police shall be final unless the applicant shall, within ten days after the refusal to approve the issuance of or the renewal of a license, file a written appeal with the city secretary, addressed to the city counoil, · requesting a hearing by the city upon the question as to whether or not his application shall be granted. In the event such appeal is filed, the chief of police shall Provide the city council with a record of all proceed- ings theretofore had with reference to the application in question, including the written application, together with the action of the chief of police and the reasons for such action. The city council shall, within thirty days, grant a hearing thereon to determine the correctness of the action of the chief of police~ at which hearing the city ~puncii ~ may make such investigation as it may see fit~ whether all the pertinent facts appear in the application or not, and the city commission shall determine whether or not such license shall be granted or refused, and such action as the city council shall take thereon shall be final and conclusive. SECTION 9: -- Revocation Any license issued by the city secretary of the City of Plainview, after approval in writing by the director of public health and the chief of police, pursuant to this article, may be suspended or revoked by the chief of police when it shall appear that the business of the person to whom such permit was issued has been conducted in a disorderly or improper manner, or in violation of any statute of the state, any pro- vision of this Code or other ordinance of the city, or that the person conducting such business is of unfit character to co~duct same, or that the purposes for which such license has been issued is being abused, to the detriment of the public, or that the license is being used for a purpose different from that for which it was issued to the license holder. Such notice of revocation shall be given by the chief of police in writing and shall be addressed to the license holder's last known busi- ness address. SECTION 10- Appeal from decision to revoke In the event the chief of police revokes the license issued to any license holder under this article, the action of the chief of police shall be final unless the license holder shall, within ten days after the receipt of written notice of such revOcation~ file a written appeal with the city secretary ad- dressed to the city council requesting a hearing by the council ~ upon the question as to whether or not such license should have been revoked. In the event such appeal is filed, the chief of police shall provide the city council with a record of all the pro- ceedings theretofore had with reference~to the revocation of the license in question, together with the action of the chief of police and the reasons for such action. The city ~-council shall~ within thirty days, grant a hearing thereon to determine the correctness of the action of the chief of police, at which hearing the city .council may make such investigation as it may see fit, and the city council ~ shall determine whether or not the action of the chief of police shOuld be ratified and confined, or should be set aside, and should such decision of the city 'council ~ after such hearing, shall be final and conclusive as to all parties. SECTION 11: Hours of operationl; living, etc., quarters therein prohibited No massage establishment shall be kept open for any purpose between the hours of 10:00 p.m, and 8:00 a.m., and no such establishment shall be operated or conducted in connection with any place used for living or sleeping quarters~ SECTION 12: Right of inspection, interference with inspectors The officers of the police and health departments of the city are hereby authorized and empowered to enter, for the purpose of inspection, and to inspect at any time massage establishments in the city, for the preservation of law and order and decency and further empowered tot at any time, make such examinations through the licensed physicians lof the department of health of the city as are necessary to determine whether or not such employees are infected with any infectious disease. It shall be grounds for the revocation of licenses issued under this article to interfere with the inspection of such premises. SECTION 13: Employing prostitutes prohibited It shall be unlawful for any person operating such an establist%ment to employ a known prostitute in-any capacity therein. SECTION 14: Employing homosexuals prohibited It shall be unlawful for any pelrson operating such an es- tabliskment to employ a known homosexual in any capacity ther'ein. SECTION 15: List of employees The manager or person in charge of massage establishments shall keep a list of the names and addresses of all employees, both on duty and off duty, and such list shall be shown to all proper authorities of the police and health departments upon request. SECTION 16: Operation in residential area prohibited It shall be unlawful for any massage establishment to be operated in any section of the city which is zoned for resi- dential purposes. SECTION 17: Sanitary requirements It shall be the duty of every person conducting or operating a massage establishment to keep the same at all times in a clean and sanitary condition. All instruments and mechanical, thera- peutic, and bathing devices, or parts thereof, that come into contact with the human body~ shall be sterilized by a modern and approved method of sterilization before initial use, and any such instr'uments and devices, or parts thereof, after having been used upon one patron shall be sterilized before being used on another. All towels and linens furnished for use of one patron shall not be furnished for use of another until thoroughly laundered. SECTION 18: Administering massage to person of opposite sex It shall be unlawful for any person to administer a massage in any massage establishment to any person of the opposite sex; provided however~ that this section shall not apply to a licensed chiropractor~ nor shall it apply to any registered physical therapists or registered nurse operating under the direction of a physician. SECTION 19: Disorderly Licenses or employees of massage establishments who commit any lewd, immoral or indecent act will be charged with the offense of disorderly conduct. SECTION 20: That if any provision of this ordinance or the application thereof to any person or circumstance shall be held invalid such invalidity shall not affect the provision or application of this ordinance which can be given effect without the invalid pro- vision of application, and to this end the provisions of this ordinance are declared to be severable° SECTION 21: That any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a mis- demeanor and upon conviction thereof' shall be punished by a fine of not more than Two Hundred Dollars ($200.00). Each such vi°lation~ which shall continue or be permitted to continue shall be!deemed a separate offense. ., ATT'W. ST: ~ City Secr~ry ~Mayo~, Citer 6f- Pt~view ~ APPROVED:// ~