HomeMy WebLinkAbout2733-03/10/1975 a Str=973
Robert J . '4cCoy
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ORDINANCE NO.
AN ORDINANCE REGULATING MASSAGE ESTABLISHMENTS, MASSAGE TECHNICIANS,
AND PROHIBITING MASSAGE AT OTHER THAN MASSAGE ESTABLISHMENTS AND
PROVIDING PENALTIES FOR VIOLATIONS THEREOF.
BE IT ORDAINED by the City Council of the City of Waterloo, Iowa:
That an Ordinance regulating massage establishments, massage technicians and prohibiting
massage at other than massage establishments is hereby enacted, as follows:
Section 1. MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS - DEFINITIONS.
For the purposes of this ordinance, 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.
(1) Applicant. The term applicant means any person applying for a permit to
operate or conduct a massage business and in addition thereto shall include 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.
(2) Director. The term means the director of public health of the city or his
duly authorized representative.
(3) Massage establishment. The term massage establishment means any place of
business wherein any of the treatments, techniques, or method of treatment referred to in
subsection (4) are administered, practiced, used, given or applied.
(4) Massage or massage service. The term massage or massage service 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.
(5) Massage technician. The term massage technician means any person who engages
in the business of performing massage services on or for other persons by use of any or all
of the treatments, techniques or methods of treatment referred to in subsection (4) .
(6) "Person of good moral character" as used in this ordinance shall mean any
person who meets all of the following requirements.
a. He has such financial standing and good reputation as will satisfy the
issuing authority that he will comply with this ordinance and all laws,
ordinances, and regulations applicable to his operations under this ordinance.
b. He has not held a permit under this ordinance which has been revoked
during the year last preceding the date of application.
c. He has not been convicted of a felony involving moral turpitude. However,
if this conviction of a felony occurred more than five years before the date of
the application for a permit, and if his rights of citizenship have been restored
by the governor, the issuing authority may determine that he is a person of
good moral character notwithstanding such conviction.
(7) "Massage patron" The term "Massage Patron" means any person who receives,
or pays to receive, a massage or massage services from a massage technician for value.
Section 2. SAME - COMPLIANCE WITH ORDINANCE REQUIRED
No person, firm or corporation shall operate, own, conduct, carry on 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 offered in conjunction with or as part of any health club, health spa,
resort or health resort, gymnasium, athletic club, or other business, without compliance
with the provisions of this ordinance.
Massage establishments in operation on the effective date of this ordinance
shall have sixty days from said date to comply with the provisions and requirements of
Section 4, relating to massage establishment permits, and Section 9, relating to health
standards.
Section 3. SAME - EXEMPTIONS
The following persons and institutions are excluded from the operation of this
ordinance:
(1) Persons licensed by the State of Iowa under the provisions of Chapters 148,
148A, 148B, 150, 150A, 151, 152, 157 and 158 of the Iowa Code, when performing massage
therapy or massage services as a part of the profession or trade for which licensed.
(2) Persons performing massage therapy or massage services under the direct
supervision of a person licensed as described in subsection (1) hereinabove.
(3) Persons performing massage therapy or massage services upon a person pursuant
to the written instruction or order of a licensed physician.
-2-
(4) Nurses' aides, technicians, and attendants 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 under the supervision of the administrator thereof or of a person
licensed as described in subsection (1) hereinabove.
(5) An athletic coach or trainer,
a, in any accredited public or private secondary school, junior college,
college or university, or
b, employed by a professional or semi-professional athletic team or organization,
in the course of his employment as such coach or trainer.
Section 4. SAME - PERMITS FOR MASSAGE BUSINESS
(1) No person, firm or corporation shall operate, own, conduct, carry on 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 minimum standards set forth in Section
9 of this ordinance and unless a permit to operate a massage establishment is obtained from
the city in compliance with the provisions of this ordinance. The yearly permit fee shall
be $25.00.
(2) Application procedures. Any person, firm or corporation seeking a permit 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
determine if such applicant is of good moral character, The City Clerk shall also cause
an investigation to be made by the fire department, health department and building department
to determine that all requirements of this ordinance have been satisfied and that the
applicant has fully complied with all applicable ordinances and regulations relating to
buildings, zoning, fire and health,
(3) Application contents. The application shall contain the following:
a. The full name, address, and social security number of the applicant
b. The full name of the business and the address of the premises for which
the application is being made
C. The criminal record of the applicant, if any
d. A statement that the applicant is of good moral character
e. A statement that the contents of the application are true
f. Proof that the applicant is an adult
g. The type of business entity such as sole proprietorship, partnership or
corporation and, in the case of corporation, the names and addresses of all
officers and directors of the corporation
h. All information required herein of any applicant shall also be provided
for every person who, directly or indirectly, has any right to participate in
the management or control of the business to be conducted at the premises of
the proposed massage establishment
i. The name and address of the owner of the building where such massage
business will be located
j. Certified copies of any lease or rental agreements governing the applicant's
rights in said building
k. 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
(4) Issuance of permit. The building, fire, health and police departments shall
make written reports of their investigations and shall submit such reports to the City
Clerk within forty-five days of the date of the application, who shall place the matter
before the City Council. If the City Council finds that the applicant has fully complied
with all requirements of this ordinance and all applicable ordinances and codes regulating
fire, buildings, health and zoning, and that the applicant is of good moral character,
the City Council shall authorize the issuance of a permit to conduct a massage business
at the location designated in the application. Said permit shall expire one year from the
date of issuance.
(5) Separate permit for each place of business. Each massage business shall
have a separate permit for each place of business, which shall be valid only for the business
conducted at that location.
(6) Permit to be displayed. Each massage business shall display its permit
conspicuously in the lobby or waiting room area where such permit may be readily observed
by all persons entering such premises.
(7) Sale or Transfer. No massage establishment permit shall be sold or
transferred. The purchaser or purchasers of any massage business or of the majority of the
stock of any corporation operating a massage business shall obtain a new permit before
operating such business at the location for which the permit has been issued.
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Section 5. SAME - SUSPENSION OR REVOCATION OF PERMIT
(1) Grounds. The massage establishment permit of any such permittee may be
suspended or revoked for violation of the provisions of this ordinance, or for failure to
comply with applicable fire regulations, building regulations, or health ordinances, or
for permitting massage technicians, who are either employed by the permittee or who are
allowed by the permittee to perform the services or work of a massage technician upon the
premises of the permittee, to violate the provisions of this ordinance.
(2) In the event the city is apprised of information indicating that grounds
for suspension or revocation of a massage establishment permit may exist, an investigation
of such grounds shall be made by the appropriate city department or departments and shall
advise the City Council in writing of the results of the investigation. If the City
Council determines that the report reveals the probable existence of grounds for
suspension or revocation, it shall direct written notice by ordinary mail to the permittee
named on the application at the massage establishment address informing such person of its
intention to hold a public hearing on the question of whether such permit should be
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,
a. If the determination is the first such for that permittee, it may suspend
the permit for up to one month, and thereupon such permittee shall cease.
massage business at that location or at any other location for the period of
suspension;
b. If the determination is the second such for that permittee, it may revoke the
permit at that location, and no massage establishment permit shall issue nor
shall such business be conducted at that location for a period of one year,
nor shall the permittee be permitted to conduct such business in the city for
that period.
Section 6. SAME - MASSAGE TECHNICIAN PERMIT
(1) Permit required. No person shall perform the services or work of a massage
technician at a massage establishment without first securing a massage technician permit
from the City Clerk. The yearly permit fee shall be $25.00.
(2) Application procedures. Any person seeking a massage technician permit shall
apply to the City Clerk. The City Clerk shall cause an investigation of such applicant by
the police department to determine if such person is of good moral character.
(3) Application contents. The application shall contain the following information:
. The full name, address, age and social security number of the applicant
b. The criminal record of the applicant, if any
c. A statement that the applicant is of good moral character
d. Proof that the applicant is an adult
e. A list of all training in massage that the applicant has received
f. A statement that the contents of the application are true
g. A certificate issued by a licensed physician stating that the applicant
is free from communicable diseases and venereal diseases such as syphilis and
gonorrhea, executed within one week preceding the date of the application
(4) Issuance of the permit. The police department shall make a written report
of its investigation to the City Clerk within thirty days of the date of the application.
The City Clerk may, upon presentation of the certificate described in subsection (3) g
hereinabove, issue a temporary massage technician permit to the applicant if the application
is otherwise proper and pending receipt of the written police report. Upon receipt of the
police report and the certificate, the City Clerk shall place the matter before the City
Council. If the City Council finds that the applicant has fully complied with all
requirements of this ordinance, and that the applicant is of good moral character, the
City Council shall authorize the issuance of a permanent massage technician permit to the
applicant. The permit shall expire one year from the date of issuance.
(5) Permit to be kept at place of employment. All massage technicians having
permits issued pursuant to this ordinance shall keep said permits at their place of
employment as massage technicians.
Section 7. SAME - SUSPENSION OR REVOCATION OF MASSAGE TECHNICIAN PERMITS
(1) Grounds for suspension. The massage technician permit of each massage
technician may be suspended or revoked for any violation of this ordinance.
(2) Suspension procedures. The city may, upon receipt of information alleging that
grounds exist to suspend or revoke the massage technician permit of any permit holder under
this ordinance, report the circumstances to the City Council, which shall in such case cause
a notice to be sent by ordinary mail to the permittee which notice shall state that a
suspension or revocation hearing has been set before the City Council, the grounds for the
proposed suspension or revocation, the date and time of the hearing and the place where the
hearing will be conducted. Upon said hearing, if the City Council shall determine that
such grounds do exist, it may suspend or revoke the permit. In the event such permit is
revoked, no massage technician permit shall issue to that permittee for a period of one year.
-4-
Section 8. SAME - HOME MASSAGE TREATMENTS
Massages may be administered in the patron's home by any massage technician
having a permit issued in accordance with this ordinance provided massages 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 shalladminister any massage services at a
location which does not conform to or comply with the standards set forth in Section 9 of
this ordinance, except as set forth in this section.
Section 9. SAME - HEALTH STANDARDS
(1) No massage establishment shall be established, maintained or operated in the
city that does not conform to or comply with the following standards:
a. Each room or enclosure where massage services are performed on patrons
shall be provided with a minimum of four foot candles as measured four feet
above the floor.
b. The premises shall have adequate equipment for disinfecting and cleaning
non-disposable instruments and materials used in administering massage services.
Such materials and instruments shall be cleaned after each use.
C. Hot and cold running water shall be provided at all times.
d. 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 or cabinets, which containers or
cabinets shall be kept separate from clean storage cabinets.
e. Clean linen and towels shall be provided for each massage patron. No common
use of towels or linens shall be permitted.
f. All massage tables, bathtubs, shower stalls, sauna baths, steam or bath areas
and all floors shall have surfaces which may be readily cleaned.
g. Oils, creams, lotions or other preparations used in administering massages
shall be kept in clean containers or cabinets.
h. 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 mail and female patrons are to be served
simultaneously, separate bathing, dressing, locker, toilet and massage
room facilities shall be provided.
i. 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 compartments, and toilet rooms shall be
thoroughly cleaned each day the business is in operation. Bathtubs and showers
shall be thoroughly cleaned after each use.
j . 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.
k. 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.
1. No person shall consume food or beverages in massage work areas.
M. Animals, except for seeing-eye dogs, shall not be permitted in massage
establishments.
n. All massage establishments shall continuously comply with all applicable
building, fire or health ordinances and regulations.
(2) No massage technician shall administer a massage:
a. If said massage technician believes, knows, or should know that he or she
is not free of any contagious or communicable disease or infection.
b. 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.
C. To any person who is not free of communicable disease or infection or whom
the massage technician believes or has reason to believe is not free of
communicable disease or infection.
Section 10. SAME - UNLAWFUL ACTS
(1) No massage patron receiving a massage shall caress or fondle the massage
technician administering the massage.
(2) No massage technician shall masturbate or fondle the genital area of a
massage patron.
(3) No massage technician shall administer a massage to a massage patron unless
such technician's sexual and genital body parts are completely covered by opaque clothing.
I
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(4) No massages shall be administered to massage patrons of different sexes
in the same room or enclosure at the same time.
(5) 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 permit issued in accordance with this ordinance, except
in accordance with Section 8 of this ordinance.
(6) No massage establishment permit holder shall allow or knowingly permit
massage technicians in his employ to administer massage services to a massage patron at any
location other than a massage establishment covered by a permit issued in accordance with
this ordinance, except in accordance with Section 8 of this ordinance.
Section 11. SAME - PENALTIES FOR VIOLATIONS
It is hereby declared unlawful for any person to perform the service or work of
giving a massage to another person except in compliance with the provisions of this
Ordinance and any person, firm, or corporation violating any section of this Ordinance
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished
accordingly.
Section 12. SAME - FORCE AND EFFECT
(1) If any section, subsection, sentence, clause or phrase of this ordinance,
for any reason, is held to be unconstitutional and invalid, such decision shall not effect
the validity of the remaining portions of this ordinance. The City Council hereby declares
that it would have passed this ordinance, and each section, subsection, sentence, clause
or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases may be declared unconstitutional or invalid.
(2) This ordinance shall be in full force and effect from and after its passage
and publication as provided by law. �/
Passed and adopted this IA4?A day of 1975.
Mayor
ATTEST:
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City Clerk
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