Loading...
1974-005AN ORDINatE REGULATING MASMAGE ESTABLISHMENTS IN THE CITY OF DENTON, DEFINING TERMS, REQUIRING A LICENSE FOR THE OPERATION OF SAID ~STABLiSHMENTS, REQUIRING THE DISPLAY OF SAME, PR~- SCRIBIN~ THE APPLICATION PROCEDURE THEREFOR, REQUIRING ME ICAL CERTIFIC~ATES OF LICENSEES AND EMPLOYEES, PRESCRIBING LICENSE FEES, P~0VIDING THE CONDITIONS FOR REVOCATION OR SUSPENSION OF A LICENSE AND THE PROCEDURE FOR APPEAL THEREFROM, PRESCRIBING THE STANdaRDS ,~F~ OPEP~TION~ OF MASSAGE ESTABLISHMENTS, INCLUD- IND THE ~%NNER OF DRESS OF MASSEURS AND PATRONS, REQUIRING SEPARA,.,%~ FACILITIES FOR THE TWO SE~S, PRESCRIBING THE AREAS AND LAWS OF OPERATION, AND PR0~IBITING CERTAIN ACTS, PROVIDING FOR INS~ECTION OF SAID ESTABLISHMENTS, REQUIRING RECORDS OF EMPLOYE~S, PRESCRIBING CERTAIN SANITARY REQUIREMENTS, PROVID- ING FOR tTHE REGISTRATION OF PATRONS AND THE POSTING OF TYPES OF SERVICE AND THE CHARGES THEREFOR, PROVIDING A SEVEKABILITY CLAUSE, IPRESCRIBING A PENALTY FOR VIOLATIONS HEREOF, PROVIDING FOR PUBLICATION, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS ThAt Chapter 13 of the Code of Ordinances of the City of Denton, Texas, is hereby amended by the addition thereto of a new Article IZI, Section 13-25 through Section 13-42 entitled "Massage Establishments", which shall hereafter be and read aslfollows 'kRTICLE I Massage Establishments Sec 13-25 Definitions For the purpose of this Article the followingtwoDds and phrases shall have the meanings respectively ascribed to them by this sectzon Chief ofl~olice The Chief of Police of the City or his duly ~ authorized representative Health Officer The Health Officer of the City, or his duly authorized representative Ma~sa~e Any act or process of kneading, rubbing, stroking or other such touching or otherwise manipulating th~ skin of the body of a human being either with the hands or,any other part of the hu~mn body, or through the ~se of any mechanical devices, electrical instruments, or other apparatus The term "massage" as used in this chapter shall not include kneading, rubbing, stroking or other such touch- ing as above defined by duly licensed medical doctors, doctors of osteopathy, chiropractors or registered physical therapists orI registered nurses or licensed vocatzonal nurses at the di- restion or under the prescription of a medical doctor or doctor ofI osteopathy when such treatment is administered or prescribed zn, the professional course of treatment of a patient for a bo~a fide medical or mental infirmity The term "massage" shall noir include massage authorized by the State of Texas in estab- li,sh~ents licensed by She State of Texas as beauty shops and barber shops staffed~by licensed barbers and beauticians, nor ii, tensed athletic trainers employed by Educational Institutions Mas[sa~e Establishment Any building, room, place or estab- lishment, other than a regularly ltoensed hospital, where manipulated massage or manipulated ex~rcise are practiced upon the human body by anyone not a duly licensed medical doctor, doctor of osteopathy, chiro- practor, or a registered nurse or licensed vocational nurse acting at the direction of a doctor, whether w[th or without the use of mechanical, therapeutic or bathing devices, and shall include Turkish bathhouses This term shall not in- elude duly licensed beauty parlors or barbershops or a place wherein registered physical therapists treat only patients recommended by a licensed physician and operate only under such physician's direction or prescription, or athletic trazn- lng rooms provided to treat physical conditions of athletic teams representing re¢og~ized Educational Institutions Cr~me of Moral Tur~itude Any of the crimes of theft, forni- cation, sodomy, procuring, pander- ing, keeping a bawdy house, keeping an assignatzon house, en- gaging in prostitution or assignation, or any other crzme generally held under the law to constitute a crime of moral turpitude Masseur Any person, of either the male or female sex, who shall administer a massage, as such term is herein defined Such term shall include also,for the purpose of this chapter, a masseuse Prohibited Body Areas Prohibited Body Areas are defined as including all genital organs, sex organs and private parts of the h%unan body and shall include, bu~ not be limited to, the male and female genital areas, fe- male breasts, and the area of the human buttocks Sec 13-26 License Required It shall be unlawful for any person =o operate a massage establishment without first having ob- tained a license therefor from the City Secretary in accordance with the provisions of this Article, or to operate a massage estab- lishment after such license has been revoked, or during a period for which such license has been suspended Such license shall be issued only upon the payment of the fee specified in Section 13-30 hereof and upon the approval in writing of the health officer and of the Chief of police and upon the zssuance of a certification of occupancy from the building official Such license shall expire on the 31st day of December of each year Se6 13-27 License Display The license required by this Article shall be posted and kept in some conspicuous place in the massaEelestablishment Sec 13-28 License Investigation of Applicant After an application has been made for issuance of an original license or a -2- renewal of an existing license to operate a massage establishment as defined herein, the chief of police, as the principal enforce- ment officer of this Article, shall determzne whether the appli- cant has been finally convicted in any court of a crzme of moral turpitude, or whether such establishment employs any person who has beeR finally convicted in any court of a crzme of moral tur- pitude Sec 13-29 License-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 chief of police and the 'health officer the names and addresses of all employees of the massage establishment for which a license is sought, and all such employees shall be required to secure from the health officer a medical certificate certifying that such employee has been ex- amined and that such examination discloses the fact that such per- son, employed or to be employed by such establishment, ~s free from any infectious or co~[~unicable disease Each such medical certi- ficate Shall be renewed quarterly by the health offzcer SeC 13-30 License Fee, Refund The annual license fee shall be Twenty-Five ($25 00) Dollars for each such establishment If the license is obtained between January first and June thirtieth of any year, the full amount of such fee shall be paid If such llcense is obtained between July first and December thirty-first of any year, the fee shall be one-half of such amount No refund of license fees shall be made Sec 13-31 License Refusal to Issue or Renew The chzef of police shall refuse to approve the issuance or renewal of any lic- ense required by this Article to any applicant who has been finally convicted in any court of a crime of moral turpitude, as herein de- fined, or, to any applicant who employs in such establishment any person who has been finally convicted of a crime of moral turpitude -3- Sec 13-32 License ~mvocation or Suspension (1) The chief of police shall revoke any license issued under this Article should the holder of such license or the owner, operator, manager, employee or patron of any massage parlor or massage estab- lishment in the City, do or comit any of the following acts or fazl to comply with or meet any of the following requirements imposed by thms Article (a) Prior or subsequent final conv~ction in any court of the offense of theft, sodomy, procuring, pandering, keeping a bawdy house, engaging in prostitution or other offense involving moral turpitude (b) The occurrence at the massage premises of any act or con- duct prescribed by this Article, including, but not limited to, the provisions of Sectzon 13-34 hereof (c) Massage of prohibited body areas (d) Failure to furnish current medical certificates as re- quired by this Article (e) Failure to maintain a correct patron registration ledger as required by this Article (f) Permitting a patron to give false registration information as required by this Article (g) Violation of the hours of operation as set forth zn this Article (h) Prohibiting entrance to the chzef of police or his desig- nated representative for the purpose of znspection of the licensed premises or the books or records required to be kept by this Article (i) Failure to furnish for inspection as required by this Article the books or records so required (j) Failure to register a patron as required by this Article (k) Failure to verify the information furnished by a patron at a time of his registration as required by this Article (1) The performance of any massage procedure, service or treat- ment, or the asking or collectmng of a charge for same, other than that ~osted, described and set forth as required by Section 13 40 of this Article Violation of any of the sanitary requirements set forth in Section 13-38 of this Article (n) Failure to post services as required by Section 13-40 of this Article (2,) A license issued pursuant to th~s Article shall be suspended for a 91eriod of not less than thirty (30) days nor more than ninety (90) days uplon final conviction in any court of the holder of such license for the operation of the massage establishment in violation of any -4- statutelof this state, or any provision of this code or other ordinance of the City (3)' Any license issued pursuant to this Article shall be suspended for a period of ninety (90) days upon the final con- viction in any court of any employee of such massage establish- ment of a crime of moral turpitude, or a violation of any pro- vision ~f this Article (4) Written notice of such revocation or suspension and the reasons therefor shall be given by the chief of police to the holder of such license at the holder's last known business address Se9 13-33 License Appeal from Refusal to Grant or Renew, from De6ision to Revoke or Suspend 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, or revokes or suspends the license issued to any license holder under this Article, this action shall be final unless the license holder shall, within ten (10) days after the receipt of written notice of such action, file with the Czty Manager a written appeal The City mana§er shall, within ten (10) days after the appeal is filed, consider all the evidence in supportlof or against the action appealed, and render a decision either sustaining or reversing the action If the City Manager sus- tains the action, the applicant or license holder may, within ten (10) days of that decision file a written appeal with the City Secretary to the City Co~mcil Such written appeal shall set forth the specific grounds therefor The City Council shall, within thirty (30) days, grant a hearin§ thereon to consider the action, at which hearlng~the City Council may make such investzEation as it may see fzt The City Council shall have authority to sustain, reverse or modify the action appealed Such deciszon of the City Council shall be fznal Sec 13-34 Standards of Operation Following are the stan- dards f~r operation of any ~assaEe establishment It shall be un- lawful for any license holder, owner, operator or manager of a massage I establishment to do or commit any of the following prohibited acts or,fail to comply with the following standards, or knowingly permit any employee so to do It shall further be umlawful for any employee lot patron of a r~ssage establishment to do or commit any of the following prohibited acts or fa~l to comply with the follow- ing standards, where herein imposed upon them (1) A masseur shall at all times while either (1) administering a massage or (2) in the presence of any patron, Be clothed from the shoulders to the ~nees (2) A patron shall, at all times during massage or wh~le in the presence of a masseur, wear clothing over all the prohibited Body areas, as such term is herein defined, other than the Breasts (3) A massage establishment, if open to patrons of both the male and female sex. shall be divided into separate dressing and massage areas for the separate and exclusive use of male and female patrons, res- pectively Such areas shall be divided by wall par- titions not less than eight (8) feet in height, and patrons of one sex shall not be admitted to massage or dressing areas designated for the opposite sex (4) Massages shall be administered only in open areas or in rooms or cubicles, separated from the means of iz~nediate access thereby by not more than partial doors, which shall remain unlocked, and which shall not occupy any portion of the door opening less than two and one-half (2 1/2) feet nor more than five and one-half (5 1/2) feet above the floor level (5) No massage establishment shall be kept open for any purpose Between the hours of 10 00 P M and 6 00 A M (6) No massage establishment shall be operated as con- ducted in connection, either directly or indirectly with any place used for living or sleeping quarters Sec 13-35 Inspection of Massage Establishments, Examination of Employees (1) The health officer shall be authorized to make or cause to be made inspections to determine the condition of any massage establishment in order to safeguard the health, safety, and welfare as are necessary to deter- mine whether employees of the massage establishment are infected with any infectious diseases (2) The chief of police shall be authorized to make or cause to be made inspections of any massage establishment to determine or insure compliance with the provisions of this chapter during the hours of operation of said estab- lishment (3) If, in the opinion of the health officer or the chief of police, there is probable cause to enter a massage estab- lishment for the purpose of making znspections and exami- nations pursuant to this Article, he shall request the owner or occupant thereof to grant permission for such entry, and if refused he shall make application to a magistrate for a search warrant, showzng sazd magistrate why such search warrant should be issued for the purpose herein -6- (4) No person shall be accorm~odated as a patron within a massage establishment when to the knowledge of the ~owner, person in control, or an employee, such person ~ts suffering from a co~znunicable disease Sec 13-39 Registration of Patrons In order to minimize the spread of infectious or communicable disease, the holder of a license issued under this Article shall maintain a complete written daily register listing the name and address of each patron as given by such patron an~ as verified from personal identification papers of such patron A current driver's license containing descriptive information consistent with the physical characteristics of such patron shall be deemed, for the purposes hereof, satisfactory personal identification in verifi6ation of the name and address of the patron It shall be un- lawful for any patron to give false identification as to name or add- ress and it shall further be unlawful for the licensee or his employees to knowingly permit a patron to give a false name or address Such daily register shall be kept and maintained at the licensed establish- ment and shall be made available to the chief of police or his desig- nated representative for inspection upon request at any time during the hours of operation of such establishment Sec 13-40, Public Notice and Posting of Servzces Performed and Charges Therefor A licensee tmder this Article shall cause at all times to be prominently and publicly posted, in writing and numbers of a size of not less than one (1) inch, a detailed list of the vari- ous massage procedures, treatment and services performed in said massage establishment and the respective charge or cost therefor A copy of such list of services performed and the charges or cost there- of shall be furnished to the chief of police, at the time of applica- tlon for ~tcanse and thereafter at the time of any change in such ser- vices or ,charges therefor, if any such change be made Sec , 13-41 Penalties The ~iolation of any pro%H_sion of this ordinance relating to the operation of a massage establishment shall be deemed an offense and punishable by find not exceeding Two Hundred ($200 00) Dollars, and -7- each violation thereof shall be and is hereby deemed to be a dis- tinct and separate offense and punishable as such Sec 13-42 Duties of the Legal Officer The City Attorney shall upon proper complaint, and upon satis- faction to him that a violation of the provisions of thzs Article zs being~ committed in a manner above descrzbed so as to constitute a nuzsance, may institute appropriate action to restrazn, prevent, enjoin, abate, correct or remove such nuzsance and to take such other legal action as he deems necessary to carry out the intent of this ordinance The remedies provided for herein shall be cumulative and not exclusive and shall be in addztion to any other remedies pro- vzded by law, any and all remedies may be pursued concurrently or consecutively, and the pursuit of any remedy shall not be construed as an ellection or the waivsr of the right to pursue any or all of the others" PART II That if any section, subsection, paragraph, sentence, clause, phrase or word zn this ordinance, or application thereof to any per- son or 6ircumstances is held invalid by any court of competent Juris- diction, such holding shall not affect the validity of the remalning portions of this ordinance and the City Council of the City of Denton, Texas hpreby declares it would have enacted such remazning portions despite lany such invalidity PART III That this ordinance shall become effective ten (10) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published in the Denton Record-~hronicle within ten (10) days of the date of its passaFe PASSED AND APPROVED this~ day of ~__, A D 1974 CITY OF DENTON, TEXAS