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1980L17- REGULATING THE MASSAGE BUSINESS QRDINANCE NO. ,^o-I--/1 8N ORDINANCE REGULATING THE MASSAGE BUSINESS, MASSEURS AND HEALTH SPAS, PROVIDING FOR PERMITS; ESTABLISHING HEALTH AND SANITATION REQUIREMENTS; ESTABLISHING HOURS OF OPERATION; PROVIDING FOR A PENALTY FOR ANY VIOLATION BY FINE OF NOT MORE THAN $200.00 AND BY SUSPENSION OR REVOCATION OF ESTABLISHMENT'S OPERATING PERMIT; AND PRO- VIDING FOR SEVERABILITY aE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: 1. Definitions. Unless the particular provision or the context other- ~ise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article. a. Employee means any person over eighteen (18) years of age, 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. b. Massage means any method of treating the super- ficial parts of a patron for medical, hygienic, exercise, or relaxation purposes by rubbing, stroking, kneading, tap- ping, pounding ,vibrati ng, or stimul aUng wi th the hands, feet or any instrument. c. Masseur means any person who engages in the prac- tice of massage as herein defined. The use of the masculine gender in this article shall include in all cases the feminine gender as well. d. Patron means any person oyer eighteen (l8) years ~ Q massage business permit issued by the city pursuant to the provisions of this article for each and every separate office or place of business conducted by such person. b. Masseur's permit required. No person shall prac- tice massage as a masseur, employee or otherwise, unless he has a valid and subsisting masseur's permit issued to him by the city pursuant to the provisions of this article. 3. Application for massage business permit. Any person desiring a massage business permit shall file a written application with the police chief on a form to be furnished 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, partnership, 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 conducted; 4. A complete list of the names and residence ad- dresses 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 ten (10) per- cent of the stock of the corporation, each offi- cer and each director, if the applicant is a corporation; and concerning the partners, in- cluding limited partners, if the applicant is a partnership; and the holder of any lien, of any nature, upon the business and/or the equip- ment used therein; and concerning the manager or other person principally in charge of the operation of the business: v ~ d. Height, weight, color of hair and eyes, and sex, e. Two (2) front-face portrait photographs taken within thirty (30) days of the date of the application and at least two (2) by two (2) inche s in size. f. The massage or similar business history and experience ten (10) years prior to the date of application, 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 activi- ties or occupations subsequent to such action of denial, suspension or revocation. g. All criminal arrests other than mi.sdemeanor traffic violations, fully disclosing the jurisdiction in which arrested and the of- fense for which arrested and the disposition thereof. h. 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 physi- cal examination of the person as shall be deemed necessary by the police chief to discover the truth of the matters 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 (3) adult resi- dents 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 pen- alty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the city. 4. Application for masseur's permit. Any person desiring a masseur's permit shall file a ,.__....~__ __~....'l... ....L_ __1':__ _\...:-.&................ &.....~ t-" hL'> ~t,,..._ \ . '. 2. The following personal information concerning the applicant: a. Name, complete residence address and resi- dence telephone numbers; b. The two (2) previous addresses immediately prior to the present address of the applicant; c. Written proof of age; d. Height, weight, color of hair and eyes, and sex; e. Two (2) front-face portrait photographs taken within thirty (30) days of the date of application and at least two (2) inches by two (2) inches in size; f. The massage or similar business history and experience ten (10) years prior to the date of application, 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 activi- ties or occupations subsequent to such action of denial, suspension or revocation; g. All criminal arrests other than misdemeanor traffic violations, fully disclosing the jurisdiction in which arrested, and the offense for which arrested and the dispo- sition thereof; h. A complete set of fingerprints taken and to be retained on file by the police chief or his authorized representatives; i. A current valid health card issued by the San Antonio Metropolitan Health District. 3. Such other information, identification, and physical examination of the person deemed neces- sary 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. A certified photocopy and the applicant's grade record from an institution of higher learning accredited by the American Physical Therapy ...._ _cc__ A___.......... ~_,..,n,...Dmc ;n nhv~;r~l \ I ~j the city. 5. Approval by police chief. Upon receiving the application for a massage business or masseur's permit, the police chief shall conduct an investi- gation into the applicant's moral character and personal and W criminal history. The police chief may, 1ft his discretion, require a personal interview of the applicant, and such further information, 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 this article and with the regulations of public health, safety and welfare. Before any permit shall be issued under this article, the police chief shall first sign his approval of the appli- cation. 6. Issuance of massage business permit. The police chief shall issue a massage business permit within thirty (30) days of receipt of the application unless he finds that: a. The correct permit fee has not been tendered to the city, and, in the case of a check, or bank draft, honored with payment upon presenta- tion; b. The operation, as proposed by the applicant, if permitted, would not comply with all appli- cable laws, including, but not limited to, the city's building, zoning, and health regulations; c. The applicant, if an individual, or.a~y of the , . I \ \ I Q moral turpitude unless such conviction occurred at least five (5) years prior to the date of the application; d. 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; e. The applicant has had a massage business, mas- seur, or other similar permit or license denied, revoked, or suspended by the city or any other state or local agency within five (5) years prior to the date of the application; f. 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 partner- ship, and the manager or other person principally in charge of the operation of the business, is not over the age of eighteen (18) years. 7. Issuance of masseur's permit. The police chief shall issue a masseur's permit within fifteen (15) days of receipt of the application unless he finds that: a. The correct permit fee has not been tendered to the city, and, in the case of a check or bank draft, honored with payment upon presentation; b. The applicant has been convicted of a crime involving moral turpitude{ unless such conviction occurred at least five (5) years prior to the date of the application; c. The applicant has knowingly made any false, mis- leading, or fraudulent statement of fact in the permit application or in any document required by the city in conjunction therewith; d. The applicant has had a massage business, mas- seur, or other similar permit or license denied, or suspended by the city or any other state or local agency within five (5) years prior to the date of application. e. The applicant is not over the age of eighteen (18) years. 8. Display of permits. Tho mD~~"O" h"",;np",,, npTmittee shall display his per- , ! ~ (/ e hundred dollars ($IOO.OO) per year. The permit fee for mas- seurs shall be ten dollars ($10.00) per year. Both such permits shall expire one year from the date of issue. 10. Separate locations. Should any massage business have more than one loca- tion where the business of massage is pursued then a permit, stating both the address of the principal place of business and of the other location(s), shall be issued by the chief of police upon the tender of a permit fee of seventy-five dollars ($75.00). Permits issued for other locations shall terminate on the same date as that of the principal place of business, regardless of the date of issuance. II. Return of fee. No portion of any fee collected under this article shall be returned after a permit has been issued. 12. Massaging person of opposite sex. It shall be unlawful for any person in a massage establishment to massage any person of the opposite sex. It shall be a defense, however, to any person charged with violating this section that the person massaged was referred, in writing signed by a licensed physician, to that particular masseur, masseuse, or massage establishment for massage for medical purposes. 13. Suspension of permits. Any massage business or masseur's permit ~ssued under this article shall be subject to suspension for a.period not to exceed thirty (30) days for an initial violation of any of the following sections, namely: Paragraphs 12, 14 '- . - . ("I (j ~..._~:~, ~ revocation by the police chief. Notice of such suspension or revocation snall be given to the massage business or masseur's permit holder in writing, with the reason(s) for such suspension or revocation specified in such notice, served either by personal service of such notice upon the permit holder, or in the case of a massage business, by posting such notice upon the establishment. The suspension or revocation shall become effective the day following personal service or posting of the notice of sus- pension or revocation. The permittee shail have ten (10) days from the date of such suspension in which to file notice with the city clerk of his appeal to the city council from the order of the police chief. The city clerk shall provide for a council hearing on such appeal at the earliest convenient regular council meeting and shall notify the appellant and the police chief of the date of such council hearing. After holding hearing on such suspension or revocation, the council shall by majority vote either sustain the actions of the police chief or issue an order to the police chief to reinstate the permit. In the event of the filing of an appeal from a sus- pension or revocation issued under the provisions of this article, then, until such appeal has been determined by the city council, such suspension order shall be stayed. If the city council sustains a suspension, then the suspension shall be immediately reinstated and its term shall run from the date of such city council action. Appellant e:'h.Al1 'hn~lDuo-r no O;UD'I'\ ,..,..on-lt- Fnr "no T'UwnhD'r nF ~a."C!: -44= ~~. Q - appointment book(s) in which the name, age and current address of each and every patron shall be entered, togeth~r with the time, date and place of service, and the service provided. Every patron shall furnish proof of identity by showing a valid driver's license, voter registration certificate or similar identification, upon the request of one who operates a massage business or practices or provides a massage when such request is for the purpose of maintaining the accuracy of that person's appointment book. Such appointment book shall be available at all times for inspection by the police chief or his authorized representatives. The appointment book shall be kept throughout the permit year and shall be turned in to the chief of police or his authorized representa- tive upon application for renewal of a permit under the pro- visions of this article. Such appointment book shall be returned to the massage business operator upon the issuance or denial of a new permit. 15. Transfer prohibited. No massage business and masseur permits are transfer- able, separate or divisible, and such authority as a permit confers shall be conferred only on the permittee named therein. 16. Sanitation and health requirements. All premises used by permittees hereunder shall be periodically inspected by the police chief or his authorized representative for safety of structure and adequacy of plumb- ing, ventilation, heating and illumination. Floors shall be free from any accumulation of dust, dirt, or refuse. Well- marked toilet and hand-washing facilities for permittees, _~ __~~~~~ ~h"ll be orovided. All walls, ceilings, ,,"' (;.."J .~ _. ---I 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. Soiled linens and towels shall be stored in a clearly marked covered receptacle and shall not be reused prior to laundering. Any individual performing any duties at a massage business that may bring them into contact with patrons of the business or with the towels, cloths, sheets, or paper, if such is sub- stituted for cloth, shall have a current valid health card issued by the San Antonio Metropolitan Health District on his person at all times during business hours. No animals shall be permitted within a massage business at anytime. All equipment used for the treatment of patrons shall be kept in a clean and sanitary condition, and said equipment shall be kept in a good and safe state of repair at all times. Male masseurs shall wear all white slacks and shirt; and female masseurs shall wear an all white dress or all white slacks and blouse while engaged in the treatment of a patron. An all white surgical gown or smock may be sub- stituted. Said clothing shall at least cover the masseur's pubic area, perineum, buttocks, natal cleft and entire chest to four inches below the collarbone. The masseur's clothing shall be kept clean at all times, and soiled clothing shall not be worn during the treatment of a patron. No masseur shall massage a patron whose genitals are exposed during the treatment; and no patron of a massage business shall knowingly expose his genitals during a massage toa masseur. No massage service or practice shall be carried on within any cubicle, room, booth, or any area within a massage -..--- I-:~-- -- ~ ~. _. shall be not less than four and one-half (4~) feet from the floor of the establishment nor more than five and.one-half (5~) feet from the floor. Toilets and cubicles used solely for the application of ~iquid and vapor baths shall have no such opening in the covering door or curtain, but shall be clearly marked as to purpose on the exterior door or curtain of said cubicle, room or booth. Nothing contained herein shall be construed to eliminate other requiremen~s of statute or ordinance concerning the maintenance of premises, nor to pre- clude authorized inspection thereof, whenever such inspection is deemed necessary by the police or health department. 17. Supervision. A permittee shall have the premises supervised at all times when open for business. Any business rendering massage services shall have one 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 article. The violation of any such provision by any agent or employee of the permittee shall constitute a violation by the permittee. 18. Persons under age eighteen prohibited on the premises. No person shall permit any person under the age of eighteen (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. 19. Alcoholic beverages prohibited. No person shall sell, give, dispense, provide or keep or cause to be sold, given, dispensed, provided or kept, - . - .1 No massage business shall have an entrance or exit way providing a direct passageway to any other type of business, residence or living quarters. 22. Access. All massage establishments operating under the author- ity of this article are declared to be public places, and shall not, during business hours, have the doors to the exits and entrances of such establishments locked or obstructed in any way so as to prevent free ingress and egress of persons; provided, however, such doors may be closed. 23. Penalty. Any person who shall violate any provision of this article shall be deemed to be guilty of a misdemeanor and shall upon conviction be punished by a fine not exceeding two hundred dollars ($200.00). 24. 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, or persons working under the direction of any such persons or in any such establishment, nor shall this article apply to barbers, cosmetologists, physical therapists, assistant physical therapists or athletic trainers, lawfully carrying out their particular profession or business and holding a valid unrevoked license or certificate of registration issued by the state. 25. Severability. If any provision, section, sub-section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, void or invalid, or for any reason COUNTY OF GUADALUPE HEALTH CERTIFICATE CARD ISSUED: This certificate is valid for one year only. Post in an open and conspicuous place Ior inspection. This certifies that Address Occupation Employed at Address was actually and thoroughly examined for skin, eyes, ears, nose, throat, mouth, lungs and genitals And a Serological Test was made (date) Chest X-ray (date) Result Others and was Iound free from any infectious or contagious diseases in a transmissible condition. Color Eyes . Weight Color Hair Height Race Sex Age Doctor Address Doctor's Signature Doctor's State License Number .' / Applicant's Signature APPLICATION FOR MASSAGER'S LICENSE CITY OF Schertz COUNTY OF GUADALUPE, STATE OF TEXAS Please give all necessary information requested in the space provided. If such space is not adequate, then answer on a separate sheet of paper and attach it securely to this form. . 1. Name of Applicant 2. Applicant's residence address and telephone number 3. List all addresses used during the five-year period immediately prior to the date of this application, and the period of time each was used. 4. Written proof of age 5. Height, weight, coior hair and eyes, and sex 6. Set forth massage or sicilar business history and experience ten (10) years prior to the date of this application, including but not limited to whether or not you in previously operating in this or another county or state under a license or permit have had such license or permit denied, revoked, or suspended and the reason therefor, and the business activities or occupations engaged in subsequent to such denial, suspension or revocation. 7_ Set forth all of yow:.crimin",l. convictions, i.f any, othe:c..than. misdemeanor traffic violations, including the jurisdiction in which convicted and the offense of which convicted. . (a) Offenses of which convicted ! :r (b) Dates of convictions f (c) Courts in which you were convicted and their locations APPLICATION FOR MASSAGE ESTABLISHMENT L~CENSE CITY OF Schertz COUNTY OF GUADALUPE, STATE OF TEXAS Please give all necessary information requested in the space provided., If such space is not adequate, then answer on a separate sheet of paper and attach it securely to this form. 1. Name of Applicant 2: Type of ownership, whether Individual, partnership, corporation, etc. 3. If a corporation, indicate state in which incorporated 4. Name, style, and designation under which the massage establishment is to be operated 5. Business address where the massage establishment is to be operated 6. Fill in the necessary personal information concerning the owners of the business: a. If the applicant is the sole owner:' Name Complete residence address Residence telephone numbers All addresses used during the five-year period immediately prior to the date of the application, and the period of time each was used Written proof of age Height, weight, color hair and eyes, and sex Set forth massage or similar business history and experience ten (10) years prior, to the date of- application" including but not- limited to whether or not you, in previously operating in this or another county or state under license or permit, have had such license or permit denied, revoked, or suspended and the reason therefor, and the business activities or occupations subsequent to such action or denial, suspension or revocation. Set forth all of your criminal convictions, if any, other than misdemeanor traffic violations, including the jurisdiction in which convicted and the offense for which convicted. (a) offenses of which convicted (b) Dates of convictions (c)' Courts in which you were convicted and their locations . , b. If the applicant is a corporation, set forth concerning each stock- holder holding more than ten (10) percent of the stock of the corporation and each officer and director, the same information required of an applicant who is the sole owner of the business as indicated above. c. If the applicant is a partnership, set forth concerning each partner and limited partner the same information required of an applicant who is the sole owner of the business as indicated above. d'_ Concerning any individuaL whCLis., the, holder_-,OL any lieI1-, oX any nature, upon the, 'massage ,establishment- and/or: tJIe-' e:qu:ipmel1'r US& ' therein, set forth the same information required of an applicant who is the sole owner of the business as indicated above. e. Set forth concerning the manager or other individual principally in charge of the operation of the massage establishment, the same information required of an applicant who is the sole owner of the business as indicated above. I certify that tile. above, information is: true and corIect::, to'the best. of my knowledge. Signature of Applicant Dare