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
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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:
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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
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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
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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
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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
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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-
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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
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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
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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,
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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
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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
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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,
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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
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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
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(b) Dates of convictions
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(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
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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