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Home My WebLink AboutO-166-7-74a CITY OF ALLEN TEXAS, ORDINANCE NO. 166 AN ORDINANCE PROVIDING REGULATION FOR MASSAGE ESTABLISHMENTS; PROVIDING FOR DEFINITIONS; PROVIDING FOR LICENSING; PROVIDING DEFINITE GROUNDS FOR REFUSAL TO ISSUE OR RENEW, REVOKE OR SUSPEND A LICENSE; PROVIDING AN APPEAL THEREFROM; PROVIDING FOR HOURS OF OPERATION, INSPECTION OF MASSAGE ESTABLISHMENTS AND EMPLOYEES; PROHIBITING ADMINISTERING MASSAGE TO PERSONS OF OPPOSITE SEX; PROVIDING FOR A CLOTHING CODE FOR EMPLOYEES AND PATRONS; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF ALLEN TEXAS: SECTION I Definitions For the purpose of this Ordinance, the following words and phrases shall have the meanings respectively ascribed to them by this section: (A) "Chief of Police" means the Chief of Police of the City of ALLEN or his duly authorized representa- tive . (B) "Health Officer" means the Health Officer of the City of ALLEN or his duly authorized representative. (C) "Massage" means any process consisting of kneading, rubbing, or otherwise manipulating 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, but shall not include massage by duly licensed physicians and chiropractors, and registered physical therapistsJwho treat only patients recommended by a licensed physician and who operate only under such physicians' direction, nor massage of the face practiced by beauty parlors or barbersh6ps duly licensed under the penal code of the state. (D) "Massage establishment" means any building, room, place or establishment, other than a regularly licensed hospital, where manipulated massage or manipulated exercises are practiced upon the human body by anyone not a duly licensed physician or chiro- practor whether with or without the use of mechanical, therapeutic or bathing devices, and shall include Turkish bathhouses. This term shall not include, however, 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. SECTION II. License Required It shall be unlawful for any person to operate a massage establishment without first having obtained a license therefor ,,fftm the assessor and collector of taxes in accordance with the provisions of this section, or to operate a massage establishment 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 VI and upon the approval in writing of the health officer and of the Chief ofP'olice and upon the issuance of a certifiaate of occupancy from the building official. Such license shall expire on the 31st day of December of each year. SECTION III Display of License The license required by this section shall be posted and kept in some conspicuous place in the massage esta- blishment. sta- blishment. SECTION IV Investigation of License Applicant After an application has been made for issuance of an original license or a renewal of an existing license to operate a massage establishment as defined herein, the thief of Police, as the principal enforcement officer of this section, shall determine whether the applicant has been finally convicted in any court of theft, fornication, sodomy, procuring, pandering, keeping a bawdy house, keeping an assignation house, engaging in prostitution or engaging in assignation, or whether such establishment employs any person who has been finally convicted in any court of theft, fornication, sodomy, procuring, pandering, keeping a bawdy house, keeping an assignation house, engaging in prostitution or engaging in assignation. SECTION V Names and Medical Certificates of Employees At the time of making application for, tYie"license required by this section, the applicant shall furnish to the rC,hief of Police and the health officer the names and addresses of all employees of massage establishments, and all such employees shall be required to secure from the health officer 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 cert- ificate shall be renewed annually by the health officer. SECTION VI License Fee and Refund The annual license fee shall be twenty-five dollars V ($25.00) for each such establishment. If the license is obtained between January lst and June 13th of any year, the full amount of such fee shall be paid. If such license is obtained between July 1st and December 31st of any year, the fee shall be one-half of such amount. No refund of license fees shall be made. SECTION VII Refusal to Issue or Renew License The Chief of Police shall refuse to approve issuance or renewal of any license required by this section to any applicant who has been finally convicted in any court of theft, fornication, sodomy, procuring, pandering, keeping a bawdy house, keeping an assignation house, engaging in prostitution or engaging in assignation; -or to any applicant who employs in such establishment any person who has been finally convicted of theft, fornication, sodomy, procuring, pandering, keeping a bawdy house, keeping an assignation house, engaging in prostitution or engaging in assignation. SECTION VIII Revocation or Suspension of License (A) A license issued pursuant to this article shall be revoked upon final conviction in any court of the holder of such license for the offense of theft, forni- cation, sodomy, procuring,+pandering, keeping a bawdy house, keeping an assignation house, engaging in prosti- tution or engaging in assignation. (B) A license issued pursuant to this section shall be suspended for a period of not less than thirty (30) days nor more than ninety (90) days upon final conviction in any court of the holder of such license for the operation of the massage establishment in violation of any statute of this state, or any provision of this code or other ordinance of the City of J' 3ALLEN . (C) Any license issued pursuant to this section shall be suspended for a period of ninety (90) days upon the final conviction in any court of any employee of such massage establishment for the offense of theft, fornication, sodomy, procuring, pandering, keeping a bawdy house, keeping an assignation house, engaging in prostitution or engaging in assignation, or a violation of any provision of this section. (D) Written notice by certified mail, return receipt requested, of such revocation or suspension shall be given by the Chief of Police to the holder of such license at the holder's last known business address. SECTION IX Appeal by Applicant or Licensee 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 section, 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 Mayor a written appeal. The Mayor shall, within ten (10) days after the appeal is filed, consider all the evidence in support of or against the action appealed, and render a decision either sustaining or reversing the action. If the Mayor sustains the action, the applicant or license holder may, within ten (10) days of notification of that decision file a written appeal with the City Secretary to the City Council. Such written appeal shall set forth the specific grounds therefor. The City Council shall, within thirty (30) days, grant a hearing thereon to consider the action, at which hearing the City Council may make such investigation as it may see fit. The City Council shall have authority to sustain, reverse or modify the action appealed. Such decision of the City Council shall be final. SECTION X Hours of Operation 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 either directly or indirectly, with any place used for living or sleeping quarters. No massage establishment shall open on Sunday. SECTION XI Inspection of Massage Establishments (A) 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,Jsafety, and welfare of the public and to make examinations through the licensed physicians of the department as are necessary to determine whether employees of the massage establishment are infected with any infectious disease. (B) If in the opinion of the health officer or his designated representative, there is probable cause to enter a massage establishment for the purposeiof making inspections and examinations pursuant to this section, 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, showing said magistrate why such search warrant should be issued for the purpose herein. SECTION XII List of Employees The manager or person in charge of a massage establishment shall keep a list of the names and addresses of all employee's, 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 XIII 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 residential purposes. SECTION XIV Sanitary Requirements (A) 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, therapeutic, 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 instruments and devices, or parts thereof, after having= been used upon one patron, shall be sterilized before being used upon another. All towels and linens furnished for use of one patron shall not be furnished for use -of another until thoroughly laundered. (B) All masseurs and operators shall wash their hands thoroughly before administering massage manipulations to each patron accommodated. (C) No person suffering from a communicable disease shall work or be employed in a massage establishment. (D) No person shall be accommodated as a patron within a massage establishment when to the knowledge of the owner, person in control, or an employee, such person is suffering from a communicable disease. 0 SECTION XV Administering Massage to Person of Opposite Sex It shall be unlawful for any person to administer a massage as defined in Section I to any person of the opposite sex; provided, however, that this section shall not apply to any licensed physician or chiropractor, nor shall it apply to any registered physical therapist or registered nurse operating under the direction of a physician. SECTION XVI Clothing Required and Prohibited Massage Procedures (A) No licensee shall employ or permit any person to perform any services in or about any massage establish- ment who is not clothed at least from the top of the shoulders to the knees in opaque outer clothing and upper and lower undergarments. (B) No patron shall receive a massage unless said patron wears opaque clothing covering the hips, thighs, genitals, and anal areas. (C) No employee, patron, or any other person shall touch the genitals of another person while on the massage establishment premises; nor shall a patron massage another patron in a massage establishment. SECTION XVII Public Nuisance The operation of any massage establishment in violation of this Ordinance is hereby declared to be a public nuisance. Notwithstanding any penal provision afforded in thi,§ Ordinance, the City Attorney is authorized to file suit on behalf of the City of -ALLEN for such injunctive relief as may be necessary to prevent the violation of any provisions of this Ordinance. SECTION XVIII Penalty Any person who violates any provision of this Ordinance shall be guilty of a separate offense for each day or portion thereof during which any such violation is committed, continued, or permitted and each offense shall be punishable by a fine not to exceed TWO HUNDRED AND NO/100----------($200.00)--- DOLLARS. SECTION XIX Savings Clause All of the provisions of this Ordinance shall be deemed severable; and should any part of this Ordinance be declared unconstitutional by a Court of competent jurisdiction, it is expressly provided that the remaining portions of this Ordinance shall remain in full force and effect. SECTION XX Valid Permit Under Previous Ordinance Any person holding a valid massage permit under any previous city ordinance shall be construed to have complied with this Ordinance, but only as long as such permit remains valid and unexpired. SECTION XXI Publication The caption of this Ordinance shall be published one (1) time in a weekly newspaper having general publication in the City of ALLEN J. Texas, and shall be effective immediately upon its adoption and publication. All other ordinances regulating massage establishments shall be repealed at the time this Ordinance becomes effective. DULY PASS AND APPROVED BY THE CITY COUNCIL OF THE CITY OF , TEXAS, ON THIS THE 1 P DAY OF \ , , U1 ,, 1974 Correctly Recorded: 4,76" '2�- - Acting City Secretary