Chapter 5.20 MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS

5.20.010 Definitions.

5.20.020 Compliance with division required.

5.20.030 Massage technician--Required training.

5.20.040 Permits for massage business.

5.20.050 Suspension or revocation of permit.

5.20.060 Massage technician permit.

5.20.070 Suspension or revocation of massage technician permits.

5.20.080 Home massage treatments.

5.20.090 Health standards.

5.20.100 Unlawful acts.

5.20.010 Definitions.

For the purposes of this chapter, 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:
A. "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.
B. "Massage establishment" means any place of business wherein any of the treatments, techniques or method of treatment referred to in subsection C of this section are administered, practiced, used, given or applied.
C. "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.
D. "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 C of this section.
E. "Person of good moral character" means any person who meets all of the following requirements:
1. He has such financial standing and good reputation as will satisfy the issuing authority that he will comply with this division and all laws, ordinances, and regulations applicable to his operations under this division.
2. He has not held a permit under this division which has been revoked during the year last preceding the date of application.
3. 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.
F. "Massage patron" means any person who receives, or pays to receive, a massage or massage services from a massage technician for value. (Ord. 773 (part), 1982)

5.20.020 Compliance with division required.

A. 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 chapter.
B. Massage establishments in operation on the effective date of the ordinance codified in this chapter shall have sixty days from said date to comply with the provisions and requirements of Section 5.20.040 relating to massage establishment permits, and Section 5.20.090 relating to health standards. (Ord. 773 (part), 1982)

5.20.030 Massage technician--Required training.

A. No person shall practice, perform or administer massage in the city without having received a minimum of seven hundred fifty-six hours of instruction in massage technique and theory from an accredited massage training school or institution.
B. The following persons and institutions are excluded from the operation of this division:
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 B(1) of this section;
3. Persons performing massage therapy or massage services upon a person pursuant to the written instruction or order of a licensed physician;
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 county of their employment and under the supervision of the administrator thereof or of a person licensed as described in subsection B(1) of this section;
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 semiprofessional team or organization in the course of his employment as such coach or trainer.
C. Expiration of the massage technician permit shall occur on the date of expiration of the permit as indicated on the permit itself, or at such time as the permittee practices massage outside the corporate limits of the city. (Ord. 773 (part), 1982)

5.20.040 Permits for massage business.

A. Permit Required--Fee. 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 5.20.090 and unless a permit to operate a massage establishment is obtained from the city in compliance with the provisions of this chapter. The yearly permit fee shall be twenty-five dollars.
B. 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 to determine that all requirements of this chapter have been satisfied and that the applicant has fully complied with all applicable ordinances and regulations relating to buildings, zoning, fire and health.
C. Application Contents. The application shall contain the following:
1. The full name, address, and social security number of the applicant;
2. The full name of the business and the address of the premises for which the application is being made;
3. The criminal records of the applicant, if any;
4. A statement that the applicant is of good moral character;
5. A statement that the contents of the application are true;
6. Proof that the applicant is an adult;
7. 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;
8. 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;
9. The name and address of the owner of the building where such massage business will be located;
10. Certified copies of any lease or rental agreements governing the applicant’s right in said building;
11. 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.
D. Issuance of Permit. The fire 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 chapter 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.
E. 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.
F. 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.
G. 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. (Ord. 773 (part), 1982)

5.20.050 Suspension or revocation of permit.

A. Grounds. The massage establishment permit of any such permittee may be suspended or revoked for violation of the provisions of this chapter 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 chapter.
B. Investigation--Notice--Hearing. 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 result 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 case does exist:
1. 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;
2. 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. (Ord. 773 (part), 1982)

5.20.060 Massage technician permit.

A. 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 twenty-five dollars.
B. 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.
C. Application Contents. The application shall contain the following information:
1. The full name, address, age and social security number of the applicant;
2. The criminal record of the applicant, if any;
3. A statement that the applicant is of good moral character;
4. Proof that the applicant is an adult;
5. Proof that the applicant has satisfactorily completed seven hundred fifty-six hours of instruction in massage technique and theory at an accredited massage training institution;
6. A statement that the contents of the application are true;
7. 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.
D. 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 C(7) of this section, 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 chapter, 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.
E. Permit to be Kept at Place of Employment. All massage technicians having permits issued pursuant to this chapter shall keep said permits at their place of employment as massage technicians. (Ord. 773 (part), 1982)

5.20.070 Suspension or revocation of massage technician permits.

A. Grounds for Suspension. The massage technician permit of each massage technician may be suspended or revoked for any violation of this chapter.
B. 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 chapter, 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 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. (Ord. 773 (part), 1982)

5.20.080 Home massage treatments.

Massages may be administered in the patron’s home by any massage technician having a permit issued in accordance with this chapter, 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 shall administer any massage services at a location which does not conform to or comply with the standards set forth in Section 5.20.090 except as set forth in this section. (Ord. 773 (part), 1982)

5.20.090 Health standards.

A. No massage establishment shall be established, maintained or operated in the city that does not conform to or comply with the following standards:
1. Each room or enclosure where massage services are performed on patrons shall be provided with a minimum of four footcandles as measured four feet above the floor.
2. The premises shall have adequate equipment for disinfecting and cleaning nondisposable instruments and materials used in administering massage services. Such materials and instruments shall be cleaned after each use.
3. Hot and cold running water shall be provided at all times.
4. 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.
5. Clean linen and towels shall be provided for each massage patron. No common use of towels or linens shall be permitted.
6. All massage tables, bathtubs, shower stalls, sauna baths, steam or bath areas and all floors shall have surfaces which may be readily cleaned.
7. Oils, creams, lotions or other preparations used in administering massages shall be kept in clean containers or cabinets.
8. 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 male and female patrons are to be served simultaneously, separate bathing, dressing, locker, toilet and massage room facilities shall be provided.
9. 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.
10. 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.
11. 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.
12. No person shall consume food or beverages in massage work areas.
13. Animals, except for seeing-eye dogs, shall not be permitted in massage establishments.
14. All massage establishments shall continuously comply with all applicable building, fire or health ordinances and regulations.
B. No massage technician shall administer a massage:
1. If said massage technician believes, knows, or should know that he or she is not free of any contagious or communicable disease or infection.
2. 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.
3. 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. (Ord. 773 (part), 1982)

5.20.100 Unlawful acts.

A. No massage patron receiving a massage shall caress or fondle the massage technician administering the massage.
B. No massage technician shall masturbate or fondle the genital area of a massage patron.
C. 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.
D. No massages shall be administered to massage patrons of different sexes in the same room or enclosure at the same time.
E. 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 permit issued in accordance with this chapter, except in accordance with Section 5.20.080.
F. 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 chapter, except in accordance with Section 5.20.080. (Ord. 773 (part), 1982)