Title 5 BUSINESS LICENSES AND REGULATIONS
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this division which has been revoked during the year last preceding the date of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)
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