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HomeMy WebLinkAboutORD11ORDINANCE NO. 11 AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF APACHE JUNCTION BY ADDING ARTICLE 8-4 RELATING TO THE OPERATION OF BATHHOUSES, MASSAGE PARLORS AND THERAPY CENTERS. BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL AS FOLLOWS: SECTION A Section 8-4-1 Definitions Section 8-4-2 License Required Section 8-4-3 Exceptions Section 8-4-4 Fees Section 8-4-5 Authorization from Chief of Police Required Section 8-4-6 Register of Employees; Notice to Chief of Police Section 8-4-7 Hours of Business Section 8-4-8 Certain Services and Operations Prohibited Section 8-4-9 Inspection Section 8-4-10 Revocation of License Section 8-4-11 Posting of License Section 8-4-12 Penalty Clause Section 8-4-13 Emergency Clause Section 8-4-1 Definitions A. B. C. D. "Attendant" means any employee who administers any of the services of a bathhouse, massage parlor or therapy center on the premises of such establishment. "Bathhouse" means an establishment in which is carried on the business of providing baths of any kind, including all forms and methods of hydrotherapy. "Massage Parlor" means an establishment in which is carried on the business of providing any service of massage or body manipulation, including exercises and heat and light treatments of the body, and all forms and methods of massage therapy. "Therapy Center" means an establishment in which is carried on the business providing any service of massage or body manipulation, including exercises, heat and light treatments of the body, and including all forms and methods of physical therapy, reflex therapy or compression massage. Section 8-4-2 License Required No person shall operate any bathhouse, massage parlor or therapy center without first securing and having in effect a license so to do issued by the Clerk.No person shall perform the services of an attendant in a bathhouse, massage parlor or therapy center without first securing and having in effect a license to do so issued by the Clerk.No operator of a bathouse, massage parlor or therapy center shall permit any person to act as an attendant unless such person is a duly licensed attendant. Section 8-4-3 No License Required No license shall be required under this Article for naturopaths, chiropractors, osteopathic physicians, medical physical therapists, or medical doctors who hold State licenses, nor shall the attendants working under the direct supervision of such licensed individuals be required to hold a license under this Article. Section 8-4-4 Fees The license fee for any operator of a bathhouse, massage parlor, or therapy center shall be five hundred dollars ($500.00) and the license fee for an attendant in any such establishment shall be fifty dollars ($50.00).Such fee in each instance shall be paid upon application for a license, and shall be deemed an application fee and shall be non-refundable.The license issued shall remain in effect until revoked. Section 8-4-5 Authorization From Chief Of Police Required A.No license for the operation of a bathhouse, massage parlor, or therapy center shall be issued by the Clerk unless and until a written authorization to issue has been received from the Chief of Police.Before authorizing such a license, the Chief of Police shall first determine: 1.That the applicant is over twenty one (21) years of age and a resident of the City of Apache Junction for at least 90 days prior to making the application. 2.That the applicant, including each member of a partnership, if the applicant is a partnership, and 2 B. including the manager of the business, if the applicant is a corporation, is of good moral character. 3.That the applicant has been certified by the local Board of Therapy Examiners as being competent to perform the duties for which the license is issued. 4.That the applicant, including each of the persons mentioned in subsection 2 above, has provided a recent front -view photograph of his face and shoulders. 5.That the applicant, including each of the persons mentioned in subsection 2 above has not previously been convicted of any misdemeanor or felony involving moral turpitude, or convicted of any violation of this Article. 6.That the applicant, including each of the persons mentioned in subsection 2 above, has been fingerprinted by or under the direction of the Chief of Police. No license for the occupation of attendant, as defined in this Article, shall be issued by the Clerk unless and until a written authorization to issue has been received from the Chief of Police.Before authorizing such a license, the Chief of Police shall first determine: 1.That the applicant is of good moral character. 2.That the applicant has provided a recent front -view photograph of his face and shoulders. 3.That the applicant is over twenty one (21) years of age. 4.That the applicant has been certified by the local Board of Therapy Examiners as being competent to perform the duties for which the license is issued. 5.That the applicant has not previously been convicted of any misdemeanor or felony involving moral turpitude, or convicted of any violation of this Article. 6.That the applicant has been fingerprinted by or under the direction of the Chief of Police. 3 Section 8-4-6 Register Of Employees; Notice To Chief Of Police The operator of each bathhouse, massage parlor, or therapy center shall keep and maintain a current register of all employees, including, in addition to the employee's name, his address, age, sex, duties and such other information as the Chief of Police may reasonably require.Upon hiring any attendant, the operator shall immediately notify the Chief of Police in writing and shall include in such notice the same information required to be in the register. Section 8-4-7 Hours Of Business Restrictions on services provided:No bathhouse, massage parlor, or therapy center shall: A.Remain open or provide services at any time between the hours of eleven o'clock (11:00) P.M. and five o'clock (5:00) A.M. except for emergency treatment. B.Provide to any person anytime any service which is contrary to commonly accepted standards of morality. Section 8-4-8 Certain Services And Operations Prohibited No female massagist shall massage any person of the male sex, and no male massagist shall massage any person of the female sex. Section 8-4-9 Inspection Any bathhouse, massage parlor or therapy center and its equipment, records and methods of operation shall be open at reasonable hours to inspection by representatives of the Police Department.The Chief of Police shall assign qualified personnel to make regular inspections of licenses, and a report of such inspections shall be made to the Chief of Police in writing.No inspector shall enter a room or immediate quarters wherein a person of the opposite sex to that of the inspector is undergoing treatment or receiving service. Section 8-4-10 Revocation Of License A.Whenever the Chief of Police believes that any licensed operator or attendant has violated any of the provisions of this Article or is not qualified under this Article to hold a license, he may order a hearing.Such hearing shall be held at a reasonable time and place designated by the Chief of 4 B. C. Police in a written notice to the licensee.The hearing shall not be held until at least ten (10) days following actual receipt of the notice by the licensee.Following such hearing, the Chief of Police shall reduce findings of fact to writing and, if he determines that the licensee has violated any of the provisions of this Article, he shall transmit a copy of such finding to the Clerk, recommending revocation and the Clerk shall immediately revoke such license. Should the Chief of Police, following issuance of a license of any type provided for herein, by the Clerk, learn from a realiable source that the applicant at any time has been convicted of having committed a lewd or indecent act, or has been convicted of any other felony or misdemeanor involving moral turpitude, he shall immediately notify the Clerk, who shall forthwith cancel the license. A conviction for violation of any of the provisions of this Article shall constitute sufficient cause for immediate revocation of the license of such licensee, upon recommendation of the Chief of Police. Section 8-4-11 Posting Of License Licenses issued pursuant to this Article shall be posted in plain view within the bathhouse, massage parlor or therapy center. SECTION B Section 8-4-12 Penalty Clause Any person found guilty of violating any provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed $300.00 or by imprisonment for a period of not to exceed three (3) months, or by both such fine and imprisonment.Each day that a violation continues shall be a separate offense punishable as hereinabove prescribed. SECTION C Section 8-4-13 Emergency Clause The immediate operation of the provisions of this ordinance is necessary for the preservation of the public peace, health and safety of the City of Apache Junction, and an 5 emergency is hereby declared to exist, and this ordinance shall be in full force and effect from and after its passage, adoption and approval by the City Council of Apache Junction. PASSED AND ADOPTED by the City Council of the Apache Junction, Arizona this /"day of 1979. ATTEST: (17 . City Clerk APPROVED AS TO FORM: City Attorney 6