Loading...
HomeMy WebLinkAboutORD936ORDINANCE NO.936 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 8 BUSINESS,ARTICLE 8-4 THE OPERATION OF BATH HOUSES,MASSAGE PARLORS AND THERAPY CENTERS AND ARTICLE 8-5 BUSINESS OCCUPATIONAL LICENSE TAX,SECTION 8-5-4 SCHEDULE;REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AS FOLLOWS: SECTION I IN GENERAL That the Apache Junction City Code Chapter 8 Business,Article 8-4 The Operation of Bath Houses,Massage Parlors and Therapy Centers and Article 8-5 Business Occupational License Tax,Section 8-5-4 Schedule,be amended to read as follows: Article 8-4 MASSAGE THERAPISTS AND MASSAGE ESTABLISHMENTS 8-4-1 8-4-2 8-4-3 8-4-4 8-4-5 8-4-6 8-4-7 8-4-8 8-4-9 8-4-10 8-4-11 8-4-12 8-4-13 8-4-14 8-4-15 8-4-16 8-4-17 Definitions License required Exemptions Application Required information Fees;Delinquencies Investigation of applicants;inspection of premises Interim license Requirements for therapists Requirements for establishments Permitted locations;hours of service Unlawful activities;inspection of premises Change of location or employment Posting of license Suspension and revocation of license Notice of hearing and appeal City Clerk;duties Section 8-4-1 Definitions. "Massage establishment" means any place of business or establishment wherein any massage or touching techniques as defined below are administered,practiced or used. "Massage or touching techniques"means any nonincidental touching,rubbing or other ministration of the human body including,though not expressly limited to, the following named subjects and methods of treatment:oil rubs,alcohol rubs, salt baths,touching procedures upon the external parts of the body by hand or any electrical, mechanical or vibratory apparatus, including stroking,friction, ORDINANCE NO.936 PAGE 1 OF 11 kneading,rolling,vibrating,cupping,petrissage,rubbing,effleurage and tapotement. "Massage therapist" means a person who has studied the underlying principals of anatomy and physiology,and who practices or administers any massage or touching technique as defined above for fee or income of any kind within the city. "Recognized school of massage"means any institution of learning which has for its purpose the teaching of the theory,method and work of massage therapists, which has been approved by the Arizona State Board of Private Technical and Business Schools or Arizona State Post Secondary Board of Education and which requires a course of study of not less than six hundred (600)hours of academic and practical training prior to issuance of diploma or certificate of graduation, of which not less than one hundred fifty (150)hours must be of academic training.The remaining four hundred fifty (450)hours of practical training must be under the personal direction and direct on -site supervision of a licensed massage therapist:provided,that schools operating outside of the state shall be considered recognized if a course of study of not less than six hundred (600) hours of academic and practical training prior to issuance of diploma or certificate of graduation,of which not less than one hundred fifty (150)hours must be of academic training.The remaining four hundred fifty (450)hours of practical training must be under the personal direction and direct on -site supervision of a licensed massage therapist; provided, further, that such out-of- state school shall be equivalent to that required by the Arizona State Board of Private Technical and Business Schools or Arizona State Post Secondary Board of Education ,and the school is licensed by the state or subdivision hereof within which i t functions if such licensing is required. Section 8-4-2 License Required. A.It shall be unlawful for any person to practice or administer any massage or touching techniques,whether for a fee or other consideration,without first obtaining and maintaining in effect a massage therapist license as required by this article. B.It shall be unlawful for any person to practice or administer any rolfing techniques without first obtaining and maintaining in effect a massage therapist license as required by this article. C.I t shall be unlawful for any person,association,firm or corporation to conduct or operate a massage establishment without first obtaining and maintaining in effect a massage establishment license as required by this article. D.I t shall be unlawful for any person,association,firm or corporation to employ as a massage therapist any person who does not hold a current unrevoked and unsuspended massage therapist license as required by this article. E.I t shall be unlawful for any person,association,firm or corporation licensed as provided in this article to operate under any name or conduct business under any designation not specified in such license. ORDINANCE NO.936 PAGE 2 OF 11 Section 8-4-3 Exemptions. A.The provisions of this article shall not apply to: 1.Persons authorized by the laws of this state to practice medicine, osteopathy,chiropractic,podiatry,naturopathy or acupuncture; 2.Registered nurses,licensed practical nurses or technicians,when acting under the supervision of a licensed physician or osteopath; 3.Persons employed or acting as trainers for any bona fide amateur, semiprofessional or professional athletic team or athlete; 4.Persons authorized by the laws of this state as barbers or cosmetologists,provided their activity is limited to the head,face or neck; 5.Persons wholly employed in the sale of clothing,cosmetics,jewelry or sporting equipment insofar as such persons must incidentally touch a customer to properly fit or sell the product at its standard market price. B.Any exemption granted in this section is effective only insofar as and to the extent that the bona fide practice of the business or profession of the person exempted overlaps into the field comprehended by this chapter,and exemptions granted in this section are solely for those activities which are performed in the course of the bona fide practice of the business or profession of the person exempted. Section 8-4-4 Application. A.Any person desiring to obtain a massage therapist or a massage establishment license shall make application for same to the City Clerk,who shall refer such application to the Chief of Police for appropriate investigation.A person desiring licenses authorizing him to perform the activities of a massage therapist and,in addition,to conduct or operate a massage establishment,shall submit two (2)separate applications. B.The application shall be accompanied by the fee established by Section 8-5-4 of this Code. Section 8-4-5 Required Information. A.An applicant for a massage therapist or massage establishment license shall submit the following: 1.The full legal name and current residence address of the applicant; 2.Any other names by which the applicant has been known during the previous five (5)years; ORDINANCE NO.936 PAGE 3 OF 11 3.The two (2)residence addresses immediately prior to the present address of the applicant,and the dates of residence at each address; 4.Written statements of at least two (2)responsible adult persons that the applicant is of good moral character; 5.Written proof that the applicant is over the age of eighteen (18) years; 6.The address at which the applicant desires to do business; 7.The applicant's height,weight and hair and eye color; 8.Two (2)portrait photographs,at least two (2)inches by two (2) inches in size,taken within the previous six (6)months; 9.The business,occupation or employment history of the applicant during the previous five (5)years; 10.The business license history of the applicant, whether the applicant in previously operating in this or another city or state under license has had such license revoked or suspended,the reason therefor,and the business activity or occupation subsequent to such suspension or revocation; 11.All felony and misdemeanor convictions,excluding those for traffic offenses,and the grounds of such conviction; 12.The applicant's complete fingerprints,recorded by the police department,the cost of which shall be paid by the applicant; 13.The applicant's education,training and experience in the administration,practice or use of massage or touching techniques, including diplomas or credentials from schools or institutions of learning. 14.If the massage therapist will be an additional service provided by a properly licensed medical therapist,full service beauty salon, spa,health club or fitness center,the applicant shall also provide a written and notarized letter of authorization from the owner or operator of the licensed business. Section 8-4-6 Fees;Delinquencies. A.The license fee for any massage therapist or massage establishment shall be as set forth in Section 8-5-4 of this Code. B.The delinquency and penalties for any massage therapist or massage establishment shall be as set forth in Section 8-5-9 of this Code. ORDINANCE NO.936 PAGE 4 OF 11 C.All licenses,unless specifically excepted,shall be issued for a period of twelve months and shall be due and payable on or before the last day of the month twelve months from the month of issuance and shall be renewable each twelve month period thereafter.No license shall be renewed unless the licensee conforms with the provisions.Licenses shall not be transferable. Section 8-4-7 Investigation of applicants:inspection of premises. Any applicant for a license pursuant to this article shall personally appear at the City Clerk's office and shall present the application and additional information required by Sections 8-4-4 and 8-4-5 of this Code.The police department shall have a minimum of thirty (30)days and a maximum of six (6) months in which to investigate the application and background of the applicant. Based on such investigation,the police department shall recommend to the City Clerk the approval or denial of the license.In addition,the building safety department shall inspect any premises proposed as the site of a massage establishment,and shall make separate recommendations to the City Clerk concerning compliance with the provisions of Section 8-4-10.I f any recommendation is for denial,the grounds upon which the recommendation is made shall be set forth in writing. Section 8-4-8 Interim License. The City Clerk is authorized to issue an interim license to a massage therapist or massage establishment pending the results of the investigation by the police department and the inspection by the building safety department provided that all other requirements as set forth by this Code have been met.The term of the interim license shall not exceed one hundred eighty (180)days.Such interim license is subject to immediate revocation. Section 8-4-9 Requirements for Therapists. A.No massage therapist license shall be issued or renewed if the applicant has been convicted within the last five (5)years of any felony or any other offense involving moral turpitude or i f the application was deliberately falsified. B.No massage therapist license shall be issued if the applicant fails to furnish a diploma or certificate of graduation from a recognized school of massage. C.A massage therapist license may be issued i f the applicant has been licensed to perform any massage or touching techniques in another city or state for two (2)successive years,and such license has not been revoked or suspended or denied renewal on the grounds of misconduct by the applicant,provided such applicant presents a diploma or certificate of graduation from a recognized school of massage,together with a transcript of completed courses. D.A massage therapist shall at all times comply with all applicable city ordinances,county,state and federal regulations. ORDINANCE NO.936 PAGE 5 OF 11 Section 8-4-10 Requirements for establishments. A.No massage establishment license shall be issued or renewed unless inspection by the building safety department indicates the site of the proposed establishment complies with each and all of the following minimum requirements: 1.Minimum lighting shall be provided in accordance with the Uniform Building Code and,in addition,at least one artificial light of not less than sixty (60)watts shall be provided in each room or enclosure where services are performed on patrons and shall be in use whenever such services are being performed. 2.Minimum ventilation shall be provided in accordance with the Uniform Building Code. 3.Adequate equipment shall be provided for disinfecting and sterilizing instruments used in administering or practicing any massage or touching techniques. 4.Hot and cold running water shall be provided at all times. 5.Closed cabinets shall be provided and used for storage of clean linens. 6.Adequate bathing,dressing and toilet facilities shall be provided for patrons.A minimum of one dressing area,one toilet and one wash basin shall be provided for each massage establishment: provided,however,that if male and female patrons are to be served simultaneously at the establishment,a separate massage room or rooms and separate dressing areas shall be provided for male and female patrons. 7.All walls,coiling,floors,pools,showers,bathtubs,steam rooms and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition.Wet and dry heat rooms,steam or vapor rooms and cabinets,shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation.Bathtubs shall be thoroughly cleaned after each use. 8.Clean and sanitary towels shall be provided for each patron.The headrest of each table shall be provided with a clean and sanitary towel,paper towel or sheet for each patron. 9.A minimum of one separate wash basin shall be provided in each massage establishment,which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practical to the area devoted to the performing of massage services.In addition,there shall be ORDINANCE NO.936 PAGE 6 OF 11 provided at each wash basin sanitary towels placed in permanently installed dispensers. 10.A massage establishment shall at all times comply with all applicable city ordinances,county,state and federal regulations. B.No massage establishment license shall be issued or renewed i f the applicant has been convicted within the last five (5)years of any felony or other offense involving moral turpitude or if the application was deliberately falsified. Section 8-4-11 Permitted Locations;Hours of Service. A.Except as provided in Section 8-4-11 (C), massage therapists licensed under this Code shall only be permitted to provide services in conjunction with and at the business location of a properly licensed medical therapist,full service beauty salon,spa,health club,fitness center or a properly licensed massage therapist provided such business location is not in a residential area. B.A massage establishment shall not be permitted in any residential area. C.Massages may be administered in the home of a patron by any massage therapist having a license issued in accordance with the terms of this chapter provided massages are prescribed in writing by a physician duly licensed to practice medicine in the State of Arizona or the physician certifies that the patron is unable for medical reasons to obtain such in a massage establishment. D.I t shall be unlawful for any person,association,firm or corporation licensed as provided in this article to provide services any time between the hours of 12:00 midnight and 6:00 a.m. Section 8-4-12 Unlawful Activities;Inspection of Premises. A.I t shall be unlawful: 1.For any person to conduct or operate a massage establishment on the same premises whereon is also conducted the business of a cocktail lounge,photography studio,motel studio,art studio,telephone answering service,motion picture theater or bookstore. 2.For any person to practice or administer any massage or touching techniques,whether for a fee or gratuity: a.In a manner or under circumstances intended to arouse,appeal to or gratify sexual desires; b.To any other person whose genital organs are not covered by opaque material; ORDINANCE NO.936 PAGE 7 OF 11 c.While dressed in such a way as the genital organs,buttocks or female breast or breasts are not covered by opaque material; or d.In any way touch the genital organs of the individual receiving treatment. B.By acceptance of a massage establishment license,the licensee extends to the City Clerk and to the city Police Department consent and permission for the City Clerk and/or police officers to enter and inspect the premises subject to licensing without warrant or probable cause during normal business hours for the purpose of enforcing the provisions of this chapter.Unless the entry is with probable cause for search without a warrant,or a search with a warrant,no inspection shall occur of any room which is occupied by patron of the massage establishment while undergoing a massage. Section 8-4-13 Change of location or employment. A.A change in location of a massage establishment may be approved by the City Clerk provided that all ordinances and regulations of the city are complied with. The City Clerk shall order inspections of the proposed premises by the building safety department as required by Sections 8-4-7 and 8-4-10 of this Code. B.Notification shall be made to the City Clerk by a massage establishment whenever a massage therapist begins or leaves the employ of the establishment. Section 8-4-14 Posting of license. Every person,association,firm or corporation to whom a license is issued pursuant to this article shall display such license in a conspicuous place upon the business premises.If the license has been granted to a person,a recent photograph of the licensee shall be attached to the license and such person shall be required to wear the identification card as issued by the city while providing the massage therapy services for which they are licensed. Section 8-4-15 Suspension and revocation of license. A.The license of a massage therapist or of a massage establishment may be revoked,suspended or denied renewal upon any one or more of the following grounds: 1.That the licensee is guilty of fraud in conducting the business of massage therapist or massage establishment,or of fraud or deceit in obtaining a license to conduct such business; 2.That the licensee has been convicted in a court of competent jurisdiction of a felony or of any offense involving prostitution, homosexual behavior,indecent exposure or pornography; ORDINANCE NO.936 PAGE 8 OF 11 3.That the licensee uses intoxicating liquors,narcotics or dangerous drugs to such an extent as to incapacitate him for the performance of his duties; 4.That the licensee is guilty of untrue,fraudulent,misleading or deceptive advertising; 5.That the licensee is grossly ignorant or guilty of willful negligence in the business of massage therapist or massage establishment; 6.That the licensee is engaged in the business of massage therapist or massage establishment under a false or assumed name,or is impersonating another therapist or establishment of a like or different name; 7.That the licensee has violated any of the provisions of this Code. 8.That the licensee is conducting a trade,business,game or amusement,calling,profession or occupation in violation of the Arizona Revised Statutes. Section 8-4-16 Notice of Hearing and Appeal. A.To suspend or revoke a license,the City Clerk shall deliver or mail by certified mail to the business address as shown by the license application a written notice that such license is suspended or revoked.The reason for such suspension or revocation shall be set forth in the notice.A suspended or revoked license shall be surrendered to the City Clerk on demand. B.The City Clerk shall grant on demand to any licensee whose license has been revoked or suspended a full hearing on the merits of such suspension or revocation.Appeal of the City Clerk's action to the council,pursuant to Section 8-4-16 (C)shall not be had prior to such hearing.Demand for hearing shall be made within ten (10)days of receipt of the City Clerk's notice of suspension or revocation,and failure to demand a hearing within such time will constitute a full waiver. C.Any person aggrieved by the decisions with reference to the suspension or revocation of a license granted herein shall have the right of appeal to the council.Such appeal shall be filed with the council,within fourteen days after notice of the decision of the City Clerk under Section 8-4-16 (8).The council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided for notice of hearing on suspension or revocation.The decision and order of the council in such appeal shall be final and conclusive,except any person aggrieved may pursue any proper judicial proceedings. D.No person may apply for any massage therapist or massage establishment license within one year from the denial of any such license to such applicant, ORDINANCE NO.936 PAGE 9 OF 11 or from the suspension,revocation or nonrenewal of any such license,unless the cause of such denial,suspension,revocation or nonrenewal has been,to the satisfaction of the City Clerk,removed within such time. Section 8-4-17 City Clerk;Duties. I t shall be the duty and responsibility of the City Clerk to administer the provisions of this chapter and pursuant to this duty issue,renew,deny,suspend or revoke massage therapist and massage establishment licenses as required by this article. Article 8-5 BUSINESS OCCUPATIONAL LICENSE TAX Section 8-5-4 Schedule. BATH,PUBLIC Annual Fee $45.00 Annual Renewal Fee $35.00 Includes electric steam,dry heat,turkish,swedish,russian,massage establishments,bathhouses,therapy centers,electric,magnetic or sun treatment or alcohol rubs or any other bath with treatments.(In compliance with Article 8-4 of this Code and other applicable city ordinances,county,state and federal regulations). MASSAGE THERAPIST,MASSAGE Annual Fee $45.00 ESTABLISHMENT Annual Renewal Fee$35.00 (In compliance with Article 8-4 of this Code and other applicable city ordinances,county,state and federal regulations). SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f any section,subsection,sentence,phrase,clause or portion of this ordinance,or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. SECTION IV PROVIDING PENALTIES Any person found guilty of violating any provisions of this section of the code shall be guilty of a class one misdemeanor.Each day that a violation continues shall be a separate offense punishable as herein above described. ORDINANCE NO.936 PAGE 10 OF 11 APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 6TH DAY OF JANUARY,1996. SIGNED AND ATTESTED TO THIS 22ND DAY OF JANUARY,1996. ATTEST: KATHLEEN CONNELLY City Clerk ABPROVED AS' TO ,FORM: Ci19 AttorOey ORDINANCE NO.936 PAGE 11 OF 11 Mayor