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Home My WebLink About436 11-28-1972ORDINANCE NO. 436 AN ORDINANCE PROVIDING FOR THE REGULATION OF MASSAGE PARLORS AND MASSAGE ESTABLISH- MENTS; DEFINING CERTAIN TERMS; REQUIRING A LICENSE AND THE DISPLAY THEREOF; PRO- VIDING FOR INVESTIGATION OF APPLICANTS, MEDICAL CERTIFICATES AND A LICENSE FEE; REGULATING THE OPERATION OF MASSAGE PARLORS AND MASSAGE ESTABLISHMENTS BY ESTABLISHING HOURS OF OPERATION, INSPECTION OF PREMISES AND HEALTH REQUIREMENTS; PROVIDING A PENALTY CLAUSE, A SEVERANCE CLAUSE AND AN EFFECTIVE DATE. Section 1 - DEFINITIONS. The following words and phrases shall, for the purposes of this Ordinance have the meaning and definition as herein- after stated; (a) Massage Parlor or Massage Establishment - Any building, house, room or place where massage is practiced upon the human body by any person other than a duly licensed medical doctor, doctor of osteopathy or chiropractor. This term shall not include duly licensed beauty parlors or barber shops or the office or place of business of a registered physical therapist. (b) Massage - Any process of kneading, rubbing or other such manipulating the skin of the body of a human being either with the hands or by means of electrical instruments or apparatus. The term "massage" as used in this Ordinance shall not include kneading, rubbing or otherwise manipu- lating the skin or bone structure of a human body by duly licensed medical doctors, doctors of osteopathy, chiroprac- tors or registered physical therapists who treat only pa- tients referred by a licensed physician and who practice physical therapy under a physician's direction. The term "massage" shall not include massage of the face practiced by beauty parlors or barber shops duly licensed by the State of Texas. (c) Chief of Police - The Chief of Police of the City of Euless, Texas, or his duly authorized representative. (d) Health Officer - The Health Officer appointed by the Euless City Council or the Euless City Manager. Section 2 - LICENSE REQUIRED FOR MASSAGE PARLOR OR MASSAGE ESTABLISHMENT. No person or corporation shall operate a massage parlor or massage establishment in the City of Euless, Texas, without having first obtained a license therefor from the City of Euless. Section 3 - APPLICATION. An application shall be required by any applicant for a license to operate a massage establishment or a massage parlor in the City of Euless, Texas. The application shall be on such form as may be prescribed by the Euless City Manager or the Euless Chief of Police. Such application shall be filed with the Chief of Police. The application shall require the applicant to state under oath the proposed location of the estab- lishment in an area properly zoned therefor and the name of all owners of the proposed business and if a corporation, the name of all shareholders, the names of all proposed employees and all such persons, both owners and employees, shall be required to state in writing under oath whether such person has ever been convicted in any court of theft, sodomy, procuring, pandering, keeping a bawdy house, engaging in prostitution or other crim- inal.'offense. No license shall be granted for the operation of any massage parlor or establishment where either the owner or employees have been convicted of any of the offenses stated herein. A license for the operation of a massage parlor or massage establishment shall be immediately revoked by the Chief of Police should it be determined that a person convicted of any of the offenses stated in this section shall become an owner, operator or employee of a massage parlor or massage establishment having a licensed issued by the City of Euless. Section 4 - LICENSE FEE. A license to operate a massage establishment or massage parlor shall be issued to expire on the 31st day of December of each year. The annual license fee shall be $100.00 and shall be payable in full regardless of the date upon which the license is granted. The license shall be posted and publicly displayed in a conspicuous place at the location of the massage parlor or massage establishment. Section 5 - MEDICAL CERTIFICATES REQUIRED. Before commencing operation the owner or operator of a massage parlor or establishment shall furnish to the Euless Chief of Police a medical certificate for each employee signed by a medical doctor or doctor of osteopathy that such employee has been examined within three (3) days of the date of such medical certificate and that such examination established the fact that such person is free from any infectious or communicable disease. A medical certificate certifying that any such employee is free of infectious or communicable disease shall be furnished to the Chief of Police on January 1st, April 1st, July 1st and October 1st during any period of employment by such massage parlor or massage establishment. Section 6 - LICENSE REVOCATION. (a) A license issued under this Ordinance shall be revoked upon conviction in any court of the holder of any such license or such licensee's employees of the offense of theft, sodomy, procuring, pandering, keeping a bawdy house, or engaging in prostitution. - 2 - (b) Failure to furnish current medical certificates as required herein. Section 7 - APPEAL. Should the Chief of Police refuse to approve the issuance of an original license or the renewal of a license or revoke an out- standing license issued under this Ordinance, such action shall be final unless the license holder or applicant shall within ten (10) days after notice of such action, file with the Euless City Manager a written appeal. The decision of the Euless City Manager shall not be appealable to the Euless City Council. Section 8 - HOURS OF OPERATION. No massage parlor or massage establishment shall be kept open for any purpose between the hours of 10:00 P. M. and 8 :00 A. M. Section 9 - NO MASSAGE PARLOR OR MASSAGE ESTABLISHMENT TO BE USED FOR RESIDENCE PURPOSES. No massage parlor or massage establishment shall be used for residence purposes. Section,l0 INSPECTION OF MASSAGE PARLORS AND MASSAGE ESTABLISHMENTS. The Euless Chief of Police or his designated representative is authorized to make periodic inspection and examination of massage parlor or massage establishment premises. Such inspection shall be made to safeguard the health, safety and welfare of the public. Section 11 - SANITARY REQUIREMENTS. (a) It shall be the duty of every person condu &ting 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 fur- nished 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. - 3 - I •,I Section 12 - ADMINISTERING MASSAGE TO PERSON OF OPPOSITE SEX. It shall be unlawful for any person to administer a massage in a massage parlor or massage establishment to any person of the opposite sex. Section 13 - SEVERANCE CLAUSE. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitu- tional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Section 14 - PENALTY. Any person violating 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 per- mitted and each offense shall be punishable by a fine not less than $25.00 and not to exceed $200.00. Section 15 - EFFECTIVE DATE. This Ordinance shall take effect and be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PASSED AND APPROVED by the City Council of the City of Euless, Texas, on this 28th day of November, 1972. ATTEST: f � J L / City Secretary ..° PjRF -KTJ 'V- TO FO City Attorney APPROVED: f r lr r -_ter MAYOR - 4 -