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HomeMy WebLinkAbout439 02-13-1973ORDINANCE NO. 439 ORDINANCE AMENDING ORDINANCE NO. 436 REGULATING MASSAGE PARLORS AND MASSAGE ESTABLISHMENTS IN THE CITY OF EULESS, TEXAS; DEFINING AND REDEFINING CERTAIN TERMS; PROHIBITING CERTAIN ACTS AND PROVIDING FOR LICENSE REVOCATION; RE- QUIRING A DAILY REGISTER OF PATRONS; REQUIRING PUBLIC DISPLAY OF MASSAGE SERVICES PERFORMED AND THE CHARGES THEREFOR; PROVIDING A PENALTY CLAUSE, A SEVERANCE CLAUSE AND AN EFFECTIVE DATE. Section 1: The definition Section 1 of City of Euless Ordinance No. 436 is hereby amended as follows: A. Section 1[b] entitled "Massage"-is amended to provide as follows: Massage - Any act or process of kneading, rubbing, stroking or other such touching or otherwise manipulating the skin of the body of a human being either with the hands or any other part of the human body, or through the use of any mechanical devices, electrical instruments, or other apparatus. The term "massage" as used in this Ordinance shall not include kneading, rubbing, stroking or other such touching as above defined by duly licensed, medical doctors, doctors of osteopathy, chiropractors or registered physical thereapists or registered nurses or licensed vocational nurses at the direction or under the prescription of a medical doctor or doctor of osteopathy when such treatment is administered or prescribed in the professional course of treatment of a patient for a bona fide medical or mental infirmity. The term "massage" shall not include massage of the face or bust as authorized by the State of Texas in establishments licensed by the State of Texas as beauty shops and barber shops staffed by licensed barbers and beauticians. B. Section lje] is added to Section 1 of Ordinance No. 436 of the City of Euless and is entitled, Prohibited Body Areas - Prohibited Body Areas are defined as including all genital organs, sex organs and private parts of the human body and shall include, but not be limited to the male and female genital areas, female breasts, the human buttock and the human anus. Section 2: The Section of Euless Ordinance No. 436 entitled "License Revocation ", being Section 6 thereof, is wholly amended to provide as follows: The title of Section 6 is amended to provide, Prohibited Acts and License Revocation. A. The Euless Chief of Police shall revoke any license issued under this Ordinance should the holder of such license or the owner, operator, manager, employee or patron of any massage parlor or massage establishment in the City of Euless, Texas, do or commit any of the following acts or fail to comply with or meet any of the following requirements imposed by this Ordinance: 1. Prior or subsequent final conviction in any court of the offense of theft, sodomy, procuring, pandering, keeping a bawdy house, engaging in prostitution or other offense involving moral turpitude. 2. The occurrence at the massage premises of any act or conduct proscribed by this Ordinance. 3. Massage of prohibited body areas. 4. Failure to furnish current medical certificates as required by this Ordinance. 5. Failure to maintain a correct patron regis tration ledger as required by this Ordinance. 6. Permitting a patron to give false registra- tion information as required by this Ordinance. 7. Permitting any person to administer a massage in an establishment licensed under this Ordinance to any person of the opposite sex, except in the presence of a third person. 8. Violation of the hours of operation as set forth in Section 8 of Ordinance No. 436 . 9. Violation of Section 9 of Ordinance No. 436 prohibiting the use of a massage parlor or massage establishment for residential purposes. -2- 10. Prohibiting entrance to the Euless Chief of Police or his designated representative for the purpose of inspection of the licensed premises or the books or records required to be kept by this Ordinance. 11. Failure to furnish for inspection as required by this Ordinance, the books or records so required. 12. Failure to register a patron as required by this Ordinance. 13. Failure to verify the information furnished by a patron at time of his registration as required by this Ordinance. 14. The performance of any massage procedure, service or treatment, or a charge for same other than that posted, described and set forth as required by Section 17 of this Ordinance. 15. Violation of any of the sanitary requirements set forth in Section 11 of Ordinance No. 436 . 16. Failure to post services and price list as required by Section 17 of this Ordinance as amended. B. The Euless Chief of Police shall upon revocation of a license issued under this Ordinance, furnish licensee a written statement of the reasons for such revocation upon written request therefor by licensee. Section 3: Section 12 of Euless Ordinance No. 436 entitled "ADMINI'STERIIITG MASSAGE TO PERSON OF OPPOSITE SEX" is amended to provide as follows: It shall be unlawful for any person to administer a massage in a massage parlor or massage establish- ment to any person of the opposite sex except in the visible presence of a third person in the same room or enclosure where massage is performed. Section 4: City of Euless Ordinance No. 436 is further amended by the addition of Section 16 as follows: M910 Section 16 - REGISTRATION OF PATRONS. The holder of a license issued under this Ordinance shall maintain a complete written daily register listing the name and address of each patron as given by such patron and as verified from personal identification papers of such patron. A current Texas driver's license containing descriptive information consistent with the physical characteristics of such patron shall be deemed, for purposes hereof, satisfactory personal identification in verification of the name and address of the patron. It shall be unlawful for any patron to give false identification as to name or address and it shall further be un- lawful for licensee or his employees to knowingly permit a patron to give a false name or address. Such daily register shall be kept and maintained at the licensed establishment and shall be made available to the Chief of Police of the City of Euless or his designated representative for inspec- tion upon request at any time during the hours of operation of such establishment. Section 5: City of Euless Ordinance No. 436 is further amended by the addition of Section 17 as follows: Section 17 - PUBLIC NOTICE AND POSTING OF SERVICES PERFORMED AND CHARGE'S THEREFOR. A licensee under this Ordinance shall cause at all times to be prominently and publicly posted, in writing and numbers of a size of not less than one (1) inch, a detailed list of the various massage procedures, treatment and services per- formed in said massage parlor and massage establish- ment and the respective charge or cost therefor. A copy of such list of services performed and the charges or cost thereof shall be furnished to the Euless Chief of Police, at the time of application for license and thereafter at the time of any change in such services or charges therefor, if any such change be made. Section 6: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent -4- 4 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 7_ Any person violating any provision of this Ordinance shall be guilty of a separate offense for each viola- tion thereof or for each day or portion thereof during which any such violation is continued or permitted, and each offense shall be punishable by a fine of not less than $50.00 and not more than $200.00. Section 8: 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 13th day of February 1973. ATTEST: City Secretary TO FORM: City Attorne APPROVED: ell' ' MAYOR -5-