ORD 277 02/21/1980ORDINANCE NO. a.77
AN ORDINANCE REGULATING THE MASSAGE BUSINESS AND
MASSEURS, PROVIDING FOR PERMITS; ESTABLISHING HEALTH
AND SANITATION REQUIREMENTS; ESTABLISHING HOURS OF
OPERATION; PROVIDING FOR A PENALTY FOR ANY VIOLATION
BY FINE OF NOT MORE THAN $ a 0 g. w AND BY SUSPENSION
OR REVOCATION OF THE ESTABLISHMENT'S OPERATING PERMIT;
AND PROVIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS:
1. DEFINITIONS.
Unless the particular provision or the context otherwise requires,
the definitions and provisions contained in this section shall govern the
construction, meaning, and application of words and phrases used in this
article.
a. EtTloyee means any person over eighteen (18) years of age, other
than a masseur, who renders any service in connection with the operation of
a massage business and receives compensation from the operator of the bus-
iness or patrons.
b. Massage means any method of treating the superficial parts of a
patron for medical, hygienic, exercise, or relaxation purposes by rubbing,
pounding, vibrating, or stimulating with the hands, feet or any instrument.
c. Masseur means any person who engages in the practice of massage
as herein defines. The use of the masculine gender in this article shall
include in all cases the feminine gender as well.
d. Patron means any person over eighteen (18) years of age who re-
ceives a massage under such circumstances that it is reasonably expected
that he or she will pay money or give any other consideration therefor.
2. PERMIT REQUIRED.
a. Business permit required. No persons shall engage in or carry
out the business of massage unless he has a valid massage business permit
issued by the city pursuant to the provisions of this article for each and
separate office or place of business conducted by such person.
b. Masseur's permit required. No person shall practice massage as
a masseur, employee or otherwise, unless he has a valid and subsisting
masseur's permit issued to him by the city pursuant to the provisions of
this article.
3. APPLICATION FOR MASSAGE BUSINESS PERMIT.
Any person desiring a massage business permit shall file a written
application with the police chief on a form to be furnished by the police
chief. The applicant shall accompany the application with a tender of the
correct permit fee as hereinafter provided and shall, in addition, furnish
the following:
1. The type of ownership of the business, i.e., whether individual,
partnership, corporation or otherwise;
2. The name, style and designation under which the business or prac-
tice is to be conducted;
3. The business address and all telephone numbers where the business is
to be conducted;
4. A complete list of the names and residence addresses of all masseurs
and employees in the business and the name and residence addresses
of the manager or other person principally in charge of the operation
of the business;
5. The following personal information concerning the applicant, if an
individual; and concerning each stockholder holding more than ten
percent (10%) of the stock of the corporation, each officer and each
director, if the applicant is a corporation; and concerning the part-
ners, if the applicant is a partnership; and the holder of any lien, of
any nature, upon the business and/or the equipment used therein; and
concerning the manager or other person principally in charge of the
operation of the business:
a. Name, complete residence address and residence telephone numbers;
b. The two (2) previous addresses immediately prior to the present
address of the applicant;
c. Written proof of age;
d. Height, weight, color of hair and eyes, and sex;
e. Two (2) front -face portrait photographs taken within thirty (30)
days of the date of the application and at least two (2) inches
in size.
f. The massage or similar business history and experience ten (10)
years prior to the date of application, including but not limited
to whether or not such person in previously operating in this or
another city of state under license or permit has had such license
or permit denied, revoked, or suspended and the rea-son therefor,
and the business activities or occupations subsequent to such
action of denial, suspension or revocation.
g. All criminal arrests other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which arrested and the of-
fense for which arrested and the disposition thereof.
h. A complete set of fingerprints taken and to be retained on file
by the police chief or his authorized representatives;
6. Such other information, identification, and physical examination of
the person as shall be deemed necessary by the police chief to dis-
cover the truth of the matters hereinbefore required to be set forth
in the application;
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7. Authorization for the city, its agents and employees to seek inform-
ation and conduct an investigation into the truth of the statements set
forth in the application and the qualifications of the applicant for
the permit;
8. The names and addresses of three (3) adult residents of the county who
will serve as character references. These references must be persons
other than relatives and business associates.
9• Written declaration by the applicant, under penalty of perjury, that
the foregoing information contained in the application is true and
correct, said declaration being duly dated and signed in the city.
4. APPLICATION FOR MASSEUR'S PERMIT.
Any person desiring a masseur's permit shall file a written application with
the police chief on a form to be furnished by the police chief. The applicant
shall tender with the application the correct permit fee as hereinafter provided
and shall in addition, furnish the following;
1. The business address and all telephone numbers where the massage is to
be practiced.
2. The following personal information concerning the applicant:
a. Name, complete residence address and residence telephone numbers.
b. The two (2) previous addresses immediately prior to the present
address of the applicant.
c. Written proof of age.
d. Height, weight, color of hair and eyes, and sett.
e. Two (2) front -face portrait photographs taken within thirty (30)
days of the date of application and at least two (2) inches by
two (2) inches in size.
f. The massage or similar business history and experience ten (10)
years prior to the date of application, including but not limited
to whether or not such person in previously operating in this or
another city or state under license or permit has had such license
or permit denied, revoked, or suspended and the reason therefor,
and the business activities or occupations subsequent to such action
of denial, suspension or revocation.
g. All criminal arrests other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which arrested, and the offense
for which arrested and the disposition thereof.
h. A complete set of fingerprints taken and to be retained on file by
the police chief or his authorized representatives.
i. A current valid health card issued by the San Antonio Health District.
3. Such other information, identification, and physical examination of the
person deemed necessary by the police chief in order to discover the
truth of the matters hereinbefore required to be set forth in the
application.
4. Authorization for the city, its agents and employees to seek inform-
ation and conduct an_ investigation into the truth of the statements
set forth in the application and the qualifications of the applicant
for the permit.
5. A certified photocopy and the applicant's grade record from an instit-
ution of highter learning accredited by the American Physical Therapy
Association to offer degree programs in physical therapy or assistant
physical therapy certifying the completion of a course of three semester
hours of applied anatomy and physiology.
6. Written declaration by the applicant, under penalty of perjury that the
foregoing information contained in the application is true and correct,
said declaration being duly dated and signed in the city.
5. APPROVAL BY POLICE CHIEF.
Upon receiving the application for a massage business or masseur's permit,
the police chief shall conduct an investigagation into the applicant's moral
character and personal and criminal history. The police chief may, in his
discretion, require a personal interview of the applicant, and such further
information, indenti£ication and physical examination of the person as shall
bear on the investigation.
In the case of applications for massage business permits, the police chief
shall cause to be conducted an investigation of the premises where the massage
business is to be carried on, for the purposes of assuring that such premises
comply with all the sanitation requirements as set forth in this article and with
the regulations of public health, safety and welfare.
Before any permit shall be issued under this article, the police chief shall
first sign his approval of the application.
6. ISSUANCE OF MASSAGE BUSINESS PERMIT.
The police chief shall issue a massage business permit within thirty (30)
days of receipt of the Application unless he finds that:
a. The correct permit fee has not been tendered to the city, and, in the
case of a check, or bank draft, honored with payment upon presentation;
b. The operation, as proposed by the application, if permitted, would not
comply with all applicable laws, including, but not limited to, the
city's building, zoning and health regulations;
c. The applicant, if an individual, or any of the stockholders holding
more than ten (10) per cent of the stock of the corporation, any of
the officers and directors, if the applicant is a corporation, or any
of the partners, including limited partners, if the applicant is a
partnership, or the holder of any lien., of any nature, upon the
business and/or the equipment used therein; and the manager or other
person principally in charge of the operation of the business, have
been convicted of any felony or a misdemeanor involving moral turpi-
tude unless such conviction occurred at least five (5) years prior to
the date of the application;
d. The applicant has knowingly made any false, misleading or fraudulent
statement of fact in the permit application or in any document requir-
ed by the city in conjunction therewith;
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e. The applicant has had a massage business, masseur, or other simi-
lar permit or license denied, revoked or suspended by the city or
any other state or local agency within five (5) years prior to the
date of the application;
f. The applicant, if an individual, or any of the officers and direct-
ors, if the applicant is a corporation, or any of the partners, in-
cluding limited partners, if the applicant is a partnership, and
the manager or other person principally in charge of the operation
of the business, is not over the age of eighteen (18) years.
7. ISSUANCE OF MASSEUR'S PERMIT.
The police chief shall issue a masseur's permit within fifteen (15)
days of receipt of the application unless he finds that:
a. The correct permit fee has not been tendered to the city, and,
in the case of a check or bank draft, honored with payment
upon presentation;
b. The applicant has been convicted of a crime involving moral
turpitude, unless such conviction occured at least five (5) years
prior to the date of the application;
c. The applicant has knowingly made any false, misleading or fraud-
ulent statement of fact in the permit application or in any doc-
ument required by the city in conjunction therwith;
d. The applicant has had a massage business, masseur or other similar
permit or license denied, or suspended by the city or any other
state or local agency within five (5) years prior to the date of
application
e. The applicant is not over the age of eighteen (18) years.
8. DISPIAY OF PERMITS.
The massage business permittee shall display his permit and that of
each and every masseur employed in the establishment in an open and conspicuous
place on the premises of the massage business.
9• FEES.
The permit fee for a massage business shall be one hundred ($100.00)
per year. The permit fee for masseurs shall be ten dollars ($10.00) per year.
Both such permits shall expire one year from the date of issue.
SEPARATE LOCATIONS.
Should any massage business have more than one location where the
business of massage is pursued, then a permit, stating both the address of the
principal place of business and of the other location (s) shall be issues by
the chief of police upon the tender of a permit fee of seventy-five dollars
($75.00). Permits issued for other locations shall terminate on the same date
as that of the principal place of business, regardless of the date of issuance.
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11. RETURN OF FEE.
No portion of any fee collected under this article shall be returned
after a permit has been issued.
12. MASSAGING PERSON OF OPPOSITE SEX.
It shall be unlawful for any person in a massage establishment to
massage any person of the opposite sex. It shall be a defense, however, to
any person charged with violating this section that the person massaged was
referred, in writing signed by a licensed physician, to that particular masseur,
masseuse, or massage establishment for massage for medical purposes.
13. SUSPENSION OF PERMITS.
Any massage business or masseur's permit issued under this article
shall be subject to suspension for a period not to exceed thirty (30) days for
an initial violation of any of the following sections, namely: Paragraphs 12,
14 and 16 through 22. Upon a second conviction under the provisions of the
above sections or for a violation of any other provision of this article, or
upon any grounds that would warrant the denial of issuance of such permit in
the first place, any massage business or masseur's permit shall be subject to
suspension of not less than thirty (30) days or revocation by the police chief.
Notice of such suspension or revocation shall be given to the massage
business or masseur's permit holder in writing, with the reason (s) for such
suspension or revocation specified in such notice, served `"ither by personal
service of such notice upon the permit holder, or in the case of a massage
business, by posting such notice upon the establishment. The suspension or
revocation shall become effective the day following personal service or post-
ing of the notice of suspension or revocation.
The permittee shall have ten (10) days from the date of such suspen-
sion in which to file notice with the city clerk of his appeal to the city
council from the order of the police chief. The city clerk shall provide for
a council hearing on such appeal at the earliest convenient regular council
meeting and shall notify the appellant and the polite chief of the date of
such council hearing. After holding hearing on such suspension or revocation,
the council shall by majority vote either sustain the actions of the police
chief or issue an order to the police chief to reinstate the permit.
In the event of the filing of an appeal from a suspension or revoca-
tion issued under the provisions of this article, then, until such appeal has
been determined by the city council, such suspension order shall be stayed.
If the city council sustains a suspension, then the suspension shall
sun from the date of such city council action. Appellant shall, however, be
given credit for the number of days, if any, that the establishment was closed
because of the suspension, but prior to appeal.
1Li. KEEPING OF RECORDS.
Every person who operates a massage business or practices or provides
a massage shall at all times keep an accurate appointment book (s) in which the
name, age and current address of each and every patron shall be entered, together
with the time, date and place of service, and the service provided. Every patron
shall furnish proof of identity by showing a valid driver's license, voter
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registration
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registration certificate or similiar identification, upon the request of one who
operates a massage business or practices or provides a massage when such request
is for the purpose of maintaining the accuracy of that persons appointment book.
Such appointment book shall be available at all times for inspection by the
police chief or his authorized representatives. The appointment book shall be
kept throughout the permit year and shall be turned in to the chief of police
or his authorized representative upon application for renewal of a permit under
the provisions of this article. Suc h appointment book shall be returned to the
massage business operator upon the issuance or denial of a new permit.
15. TRANSFER. PROHIBITED.
No massage business and masseur permits P
4& transferable, separate or
divisible, and such authority as a permit confers shall be conferred only on
the permittee named therein.
16. SANITATION AND HEALTH REQUIREMENTS.
All premises used by permittees hereunder shall be periodically inspect-
ed by the police chief or his authorized representative for safety of structure
and adequacy of plumbing, ventilation, heating and illumination. Floors shall
be free from any accumulation of dust, dirt or refuse. Well marked toilet and
handwashing facilities for permittees, employees, and patrons shall be provided.
All walls, ceilings, windows and doors shall be free of dust, dirt, refuse and
mold. In high humidity areas, including toilet rooms, shower rooms, steam rooms,
locker rooms and other such rooms, the walls, ceiling and floors shall be con-
structed or covered with a material that is smooth, nonabsorbent, and easily
cleaned.
Towels, cloths and sheets shall not be used for more than one patron.
Heavy, white paper may be substituted for sheets provided that such paper is
changed for every patron. Soiled linens and towels shall be stored in a clearly
marked, covered receptacle and shall not be reused prior to laundering. Any
individual performing any duties at a massage business that may bring them into
contact with patrons of the business or with the towels, cloths, sheets, or
paper, if such is substituted for cloth, shall have a current valid health card
issued by the San Antonio Metropolitan Health on his person at all times during
business hours. No animals shall be permitted within a massage business at any
time.
All equipment used for the treatment of patrons shall be kept in a
clean and sanitary condition, and said equipment shall be kept in a good and
safe state of repair at all times.
Male masseurs shall wear all white slacks and shirt; and female
masseurs shall wear all white dress er'.all white slacks and blouse while
engaged in the treatment of a patron. An all white surgical gown or smock
may be substituted. Said clothing shall at least cover the masseur's pubic
area, perineum, buttocks, natal cleft and entire chest to four inches below
the collarbone. The masseurs clothing shall be kept clean at all times, and
soiled clothing shall not be worn during the treatment of a patron. No masseur
shall massage a patron whose genitals are exposed during the treatment; and no
patron of -a massage business shall knowingly expose his genitals during a massage
to a masseur.
No massage service or practice shall be carried on within any cubicle,
room, booth, or any area within a massage establishment which is fitted with a
door capable of being locked. All doors or doorway coverings within a massage
establishment shall have an unobstructed opening six (6) inches by six (6) inches
in size capable of clear two-way viewing into and out of all cubicles, rooms or
booths. Said opening shall be not less than four and one-half (L-- feet from the
floor of the establishment nor more than five and one-half (51� feet from the
floor. Toilets and cubicles used solely for the application of liquid and vapor
baths shall have no such opening in the covering door or curtain, but shall be
clearly marked as to purpose on the exterior door or curtain of said cubicle,
room or booth. Nothing contained herein shall be construed to eliminate other
requirements of statute or ordinance concerning the maintenance of premises,
nor to preclude authorized inspection thereof, whenever such inspection is
deemed necessary by the police or health department.
17. SUPERVISION.
A permittee shall have the premises supervised at all times when open
for business. Any business rendering massage services shall haveone person who
qualifies as a masseur on the premises at all times while the establishment is
open. The permittee shall personally supervise the business, and shall not vio-
late or permit others to violate, any applicable provision of this article.
The violation of any such provision by any agent or employee of the permittee
shall constitute a violation by the permittee.
18. PERSONS UNDER AGE EIGHTEEN PROHIBITED ON THE PREMISES.
No person shall permit any person under the age of eighteen (18)
years to come or remain on the premises of any massage business establishment,
as masseur, employee, or patron, unless such person is on the premises
on lawful business.
19. ALCOHOLIC BEVERAGES PROHIBITED.
No person shall sell, give, dispense, provide or keep or cause
to be sold, given dispensed, provided or kept, any alcoholic beverage on
the premises of any massage business.
20. HOURS.
No massage business shall be kept open for any purpose between
the hours of 10:00 P.M. and 8:00 A.M.
21. ENTRANCES, EXITS.
No massage business shall have an entrance or exit way providing
a direct passageway to any other type of business, residence or living
quarters.
22. ACCESS.
All massage establishments operating under the authority of this
article article are declared to be public places, and shall not, during
business hours, have the doors to the exits and entrances of such establish-
ments locked or obstructed in any way so as to prevent free ingress and
egress of persons; provided, however, such doors may be closed.
23. PENALTY.
Any person who shall violate any Provision of this article shall
be deemed to be guilty of a misdemeanor and shall upon conviction be
punished by a fine not exceeding two hundred dollars ($200.00).
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24. EXCEPTIONS
The provisions of this article shall not apply to hospitals,
nursing homes, sanitariums, or persons holding an unrevoked certificate
to practice the healing arts under the laws of the state, or persons work-
ing under the direction of any such persons or in any such establishment,
nor shall this article apply to barbers, cosmetologists, physical therapists,
assistant physical therapists or athletic trainers, lawfully carrying out their
particular profession or business and holding a valid unrevoked license or
certificate of registration issued by the state.
25. SEVERABILITY.
If any provision, section, sub -section, sentence, clause or phrase of
this ordinance is for any reason held to be unconstitutional, void or invalid,
or for any reason unevforceable, the validity of the remaining portions of
this ordinance shall not be effected thereby.
26. EKERGENCY PASSAGE OF ORDINANCE.
The fact that it is to the best interest of the City of Cibolo to establish
and pass this ordinance at the earliest possible date constitutes and creates an
emergency and necessity requiring that this ordinance be passed and take effect
as an emergency, and that any rule requiring ordinances to be read more than one
time or at more than one meeting be suspended, and any such relues are hereby
suspended and this ordinance is accordingly passed as an emergency and shall take
effect and be in force from and after its passage.
PASSED AND APPROVED THIS THE / DAY OF� 1980.
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ATTEST:
BARBARA L. GLENEWINKEL,
CITY SECRETARY