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HomeMy WebLinkAboutOrdinance 95.23 Repealing and establishing massage therapist and establishment documents ~'" ORDINANCE NO. 95.23 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, ADOPTING THAT CERTAIN DOCUMENT ENTITLED "MASSAGE THERAPISTS AND ESTABLISHMENTS", AND REPEALING ORDINANCES IN CONFLICT THEREWITH. WHEREAS, the Town Council of the Town of Marana did on September 6, 1977 adopt Ordinance No. 77.09 which was amended on November 7, 1989 by Ordinance No. 89.31, said ordinance regulating massage parlors and bathhouses; and WHEREAS, the Town Council has determined that it is in the best interests of the Town of Marana to replace the Ordinance No. 77.09, as amended by Ordinance No. 89.31 and repeal those ordinances in conflict therewith. NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Town of Marana Arizona, as follows: - SECTION 1. That certain document entitled "Massage Therapists and Establishments" , three copies of which are on file in the office of the town clerk of the Town of Marana, Arizona, said document having been made a public record by Resolution No. 95-52 of the Town of Marana, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. SECTION 2. Ordinance No. 77.09 and Ordinance No. 89.31 are hereby repealed. SECTION 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance 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. - Marana, Arizona Ordinance 95.23 Page 1 of 2 ,~ PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona this 19th day of September, 1995. 'f. fJ ' . ....' /( ~ .~.~ ED HONEA, MAYO . ::-~: ----- Daniel J. Hochuli, Town Attorney .,~ Marana, Arizona Ordinance 95.23 Page 2 of 2 - Article 9-5 MASSAGE THERAPISTS AND ESTABLISHMENTS 9-5-1 9-5-2 9-5-3 9-5-4 9-5-5 9-5-6 9-5-7 9-5-8 9-5-9 9-5-10 9-5-11 9-5-12 9-5-13 9-5-14 9-5-15 9-5-16 Section 9-5-1 - Definitions License required License exceptions License application; Fees License: Application investigation License: Special requirements Display of License License: Prerequisites to issuance License revocation Change of location or employment Sale, transfer or expansion Register of employees; Notice of new attendant Prohibition of certain services and operations Right of entry and inspection by enforcement officials Applicability to existing businesses Advertising practice of massage Definitions In this article, unless the context otherwise requires, the following words and phrases shall be construed as follows: A. MASSAGE THERAPY: A health care service involving the external manipulation or pressure of soft tissue (muscles, tendons, ligaments) for therapeutic purposes. Massage therapy includes, but is not limited to effleurage, petrissage, tapotement, tapping, compression, application of direct pressure, vibration, friction, nerve strokes, or movements by manual or by electrical, mechanical or vibratory apparatus. B. MASSAGE THERAPIST: A person who has attended a recognized school of massage and has studied the underlying principles of anatomy and physiology, the theory and practice of massage therapy, including its indications and contraindications, and the basic principles of hydrotherapy. A person represents him/herself as a massage therapist when the person adopts or uses any title or description of services that incorporates one or more of the following terms or designations: massage practitioner, therapist, technician, massagist, masseur, masseuse, therapeutic massage, massage technology, myotherapist or myotherapy, touch therapist, massage therapy, colon therapist/colonies, physiotherapist, or any derivation of those terms that imply a massage technique or method. 1 ...-...., C. MASSAGE ESTABLISHMENT: A place of business wherein any of the methods listed in subsection (B) are administered or practiced for compensation or from which is dispatched a person for administering or practicing massage therapy, and includes an establishment providing baths and other forms of hydrotherapy, provided that the business of providing sauna baths or shower facilities for patrons or customers shall not be considered within this defmition. A massage establishment must comply with building and safety codes, fire codes, and health codes as established by Pima County and the Town of Marana. D. RECOGNIZED SCHOOL OF MASSAGE: An institution of learning which teaches the theory, practice, application, and ethics of massage therapy, anatomy and physiology, and basic hydrotherapy. The institution must offer a residential course of study and require no less than 500 hours of classroom instruction and training, issue a certificate or diploma upon successful completion of the course of study, and provide an official transcript. If located within the State of Arizona, such an institution must be licensed by the State Board of Private Technical and Business Schools. E. ATTENDANT: Any employee who administers any of the servIces of a massage establishment within the bath or massage rooms. Section 9-5-2 License Required - A. It shall be unlawful for any person, association, firm or corporation to operate a massage establishment without first obtaining and maintaining a massage establishment license as required by this article. B. It shall be unlawful for any person to practice or administer any subject or method of treatment listed in section 9-5-1 without first obtaining and maintaining a massage therapist license as required by this article. C. It 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 un suspended massage therapist license as required by this article. D. It 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. - 2 Section 9-5-3 License Exceptions No license shall be required under this article for: A. Naturopaths, chiropractors, physical therapists, osteopathic physicians or medical doctors who hold state licenses, nor shall the attendants working under the direct supervision and in the same establishment as such excepted individuals be required to hold a license under this article. B. Persons employed as athletic trainers for any bona fide athlete or athletic team, while acting within the scope of that employment. Section 9-5-4 License Application; Fee Each licensee under this article shall apply for a license annually by application either by following the procedure for an original license, or by filing an affidavit stating that the information contained on their most recent application is currently true and correct. There shall be no automatic renewal of the license by the town clerk. Fees shall be required upon original application and annually thereafter. A. Any person, association, firm or corporation desiring to obtain a massage establishment license shall apply to the town clerk, who shall refer each such application to the chief of police for investigation of the veracity of the information contained therein. Any corporation or firm making application must do so through an agent who shall be a natural person and meet the qualifications for licensure. An applicant for a massage establishment license shall submit the following: ,.,.;.i''''-' (1) The full legal name and current residence address of the applicant; (2) Any name by which the applicant has been known during the previous five (5) years; (3) The address at which applicant desires to do business; (4) Written proof that the applicant is over the age of eighteen (18) years; (5) The applicant's height, weight, hair and eye color; (6) A portrait photograph, at least two (2) inches square in size, taken within the previous six (6) months; (7) The employment history of the applicant during the previous five (5) years; 3 - "..41....._ A......... (8) The business history of the applicant, and whether the applicant has had a business license revoked or suspended, the reason therefor, and the business activity engaged in which was subject to such suspension or revocation; (9) All felony and misdemeanor convictions of the applicant, excluding those for civil traffic offenses, and the grounds for such convictions; (10) The applicant's complete fingerprints, if needed by the police department; (11) The names and copies of all licenses of all employees to be employed as massage therapists; (12) Such other identification and information as the police department may require in order to confirm the facts of the matters above; (13) Each application for a massage establishment license shall be accompanied by a one hundred dollar ($100.00) fee. Such fee in each instance shall be paid upon application for the license, and if for any reason a license is not issued, such fee shall be deemed an application fee and not returnable to the applicant. B. Any person desiring to obtain a massage therapist license shall apply to the town clerk, who shall refer each such application to the chief of police for investigation of the veracity of the information contained therein. A license for a sole massage therapist practicing alone, shall suffice as a combined therapist/establishment license for that person. A massage therapist application shall include all of the information required pursuant to section 9-5-4 (A), above, and additionally: (1) A summary of the applicant's education, training and experience in the administration and practice of the subjects and methods listed in section 9-5-1, including their diploma or certificate, and official transcript from a recognized school of massage; (2) A certificate from a health care provider stating that the applicant has, within thirty (30) days immediately prior thereto, been examined and found to be free of any contagious or communicable disease; (3) The application for a massage therapist license shall be accompanied by a fifty dollar ($50.00) fee. Such fee in each instance shall be paid upon application for the license, and if for any reason a license is not issued, such fee shall be deemed an application fee and not returnable to the applicant. 4 . -- Section 9-5-5 License application investigation Any applicant for a license pursuant to these provisions shall present the application containing the information required by section 9-5-4 to the town clerk. The police department shall have a reasonable time in which to investigate the veracity of the information on the application. The police department shall report the findings of such investigation to the town clerk. Section 9-5-6 License; special requirements A. No massage establishment license shall be issued or renewed unless inspection by the town building inspector or his/her designee indicates the site of the establishment complies with each of the following minimum requirements: (1) Compliance with all applicable state, county, and town laws; (2) Adequate equipment shall be provided for disinfecting and sterilizing instruments used in administering or practicing any of the subjects or methods of treatment listed in section 9-5-1; .~ (3) Hot and cold running water, tempered by means of a mixing valve faucet, shall be provided at all times; (4) Closed cabinets shall be provided, and used, for the storage of clean linens; (5) Adequate dressing and toilet facilities shall be provided for patrons. One dressing room (may be the same as the massage treatment room), one toilet and one wash basin shall be provided by every massage establishment with one (1) to three (3) treatment rooms. Another toilet and wash basin must be provided when there are four (4) or more treatment rooms in an establishment. A minimum of one (1) shower or tub shall be provided for any establishment offering colon therapy, colonics or any hydrotherapy services such as whirlpool baths, saunas, steam baths, herbal wraps, etc. Each dressing room/treatment room shall contain a locker for each patron to be served, which locker shall be capable of being locked; (6) All showers, bathtubs, steam rooms, toilets and wash basins shall be thoroughly cleaned each day business is in operation and in good repair and maintained in a clean and sanitary condition. Shower compartments and bathtubs, where provided, shall be thoroughly cleaned after each use. (7) Clean and sanitary sheets and towels shall be provided for each patron of the - 5 . establishment. The head rest of each table shall be provided with a clean and sanitary covering for each patron; (8) A hand wash basin shall be provided in each treatment room providing colon therapy, colonies, or hydrotherapy services such as whirlpool baths, saunas, steam baths, or herbal wraps. (B) In the event that a massage establishment is located in a private residence, the following additional requirements must be met: (1) A separate room that is not used as a living space must be provided; (2) Only one massage treatment room within a residence is permitted; (3) Toilet and wash basin facilities shall be located on the same floor as the massage treatment room and shall be easily accessible to the massage treatment room.; (4) A massage establishment shall be separated from the residence by complete partitioning and doors; and (5) All other guidelines outlined in this section shall be complied with. - Section 9-5-7 Display of license Every person, association, firm or corporation to whom a license has been granted shall display the 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. The town building inspector or his designee may inspect all places of business subject to the provisions of this article, and shall report all violations to the town clerk. Section 9-5-8 License: Prerequisites to Issuance No license for the operation of a massage establishment shall be issued by the town clerk or his/her authorized agent unless and until he/she has received notice from the chief of police and the town building inspector or their designees that the applicant has fully complied with the requirements listed in sections 9-5-2, 9-5-4, and 9-5-6, and has determined that the applicant is not in breach of any of the grounds for revocation of section 9-5-9. "--, 6 " " Section 9-5-9 License Revocation A. The license of a massage therapist or of a massage establishment may be revoked, suspended or denied by the town clerk upon anyone (1) or more of the following grounds: (1) 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) The licensee has been convicted within the last five (5) years in a court of competent jurisdiction of a felony or of any offense involving moral turpitude. (3) The licensee is guilty of untrue, fraudulent, misleading or deceptive advertising; (4) The licensee is guilty of willful negligence in the business of massage therapy; (5) The licensee is engaged in the business of massage therapy or massage therapy establishment under a false or assumed name, or is impersonating another practitioner; <".,~ (6) The licensee has engaged in the unlawful practice of any of the healing arts subject to Arizona state licensing, except massage as defined in this article. (7) The licensee has violated any other the provisions of this article. B. A licensee whose licence is revoked or suspended may request a hearing as provided in sections 9-1-13, and 9-1-14 of Ordinance 93.02. Section 9-5-10 Change of location or employment A. A massage establishment licensee must notify the town clerk within fifteen (15) days of any change in location of either his/her massage establishment, or any change of massage therapists operating from that location. Any change must be approved by the town clerk or his/her designee to verify that applicable ordinances and regulations of the town are complied with. B. A massage therapist licensee must notify the town clerk within fifteen (15) days of any change in his/her place of employment, or place of dispatch for massage therapy services. 7 ,- Section 9-5-11 Sale, transfer or expansion A. Upon the sale or transfer of a substantial interest in a massage establishment, the license therefor shall be null and void, unless the transaction was approved in advance by the town clerk, under the application procedure as outlined in section 9-5-4. A new application shall be made by any person, association, firm or corporation desiring to own or operate the establishment. B. Any such sale or transfer of any interest in an existing massage establishment, or any enlargement or expansion of the place of business of a massage establishment, shall require inspection and compliance with section 9-5-6. Section 9-5-12 Register of Employees; Notice of New Attendant The operator of each massage establishment shall keep and maintain an up-to-date register of all employees including the following; the employee's name, his/her address, age, sex, duties and such other information as the town clerk may reasonably require. Upon hiring any attendant, the operator shall immediately notify the town clerk in writing and shall include in such notice the same information required to be in the register. Section 9-5-13 Prohibition of Certain Services and Operations ~_. No massage establishment shall: A. Allow treatment of multiple persons in the same room at the same time. B. Provide to any person, at any time, services which may be reasonably considered to be clearly dangerous to health or safety. C. Remain open or provide services, at any time between the hours of 12:00 midnight and 6:00 a.m. Section 9-5-14 Applicability of regulations to existing businesses The provisions of this article shall apply to all activities regulated by this article, and such persons and businesses described herein, whether such activities were commenced before or after the effective date of this article. F:\WPIDMH\MASSAGE. ....- 8