HomeMy WebLinkAboutOrdinance 77-009 Licensing and regulating massage parlors and bathhousesORDINANCE NO. 77-9
AN ORDINANCE OF THE TOWN OF M~LRANA PROVIDING FOR THE LICENSING AND
REGULATION OF MASSAGE PARLORS AND BATHHOUSES.
BE IT ORDAINED BY THE TOWN COUNCIL OF MARANA, ARIZONA:
Section 1 Definitions
For the purposes of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
A. A~tendant. The employee who administers any of the services of a
bathhouse or massage parlor within the bath or massage rooms.
Bathhouses. An establishment in which is carried on the business of
providing baths smd other forms of hydrotherapy; pro~ided, that the
business of providing sauna baths or shower facilities for patrons
or customers shall not be considered ~dthin the above definition.
Massage ParloE. An establishment in which is carried on the business
of providing any service of manual massage of the human body by an
operator or attendant; provided, that the business of a physical
therapist or the business of providing vibrating, rotary or oscillating
electrical or mechanical massage or body building equipment for the use
and benefit of patrons or customers or the use by such customers of
gymnasium type body building or reduction equipment made available by
the establishment for the use of such customers shall not be considered
within the definition.
Section 2 Licenses--Ro~u~r~d., ....
No person shall operate any bathhouse or massage parlor ~ithout first
~e~uring and havi~g in effect a license so to do issued by the To~.,~ Clerk
or hi:, ~uthor~zed agent.
No person shall perform the services of an attendant in a bathhouse or
message parlor without first securing and havin~ in effect a license so to
do iss~ed by the To~n Clerk or his authorized agent.
No operator of a bathhouse or massage parlor shall permit any person to
act ms an attendant unless such person is a duly licensed attendant.
Section 3 Licenses--Exceptions
No !~cense shall be required under this chapter for ~aturopaths, ehiro-
praclors, osteopathic physicians or ~edical doctors who hold state licenses,
nor sk~l the attendants workin~ under the diract supe~ion an~ in the
s~me esta~]is?u~ent as such ~xqeote~ ~ndivic?ials ~e req~ired to ho!~ a
!~cens~ under this cha~ter.
~3
~ection [~ L[censes--A~?!ication
Each ]!tense under this chapter shall apply for a 2~c~nse annua!!i~ by
app!!ca!ion as if for an oriEina! license. There shall be no automatic
,renewal and authorization by the Town Clerk shaT! be required as in the
case of an original application.
Section [ Lm~enses -~
mNo license "~= for any t~erator of a ..... ho ..... r massage parlor shall
be l~enty-Five Dollars ($~.O0) per monon, and the license fee for an
attendant in either establishment shall be Fifteen Dollars ($1[.OO) per
month. Such fee in each instance shall be paid upon application for the
license, sand if for any reason a license is not issued such fee shall be
deemed an aoplication fee and not returnable to the applicant.
Section 6 Licenses--Prerequisites to.~ssuance
No !ic~mse for the operation of a bathhouse or massage parlor shall
be issued by the Term Clerk er his authorized agent unless and until
a written authorization to so issue has been received frmm the Town
Council. Before a~thorlzing such license, the Town Council shall
first determine the follov~ng:
(1) That the applicant has been a resident of the State at least
ninety (90) days and is over the age of twen~-one(21) years.
That the applicant, including each member of a partnership~ if
the applicant is a partnership, and including the actual manager
of the business, if the applicant is a corporation, is of good
moral character.
That the applicant, if such applicant performs the duties of an
attendant or msna~es or supervises the attendants, is a graduate
of a recognized school of hydrotherapy or physical therep~; or
in lieu thereof, that the applicant proves by at least three
references from reliable sources, capable of judging ability,
that he is competent ~o perform, the duties for which the license
is issued'.
That the applicant, including each of the persons mentioned in
paragraph (2) of this subsection, has provided a recent front-
view photograph of hislface and shoulders and in addition has
his fin~erp, r~nts on file with the Totem Clerk.
That the ~ ~ -~+ ' .
ap~_~a.~ Jncl'cd~n~ e~ch of 5''~ persons mentioned in
paragraph (?) oe this subsection, has first been ex~-mmined by
~nd be~n f s?~? a h~a!t~ certificate by ,*he he~~lth department.
the ~.~cl~nt ~',~.~u~.ine e~ch of the oersons mentioned in
Ne !icanse for the occupation of attendant shall be issued by the
Town Clerk or his authorized agent until a ,~ritten authorization to
issue has been received from the Town Council. Before authorizing
such a licens% the Town Council~ shall first determine the following:
(!) That the applicant is of good moral character~
That the applicant has provided a recent frontview photograph
of his face and shoulders and in addition has had his finger-
prints on file with the Marshal's Office.
(3) That the applicant is over twenty-one (21) years of age.
(h) That the applicant has been ex&mined by and been issued a health
certificate by the health department.
That the applicant is a graduate of a recognized school of
hydrotherapy or physical therapy: Or in lieu thereof that the
applicant proves by at least three references from reliable
sources, capable of judging ability~ that he is competent to per-
form the duties for which the license is issued.
(6) That the applicant has not previously been convicted of any of
the violations of this chapter.
Section 7 Licenses--Revocation
Whenever the Town Council believes that any licensed operator or atten-
dant has violated any of the provisions of this chapter or is not qualified
under this chapter to hold a license, they may order a hearing before a
board composed of the investigating officer, the Town Council and the
licensing official. Such hearing shall be held gta reasonable time and
place designated by the Town Council in written notice to the liceneee.
Following such hearing, the To~ Council shall reduce the finding of
fact to writing, and ~f they dete~nine that the licensee bad violated any
of the provisions of this chapter, or is om. qualified under the provisions
of this chaoter to hold the license in effect, they shall transmit a copy
of such finding to the Tovm Clerk or his authorized agent recommending
revocation and the Town Clerk or his authorized agent shall inmediately
revoke such license.
Should the Tov~ Council, follo,,~ng issuance of a license of either type
provided for in this chapter by the Town Clerk or his authorized agent,
learn from a reliable source that the app!ican% at any tim% has been
convicted of hav~ng committed a lewd or indecent act, he shall immediately
notify the Town Clerk or his authorized agent who shall forthwith cancel
the license.
k con'F_ction ~or ~6!kticn of any of the provisions of th~s cha~ter shall
constitute sufficient cause for i-~ediate revocation of the license of
such constitute sufficient cause for immediate revocation of the license
o~ suc~ !icens~e, ~oon rec,?rmendetio~ hZ the Tc'~m Council,
3b~
of ~!a.',a~ent of New ~ ~ ~ ·
The o~eratcr of each bat'finouse or massage parlor shall keep and maintair_
u~-to~date a register of all employees, including, in addition to the
~mp!oT;ee's name, his address~ ege, sex, race, duties smd re:ch other in-
foliation as the To'~m Council may reasonab!Tf require. Upon hiring an.7~
attendant~ the operator shall i~ediately notify the Tc~m Council in
writing and shall include in such noqice the sims info,orion rsculred
to be in the register.
Section 9 Certain Services and Operation~ ~ohi~ited
No bathhouse or massage parlor shall:
(1) Provide treatment at the same time to persons of the opposite
sex in the same room and quarters;
Provide ~o any person at any time, services which the health
officer may reasonably consider to be clearly ds~n~erous to
health or sa:e y~
(3) Provide to any person, at ~ny time, ~ny service whlch is con-
trary to commonly accepted standards of morality;
(h) Remain open or provide services, at any time, between the hours
of 12:00 o'clock Midnight and 6:00 o'clock a.m.
Section 10 Right of Entry, and Inspection, of Enforseme~ Officials
Any bathhouse or massage parlor, and its equipment, records and methods of
operation, shall be open at reasonable hours %o inspection by representati+es
of the Marshal's Office or police officials, building inspections department
or the health officer. The health officer and the Town Council shall
assign qualified personnel to make regular inspections of licensees and
a report of such insoections shall be made to the Town Council in writing.
No inspector shall enter a room or imm~di&te quarters wherein a person of
the sex opposite to that of the inspector is mndergoin~ treatment or
receiving service.
Section 11 Emer~enc? Clause
Whereas the im~mediate operation of the provisions of this ordinance is
necessary for the preservation of t~e public peace, health and safety ce
the Totem of Marana, an emergency if hereby declared to exist, mad this
ordinance shall be in full force amd effect from and after its passage,
adoption and a~proval by the Town Council of Maraud.
Passed and adopte! b?,, +*¢~.,,.~ ~'~,-,~_,'m,;., _. 00~:~¢"~, .~ ~ of the Town of Ms.r~n~, Arizon~
~his 6th da*/- of Sept. ~ lO77.
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