HomeMy WebLinkAboutResolution 2011-015 amendments to title 9 of the town code relating to business regulations MARANA RESOLUTION NO. 2011-15
RELATING TO BUSINESS REGULATIONS; DECLARING THE AMENDMENTS TO
MARANA TOWN CODE TITLE 9 "BUSINESS REGULATIONS ", ADDING NEW
CHAPTER 9 -4 ENTITLED "MASSAGE ESTABLISHMENTS ", REGULATING MASSAGE
ESTABLISHMENTS, ESTABLISHING LICENSING REQUIREMENTS AND RELATED
FEES, ESTABLISHING REQUIREMENTS FOR MASSAGE ESTABLISHMENT
FACILITIES, DESIGNATING UNLAWFUL ACTIVITIES AND ESTABLISHING CRIMINAL
PENALTIES FOR VIOLATIONS, AS A PUBLIC RECORD FILED WITH THE TOWN
CLERK
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amendments to the Marana Town Code Title 9 "Business
Regulations," adding Chapter 9 -4 entitled "Massage Establishments ", a copy of which is attached
to and incorporated in this resolution as Exhibit A and three copies of which are on file in the
office of the Town Clerk, is hereby declared to be a public record and ordered to remain on file
with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 15' day of February, 2011.
Mayor Ed Honea
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EXHIBIT A TO MARANA RESOL UTION NO. 2011-15
Amendment to the Marana Town Code, Title 9 "Business Regulations, " addition
of Chapter 9 -4 "Massage Establishments " pursuant to Marana
Ordinance No. 2011.01
SECTION 1. Title 9 "Business Regulations" of the Marana Town Code is hereby
revised by adding new Chapter 9 -4, as follows:
CHAPTER 9 -4 MASSAGE ESTABLISHMENTS
Section 9 -4 -1 Purpose and intent
It is the purpose and intent of this chapter to enhance the professionalism of the
massage service industry, to protect the health and safety of the public and to
assure the integrity of the massage service industry by reducing unprofessional
practices.
Section 9 -4 -2 Definitions
The following definitions shall apply throughout this chapter unless the context
clearly indicates otherwise.
A. "Applicant" means a person who applies for a manager license or a massage
establishment license.
B. "Client" means an individual who enters into an agreement for massage
therapy for a fee, income or compensation of any kind.
C. "Controlling person" means any individual who has a twenty percent (20 %) or
greater interest in the ownership or the earnings of the business.
D. "Designated agent" means the individual designated by the applicant who will
be the responsible party to receive town notices pursuant to this chapter.
E. "Employ" means to hire, or to engage or authorize the services of, without
regard to compensation, any individual, on a full -time, part-time, or contract
basis, whether or not the person employed, hired or engaged is designated an
employee, independent contractor, or sublessee.
F. "Employee" means any person who performs any service at a massage facility
on a full -time, part -time or contract basis, whether or not the person is
designated an employee, independent contractor, or sublessee. Employee
does not include a person exclusively at the massage facility for repair or
maintenance of the massage facility or for the delivery of goods to the
licensee.
G. "Knowingly" means with respect to conduct or a circumstance described by
this chapter, that a person is aware or believes that his or her conduct is of
that nature or that the circumstance exists. It does not require any knowledge
of the unlawfulness of the act or omission.
H. "Licensee" means the person who receives a massage establishment license
or manager license, and in whose name a license has been issued by the
license inspector pursuant to this chapter.
I. "Manager" means an individual authorized by the massage establishment
licensee to exercise overall operational control of the business, to supervise
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employees, or to fulfill any of the functions required of a manager by this
chapter.
K. "Massage or touching techniques" means any of the following named subjects
and methods of treatment intended for use upon or in connection with the
human body: oil rubs; alcohol rubs; salt glows; hot or cold packs; tub, shower,
table or cabinet baths; herbal wraps; and touching procedures upon the
external parts of the body by use of the hands, forearms, elbows, knees or
feet, or by any electrical, mechanical or vibratory apparatus, including
stroking, friction, kneading, rolling, vibrating, cupping, petrissage, rubbing,
effleurage and tapotement.
L. "Massage establishment" means any place of business or establishment
where any of the subjects or methods of treatment listed in paragraphs K or N
are administered, practiced or used, or from which is dispatched a person for
the purpose of administering, practicing or using any of the subjects or
methods of treatment listed in paragraphs K or N.
M. "Massage therapist" means a person who is licensed pursuant to Chapter 42
of Title 32 of the Arizona Revised Statutes to engage in the practice of
massage therapy.
N. "Massage therapy" means any of the following that are undertaken to increase
wellness, relaxation, stress reduction, pain relief and postural improvement, or
provide general or specific therapeutic benefits:
1. The manual application of compression, stretch, vibration or mobilization of
the organs and tissues beneath the dermis, including the components of
the musculoskeletal system, peripheral vessels of the circulatory system
and fascia, when applied primarily to parts of the body other than the
hands, feet and head.
2. The manual application of compression, stretch, vibration or mobilization
using the forearms, elbows, knees or feet or handheld mechanical,
electrical, water or vibratory devices.
3. Any combination of range of motion, directed, assisted or passive
movements of the joints.
4. Hydrotherapy, including, but not limited to tub, shower or cabinet baths,
and the application of water, hot and cold packs or wraps.
O. "Person" means a corporation, firm, partnership, association, organization and
any other group acting as a unit, as well as an individual. It includes a trustee,
receiver, an assignee, or similar representative.
P. "Private anatomical areas" means the genitals, perineum and anal region of
any person and the area of the breast that includes the areola and the nipple
of any female person.
Section 9 -4 -3 Duties of license inspector; appeals
A. It shall be the duty and responsibility of the town's license inspector, described
in section 9 -1 -6, to administer the provisions of this chapter. Pursuant to this
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duty, the license inspector shall issue, renew, deny, suspend, or revoke
massage establishment licenses or manager licenses as required by this
chapter.
B. Any party aggrieved by a decision of the license inspector under this chapter
may request a hearing as provided in sections 9 -1 -10 and 9 -1 -11.
Section 9 -4 -4 Classification; continuing violations; effect of revocation
or suspension on prosecution
A. Whenever in this chapter any act is prohibited or declared to be unlawful or
the doing of any act is required or the failure to do any act is declared to be
unlawful, the violation of that provision is a class one misdemeanor.
B. Each day any violation continues shall constitute a separate offense.
C. Revocation or suspension of a license shall not be a defense against
prosecution.
Section 9 -4 -5 Massage therapist license required
It is unlawful for any person to practice or in any manner to claim to practice
massage therapy without first obtaining and maintaining in effect a current,
unrevoked and unsuspended massage therapist license as required by Arizona
revised statutes.
Section 9 -4 -6 Massage establishment license required; exclusions
A. It is unlawful for any person to conduct or operate a massage establishment
without first obtaining and maintaining in effect a current, unrevoked and
unsuspended massage establishment license as required by this chapter.
B. It is unlawful for any person licensed as provided in this chapter to operate
under any name or conduct business under any designation not specified in
the license.
C. It is unlawful for any massage establishment licensed as provided in this
chapter to conduct business at any location not specified in the license.
D. The provisions of paragraph A shall not apply to a place of business or
establishment where all persons offering massage or touching techniques or
massage therapy are licensed as either a barber, aesthetician, cosmetologist,
or nail technician pursuant to Arizona revised statutes, and who practice within
the scope of that person's license.
Section 9 -4 -7 Manager license required
It is unlawful for any person to exercise overall operational control of a massage
establishment, to supervise employees, or to fulfill any of the functions required
of a manager by this chapter without first obtaining and maintaining in effect a
current, unrevoked and unsuspended manager license as required by this
chapter.
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Section 9 -4 -8 New license application; fees
A. Any person desiring to obtain a massage establishment or manager license
shall apply to the license inspector on the form provided by the license
inspector for that purpose. The license inspector shall refer the application to
the police department for appropriate investigation.
B. Each application shall be accompanied by a non - refundable application fee
and a first year license fee as set forth by a fee schedule approved by the
council and amended from time to time. If a license application is denied, the
first year license fee will be refunded to the applicant.
C. In addition to the fees required by paragraph B, each applicant, controlling
person and designated agent for a massage establishment license and each
applicant for a manager license shall pay the license inspector the fee
established by the director of the Arizona department of public safety for the
processing of fingerprints pursuant to this chapter and A.R.S. § 41 -1750. This
fee shall be paid for each person required to submit fingerprints pursuant to
this chapter.
Section 9 -4-9 Massage establishment license application; separate
license; husband and wife
A. Each application for a massage establishment license shall consist of, as
applicable, the following:
1. The full legal name, business name, business phone number, legal form of
applicant, current residential phone number and current residence or legal
address of the applicant.
2. Physical description and date and place of birth of the applicant.
3. Any other names by which the applicant has been known.
4. The address at which the applicant desires to do business.
5. The applicant's mailing address for purposes of receiving town notices and
other licensing correspondence relating to the applicant, the licensee, or
the enforcement of this chapter.
6. The business hours for the establishment.
7. All residence addresses for the five -year period prior to the date of
application and the dates of residence at each.
8. The name or names of all managers and the designated agent.
9. The name or names of all controlling persons.
10. Applicant's business, occupation and employment history for the five -year
period immediately preceding the date of application, including addresses
and dates of employment.
11. Written proof, in the form of a current driver's license with picture, or other
current picture identification document issued by a governmental agency,
that the applicant has reached the age of 18 years.
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12. The business license history of the applicant; whether the applicant, while
operating in this or another city or state under license, has had a previous
license revoked or suspended, the reason for the revocation or
suspension, and the business activity or occupation subsequent to the
suspension or revocation.
13. All felony and misdemeanor convictions, excluding those for civil traffic
offenses, and the grounds for each conviction.
14. The applicant's full set of fingerprints on a standard fingerprint card,
recorded by the police department.
15. The articles of incorporation, articles of organization, or certificate of
limited partnership, together with any amendments, for the applicant, as
applicable.
16. A list of services to be offered by the massage establishment.
17. A clearly legible sketch or diagram showing the configuration of the
overall business premises. The sketch or diagram need not be
professionally prepared but shall be drawn on one page measuring 8 1/2
inches by 11 inches with marked dimensions of the interior of the
premises to an accuracy of plus or minus six inches. For purposes of this
subparagraph, a "wall" shall include any interior barrier, including
transparent glass that extends more than fifty -four inches from the level of
the finished floor. The sketch shall include the following:
a. The location of all interior doors, walls, curtains and room dividers.
b. A description of the use of each interior space or room, including a
designation, by type of use, of each room or space available for
massage or touching techniques or massage therapy by the applicant.
c. A designation of each room or space that is being, or is intended to be,
leased, subleased or licensed for use by any person other than the
applicant and a description of its intended and actual use.
d. A designation of each room or space that is being, or is intended to be,
leased, subleased, or licensed for use by any person other than the
applicant for purposes of offering massage or touching techniques or
massage therapy and a description of its intended and actual use.
e. The location of the business license required to be displayed pursuant
to this chapter.
18. One digital photograph of the applicant taken by the license inspector or
designee at the time of application.
19. Any other identification and information the license inspector may require.
B. A separate license shall be required for each room or space on the business
premises of a massage establishment that has been designated pursuant to
this section as available for lease, sublease or license by any other person,
and is otherwise required to be licensed as a massage establishment
pursuant to this chapter.
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C. A single license shall be issued to an applicant that consists of a husband and
wife.
Section 9 -4 -10 Manager license application
Each application for a manager license shall consist of the following:
A. Full legal name, physical description, and date and place of birth.
B. Any other names by which the applicant has been know.
C. Current residence address, mailing address and telephone number.
D. All residence addresses for the five -year period immediately prior to the date
of application and the dates of residence at each.
E. Employment history for the five -year period preceding the date of application
with dates and addresses for each.
F. Written proof, in the form of a current driver's license with picture, or other
current picture identification document issued by a governmental agency, that
the applicant has reached the age of 18 years.
G. All felony and misdemeanor convictions, excluding those for civil traffic
offenses, and the grounds for each conviction.
H. The business license history of the applicant; whether the applicant, while
operating in this or another city or state under license, has had a previous
license revoked or suspended, the reason for the revocation or suspension,
and the business activity or occupation subsequent to the suspension or
revocation.
I. One digital photograph of the applicant taken by the license inspector or
designee at the time of application.
J. The applicant's full set of fingerprints on a standard fingerprint card, recorded
by the police department.
K. Any other identification and information as the license inspector may require.
Section 9 -4 -11 Additional application requirements
A. No license shall be issued to an individual if the individual does not present
one or more of the following documents as requested by the license inspector
indicating that the individual's presence in the United States is authorized
under federal law and complies with the Arizona Legal Workers Act:
1. An Arizona driver's license issued after 1996 or an Arizona non - operating
identification license.
2. A driver license issued by a state that verifies lawful presence in the United
States.
3. A birth certificate or delayed birth certificate issued in any state, territory or
possession of the United States.
4. A United States certificate of birth abroad.
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5. A United States passport.
6. A foreign passport with a United States visa.
7. An 1 -94 form with a photograph.
8. A United States Citizenship and Immigration Services employment
authorization document or refugee travel document.
9. A United States certificate of naturalization.
10. A United States certificate of citizenship.
11. A tribal certificate of Indian blood.
12. A tribal or Bureau of Indian Affairs affidavit of birth.
B. This section does not apply to an individual, if all of the following apply:
1. The individual is a citizen of a foreign country or, if at the time of
application, the individual resides in a foreign country.
2. The benefits that are related to the license do not require the individual to
be present in the United States in order to receive those benefits.
Section 9 -4-12 License application investigation; authority to receive
criminal history record information; use of criminal
history record information
A. Any applicant for a massage establishment license or a manager license
issued pursuant to this chapter shall personally appear at the office of the
license inspector and shall present the application containing the information
required by this chapter.
B. The police department shall have a reasonable time within which to
investigate the application and background of the applicant, controlling
persons and manager. Based on the investigation, the police department
shall recommend to the license inspector approval or denial of the license.
C. Pursuant to A.R.S. § 41 -1750, the town is hereby authorized to receive
criminal history record information for the purpose of evaluating the fitness of
current and prospective massage establishment licensees, including
applicants, controlling persons and designated agents, and current and
prospective massage establishment manager licensees.
D. Pursuant to A.R.S. § 41 -1750 and Public Law 92 -544, the town shall submit all
fingerprints obtained pursuant to this chapter to the Arizona department of
public safety for the purpose of obtaining state and federal criminal history
record information. The Arizona department of public safety is authorized to
exchange this fingerprint data with the federal bureau of investigation.
E. Criminal history record information obtained by the town pursuant to this
chapter shall be used only for the purpose of evaluating the fitness of current
and prospective massage establishment licensees, including applicants,
controlling persons and designated agents, and current and prospective
massage establishment manager licensees. The town shall comply with all
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relevant state and federal rules and regulations regarding the dissemination of
criminal history record information.
Section 9 -4 -13 License renewal
A. Within one year of the issue date for the previously effective license, all
licensees under this chapter wishing to remain licensed shall apply for renewal
on a form established by the license inspector. The renewal form must be
submitted at least 60 days prior to the renewal date with the applicable
renewal fee, as set forth in the fee schedule approved by the council and
amended from time to time. For a massage establishment license renewal,
the license must submit a current listing of massage therapists working at the
establishment, and each massage therapist's Arizona state license number
with date of license expiration. The license inspector is authorized to obtain
necessary information to update the original license application and to
determine whether the license should be renewed. No license shall be
renewed unless the licensee complies with all provisions of this chapter.
B. A licensee who fails to apply for renewal at least 60 days prior to the renewal
date shall be subject to a late renewal penalty fee in accordance with the fee
schedule approved by the council and amended from time to time. If the
licensee fails to start the renewal process at least 30 days prior to the license
renewal date, the license shall expire and become null and void. Licensees
who fail to apply to renew their license yet who wish to continue operating or
managing massage establishments must file a new application for license and
may not operate or manage a massage establishment until a new license has
been issued.
Section 9 -4 -14 Denial, suspension, revocation or nonrenewal of license
A. The license of a massage establishment or license of a manager may be
denied, revoked, suspended, or denied renewal upon any one or more of the
following grounds:
1. The applicant, licensee or controlling person is guilty of fraud in conducting
the business of a massage establishment or of fraud or deceit in obtaining
a license.
2. The applicant, licensee or controlling person has been convicted within the
past five years in a court of competent jurisdiction of a felony or
misdemeanor offense having a reasonable relationship to the functions of a
massage establishment or a massage therapist.
3. The applicant, licensee or controlling person has been convicted within the
last five years of any offense proscribed by title 13, chapters 14, 32, and
35.1 of the Arizona Revised Statutes, or any offense committed outside this
state or town that if committed in this state or town would constitute a
violation of any offense proscribed by title 13, chapters 14, 32, and 35.1 of
the Arizona Revised Statutes.
4. The applicant, licensee or controlling person is guilty of untrue, fraudulent,
misleading, or deceptive advertising.
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5. The applicant, licensee or controlling person is engaged in the business of
massage therapist, manager, or massage establishment under a false or
assumed name, or is impersonating another therapist or manager of a like
or different name.
6. The applicant, licensee or controlling person has violated any of the
provisions of this chapter. This paragraph shall apply regardless of the
location at which the violation occurred.
7. In the case of a massage establishment, any person who did not qualify as
a controlling person at the time the license was issued has acquired a 20%
or greater interest in the licensee.
8. In the case of a massage establishment, the massage establishment has
operated at a location that has not been licensed for use by the town.
9. In the case of a massage establishment, the applicant or licensee has
ceased to use the license for purposes of offering massage therapy. The
failure to offer massage therapy at a massage establishment for 30
consecutive days shall create a rebuttable presumption that the applicant
has ceased to use the license for purposes of offering massage therapy.
10. In the case of a massage establishment, the applicant or licensee has
failed to maintain in the records of the license inspector the name of an
individual as a designated agent.
11. The applicant, licensee, manager or designated agent has photographed
a customer while the customer was on the premises of a massage
establishment and located within any treatment room, restroom, locker
room or dressing room, without the express, written permission of that
customer. For purposes of this subparagraph the word "photographed"
shall mean the use of any electronic or mechanical device to record,
reproduce or transmit an optical image.
12. The applicant, licensee or controlling person knows or should have known
that prostitution, indecent exposure or pornographic acts are occurring or
have occurred in the operation of the massage establishment.
13. The license application was falsified.
14. The applicant, licensee or a controlling person has an outstanding
warrant for his or her arrest.
15. The applicant was a controlling person for a massage establishment
license that was revoked within the previous five years for an act or acts
that occurred while the controlling person was a controlling person for the
licensee.
B. The massage establishment license shall be denied if any of the following
persons would be disqualified under this chapter:
1. The president or other executive officers of a corporate applicant;
2. Each general partner of an applicant that is a limited partnership or any
partner of a non - limited partnership applicant;
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3. The managing member, officer or employee of the applicant;
4. Any controlling person of the applicant.
Section 9 -4 -15 Application after denial
No applicant may apply for a license within one year of the date of a denial,
suspension, revocation or nonrenewal of the applicant's license, unless the
cause of the denial, suspension, revocation, or nonrenewal has been remedied
to the satisfaction of the license inspector.
Section 9 -4-16 Change of location; change of services offered,
configuration of premises, business hours, mailing
address, manager or designated agent
A. Notwithstanding any other provision of this chapter, a massage establishment
shall not be operated or maintained at a location that has not been approved
by the license inspector. A change of location of a massage establishment
shall be approved by the license inspector if the applicant is in compliance
with all town ordinances and regulations, completes the appropriate location
change application and submits a fee as set forth by a fee schedule approved
by the council and amended from time to time.
B. A massage establishment shall not change the services it offers, the use or
configuration of its premises, its business hours, its mailing address or its
manager or designated agent without first providing notice of the change to
the license inspector on the form prescribed by the license inspector for that
purpose.
C. Except as otherwise provided in this chapter, any change listed in this section
shall be submitted to the license inspector within ten calendar days of the
change.
Section 9 -4 -17 Inspection of massage establishments
An applicant for a massage establishment license, a controlling person for a
licensee, a manager, or a licensee shall permit representatives of the police
department, any other town department and any other federal, state or county
agency in the performance of any function connected with the enforcement of
this chapter or any code, statute or regulation relating to human health, safety or
welfare or structural safety, normally and regularly conducted by the agency, to
inspect the premises of a massage establishment for the purpose of ensuring
compliance with the law at any time it is lawfully occupied or open for business.
The inspection authorized by this section shall be limited to:
A. All areas of the premises available to patrons, provided that no inspection
shall be done of a room occupied by a patron until the patron has been given
a reasonable opportunity to dress, gather his or her personal effects and exit
the room.
B. All dressing, toilet, bathing and wash basin facilities.
C. Any location used to disinfect and sterilize equipment.
D. Any location used to store linens.
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Section 9 -4 -18 Massage establishment special requirements
A massage establishment licensee shall comply with the following requirements
and no massage establishment license shall be issued unless inspection by a
town department or, where appropriate, a federal, state or county agency
indicates that the site of the establishment complies with each of the following
requirements:
A. A readable sign shall be permanently affixed at the main entrance to the
business identifying the business as a massage establishment.
B. Lighting of ten foot candles, measured at a height of 30 inches at the
approximate center of the room or enclosure, shall be provided in each room
or enclosure where services are performed on patrons.
C. Ventilation shall be provided in accordance with title 7 of the town code.
D. Adequate equipment shall be provided for disinfecting and sterilizing
instruments used in administering or practicing any of the subjects or methods
of treatment administered or practiced by the establishment.
E. Hot and cold running water, tempered by means of a mixing valve faucet, shall
be provided at all times.
F. Closed cabinets shall be provided, and used, for the storage of clean linens.
G. Notwithstanding any other requirement of this chapter, a minimum of one
shower or tub shall be provided for any establishment offering any
hydrotherapy services including whirlpool baths, saunas, steam baths, and
herbal wraps.
H. Any pool or spa shall be issued a permit and inspected as required by the
Marana pool and spa code.
I. All walls, ceilings, floors, showers, bathtubs, steam rooms, and all other
physical facilities within the establishment must be in good repair and
maintained in a clean and sanitary condition. Wet and dry heat rooms, steam
or vapor rooms or cabinets, toilets and wash basins shall be thoroughly
cleaned each day business is in operation. Shower compartments and
bathtubs, where provided, shall be thoroughly cleaned after each use.
J. Clean and sanitary sheets and towels shall be provided for each patron of the
establishment. The head rest of each table shall be provided with a clean and
sanitary covering for each patron.
K. All wash basins within an establishment shall: have hot and cold running
water, tempered by means of a mixing valve faucet; provide sanitary towels
placed in permanently installed dispensers or upon a permanently attached
roll dispenser; and provide soap in a soap dispenser that is placed on or near
the wash basin. A hand wash basin shall be provided in each treatment room
providing hydrotherapy services, including whirlpool baths, saunas, steam
baths and herbal wraps.
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Section 9 -4 -19 Unlawful activities; definition; duty of manager
A. It is unlawful:
1. For any person to knowingly employ any other person to offer massage
therapy who does not hold a current, unrevoked and unsuspended
massage therapy license issued by the state of Arizona.
2. To employ a massage therapist whose true name and state - issued
massage therapist license number has not been previously provided to the
license inspector on the form prescribed by the license inspector for that
purpose.
3. For any person to knowingly employ at a massage establishment a
manager who has been convicted within the previous five years of any of
the offenses listed in section 9- 4- 14.A.2 or A.3.
4. For any person to offer massage or touching techniques or massage
therapy in any room or space of the business that has not been specifically
identified as a room or space available for those services on the sketch or
diagram required to be submitted to the license inspector pursuant to this
chapter.
5. For any person to offer massage or touching techniques or massage
therapy in a room or space designated as leased, subleased or licensed for
use by any other person on the sketch or diagram required to be submitted
to the license inspector pursuant to this chapter.
6. For any massage establishment to remain open for business, to provide
services, to dispatch massage therapists, or to permit massage therapists
to work off the premises on behalf of that massage establishment at any
time between the hours of 12:00 midnight and 6:00 A.M.
7. For any massage establishment to be open for business during hours that
have not been provided to the license inspector as required by this chapter.
8. Except as provided in this chapter, to employ any person to act as a
manager at any massage establishment who is not licensed as a manager
pursuant to this chapter.
9. For any person to knowingly conduct or operate a massage establishment
on the same business premises, whereon is also conducted or operated a
sexually oriented business as defined in title 9 of the town code, or a bar,
cocktail lounge, photography studio, model studio, art studio, motion
picture studio /theater or telephone answering service.
10. For any person, while on the premises of a massage establishment, to
knowingly provide or offer to provide any service:
a. In a manner or under circumstances intended to arouse, appeal to or
gratify sexual desires.
b. In such a manner that the person touches the private anatomical areas
of the individual receiving the treatment.
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c. While the person providing the treatment is clothed in a manner that
fails to cover his or her private anatomical areas with an opaque
material.
11. For any person on the premises of a massage establishment to
intentionally view a completely or partially disrobed massage
establishment client if the viewing is not related to treatment under current
practice standards and is intended to appeal to the prurient interest of the
massage therapist or the massage establishment client.
12. For any person, while on the premises of a massage establishment, to
knowingly ask or direct a patron to:
a. Touch his or her own anus, genitals or breasts.
b. Touch the anus, genitals or breasts of any person on the premises.
c. Expose his or her genitals, anus or breasts to any person on the
premises with the intention of appealing to the prurient interest of the
massage therapist or the massage establishment client.
13. For any person, while on the premises of a massage establishment, to
knowingly place any part of the body of a patron in direct or indirect
contact with the anus, genitals or breasts of any other person on the
premises.
14. For any person, while on the premises of a massage establishment, to
knowingly offer a patron any service in exchange for a gratuity or
compensation of any description, that does not appear on the schedule of
services required by this chapter.
15. For any person to knowingly operate or maintain a massage
establishment at a location that has not been licensed by the license
inspector.
16. For any person to knowingly use a massage establishment as living or
sleeping quarters.
17. For any person to knowingly provide the services of a manager to a
massage establishment without a manager license.
B. For purposes of this section, the word "touch" shall include physical contact
that occurs through clothing or by means of any object.
C. A manager shall not knowingly fail to ensure that a massage establishment at
which he or she is employed is in compliance with the provisions of this
section.
Section 9 -420 Display of license; update, retention and inspection of
records
A. Every on duty person to whom a massage establishment license, massage
therapist license or manager license has been granted shall display the
license along with the corresponding photograph taken by the license
inspector in a conspicuous place upon the business premises that is clearly
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visible to the general public upon entry to the business. All massage
therapists shall produce their license and produce a government- issued
identification document upon request from an authorized agent conducting an
inspection pursuant to this chapter.
B. A massage establishment shall report the name of any person whose
employment at the massage establishment has terminated to the license
inspector within ten calendar days after termination.
C. A massage establishment shall maintain records for each massage therapist
employed by that massage establishment on the business premises for a
period of 90 days after the date of last employment of each massage
therapist. These records shall include:
1. A copy of the state - issued massage therapist license.
2. For every massage therapist who does not possess a state- issued
massage therapist license that bears a photograph of the licensee, a
clearly - legible copy of a current picture identification document issued by a
governmental agency or such other identification as may be prescribed by
the license inspector.
D. A massage establishment shall maintain on the business premises a copy of
the most recent sketch or diagram required to be submitted to the license
inspector pursuant to this chapter.
E. A licensee, manager or employee of a massage establishment shall make the
records required to be maintained by this section available for inspection upon
demand by any law enforcement officer or town regulatory license inspections
official, during any period of time that the business premises are open to the
public or lawfully occupied.
E. A manager shall not knowingly fail to ensure that a massage establishment at
which he or she is employed is in compliance with the provisions of this
section.
Section 9 -4 -21 Manager designation
A massage establishment licensee shall file with the license inspector, on the
form provided by the license inspector for that purpose, the name and license
number of each person authorized to fulfill the functions of a manager at the
massage establishment. It shall be the responsibility of the massage
establishment licensee to have adequate manager coverage during all times the
establishment is open for business. During any period of time that a massage
establishment does not have a properly licensed manager recorded with the
license inspector physically located on the business premises, the licensee
and /or a manager shall designate another employee to be responsible for
fulfilling the duties of a manager pursuant to this chapter. This designee may be
either a licensed massage therapist or other responsible employee as
determined by the licensee and /or manager.
Section 9 -4 -22 Exemptions
The provisions of this chapter shall not apply to:
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A. Establishments whose employees are authorized by the laws of this state to
practice medicine, osteopathy, chiropractic, podiatry, naturopathy, or
acupuncture.
B. Establishments whose employees are acting as trainers for any bona fide
amateur, semiprofessional, or professional athletic team or athlete.
C. Establishments whose employees are authorized by the laws of this state as
barbers or cosmetologists, provided their activity is limited to the scope of their
barber or cosmetology license.
D. Establishments whose employees are providing colon irrigation only.
E. Businesses that are operating solely as a school that is Arizona state board of
massage therapy- approved.
Section 9 -4 -23 Licenses; cumulative regulation
A. The licenses required in this chapter are in addition to any business or
transaction privilege license required by the Marana Town Code or state law.
B. A massage therapist license does not authorize one to operate a massage
establishment.
C. An applicant for a massage establishment license need not have a massage
therapist license. However, massage establishments shall employ only
Arizona state - licensed massage therapists to perform massage.
D. A licensed massage therapist who operates as a sole practitioner and who
has no employees must obtain a massage establishment license for the
business location at which massage therapy is provided; however, no
separate manager license is required.
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