HomeMy WebLinkAboutResolution 2011-084 amendments to town code title 9 relating to massage establishments a public record MARANA RESOLUTION NO. 2011-84
RELATING TO BUSINESS REGULATIONS; DECLARING THE AMENDMENTS TO
MARANA TOWN CODE TITLE 9 "BUSINESS REGULATIONS ", CHAPTER 9 -4
ENTITLED "MASSAGE ESTABLISHMENTS ", MODIFYING DEFINITIONS, PROVIDING
THAT LICENSES ARE NON - TRANSFERABLE, MODIFYING APPLICATION AND
INVESTIGATION PROCESS, PROVIDING FOR APPEAL PROCEDURE, 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," 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 6 day of September, 2011.
Mayor Honea
ATTEST: OF
sM =
lyn C. B son, Town Clerk f
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APPROVED AS TO FORM:
Cass} Town A : ey
100027752.DOC /}
EXHIBIT A TO MARANA RESOL UTION NO. 2011 -84
Amendments to the Marana Town Code, Title 9 "Business Regulations, " Chapter
9 -4 "Massage Establishments " pursuant to Marana Ordinance No. 2011.22
SECTION 1. Section 9 -4 -2 of the Marana Town Code is hereby revised as
follows with added text shown with double underlining and deletions shown with she-
out text
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. The applicant for a massage establishment license
must be an owner of or a controlling person in the establishment or a person
who has day -to -day operational control or responsibility for the establishment
such as a manager. If the applicant is a corporation, firm, partnership.
association, organization or any other group acting as a unit, only one natural
person need serve as the applicant for purposes of this chapter: however. tha
natural person must be an owner of or a controlling person in Atle
estab lishment or a person who has day -to -day operational control or
re sponsibility for the establishment. such as a manager.
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
9F FnanageF lirsense, and in whose name a license has been issued by the
license inspector pursuant to this chapter. If the licensee is a corporation.
firm, partnership, association, organization or any other group acting as a unit.
{00027725.DOC /} 1 JHF 8129111
EXHIBIT A TO MARANA RESOLUTION NO. 2011 -84
Amendments to the Marana Town Code, Title 9 "Business Regulations, " Chapter
9 -4 "Massage Establishments " pursuant to Marana Ordinance No. 2011.22
each owner, controlling person and corporate officer shall be considered
licensee for purposes of this chapter.
[Paragraphs I through P remain unchanged]
SECTION 2. Section 9 -4 -3 of the Marana Town Code is hereby revised as
follows with added text shown with double underlining and deletions shown with st-
:
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
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 d e l request -a -#earl as provided in sect 9 -1 10 and 9 1-14 in
this chanter
SECTION 3. Section 9 -4 -6 of the Marana Town Code is hereby revised as
follows with added text shown with double underlining
9 -4 -6 Massage establishment license required;
non- transferability: 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. All massage establishment licenses issued pursuant to this chapter are
non-transferable. Upon the sale or transfer of any interest in a massage
establishment, a new application must be submitted for that establishment and
I provisions of this chapter shall apply to the new application
E. 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.
{00027725.13007} -2-
EXHIBIT A TO MARANA RESOLUTION NO. 2011 -84
Amendments to the Marana Town Code, Title 9 "Business Regulations, " Chapter 9 -4
"Massage Establishments " pursuant to Marana Ordinance No. 2011.22
SECTION 4. Section 9 -4 -7 of the Marana Town Code is hereby revised as
follows with added text shown with double underlining
9 -4 -7 Manager license required non - transferability
A.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.
B. All manager licenses issued pursuant to this chanter are non - transferable.
SECTION 5. Section 9 -4 -8 of the Marana Town Code is hereby revised as
follows with added text shown with double underlining and deletions shown with std
etA tex-t
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 peFise appropriate town departments for apprePF+ate 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 person required to
submit fingerprints pursuant to this chapter ,
Rage' "Dense 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 sha be
pa fOF eaGh per-son Fequ to subm f puFsuant te th Ghapter-.
SECTION 6. Section 9- 4 -9(A) of the Marana Town Code is hereby revised as
follows with added text shown with double underlining and deletions shown with stfike-
Out -tex :
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.
{00027725.noc -3-
EXHIBIT A TO MARANA RESOL UTIONNO. 2011 -84
Amendments to the Marana Town Code, Title 9 "Business Regulations, " Chapter
9 -4 "Massage Establishments " pursuant to Marana Ordinance No. 2011.22
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 of the applicant 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. The Aapplicant'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.
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 of the applicant excluding those
for civil traffic offenses, and the grounds for each conviction.
14. The appli^., A full set of fingerprints on a standard fingerprint card,
recorded by the police department for each of the following individuals:
a. All applicants
b. All owners of and controlling persons in the establishment
c. The designated aaen
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 Gleady legible sketGh OF diagFam showing the configuration of
the overall business premises and a floor plan containing the information
i d by this paragraph The sl Jean.. need not be
professionally prepared but shall must be drawn en one page me
at least 8 1/2 inches by 11 inches in size. with marked dimensions ef the
In+erler of +he premises to an a ;us six inches Fer
{00027725.DOC i} 4
EXHIBIT A TO MARANA RESOL UTION NO. 2011 -84
Amendments to the Marana Town Code, Title 9 "Business Regulations, " Chapter
9 -4 "Massage Establishments " pursuant to Marana Ordinance No. 2011.22
,
0 nGluding tFanspaFent glass that extends FAGWe th-AR f i fty f9UF"nGhes from
the lev of the finished flGGF The sket 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.
[Paragraphs B and C remain unchanged]
SECTION 7. Section 9 -4 -12 of the Marana Town Code is hereby revised as
follows with added text shown with double underlining and deletions shown with strike
-
out -text:
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 p9l depaFtment town shall have a reasonable time within which to
investigate the application and the background of the applicant, all owners and
controlling persons the designated-agem designated-agent and the manager. The investigation
all include an inspection of the premises of the massage establishment or
proposed massage establishment by the appropriate town departments. as
well as any appropriate federal, state or county agencies, for the purpose of
ensuring compliance with this chapter and any code, statute or regulation
rel ating to human health, safety or welfare or structural safety. Based on the
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EXHIBIT A TO MARANA RESOL UTION NO. 2011 -84
Amendments to the Marana Town Code, Title 9 "Business Regulations, " Chapter
9 -4 "Massage Establishments " pursuant to Marana Ordinance No. 2011.22
investigation, the peliee departments shall recommend to the license inspector
approval or denial of the license.
[Paragraphs C through E remain unchanged]
SECTION 8. Section 9- 4 -13(A) of the Marana Town Code is hereby revised as
follows with added text shown with double underlining
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
investigate and obtain necessary information to update the original license
application and to determine whether the license should be renewed. For a
massage establishment license renewal. the investigation may include an
inspect of the premises of the massage establishment by the appropriate
own departments, as well as an- federal, state or county
agencies, for the purpose of ensuring compliance with this chapter and any
e, statute or regulation relating to human health, safety or welfare or
structural safety. No license shall be renewed unless the licensee complies
with all provisions of this chapter.
[Paragraph B remains unchanged]
SECTION 9. Section 9 -4 -14 of the Marana Town Code is hereby revised as
follows with added text shown with double underlining and deletions shown with stike-
out texf
9 -4 -14 Denial, suspension, revocation or nonrenewal of license
A. The license of a massage establishment or lisease of a manager may be
denied, revoked, suspended for a period not to exceed 30 calendar days 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.
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EXHIBIT A TO MARANA RESOL UTIONNO. 2011 -84
Amendments to the Marana Town Code, Title 9 "Business Regulations, " Chapter
9 -4 "Massage Establishments " pursuant to Marana Ordinance No. 2011.22
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.
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.
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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;
3. The managing member, officer or employee of the applicant;
4. Any controlling person of the applicant.
C. If a licensee appeals the suspension, revocation or nonrenewal of a license
pursuant to the appeal provisions of this chanter, the licensee shall be
permitted to continue operations under the previously effective license until
resolution of the appeal.
SECTION 10. New section 9 -4 -15 entitled "Procedure for denial, suspension,
revocation or nonrenewal; appeals" is hereby added to the Marana Town Code as follows
and the sections that follow are renumbered to conform:
9 -4 -15 Procedure for denial, suspension, revocation or
nonrenewal; appeals
A. If the license inspector determines that grounds exist to deny, suspend or
revoke an application or license, or to deny renewal of a license, the license
inspector shall notify the applicant or licensee in writing of the denial,
suspension or revocation. The notice shall include justification for the denial,
suspension or revocation with references to the statutes, ordinances, codes or
substantive policy statements on which the denial, suspension or revocation is
based, and shall be mailed by certified mail to the address of the applicant or
licensee listed in the current year's license application or renewal application.
The notice shall also include an explanation of the applicant's or licensee's
right of appeal. The effective date of the notice shall be the date the notice is
actually received.
B. Within ten business days after the effective date of the notice, the applicant or
licensee may provide a written response and request for an appeal hearing to
the license inspector, which shall include a statement of reasons why the
license should not be denied, suspended or revoked. If the license inspector
does not receive a response within this time period, the denial, suspension or
revocation shall be final.
C. Within seven business days after receipt of the applicant's or licensee's
response, the license inspector shall either grant the license or rescind the
suspension or revocation or schedule an appeal hearing before the hearing
officer, as designated by the town manager. The applicant or licensee shall
{00027725.DOC 8
be notified in writing by certified mail of the date, time and location of the
hearing. The hearing shall be scheduled not less than 15 and no more than
30 calendar days after receipt by the license inspector of the applicant's or
licensee's response and request for hearing. The hearing shall be conducted
in an informal manner and the rules of evidence shall not apply. The applicant
or licensee may be represented by an attorney.
D. Within five business days after completion of the hearing, the hearing officer
shall render a written decision and shall mail a copy of the decision by certified
mail to the address specified by the applicant or licensee. The hearing
officer's decision shall be deemed final five business days after it is mailed
and shall constitute final administrative action.
E. After a denial, suspension or revocation has been upheld by the hearing
officer, the applicant or licensee may seek judicial review of the administrative
action in any court of competent jurisdiction.
SECTION 11. Existing section 9 -4 -15 of the Marana Town Code (renumbered as
section 9 -4 -16 by section 10 of this ordinance), is hereby revised as follows with added
text shown with double underlining and deletions shown with strike ei# tex4
9 -4 -15-6 Application after denial or revocation
No applicant may apply for a license within one year of the date of a denial,
susperasie 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 and at least 90 calendar days have
elapsed since the effective date of the denial, revocation or nonrenewal
SECTION 12. Existing section 9 -4 -18 of the Marana Town Code (renumbered as
section 9 -4 -19 by section 10 of this ordinance), is hereby revised as follows with added
text shown with double underlining and deletions shown with s+wk° eH4 to
9-4 -159 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 pervices are performed on patrons.
C. Ventilation shall be provided in accordance with title 7 of the town code.
{00027725.DOC i} 9
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 GGld FURRORg wateF, tempeFed by FA9aRs of a Fnixing valve faUGet, shall
be pr-evided at all times.
Closed cabinets shall be provided, and used, for the storage of clean linens.
GE. 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.
IH.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.
Al. 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.
KJ All wash basins within an establishment shall: have hot and cold running
water, tempered by means of a mixing valve faucet at all times 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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