HomeMy WebLinkAboutResolution 2012-098 relating to business regulationsMARANA RESOLUTION NO. 2012-098
RELATING TO BUSINESS REGULATIONS; DECLARING AS A PUBLIC RECORD FILED
WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE
N0.2012.13 TO MARANA TOWN CODE TTTLE 9"BUSINESS REGLJLAT'IONS,"
CHAPTER 9-4 ENTITLED "MASSAGE ESTABLISHIVV�NTS"
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF TI-� TOWN OF
MARANA, ARIZONA, that the amendments to the Marana Town Code Title 9`Business
Regulations," 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, are hereby declared to be a
public record and ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY TI� MAYOR AND COUNCIL OF THE TOWN OF
h�IARANA, ARIZONA, this 4�' day of December, 2012.
� G ���
Mayor Ed Honea
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Marana Resolution 2012-098 11/2'7/12
EXHIBTl A TO MARANA RESOL UTION NO. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments " pursuant to Marana Ordinance No. 2012.13
SECTION 1. Section 9-4-2 of the Mazana Town Code is hereby revised as follows with
added text shown with double underlinin� and deletions shown with r*�L° �••+ +°°`•
9-4-2 Definitions
The following definitions shall apply throughout this chapter unless the context
clearly indicates otherwise.
A. "ApplicanY' 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, paztnership,
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, that
natural person 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.
B. "Client" means an individual who enters into an agreement for massage
therapy, uS� for a fee, income or compensation of a� � lcind.
C. "Controlling person" means any individual who has a 20°�6 or greater interest
in the ownership or the earnings of the business.
D. "Designated agent" means the individual designated by the applicant �
licensee who will be the responsible party to receive town notices pursuant to
this chapter.
E. "Emplo�' means to hire, or to engage or authorize the services of, without
regazd 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 conixact 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 ar 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 per�on in whose name a rnassa�e establishment or
nn�� license has been issued by the license inspector pursuant to this
chapter. If the licensee is a corporation, firm, partnership, association,
Exhibit A to Marana Resolution No. 2012-098
1
EXHIBIT A TO MARANA RESOLUTIONNO. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments"pursuant to Marana
Ot-dinance No. 2012.13
E. A licensee, owner, controlling �erson, desi�ted a�� 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.
F. Y4 The licensee owner controlling�erson, designated agent and/or manager
shall � ensure that a� massage establishment a�
is in compliance wi#h the provisions of ti�is section.
SECTION 13. Section 9-4-22 of the Marana Town Code is hereby revised as foliows
with added te� shown with double underlinin� and deletions shown with �*�L° �„+ +°.,.:
9-4-22 Manager 1� de�i�; mana�er, desi�nated agent or licensee
re�c uired on�remise�
� A massage establishment licensee shall �n,�intain on file with the license
inspector, on the form provided by the license inspec#or for that purpose, �
current list of the names and license number� of each person a�#���e
emvloved as a manager at the massage establishment
$� �
1T ie massage establishment licensee, the
desig��gent andlor er of a massa�e establishment shall ensure
at least one of the followin� individuals is h sicall resent on
massage establishment nremises during all times the establishment is open
for business=
�_ •s_ � .�.�
� . � ., �_
3. The massage establishment licensee.
..
_ - -- ;
.;-
Y_
Exhibit A to Marana Resolution No. 2012-098
18
EXHIBTI'A TO MARANA RESOLUTIONNO. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments " pursuant to Marana
Ordinance No. 2012.13
22 For anv verson to �rovide massa , e� thera�v services to an��erson under
1$ veazs of a�e unless the �erson under 18 �ears of age is accom�anied bv
his/her pazent or le�g has a�h�sician's �rescri�tion for
massage thera�v or has a notarized letter from his/her �azent or leeal
�u.ardian authorizing the massa.ge theravv.
B. For purposes of this section, the word "touch" shall include physical contact
that occurs through clothixig or by means of any object.
C. � The licensee, owner, controlling�erson, desi�nated agent or manager shall
not knowingly fail to ensure that a massage establishment �'--°����" �� �� �'�^
�re�e� is in compliance with the provisions of this section.
SECTION 12. Section 9-4-21 of the Marana Town Code is hereby revised as follows
with added text shown with double underlinin� and deletions shown with �*w'r° �••+ +°�*:
9-4-21 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 in a
conspicuous place upon the business premises that is clearly visible to the
general public upon entry to the business. All massage therapists shall
produce their license and produce a government issued identification
docu.ment upon request from an authorized agent conducting an inspection
pursuant to this chapter.
B. A massage establishment shall report the name of any person whos,e
employment at the massage establishment has terminated to the license
inspector within ten calendaz days after termination.
C. A massage establishment shall maintain records for each massage therapist
employed by that massage establishment on the business premises �
the tLme the massage thera�ist is em�lo�ed at the establishment and for a
period of 90 days after the date of last employment of each rnassage 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 shalt 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.
Exhibit A to Marana Resolution No. 2012
17
EXHIBTT A TO MARANA RESOL UTIONNO. 2012-098
Amendments to the Marana Totivn Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments " pursuant to Marana
Ordinance No. 2012.13
12. For any person, while on the premises of a massage establishment, to
la�owingly ask� e� direct � a�� client to:
a. Touch his or her own anus, genitals or breasts in the �resence of
another �erson.
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� li nt 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��.�r. � � any service in exchange for a gratuity or
compensation of any description, that does not appeaz 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.
18. For an e� mvlovee of a massage establishment, while on the nre� of a
massa�e establishment to en�ge in an�.sexual� �ty with a client or
other verson•
19 For a_nv_, emnlovee of a massage establishment while on the �remises of a
�nassa�e establishment to allow a client to touch the �rivate anatomical
areas of the massage establishment em�lo�
20 For an�verson while on the �remises of a massage establishment, to
knowin�l� vrovide or offer to �rovide anv service to a client or another
�erson while the clienYs or other �ersori s private anatomical areas aze
ex�g° ed•
21 For anv verson under 18 vears of �e to obtain massa�e thera�Y s,. ervices
unless that �erson is accom�anied b� his/her �arent or le�al Qu, ardian�
has a tihvsi�s }�rescri�tion for massa�,e thera�v or has a notarized
l�tter from his/her �arent or legal �uuardi�n authorizin� the massage
e i.
Exhibit A to Marana Resolution No. 2012-098
16
EXHIBIT A TO MARANA RESOL UT'ION NO. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments " pursuant to Marana
Ordirtance Na 2012.13
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. Far 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 rnassage therapists, or to permit massage therapists
to work off the premises on behalf of that massage establishment at any
time between the hours of midnight and 6:00 A.M.
7. For any rnassage 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, f�v �erson to employ any person
to act as a manager at any massage establishment who is not licensed as a
maxiager pursuant to this chapter.
9. For any person to knowingly conduct or opera#e 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 ma�.uter that the person touches the private anatomical areas
of the inclividual receiving the treatment.
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.
Exhibit A to Marana Resolution No. 2012-09$
15
EXHIBIT A TO MARANA RESOL iI770N NO. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments"pursuant to Marana
Ordinance No. 2012.13
hydrotherapy services including whirlpool baths, saunas, steam baths, and
herbal wraps.
G. Any pool or spa shall be issued a permit and inspected as required by the
Marana pool and spa code.
H. All walls, ceiliitgs, floors, showers, bathtubs, steam rooms, and all other
physical facilities withui 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#horoughly
cleaned each day business is in operation. Shawer compartments and
bathtubs, where piovided, shall be thoroughly cleaned after each use.
I. Qean and sanitary sheets and towels shall be provided for each patron of the
establ.ishment. The head rest of each table shall be provided with a clean and
sanitary covering for each patron. :
J. A hand wash basin shall be �rovided in each treatment room nrovidin�
�vdrothera�y services includin� whirinool baths saunas steam baths and
herbal wra�s.
� All wash basins withut an establishment including hand wash basins, shall:
have hot and cold running water, tempered by means of a mixi.ng valve
faucet at all times; provide sanitary towels placed in permanently installed
dispensers or upon a permanenfly attached roll dispenser; and provide soap
in a soap d.ispenser that is placed on or near the wash basin. ��
,' , , •
SECTION 11. Section 9-4-20 of the Marana Town Code is hereby revised as follows
with added text shown with double underlinin� and deletions shown with st��e-e�e�c�:
9-�-20 Unlawful activities; definition; duty of manager
A. It is unlawful:
1. For any person to knowingly empioy any other person to offer massage
therapy who dces not hold a current, unrevoked and unsuspended
massage therapy license issued by the state of Arizona.
2. FQr anv �erson �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 pexson 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.
Exhibit A to Marana Resalution No. 2012-098
14
EXHIBIT A TO MARANA RESOL UTION NO. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regudations, "
Chapter 9-4 "Massage Establishments" pursuant to Marana
Ordinance No. 2012.13
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
relaiing to human health, safety or welfaze or struchiral 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 prenuses 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 locafion used to disinfect and sterilize equipment.
D. Any location used to store linens.
SECTION 10. Section 9-4-19 of the Marana Town Code is hereby revised as follows
with added text shown with double underlining and deletions shown with s�c�e-e�-te�:
9-4-19 Massage establishment special requirements
Aan existine massage establishment �ee shall comply with the following
requirements and no massage establishment license shall be issued �
a}��licant 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.: The licensee. owner.
controllin� ne_rson. designated a�ent and / or mana�er shall ensuare that the
mas�ge establishment is in com�liance with the �rovisions of this section.
A. A readable sign shall be permanently affixed at the main entrance to fihe
business identifying the business as a massage establishmen�
B. Lighting consisfing of a m;n;mum of one 40 watt incandescent or equivalent
bulb shall be provided, and used, in each room or enclosure where services
are performed on patrons.
C. Ventilation shall be provided in accordance with Error! Reference source not
found. 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 establishmen�
E. Closed cabinets shall be provided, and used, for the storage of clean linens.
F. Notwithstanding any other requirement of this chapter, a minimum of one
shower or tub shall be provided for any establishment offering any
Exhibit A to Marana Resolution No. 2012-098
13
EXHIBTf A TO MARANA RESOL UTION NO. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establ ishments " pursuant to Marana
Ordinance No. 2012.13
license should not be denied, suspended or revoked. If the license inspector
does not receive a�es�e�se rec�uest for ag�eal hearing 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
�es�e�se rec�uest for a�neal��, 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 o e
town council. The applicant or licensee shall be notified in writing by
e��� an o�f the means s�Zecified in nara,�avh A of this section 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 �es�s�se-a�� 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 cause � a copy of the decision �
be mailed 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 8. Section 9-4-16 of the Marana Town Code is hereby revised as follows
with added text shown with double underlining and deletions shown with st�€e�:
9-4-16 Application after denial e� revocation or nonrenewal
No applicant may apply for a license within one yeaz of the date af a denial,
revocation or nonrenewal of the applicant's license, unless the cause of the
denial, s�er�e� 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 9. Section 9-4-18 of the Mazana Town Code is hereby revised as follows
with added text shown with double underlinin�:
9-4-18 Inspection of massage establishments
An applicant for a massage establishment license, a controlling person �
�esigr�ated a�ent for a licensee, a manager, or a licensee shall permit
representatives of the police department, any other town department and any
Exhibit A to Marana Resolution No. 2012-098
12
EXHIBTTA TO MARANA RESOLUTIONIVO. 20i2-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments " pursuant to Marana
Ordinance No. 2012.13
studio art studio, motion �icture studioltheater or televhone answe ix g
service.
26 Anv other reasan or reasons deemed sufficient bv the license ins�ector, as
1�.��.as the reason or reasons are based u�on statutes ordinances codes or
� bs iive volicv sta#ements which nrovide 'ustification for the denial,
sus�ension revocation or nonrenewal of the license
B. The massage establishment license shall be denied if any of the following
persons would be clisqualified 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 xnanaging 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 � existing
license pursuant to the appeal provisions of this chapter, the licensee shall be
permitted to continue operations under the previously effective license until
resolution of the appeal
SECTION 7. Section 9-4-15 of the Marana Town Code is hereby revised as follows
with added te�ct shown with double underlinine and deletions shown with �'�'�° ��•+ +°"�:
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, ar 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�,-� The. notice shall be� rss onall,y served uvon the licensee or u �on
an_�nonsible person at the business address on file with the license
ins�ector or at the acival business address, if different, or mailed by ceriified
mail or , other method for which �roof of rece�t mav be obtained bv the
license ir��ector to the address of the applicant or licensee listed in the
current year's license application or renewal application or to the business
address of the agvlicant or licensee. The notice shall also include an
explanation of the applicanYs 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 �es�e�se-a� request for an appeal hearing to
the license inspector, which shall include a statement of reasons why the
Exhibit A to Marana Resolution Na. 2012-098
11
EXHIBIT A TO MARANA RESOL UTION NO. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments" pursuant to Marana
Ordinance No. 2012.13
14. The applicant, licensee,_ desi�nated a en or a controlling person has an
outstanding warrant for his or her arrest.
15. The applicant was a conirolling 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.
�. case of a massa�e establishment the licensee has failed to maintain
i� the records of the license ins�ector the name and license number of each
}�ers�n em�loved as a mana��r at the massa,ge establishmen#.
17 The a�vlicant or licensee is under 18 vears of a�e•
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Exhibit A to Marana Resolution No. 2012-098
10
EXHIBTI A TO MARANA RESOL UTION NO. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments " pursuant to Marana
Ordinance No. 2012.13
town would constitute a violation of any offense proscribed by tifle 13,
chapters 14, 32, and 35.1 of the Arizona revised statutes. The fact that the
conviction is bein� avvealed or has been set aside shall have no effect
4. The applicant, licensee, designated agent or controlling person is guilty of
untrue, fraudulent, misleading, or deceptive advertising.
5. The applicant, licensee desi ag,n ted ag� 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.
b m�.. �• � ;-��see-� ,u,.,. .. �„� „i..,.,,a .,�, ,.� ,a.,,
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�re�sie�ts Anv violaiion 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°�6
or greater interest in the licensee.
8. In the case of a massage establishment, �lie 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 a�g�ie-a�--e� 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 a��
'c ee 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 €ailed
to maintain in the records of the license inspector the name of an
individual as a designated agent.
11. The applicant, licensee, manager,� ��em�lovee or lie 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 dxessing 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 meehanical
device to record, reproduce or transmit an optical image.
12. The applicant, licensee desi�xiated a�,,�?�it x�an��er or controlling person
knows or should have known that seacual acts sexual activit� solicitation.
prostitution, indecent exposure or pornographic acts are occurring or
have occurred in the operation of the massage establishment.
13. The license application was falsified.
Exhibit A to Marana Resolution No. 2012-Q98
9
F.�'HIBTIA TO MARANA RESOLUTIONNO. 2p12-098
Amendments to the Marana Town Code, Title 9"Busaness Regulations, "
Chapter 9-4 "Massage �stablishments"pursuant to Marana
Ordinance No. 2012.13
mana�e�'s town license number with date of license e�iration 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
investigadon may include an inspection of the premises of the massage
establishment by the appropriate town departments, as well as any
appropriate federal, state ar county agencies, for the purpose of ensuring
compliance with this chapter and any code, statuta or regulation relating to
human health, safety or welfaze or structural safety. 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 penaliy 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 ntanage a massage establishment until a new license
has been issued.
SECTION 6. Section 9-4-14 of the Marana Town Code is hereby revised as �ollows
with added te� shown with double underlinin� and deletions shown with s��ke-eK�:
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 for a period not to exceed �8 � calendar days, or
denied renewal upon any one or more of the following grounds:
1. The applicant, licensee�lesi�nated agent or controlling person is guilty of
fraud in conducting the business of a massage establishment or of fraud
or deceat in obtaining a license.
2. The applicant, licensee, design�d agent or controlling person has been
convicted within the past five yeazs 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 ', u1c1�
but not limited to anv offense involvin� dishonestv deceit, theft,
assaultive conduct or sexual misconduc� Thp fact that the conviction i�
bein� anvealed or has been set aside shall have no effect
3. The applicant, licensee, design.�ted a� 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
Exhibit A to Marana Resolution No. 2012-098
8
�XHIBIT A TO MARANA RESOL UTION 1V0. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments " pursuant to Marana
Ordinance No. 2012.13
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 depaztment of
public safety for the purpose of obtaining state and federal criminal history
record information The Arizona department of public safety is autharized to
exchange this fingerprint data with the federal bureau of inves#igation.
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 establishrnent manager licensees. The town shall
comply with all relevant state and federal rules and regulations regazding the
dissemination of crimix�al history record information.
F Notwithstandin� anv other nrovision of n�ter the Lc�n� insvector
mav dela�v the �r� or denial of a massa�e establishment license uvo�
�ubmission of a c�o plete a�lication for a�eriod of un to 90 davs if there
or did exist within the 60-da�veriod grior to the date the a�lication
was first submitted an active massa�e establishment license at the location #or
v�hich the anvlication was submitted and there also exists a law e nforcement
renort documentin,g a violation of this chagter at that establishment or a state
�ro�c►�+son of that existing establisl�ment relatin� corn�liance with an� of
thP ��y�ons of t1���chagfier For ���noses of this naragrauh an active
�.,nassa�e establishment license includes a license that has been susvended or
revoked rovided that a revoked license is no lon�er o
�g�rind nf t;mP fcJr �Z�1 with no a�peal taken or after the hearin� 'cer
� ruled in the event an avv is taken and the dec�ion is in the town's
# vor twithstandin� anv other nrovision of this narag�a�an� license
'ect to a iu� al s�y ,or �junction is active license.
� SECTION 5. Section 9-4-13 of the Marana Town Code is hereby revised as follows
with added text shown with double underlinin�:
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 licenseg must submit a current listing of xnassage therapis#s
working at the establishment, and each massage therapist's Arizana state
license number with date of license e�cpiration. The licensee must also submit
a current listin� of mana�ers workin� at the establishment and eac�i
Exhibit A to Marana Resolution No. 2012-098
7
EXHIBIT A TO MARANA RESOL UTION NO. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments " pursuant to Marana
Ordinance No. 2012.13
���s�
� A single license shall be issued to an applicant that consists of a husband and
wife.
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SECTION 4. Section 9-4-12 of the Marana Town Code is hereby revised as follows
with added text shown with double underlinin�:
9-4-12 License application investigation; authority to receive criminal history
record information; use of criminal history record information�
ori to delav licensin� decision
A. Any applicant far 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 applieation containing the information
required by this chapter.
B. The 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 agent and #he manager. The investigation shall
include an inspection of the premises of the massage esfiablishment or
proposed massage establishment by the appropriate town departments, as
well as any appropriate federal, state or county agenci.es, for the purpose of
ensuring compliance with this chapter and any code, statute or regulation
relating to hurnan health, safety or welfare or structural safety. Based on the
investigation, the departments 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 cuxrent and prospective massage establishment licensees, including
applicants, owners" controlling persons and designated agents, and current
, and prospective massage establishment manager licensees.
Exhibit A to Marana Resolution No. 2012-098
6
EXHIBIT A TO MARANA RESOLUTION NO. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments" pursuant to Marana
Ordinance No. 2012.13
c. The designated agent
15. The articles of incorporation, articles of organization, or certificate of
limited parinership, together with any amendments, for the applicant, as
applicable.
16. A list of services to be offered by the massage establishment.
17. A site plan showing the configuration of the overall business premises
and a floor plan containing the information required by this paragraph.
The plans need not be professionally prepared but must be at least 8�/z
inches by 11 inches in size. The floor plan shall indude the following:
a. The location of all interior doors, walls, curtains and room dividers.
b. A descxiption 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 touchixig techniques or
massage therapy and a description of its intended and acival 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.
20 The name or names of all em�lovees of the massage establishment.
21 Written �roof of the current fee ownershi� of the tract of land on which
the establishment is to be situated in the form of a co�v of the recorded
deed if the nersons identified as the fee owners of the tract of land are not
,_ _ ____ __
also the owners of the massa�;e establishment then written vroof
Qvidencing the le�v enforceable ri,��.ht o_ f the �nlicant to have or obtain
the use and }�os�ssion o€ the tract of land for the �urnose of the o}�eratio
of the massa�e establishment, in the form of a lease, �urchase contract.
�urchase o�tion contract lease o*�tion contract or other similar
documents.
B.
Exhibit A to Marana Resolution No. 2012-098
5
FX�IIBIT A TO MARANA RESOL UTION NO. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments " pursuant to Marana Ordinance No. 2012.13
SECTION 3. Section 9-4-9 of the Marana Town Code is hereby revised as follows with
added te� shown with �louble u.nderlinin�:
9-4-9 Massage establishment license application; separate license; husband
and wife� �dditional re�uirements
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 noiices
and other licensing correspondence relating to the applicant, the licensee,
or the enforcement of this chapter.
6. The busixiess hours for the establishment.
7. All residence addresses of the applicant for the five-yeaz 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 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 forrn of a current driver's license with pichire, 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, wlule
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 eaeh conviction.
14. 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
Exhibit A to Marana Resolution No. 2012-098
4
EXHIB�7'A TO MARANA RESOLUTION NO. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments " pursuant to Marana
Ordinance No. 2012.13
N. "Person" means a cozporation, 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 sixnilaz representative.
O. "Private anatomical azeas" means the genii�ls, perineum and anal region of
any person and the area of the breast that includes the areola and the nipple
of any female person.
� • � ��- . . • s•
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• • • � •.i r. • � S �L; i� '
SECTION 2. Section 9-4-8 of the Marana Town Code is hereby revised as follows with
added text shown with double underlinin�:
9-4-8 New license application; fees• supulemental information
A. Any person desiring to obt�ain a massage establishment or manager license
shall apply to the license inspector on the form provided by the license
inspector for that purpose. Tiie license inspector shall refer the application to
the appropriate town departments for 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. I€ a license application is denied, the
first year license fee will be refunded to the applicant.
C. In addidon to the fees required by paragraph B, each person required to
submit fingerprints pursuant to this chapter shall pay the license inspector
the fee established by the director of the Arizona department of public safety
for the processing o# fingerprints pursuant to this chapter and A.R.S. § 41-
1750.
� � - . � • .� � . r • • � • g • � • � �- � � . • � . � •
�• •�1�.�t •• � �•� • � • �. - �- . �• .�
• � � - • � s - •
Exhibit A to Marana Resotution No. 2012-098
3
EXHIBlT A TO MARANA RESOLUTION ND. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments"pursuant to Marana
Ordinance No. 2012.13
organization or any other group acting as a unit, each owner, controlling
person and corporate officer shall be considered a licensee for purposes of
this chapter.
I. "Manager' means an individual authorized by the massage establishment
licensee to exercise overall operational control of the business, to supervise
employees, or to fulfill any of the functions required of a manager by this
chapter.
J. "Massage or touching techniqnes' 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;
, , ; herbal wraps; and touching procedures
upon fihe 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 tapotemen�
IG "Massage establishment" means any place of business or establishment
where any of the subjects or methods of treatrnent Iisted in paragraphs J or M
are administered, practiced or used, or from which is dispatched a person for
the purpose of administering, practi.cing or using any of the subjerts or
methods of treatrnent listed in paragraphs j ar M.
L. "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.
M. "Massage therapy" means any of the following fhat are undertaken to
increase weliness, relaxation, stress reduction, pain relief and postural
itnprovement, 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 cornponents
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 znanual 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, direcbed, assisted or passive
movements of the joints.
4. Hydrotherapy, including �he theraneLtic �lications of wat�r, heat. cold,
wra�s e��nfial O '���n brushing salt glows and similar a�plications of
�roducfis to the skin , , ,
, .
Exhibit A to Marana Resolution No. 2012-098
2
SECTION S. Since it is necessary for the preservation of the peace, health and safety of
the Town of Marana that this ordinance become immediately effective, an emergency is hereby
declared to exist, and this ordinance shall be effective immediately upon its passage and
adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4�' day of December, 2012.
.. G%�'?—�--E_.�-�''
ayor Ed Honea
ATTEST:
TO FORM:
, �/ � � ���
�u' � -'��,�!jc-,'r � �
�'� �C � � � � .,i �� �
Marana Ordinance 2012.13 - 2 -
MARANA ORDINANCE NO. 2012.13
RELATING TO BUSINESS REGULATIONS; AMENDING THE MARANA TOWN CODE
TITLE 9"BUSINESS REGULATIONS", CHAPTER 9-4 ENTITLED "MASSAGE
ESTABLISHMENTS"; MODIFYIl�iG DEFINITIONS; MODIFYING APPLICATION .AND
RENEWAL REQUIREMENTS; MODIFYING INVESTIGATTON PROCESS; ADDING
GROUNDS FOR AND MODIFYING PROCEDURES FOR DENIAL, SUSPENSION,
REVOCATION AND NONRENEWAL OF LICENSES; ADDING ACTIVITIES
CONSIDERED TO BE UNLAWFUL; MODIFYiNG REQUIREMENTS RELATED TO
RETENTION OF RECORDS; MODIFYING REQUIREMENTS RELATED TO LISTING OF
MANAGERS AND MANAGER PRESENCE AT ESTABLIS�IlVIENTS; MAI�ING CERTAIN
OTHER CLARIFICATIONS; AMENDING TOWN CODE SECTIONS 9-4-2, 9-4-8, 9-4-9, 9-4-
12, 9-4-13, 9-4-14, 9-4-15, 9-4-16, 9-4-18, 9-4-19, 9-4-20, 9-4-21, AND 9-4-22; AND
DECLARING .AN EMERGENCY.
WHEREAS the Town is authorized by A.R.S. § 32-4258 to adopt and enforce regulations
affecting the establishments, locations and settings in which individuals, entities and businesses
engage in the practice of massage therapy; and
WHEREAS the Town Council finds that the regulations established by this ordinance are
necessary for the public health, safety and general welfare of the Town of Marana.
NOW, TI�REFORE, BE IT ORDAINED BY THE MA.YOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. The amendments to the Marana Town Code Title 9"Business Regulations",
Chapter 9-4 entitled "Massage Establishments", tl�ree copies of which are on file in the offiice of
the Town Clerk of the Town of Marana, Arizona, which were made a public record by and
attached as Exhibit A to Resolution No. 2012-098 of the Town of Marana, Arizona, are hereby
referred to, adopted and made a part of this ordinance as if fully set out here.
SECTION 2. T`he various tawn officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this ordinance.
SECTION 3. 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 4. 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, the decision shall not affect the validity of the remaining portions of this
ordinance.
Marana Ordinance 2012. t3 ' 1'