HomeMy Public PortalAbout1979_06_13_O011TOWN OF LEESBURG
IN
LOUDOUN COUNTY, VIRGINIA
ORDINANCE NO. 79-0-11
PRESENTED June 13, 1979
AMENDED June 13, 1979
ADOPTED June 13, 1979
AN ORDINANCE:
AMENDING CHAPTER 11 OF THE TOWN CODE REGARDING
MASSAGE PARLORS
ORDAINED by the Council of the Town of Leesburg, Virginia, as
follows:
SECTION I. Chapter 11 of the Town Code is amended by adding a
new article to be numbered Article III, which shall read as follows:
Sec. 11-62.
ARTICLE III
MASSAGE PARLORS
Definitions
For purposes of this Article, the following words and
phrases shall have the meanings respectively ascribed to
them by this section:
Massage Parlor. Any establishment which offers service
in the form of massage, baths, exercises or similar services,
in combination to club members, or to the public for a charge.
The term "massage parlor" does not include: (1) Hospitals,
nursing homes, medical clinics or the offices or quarters of
a physician, surgeon or an osteopath; or (2) exercise clubs
exclusively for members or clientele of one sex alone where
the services, without massage in any form, are performed by
persons of the same sex as the members or clientele, or
(3) barbershops and beauty parlors.
Massaqe Technician. A person who practices any one or more
of the arts of body massage, either by hand or mechanical
apparatus, oil rubs, corrective gymnastics, mechanotherapy,
including color therapy, dietetics, hot packs, cabinet, tub,
shower, sitz, vapor, steam or any other special type of bath.
Sec. 11-63. Permit Required
It shall be unlawful for any person to operate or engage in
the business of operating any massage parlor within the town
without first having obtained a permit and complying with all
the provisions in this article.
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Sec. 11-64. Application for Permit
Applicants for permit under this article shall file
with the Town Manager an application in writing on a form to
be furnished by the Town Manager and accompanied by a proces-
sing fee of $50.00. The application shall establish the
following:
(a) Name and description of the applicant and proof
of the applicant's age.
(b) Applicant's permanent home address and full local
address.
(c) Health certificates from a licensed medical doctor of
the Commonwealth of Virginia.
(d) The information provided in a,'b and c above with
respect to all proposed employees of applicant and all
future employees.
(e) A complete and detailed description of the facilities
for the proposed massage parlor.
(f) The qualifications and training of the applicant and
all proposed employees as massage technicians.
(g) Information as to whether the applicant has been
convicted, pleaded nolo contendere, or suffered a forfeiture
within the last five (5) years on a charge of violating
any provision included in $s18.1-187 through 18.1-215 and
ss18.1-227 through 18.1-236, Code of Virginia (1950) as
amended, which laws relate to sexual offenes or on a charge
of violating a similar law of any jurisdiction.
(h) Application shall be executed under oath.
Sec. 11-65. Investiqation of Applicant; Issuancg. of Permit
(a) Upon receipt of the application fee as provided for in
the preceding section, the Town Manager shall cause to be made
a thorough investigation of the criminal record and qualifi-
cations of the applicant.
The Town Manager shall deny any application for a permit
under this chapter if he finds that the applicant is less than
eighteen (18) years of age; has been convicted, pleaded nolo
contendere, or suffered forfeiture within the last five (5)
years on a charge of any provision included in ss18.1-187
through 18.1-215 and ~18.1-227 through 18.1-236, Code of
Virginia (1950) as amended, which laws relate to sexual offenses
or on a charge of violating similar law of any other jurisdiction.
The making of false statement on the application shall also be
grounds for denial of a permit.
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(b) If the Town Manager is satisfied, as a result of investi-
gation, that the applicant meets all requirements of this
Article, he shall approve such application and issue a permit
which shall be valid for one year, upon payment of the business
license fee set out in Section 17-78 of the Town Code.
Sec. 11-66. Training of Massage Technician
No person shall give or offer or hold oneself out to offer as
a massage technician within the meaning of this Article or
employ or engage as an independent contractor any massage
technician who gives or offers, or holds oneself out to offer,
a massage without first having obtained a massage technician
permit from the Town Manager. The fee for said permit shall be
$25.00. In order to receive a permit, the applicant must have
satisfactorily completed a course or courses of study in body
massage in an approved school of instruction or training within
the criteria and guidelines set forth below:
(a) Said courses shall pertain to anatomy, physiology,
hygiene, first aid, exercise therapy, massage techniques
and related aspects of the art and science.
(b) A course of study in body massage shall constitute
five hundred (500) hours of study in connection with an approved
school pertaining to:
(1) Classroom or clinical training in therapeutic
massage and techniques.
(2) Classroom or clinical instruction or contra-
indications for massage.
(3) Classroom or clinical or laboratory instruction to
develop a knowledge of the anatomy and physiology of
the systems of the body with emphasis on the muscular
and skeletal systems.
(c) Any school or educational institution licensed to do
business as a school or educational institution in the state
in which it is located and providing requisite training herein
provided for shall constitute an approved school.
(d) Any school recognized by or approved by or affiliated
with the American Massage and Therapy Association, Inc. shall
constitute an approved school.
(e) Compliance with this Section shall first be determined
by the Town Manager.
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Sec. 11-67. Permit Expiration
(a) Ail permits issued hereunder shall be annual and expire
on December 31 of the year issued.
(b) Ail permits issued hereunder shall be deemed null and
void upon the sale, lease, or transfer cf any interest in the
said massage parlor for which issued.
Sec. 11-68. Sanitation
(a) Ail equipment, shower stalls, toilets, lavoratories, and
any other such accoutrements of the establishment shall be of
non-porous materials and regularly treated with disinfectants
and shall be maintained in a clean and sanitary condition at all
times.
(b) Health inspectors shall be given access to any part of the
quarters of a massage parlor for purposes of inspection at all
reasonable times.
(c) Each massage parlor shall be equipped with toilet and
lavatory facilities for patrons and separate readily available
toilet and lavatory facilities for personnel.
(d) Either the parlor quarters or the floor of the building
on which the quarters are located shall be equipped with a
lavatory for custodial services. In multiple storied, but small
buildings, the custodial lavatory may be located within 100 ft.
of the massage parlor.
Sec. 11-69. Environment
No part of any quarters of any massage parlor shall be used
for, or connected with, any bedroom or sleeping quarters; nor shall
any person sleep in such massage parlor except it be for limited
periods incidental to and directly related to a massage or bath.
This provision shall not preclude the location of a massage parlor
in separate quarters of a building housing a hotel or other
separate businesses or clubs.
Sec. 11-70. Unlawful Acts of Massage Technician
It shall be unlawful for a massage technician to willfully
perform any of the following acts:
(a) Placing of hand or hands upon, touching with any part
of the body, fondling in any manner, or massaging a sexual
or genital part, or any portion thereof, of any other person.
(b) Exposing of a sexual or genital part, or any portion
thereof, to any other person.
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(c) Failing to conceal, with a fully opaque covering in
the presence of any other person, the sexual or genital
parts of such massage technician.
It shall be unlawful for any massage technician to massage a
person of another sex in a massage parlor.
It shall be unlawful for any person owning, operating or
managing a massage parlor, knowingly to cause, allow or permit
in or about such massage parlor, any agent, employee or any
other person under his control or supervision, or any other
massage technician to perform such acts prohibited in this
section.
SECTION II. This ordinance shall be in effect upon its pas-
sage.
PASSED this 13th day of
Kenheth B. Rollins, Mayor
Town of Leesburg