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HomeMy Public PortalAbout3267-1977 - ORDINANCE CONCERNING THE HEALTH SAFETY AND WELFARE OF THE PEOPLEAMENDED ORDINANCE NO. 3267-1977 AN ORDINANCE CONCERNING THE HEALTH, SAFETY AND WELFARE OF THE PEOPLE OF THE CITY OF RICHNOND, INDIANA WHEREAS, there are sauna baths, massage parlors, and steam baths operating in the City of Richmond, Indiana; and, WHEREAS, the City Council recognizes that a body massage, sauna bath, and steam bath is conducive to the good health and well being of a human being and the proper application of such health services will affect the health and welfare of the people of the City of Richmond, Indiana; and, WHEREAS, the Common Council of the City is properly concerned with all circumstances affecting the health of the community; and, WHEREAS, there are many diseases of the skin which are transmitted by contact with contaminated cloth, sheets, towels, and other material used to cover mattresses, massage tables; and, improper massage may adversely affect the health of a person, and, a person coming in physical contact with any other person may transmit certain communi- cable diseases from one person to another person; and, WHEREAS, it is in the best interests to the people of the City of Richmond, Indiana, to control the operation of steam baths, massage parlors, sauna baths, to prevent the spread of diseases of all kinds and to protect the people of the City of Richmond, Indiana from im- proper massage; NOW THEREFORE, BE,IT ORDAINED BY THE CONMN COUNCIL OF THE CITY OF RICHMOND, WAYNE COUNTY, INDIANA, THAT: SECTION 1. DEFINITIONS: For the Purpose of This Ordinance, the Following Words and Phrases Shall Have the Meanings Respectively Ascribed to Them by This Section. (a) Employee. Any person over eighteen (18) years of age, other than a massagist, who renders any service in connection with the operation of a massage business and receives compensation from the operator of the business or patrons. (b) Licensee. The person to whom a license has been issued to own or operate a public bath, steam bath, health club, reducing salon or massage establishment as defined herein. (c) Massage. Any method of pressure on�;or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimu- lating of the external parts of the human body with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor. - 2 - (d) Massage Establishment. Any establishment having a source of income or compensation derived from the practice of massage as de- fined in Subsection (c), and which has a fixed place of business where any person, firm,.association or corporation engages in or carries on any of the activities as defined in Subsection (c). (e) Massagist, Masseur or Masseuse. Any person who, for any con- sideration whatsoever, engages in the practice of massage as defined in Subsection (c). M Outcall Massage Service. Any business, the function of which is to engage in or carry on massages at a location designated by the customer or client rather than at a massage establishment as defined in Subsection (c). (g) Patron. Any person over eighteen (18) years of age who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration therefor. (h) Permittee. The person to whom a permit has been issued to act in the capacity of a massagist (masseur or masseuse) as herein defined. (i) Person. Any individual, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character. (j) Recognized School. Any school or educational institution licensed to do business as a school or educational institution in the State in which it is located, or any school recognized by or approved by or affiliated with the American Massage and Therapy Association, Inc. and which has for its purpose the teaching of the theory, method, profession, or work of massage, which school requires a resident course of study not less than seventy (70) hours before the student shall be furnished with a diploma or certificate.of graduation from such school or institution of learning following the successful completion of such course of study or learning. SECTION 2. Permit Required. (a) Business license required. No person shall engage in or carry out the business of giving steam baths or operating public baths, health clubs,reducing salons or operating a massage establishment unless he has a valid massage business license issued by the City pursuant to the provisions of this ordinance for each and every separate office or place of business conducted by such person. (b) Massagist's Permit Required. No person shall practice massage as a massagist, employee or otherwise, unless he has a valid and sub- sisting massagist's permit issued to him by the City pursuant to the provisions of this ordinance. - 3 - SECTION 3. Exemptions. This ordinance shall not apply to the following individuals while engaged in the personal performance of the duties of their respective professions; (a) Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed:to practice their respective pro- fessions in the State of Indiana. (b) Nurses who are registered under the laws of this State or Licensed Practical Nurses or persons employed by an accredited hospital or nursing home. (c) Barbers and beauticians who are duly licensed under the laws of this State, except that this exemption shall apply solely to the massaging of the neck, face, scalp and hair of the customer or client for cosmetic or beautifying purposes. (d) This ordinance shall not apply to organizations which are qualified under Section 501 (c) (3) of the Internal Revenue Code and to which organizations contributions by individuals are deductible, for Federal Income Tax purposes as a charitable contribution; this ordinance shall not apply to individuals while acting in the employ of such organizations. SECTION 4. Application for Massage Establishment License. Every applicant for a license to be a licensee, as defined herein, or to maintain, operate, or conduct a massage establishment shall file an application under oath with the City of Richmond upon a form providedaby the City Controller and pay a nonrefundable annual license fee, which shall be $100 per year or any part thereof. Licensees who have already pai&-the license fee for the current period shall not be required to pay an additional fee hereunder. The application, once accepted, shall be referred to the Board of Public Works and Safety for investigation. Copies of the application shall within five (5) days also be referred to the Department of Buildings, the Fire Department, and the Health Department. The de- partments shall within thirty (30) days inspectthepremises proposed to be operated as a massage establishment and shall make written veri- fication to the Board of Public Works and Safety concerning compliance with the codes of the City of Richmond that they administer. The application shall further be referred to the Police De- partment for investigation of the applicants character and qualifica- tions. Each application shall contain the following information: (a) A definition of service to be provided. (b) The location, mailing address and all telephone numbers where the business is to be conducted. (c) The name and residence address of each applicant (hereinafter all provisions which refer to applicant include an applicant which may be a corporation or partnership). - 4 - (1) If applicant is a corporation, the names and residence addresses of each of the officers and directors of said cor- poration and of each stockholder owning more than ten percent (10%) of the stock of the corporation, and the address of the corporation itself, if different from the address of the massage establishment. (2) If applicant is a partnership, the names and residence addresses of each of the partners including limited partners, and the address of the partnership itself, if different from the address of the massage establishment. (d) The two (2) previous addresses immediately prior to the present address of the applicant. (e) Proof that the applicant is at least eighteen (18) years of age. (f) Individual or partnership applicant's height, weight, color of eyes and hair, and sex. (g) Copy of identification such as driver's license and social security card. (h) One portrait photograph of the applicant at least two (2) inches by two (2) inches and a complete set of applicant's finger- prints which shall be taken by the Chief of Police or his agent. If the applicant is a corporation, one portrait photograph at least two (2) inches by (2) inches of all officers and managing agents of said corporation and a complete set of the same officers' and agents' fingerprints which shall be taken by the Chief of Police or his agent. If the applicant is a partnership, one front -face portrait photograph at least two (2) inches by two (2) inches in size of each partner, including a limited partner in said partnership, and a complete set of each partner or limited partner's fingerprints which shall be taken by the Chief of Police or his agents. (i) Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application. (�) The massage or similar business license history of the appli- cant; whether such person, in previously operating in this or another City or State has had a business license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation. (k) All criminal convictions other than misdemeanor traffic vio- lations, including the dates of convictions, nature of the crimes and place convicted. (1) The name and address of each massagist who is or will be em- ployed in said establishment. (m) Applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught, provided, however, that if the applicant will not himself engage in the practice of massage as defined herein, he need not possess such diploma or certifi- cate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage is taught. - 5 - (n) The name and address of any massage business or other establish- ment owned or operated by any person whose name is required to be given in Subsection (c) wherein the business or profession of massage is carried on. (a) A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. (p) Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the state- ments set forth in the application and the qualifications of the appli- cant for the permit. (q) Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application. (r) The names, current addresses and written statements of at least three (3) bonafide permanent residents of the United States that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the City, then the County, then the State of Indiana and lastly from the rest of the United States. These references must be persons other than relatives and business associates. Upon the completion of the above provided form and the furnishing of all foregoing information the Board of Public Works and Safety shall accept the application for the necessary investigations. The holder of the license shall notify the Board of Public Works and Safety of each change in any of the dates required to be furnished by this sec- tion within ten (10) days after such change occurs. SECTION 5. Application for Massagist's Permits. Application for a massagist's business permit shall be made to the Board of Public Works and Safety in the same manner as provided above, accompanied by the annual nonrefundable massagist's permit fee of $75 per year of'part thereof. Massagists who have already paid the permit fee for the current period shall not be required to pay an additional fee hereunder. The application shall contain but not be limited to the following: (a) The business address and all telephone numbers where the massage is to be practiced. (b) Name and residence address, and all names, nicknames and aliases by which the applicant has been known, including the two previous addresses immediately prior to the present address of the applicant. (c) Social Security number, driver's license number, if any, and date of birth. (d) Applicant's weight, height, color of hair and eyes, and sex. (e) Written evidence that the applicant is at least eighteen (18) years of age. (f) A complete statement of all convictions of the applicant for any felony or misdemeanor or violation of a local ordinance, except misdemeanor traffic violations. (g) Fingerprints of the applicant taken by the Police Department. (h) Two front -face portrait photographs taken within thirty (30) days of the date of application and at least two (2) inches by two (2) inches in size. M The name and address of the recognized school attended, the dates attended and a copy of the diploma or certificate of graduation awarded the applicant showing the applicant has completed not less than seventy (70) hours of instruction. For persons presently employed as a masseur or masseuse in the City of Richmond, this Section shall not apply until January 1, 1978; present employment shall be established by sworn affidavit from the employer; after which time such person must be actively engaged, enrolled, or participating in a course of study designed to fulfill the requirements of this Section and which is certified to by an official of the approved school. The burden of establishing such active engagement, enrollment or participation shall be upon the person seeking a permit herein. For persons not so em- ployed, this Section shall be effective upon passage. In no event shall any person within the purview of this Ordinance act as afore- said without satisfying the training requirement set forth within the City of Richmond after January 1, 1978. (j) The massage or similar business history and experience prior to the date of application, including but not limited to whether or not such person is previously operating in this or another City or State under license or permit has had such license or permit denied, revolted or suspended and the reasons therefor, and the business activities or occupations subsequent to such action of denial, sus- pension or revocation. (k) The names, current addresses and written statements of at least three (3) bonafide permanent residents other than relatives, of the United States that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the City, then the County, then the State of Indiana and lastly from the rest of the United States. (1) A medical certificate signed by a physician, licensed to prac- tice in the State of Indiana, within seven (7) days of the date of the application. The certificate shall state that the applicant was exa- mined by the certifying physician and that the applicant is free of communicable disease. The additional information required by this Subsection shall be provided at the applicant's expense. iM (m) Such other information, identification and physical examina- tion of the person deemed necessary by the Police Chief in order to discover the truth of the matters hereinbefore required to be set forth in the application. (n) Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the state- ments set forth in the application and the qualifications of the appli- cant for the permit. (o) Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the City. SECTION b. Issuance of License or Permit Under This Ordinance. The City of Richmond shall issue a license for a public bath, steam bath, health club, reducing salon or massage establishment or a permit for a masseur or masseuse, after ratification by the Board of Public Works and Safety of the City of Richmond, if all requirements for a massage establishment or massagist permit des- cribed in this Ordinance are met unless it finds: (a) The correct permit or license fee has not been tendered to the City, and, in the case of a check, or bank draft, honored with payment upon presentation. (b) The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the City's building, zoning and health regulations. (;) The applicant, if an individual; or any of the stockholders holding more than ten percent (10%) of the stock of the corporation, any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the holder of any lien, of any nature, upon the business and/or the equipment used therein; and the manager or other person principally in charge of the operation of the business, have been convicted of any of the following offenses or convicted of an offense without the State of Indiana that would have constituted any of the following offenses if committed with the State of Indiana. (1) An offense that amounts to a felony or misdereanor except traffic violations. The City of Richmond may issue a license or permit to any person convicted of any crime described in Subsection (1) of this Section if it finds that such conviction occurred at least five (5) years prior to the date of the application. (d) The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the permit application or in any document required by the City in conjunction therewith. (e) The applicant has had a massage business, masseur, or other similar permit or license denied, revoked, or suspended by the City or any other State or local agency within five (5) years prior to the date of the application. (f) The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business, is not over the age of eighteen (18) years. SECTION 7. Approval or Denial of Application. The City of Richmond shall act to approve or deny an applica- tion for a license or permit under this Ordinance within a reasonable period of time and in no event shall the City of Richmond act to approve or deny said license or permit later than (90 days) from the date that said application was accepted by the Board of Public Works and Safety. Every license or permit issued pursuant to this Ordinance will terminate at the expiration of one year from the date of its issuance unless sooner suspended or revoked. SECTION 8. Posting of License. (a) Every massagist shall post the permit required by this Ordinance in his work area. (b) Every person, corporation, partnership, or association licensed under this ordinance shall display such license in a prominent place. SECTION 9. Register of Employees and Patrons. (a) The licensee or person designated by the license of a public bath, steam bath, health club, reducing salon or massage establishment shall maintain a register of all persons employed at any time as masseurs or masseuses and their permit numbers. Such register shall be available at the public bath, steam bath, health club, reducing salon or massage establishment to representatives of the City of Richmond during regular business hours. (b) The licensee or person designated by the licensee of a public bath, steam bath, health club, reducing salon, or massage establishment shall maintain a register of all patrons receiving a massage. Such register shall include name, drivers license number or social security number and age of the patron and shall be maintained for a period of not less than one (1) calendar year and shall be available for inspec- tion during regular business hours by representatives of the City of Richmond. SECTION 10. Revocation or Suspension of License.*, Any license issuedffor a public bath, steam bath, health club, reducing salon or massage establishment may be revoked or suspended by the City of Richmond after notice and a hearing, for good cause, or in any case where any of the provisions of this Ordi- nance are violated or where any employee of:the licensee, including ar,.masseur or masseuse is engaged in any conduct which violates any of the State or local laws or ordinances at licensee's place of business and the licensee has actual or constructive knowledge by due diligence. - 9 - Such permit may also be revoked or suspended by the City of Richmond after notice and hearing, upon the recommendations of the Board of Public Works and Safety and,:,Wayne :County .Health Department that such. busi- ness is being managed, conducted or maintained without regard to proper sanitation and hygiene. SECTION 11. Revocation of Masseur or Masseuse Permit. A masseur or masseuse permit issued by the Chief of Police shall be revoked or suspended where it appears that the masseur or masseuse has been convicted of any offense which would be cause for denial of a permit upon an original application, has made a false statement on an application for a permit, or has committed an act in violation of this Ordinance. SECTION 12. Facilities Necessary. No license to conduct a public%bath, steam bath, health club, reducing salon or massage establishment shall be issued unless an inspection by the City of Richmond reveals that the establishment complies with each of the following minimum requirements: (a) Construction of rooms used for toilets, rubs, steam baths and showers shall be made waterproof with approved waterproofed materials and shall be installed in accordance with the City of, Richmond Building Code. Plumbing fixtures shall be installed in accordance with the Uni'f.orm Plumbi_ng.'Code. (1) Steam rooms and shower compartments shall have waterproof floors, walls and ceilings approved by the City of Richmond. (2) Floors of wet and dry heat rooms shall be ade- quately pitched to one or more floor drains properly connected to the sewer. (Exception: Dry Beat rooms with wooden floors need not be provided with pitched floors and floor drains.) (3) A source of hot water must be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning. (b) The premises shall have adequate equipment for disinfecting and sterlizing nondisposable instruments and materials used in adminis- tering massages. Such nondisposable instruments and materials shall be disinfected after use on each patron. - 10 - (c) Closed cabinets shall be provided and used for the storage of clean linen, towels and other materials used in connection with administering massages. All soiled linens, towels and other materials shall be kept in properly covered containers or cabinets, which con- tainers or cabinets shall be kept separate from the clean storage areas. (d) Toilet facilities shall be provided in convenient locations. When employees and patrons of different sexes are on the premises at the same time., separate toilet facilities shall be provided for each sex. A single water closet per sex shall be provided for each twenty (20) or more employees or patrons of that sex on the premises At any one time. Urinals may be substituted for water closets after one water closet has been provided. Toilets shall be designated as to the sex accommodated therein. (e) Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or washbasins shall be provided with soap and a dispenser and with sanitary towels. (f) All electrical equipment shall be installed in accordance with the requirements of the National__Electrical,•Code._ SECTION 13. Operating Requirements. (a) Every portion of the --licensed premises_; including appli- ances and apparatus, shall be kept clean and operated in a sanitary condition. (b) Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers. (c) All employees, including masseurs and masseuses, shall be clean and wear clean garments whose use is restricted to the public bath, steam bath, health club, reducing salon or massage establish- ment. A separate dressing room for each sex must be available on the premises with individual lockers for each employee. (d) All public baths, steam baths, health clubs, reducing salons or massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in a sanitary manner. (e) No public bath, steam bath, health club, reducing salon or massage establishment granted a license under the provisions of this Ordinance shall place, publish or distribute or cause to be placed, published or distributed any advertisement, picture or statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to purchase or utilize any professional massage services. SECTION 14. Persons Under Age 18 Prohibited on Premises. No person shall permit any person under the age of eighteen (18) years to come or "remain on the premises of any massage business establishment, as masseur, employee, or patron, unless such person is on the premises on lawful business. SECTION 15. Revocation of License. Any license issued for a licensee as defined herein may be revoked or suspended by the Board of Public Works and Safety after notice and a hearing, in any case where any of the provisions of this Ordinance have been violated or that any statement made on the application for license would now be made false. Also this license shall be revoked should there exist any violation of the rules and regulations of the Health Department of Wayne County or the State of Indiana. SECTION 16. Employmehtof'Massagist.• No person shall employ as massagist any person unless said employee has obtained and has in effect a permit issued pursuant to this ordinance. SECTION 17. Inspection Required. The Chief of Police or his authorized representative shall from time to time make inspection of each public bath, steam bath, health club, reducing salons, or massage establishment for the purposes of determining that the provisions of this Ordinance are fully complied with. It shall be unlawful for any permittee to fail to allow such inspection officer access to the premises or hinder such officer in any manner. SECTION 18. Sale or Transfer or Change of Location. Any license granted herein is non -transferable except upon death of licensee. Any heir or devisee of a deceased licensee, or any guardian of an heir or devisee of a deceased licensee, may con''= tinue the business of the public bath, steam bath, health club, reducing salon or massage establishment for a reasonable period of time not to exceed sixty (60) days to allow for an orderly trans- fer of the license. SECTION 19. Name and Place of Business. No person granted a license pursuant to this Ordinance shall operate under a name not specified in his license, nor shall he conduct business under any designation or location not specified in his license. 12 SECTION 20. Violation and Penalty. Every person, except those persons who are specifically exempted by this Ordinance, whether acting as an individual owner, employee of the owner, operator or employee of the operator, or whether acting as a mere agent or independent contractor for the owner, employee or operator, or acting as a participant or worker in any way directly or indirectly who gives massages or is a licensee as defined herein, or any of the services defined in this Ordinance without first obtaining a license or permit and paying a fee to do so from the office of Controller of the City of Richmond or shall violate any provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction such person shall be punished by a fine not to exceed SECTION 21. Separability. (a) If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or un- constitutional by any Court of competent jurisdiction, such por- tion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. (b) All ordinances in conflict herewith are hereby repealed. (c) This ordinance shall be in full force and effect from and after its passage, provided, however, any person, partnership, corporation or association engaged in the operation of a public bath, steam bath, health club, reducing salon or massage establish- ment and every person engaged in the business or profession of massage, at the time of the enactment of this ordinance shall have (sixty (60) days) in which to comply with the licensing provisions of this Ordinance. PASSED and ADOPTED by the Common Council of the City of Richmond, Wayne County, Indiana, this _ � day of 1977. Pr i ent o Cormnon Council ATTEST: Ci Cler PRESENTEP by M to Mayor of the City. of Richmond, Indiana this 7 o clay 1977. City r APPROVED by me, Clif rd J. Diclum, Mayor of the City of Richmond, Indiana this �Ztnl _day of 1977. ATTEST: Lo City C e6ik- .