HomeMy Public PortalAbout1988_01_27_O004esB'drg ~n ~f~'rginia
ORDINANCE NO.
AN ORDINANCE:
PRESENTED January 27, 1988
88-0-4 ADOPTED January 27, 1988
AMENDING SECTIONS 11-62, 11-63, 11-64, 11-68, 11-69 AND
11-70 OF THE TOWN CODE REGARDING MASSAGE THERAPY
WHEREAS, this Council has previously amended Article III of Chapter 11
to accommodate legitimate massage therapy which is a recognized therapeutic
health service that should be made conveniently available to Leesburg
citizens; and
WHEREAS, the term"massage parlor" is a pejorative term that does not
apply to the massage therapy services that are regulated and authorized in
Article III, Chapter 11:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Chapter 11, Article III, Sections 11-62, 11-63, 11-64,
11-68, 11-69 and 11-70 of the Town Code are hereby amended to read as
follows:
ARTICLE III. MASSAGE P~d~ORS THERAPY LOCATIONS
Sec. 11-62. Definitions.
For purposes of this article, the following words and phases shall
have the meanings respectively ascribed to them by this section:
Massage-p~l~>~ therapy location: 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~mm~-t~-therap~ location" does not include:
(a) Hospitals, nursing homes, medical clinics or the offices or
quarters of a physician, surgeon or an osteopath; or
(b) 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
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ORDINANCE - AMENDING SECTIONS 11-62, 11-63, 11-64, 11-68, 11-69 and
11-70
clientele; or
(c) Barbershops and beauty parlors.
Massage technician. A person who practices any one .of more
of the arts of body massage, either by hand or mechanical
apparatus, oil rubs, corrective gymnastics, mechanotlherapy,
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 therapy location within tlhe town
without first having obtained a permit and complying with all the
provisions in this article.
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 processing 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-pae~oe therapy location;
(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 fives on a charge of violating any provision included in
Sections 18.1-187 through 18.1-236, Code of Virginia (1950)
as amended, which laws relate to sexual offenses, or on a
charge of violating a similar law of any jurisdiction;
Sec. 11-68. Sanitation.
(a)
Ail equipment, shower stalls, toilets, lavoratories and any
other such accoutrements of the establishment shall be of
nonporous materials and regularly treated with disinfectants
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ORDINANCE- AMENDING SECTIONS 11-62, 11-63, 11-64, 11-68, 11-69 and
11-70
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 par&er therapy location purposes of
inspection at all reasonable times.
(c)
Each massage patter therapy location shall be equipped
with toilet and lavotory facilities for patrons and
separate readily available toilet and lavatory facilities for
personnel.
(d)
Either the parlor quarters massage therapy location 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 feet of the massage par}or
therapy location.
Sec. 11-69. Environment.
No part of any quarters of any massage pa~e~ therapy location
shall be used for, or connected with, any bedroom or sleeping quarters; nor
shall any person sleep in such massage ~a~lew therapy location 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~arioT
therapy location 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.
(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 person owning, operating or managing
a massage-~, therapy location, knowingly to cause, allow or permit
in or about such massage-p~l~mr therapy location, 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. Ail prior ordinances and resolutions in conflict herewith
are repealed.
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ORDINANCE - AMENDING SECTIONS 11-62, 11-63, I 1-64, 11-68, 11-69 and
11-70
SECTION III. This ordinance shall be in effect upon its passage.
PASSED this 27th day of January
, 1988.
Robert E. Sevila,' Mayor
Town of Leesburg
ATTEST:
Clerk of ,C~ncil'