HomeMy Public PortalAbout15-26 MASSAGE THERAPY OPERATIONAL STANDARDS 1st Reading: July 22, 2015
2nd Reading: September 9, 2015
Public Hearing: September 9, 2015
Adopted: September 9, 2015
Effective Date: September 9, 2015
Sponsored by: Commissioner Pinder
ORDINANCE NO. 15-26
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, AMENDING THE CITY CODE
BY CREATING ARTICLE XV. "MASSAGE THERAPY
ESTABLISHMENTS," IN CHAPTER 13, "LICENSES AND
BUSINESS REGULATIONS"; PROVIDING ADDITIONAL
OPERATIONAL STANDARDS FOR MASSAGE THERAPY
ESTABLISHMENTS AND HUMAN TRAFFICKING
ACTIVITIES; PROVIDING FOR ENFORCEMENT AND
PENALTIES; PROVIDING FOR INCORPORATION INTO THE
CITY CODE; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the trade and exploitation of human beings for the purposes of
Indentured servitude, forced prostitution and labor, and any other activity that
deprives a person of his/her human rights ("human trafficking activity") constitute
modern-day slavery and a worldwide crisis; and
WHEREAS, no community, including the City of Opa-locka (the "City"), is
Immune to human trafficking activity due, in part, because of various legitimate
business fronts that serve to mask the illegal and indignant activity; and
WHEREAS, several governmental agencies, from the City Police Department
to the Office of the Attorney General of Florida, have reported substantiated
findings that massage establishments have been regularly recognized as sites that
mask and host human trafficking activity; and
WHEREAS, the strategic plan resulting from the Florida Task Force on Human
Trafficking stated that message establishments are recognized as sites where
human trafficking activity occurs; and
WHEREAS, Section 480.52, Florida Statutes, expressly allows a municipality
to regulate persons and establishments licensed as massage therapists, so long as
Ordinance No. 15-26
such regulation does not exceed the powers of the State of Florida under Chapter
480, Florida Statutes; and
WHEREAS, the Mayor and City Commission have been made aware of
reports, from law enforcement and published in the media, that human trafficking
activity may be occurring as an adverse secondary effect associated with
unregulated and unlicensed massage businesses; and
WHEREAS, the Mayor and City Commission find that unregulated massage
businesses, particularly those that operate during early morning or late night
hours, carry a substantial risk of contributing to the occurrence of human
trafficking activity, as well as conducing other criminal activity and diminished
property values; and
WHEREAS, pursuant to Section 480.052, state law does not preempt local
regulation of massage establishments; and
WHEREAS, the Mayor and City Commission desire to provide further
standards for the operation of massage therapy establishments that will be
likewise protected by additional operational standards; and
WHEREAS, the Mayor and City Commission believe that policies contained
herein to reduce the opportunities for human trafficking activities to occur further
the health, safety, and welfare of the City and are in the best interest of the
community.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,AS FOLLOWS:
Section 1. Recitals. The above Recitals are confirmed, adopted, and
incorporated herein and made a part by this reference.
Section 2. Code Amended. The Code of Ordinance of the City of Opa-
locka is hereby amended by creating Article XV, "Message Therapy
Establishments," in Chapter 13, "Licenses And Business Regulations," to provide as
follows:
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Ordinance No. 15-26
CHAPTER 13. LICENSES AND BUSINESS REGULATIONS
ARTICLE XV— MASSAGE THERAPY ESTABLISHMENTS
Sec. 13-311 Legislative Intent.
It is the intent of the City Commission of the City of Opa-locka, Florida,
to enact by Ordinance, in accordance with Chapter 480, Florida
Statutes, local laws providing for regulations and standards for massage
therapy establishments that cumulatively work to protect legitimate
massage therapy establishments and to eliminate opportunities for
illegitimate massage therapy establishments to serve as fronts and/or
hosts for human trafficking activities, with the greater intention of
preserving the dignity and human rights of all persons in the City.
Sec. 13-312 Definitions.
The terms of this section shall have the same definitions as provided in
Section 480.033, Florida Statutes, as may be amended from time to
time, unless specifically provided otherwise herein. For the purposes of
clarity, the City adopts from Section 480.033 the definitions of the
following words:
ill "Massage" means the manipulation of the soft tissues of the
human body with the hand, foot, arm, or elbow, whether or not
such manipulation is aided by hydrotherapy, including colonic
irrigation, or thermal therapy; any electrical or mechanical device;
or the application to the human body of a chemical or herbal
preparation;
j) "Massage therapist'means a person licensed as required by this
act, who administers massage for compensation; and
(3) "Establishment" means a site or premises, or portion thereof,
wherein a massage therapist practices massage.
Sec. 13-313, Unlicensed provision of massage unlawful.
Unless expressly exempted, no person may provide massage as part of
any business or for any consideration or remuneration in the city, unless
the individual is duly licensed under Chapter 480, Florida Statutes, the
individual and/or Establishment has obtained an appropriate business tax
receipt from the City, and the individual and/or Establishment has all other city
and county approvals necessary to carry on such a business.
Sec. 13-314. Requirements for Massage Establishments.
A permitted massage therapy business shall meet all of the following
requirements:
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Ordinance No. 15-26
1. The massage therapy business (or establishment) shall be
licensed and meet all of the requirements set out in Florida law,
including the requirements in Chapter 480, Florida Statutes, and
Chapters 64B7-26 and 64B7-30, Florida Administrative Code.
2. All persons in the massage therapy business or establishment who
offer to provide or provide massage as defined in this Section and
in Section 480.033, Florida Statutes, shall be licensed by the State
of Florida and the license shall be in good standing. Each licensed
massage therapist shall be in compliance with all requirements of
Florida law, including those statutes and administrative rules
referenced in this Section.
3. The massage therapy business may only operate between the
hours of 5:00 a.m. through midnight, subject to the exceptions set
forth in this article.
4. The hours of operation set forth in paragraph (3) of this section do
not apply to any of the following:
(a) A massage therapy business located on the premises of a
healthcare facility as defined in Section 408.07, Florida Statutes:
A health care clinic as defined in Section 400.9905(4)
Florida Statutes;
(c) A hotel, motel, or bed and breakfast inn, as those terms
are defined in Section 509.242, Florida Statutes;
(d) A timeshare property as defined in Section 721.05 Florida
Statutes;
(e) A massage performed by a massage therapist acting
under the prescription of a physician or physician assistant
licensed under Chapter 458. Florida Statutes, a chiropractic
physician and /or an osteopathic physician licensed under Chapter
480. Florida Statutes, a podiatric physician licensed under Chapter
461, Florida Statutes, an advanced registered nurse practitioner
licensed under part I of Chapter 464. Florid Statutes, or a dentist
licensed under Chapter 466. Florida Statutes; and
(f) A massage provided by a licensed massage therapist
during a special event wherein the City has approved the operation
during the special event.
5. No massage establishment or business may be used as a place of
residence for any person. Facilities essential to a residence, such
as, without limitation, a bedroom or a full kitchen are prohibited in
massage therapy business and/or establishment, except to the
extent that bathroom and/or such other facilities are required to
4
Ordinance No. 15-26
maintain state licensure under Chapter 480. Florida Statutes, and
Chapters 64B7-26 and 64B7-30, Florida Administrative Code. It
shall not be a violation for a massage therapy business or
establishment to have and to use appliances associated with
prohibited facilities that are lawfully and regularly made a part of
the regular, legitimate business of a massage establishment and
which are not used in any manner that would violate city, county,
and state laws.
Sec. 13-315 Enforcement & Penalties
(1) It shall be unlawful to operate a massage therapy business or
establishment in contravention of this article. A person violating
the provisions of this article commits a violation of the city's
municipal code and commits a misdemeanor of the second degree.
A violation of the provisions of this Article may also result in the
revocation or suspension of the violator's business tax receipt, as
provided in section 41-78 of the city code. The city shall report any
violations of this article by a licensed massage therapist to the
Florida Department of Professional and Business Regulation, or
such other agency as may correspond to the situation, which may
result in additional penalties.
(2) Any premises in which massage is offered or performed, by
persons unlicensed by the State of Florida or otherwise in violation
of the provisions of Chapter 480. Florida Statutes, and Chapters
64B7-26 and 64B7-30. Florida Administrative Code, for which
discipline may be imposed by the State of Florida, shall be in
violation of the City code, and such activity may be declared a
nuisance and may be abated and enjoined, as provided in section
823.05, Florida Statutes, and/or such other applicable laws, as a
public nuisance.
(3) The owner, operator, or person in control, of any premises in the
city in which massage is offered or provided in violation of either
Florida law or this Article shall be liable for a violation of the city
code pursuant to Chapter 11 of the code, and shall commit a
misdemeanor of the first degree, punishable as provided by
Sections 775.082 or 775.083, Florida Statutes. A second or
subsequent violation of this section is a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083 or s. 775.084.
(4) A person who is unlicensed as a massage therapist by the State of
Florida or, notwithstanding the possession of such a license,
violates a provision of Chapter 480 or Chapters 64B7-26 or 64B7-
30. Florida Administrative Code, which would subject the
individual to discipline by the State of Florida for a violation of the
requirements of the license, or who violates any provision of this
Article, shall be liable for a code violation pursuant to Chapter 11 of
this Code and shall commit a misdemeanor of the first degree,
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Ordinance No. 15-26
punishable as provided in Sections 775.082 or 775.083, Florida
Statutes.
Section 3. Implementation. The City Manager, City Clerk, and
City Attorney are hereby authorized and directed to implement the provisions of
this Ordinance and to take any and all necessary administrative actions as may
be appropriate by their position to execute the purpose of this Ordinance.
Section 4. Education Resource. The City Manager and City Clerk
are hereby directed to create, and take all necessary actions to produce and
populate, an educational web page within the City of Opa-locka's website
providing the public with information and resources on how to identify and
combat human trafficking.
Section 5. Incorporation into the Code. The provisions of this
Ordinance, to the extent appropriate, shall become and be made a part of the
Code of Ordinance of the City of Opa-locka. The City Clerk is authorized to
take all actions necessary to incorporate the provisions of this Ordinance into
the Code of Ordinances, including, but not limited to, renumbering or re-
lettering sections and to change the word "ordinance" which may be changed to
"section," "article," or such other appropriate word or phrase in order to
accomplish such intention.
Section 6. Severability. The provisions of this Ordinance are
declared to be severable and if any section, sentence, clause or phrase of this
Ordinance shall for any reason be held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining sections, sentences,
clauses, and phrases of this Ordinance but they shall remain in effect, it being
the legislative intent that this Ordinance shall stand notwithstanding the
invalidity of any part.
Section 7. Conflicts. All ordinances or parts of ordinances,
resolution or parts of resolutions, in conflict herewith, are repealed to the extent
of such conflict.
6
Ordinance No. 15-26
Section 8. Effective Date. This Ordinance shall become effective
immediately.
PASSED AND ADOPTED this 9th day of S;•temb=
iT RA L. 'YLOR
Mayor
Attest to:
(,
Jo.. a Flores
City lerk
Approved as to form and legal
sufficiency:
Vincent T. Brown, Esq. ---
The Brown Law Group, LLC
City Attorney
Moved by: COMMISSIONER PINDER
Seconded by: COMMISSIONER SANTIAGO
Commission Vote: 4-1
Commissioner Kelley: YES
Commissioner Pinder: YES
Commissioner Santiago: YES
Vice-Mayor Holmes: NO
May Taylor: YES
7
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CITY OF OPA-LOCKA,FLORIDA
NOTICE TO THE PUBLIC CITY OF OPA—LOCKA,FLORIDA
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, NOTICE OF BUDGET HEARINGS
Florida will hold a public hearings at its Regular Commission Meeting on Wednesday. FY 201 5-2016
September 9,2015 at 7:00 p.m.in the Auditorium at Sherbondy Village,215 President
Barack Obama(Perviz)Avenue,Opa-locka.Florida to consider the following items: NOTICE iS HEREBY GIVEN that the City of Opa-locka City Commission will
SECOND READING ORDINANCES/PUBLIC HEARINGS: hold public hearings at its First Budget Hearing on Thursday.September 10.2015
(a'5:01 p.m.and Second Budget Hearing on Wednesday,September 23.2015 @
AN ORDINANCE OF THE CiTY COMMISSION OF THE CiTY OF 5:01 p.m. in the Auditorium at Sherbondy Village.215 President Barack Obama
OPA-LOCKA, FLORIDA, ESTABLISHING PROCEDURES FOR AGENDA (Perviz)Avenue,Opa-Iocka,Florida:
PREPARATION; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR PUBLIC HEARINGS:
SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE AN ORIDNANCE OF THE CITY COMMISSION OF THE CITY OF
DATE(first reading held on July 22,2015). OPA-LOCKA, FLORIDA, ADOPTING A FINAL MILLAGE RATE
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- PURSUANT TO SECTION 200.065,FLORIDA STATUTES,FOR FISCAL
LOCKA,FLORIDA,AMENDING CHAPTER 86-8,ARTICLES 6.1,6.2,6.3,6.4 YEAR 2015-2016, COMMENDING OCTOBER 1, 2015 THROUGH
AND 6.5; PROHIBITING NIGHTCLUBS, BARS, LOUNGES, CLUBS AND SEPTEMBER 30,2016;SETTING FORTH PUBLIC HEARINING DATES;
OTHER ESTABLISHMENTS THAT SELL ALCOHOL FROM OPERATING PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR
iN RESIDENTIAL DISTRICTS; PROVIDING FOR SEVERABILITY AND REPEAL OF ALL PRiOR ORDINANCES iN CONFLICT; PROVIDING
CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(first reading held FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE.
on July 22,2015).
AN ORDINANCE OF THE CiTY COMMISSION OF THE CiTY OF
AN ORIDNANCE OF THE CiTY COMMISSION OF THE CiTY OF OPA-LOCKA, FLORIDA, APPROVING AND ADOPTING THE CITY'S
OPA-LOCKA,FLORIDA,AMENDING CHAPTER 4,ARTiCLEI,SECTION 4-8; BUDGET FOR THE FISCAL YEAR 2015-2016, INCLUDING THE
PROHIBITING SALE OFALCOHOLiCBEVERAGESWITHiN1,000 FEET OF GENERAL, SPECIAL REVENUE, PROPRIETARY, CAPITAL AND
PARKS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING DEBT SERVICE FUND BUDGETS,COMMENCING OCTOBER i,2015,
FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY AND
THROUGH SEPTEMBER 30,2016;PROVIDING FORTHEEXPENDITURE
CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(first reading held OF FUNDS ESTABLISHED BY THE BUDGET; AUTHORIZING THE
on July 22,2015). CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF APPROPRIATION OF ALL BUDGET EXPENDITURES; PROVIDING
OPA-LOCKA, FLORIDA, AMENDING THE CiTY CODE BY CREATING FOR FEES CONSISTENT WITH APPROPRIATION AND AMENDMENT;
ARTICLE XV "MASSAGE THERAPY ESTABLISHMENTS", iN CHAPTER PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING
13, "LICENSES AND BUSINESS REGULATIONS"; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY;
ADDITIONAL OPERATIONAL STANDARDS FOR MASSAGE THERAPY PROVIDING FOR AN EFFECTIVE DATE,
ESTABLISHMENTS;PROVIDING FOR ENFORCEMENT AND PENALTIES;
PROVIDNG FOR INCORPORATION INTO THE CITY CODE; PROVIDING Additional information on the above items may be obtained in the Office of the City
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING (Jerk.780 Fisherman Street.4''Floor,Opa-locka,Florida.All interested persons
FOR AN EFFECTIVE DATE(first reading held on July 22,2015). are encouraged to attend these meetings and will he heard with respect to the public
Additional information on the above items may be obtained in the Office of the City hearings.
Clerk,780 Fisherman Street.4'1 Floor.Opa-locka.Florida.All interested persons are
encouraged to attend these meetings and will be heard with respect to the public hearings. in accordance with the Americans with Disabilities Act of 1990, persons
needing special accommodations to participate in the proceeding should contact
In accordance with the Americans with Disabilities Act of 1990, persons needing
special accommodations to participate in the proceeding should contact the Office of the Office of the City Clerk at (305) 953-2800 for assistance no later than
the City Clerk at(305)953-2800 for assistance no later than seven(7)days prior to the seven (7)days prior to the proceeding. If hearing impaired, you may telephone
proceeding.If hearing impaired,you may telephone the Florida Relay Service at(800) the Florida Relay Service at (800) 955-8771 (TTY). (800) 955-8770 (Voice).
955-8771(fTY),(800)955-8770(Voice).(877)955-8773(Spanish)or(877)955-8707 (877)955-8773(Spanish)or(877)955-8707(Creole).
(Creole).
PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made
PURSUANT TO FS 286.0105:.t rnrnte who decires to appeal any derision made by any be any hoard,agency or commission with respect to any matter considered at such
board,agency.or cummi.sciun with respect to any matter considered at such meeting or meeting or hearing will need a record of the proceedings,and jar that reason,may
/tearing is ill need a record of the proceedings,and fin-that reason,mac need to ensure
need to ensure that a verbatim record of the proceedings is made, which record
that it verbatim record of the proceedings is made,which record includes the testimony
includes the testimony and evidence upon which the appeal maybe based.
and evidence upon which the appeal may he based.
JOANNA FLORES,CMC JOANNA FLORES,CMC
CITY CLERK CITY CLERK