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HomeMy WebLinkAboutA007 - proof of publication, October 1, 1981 20 Ames(la.)Tribune, Wednesday, September 30, Proof of Publication in The LEGAL NOTICE LEGAL NOTICE AMES DAI LY TR I B U N E ORDINANCE NO.. 2784 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY ENACTING A NEW SECTION 17.24 FOR THE PURPOSE OF LICENSING AND STATE OF IOWA, STORY COUNTY, ss. REGULATING THE MASSAGE BUSINESS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES"IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT, IF ANY, AND, ESTABLISHING AN EFFECTIVE DATE. I, I#�dl. cckJ�x�� Robert J. Iowa: BE IT ORDAINED, by the City Council for the City of Ames, Jacobsen, on oath depose and say that I am Section One: The Municipal Code of the City of Ames, Iowa, shall xxvmkkk%x production foreman of the AMES ire and is Kereby amended by enacting a new section 17.24 to read as DAILY TRIBUNE, a daily newspaper, printed at follows: "Sec. 17.24. LICENSING AND REGULATIONS OF THE MASSAGE Ames, Story County, Iowa;that the annexed printed BUSINESS. (I) Definitions. ,Unless otherwise expressly stated or the City of Ames context clearly indicates a different intention, the following terms shall, for the purpose of this.section, Ordinance Nn— 7 7 R4 have the meanings set forth in this subsection. (a) Applicant: any person applying for a license to operate or conduct a massage business and in addition thereto shall include all partners in a partnership and all stockholders of a corporation was published in said newspaper for where the controlling interest of the corporation is held by five or less persons or legal entitites. (b) Massa a establishment: any place of business consecutive weeks,the first wherein any o the treatments, techniques, or and the last Of said publication was On the method of treatment referred to in the definition of 'massage or massage service' are administered, practiced, used, given or applied. 30t'1 day of '(c) Massa a or massage service: any method of treat- tng t e external.parts o the body, consisting of 1931 rubbing, stroking, kneading, tapping, or vibrat- ing; such treatments being performed by the hand or any other body,parts, or by any mechanical or electrical instrument. " (d) Massage patron: any person who receives, or pays Sworn to before me an subribed in my presence to receive, a massage or massage services from a by2ft1MXX=dVWMkdadbbJtxgwnM Robert J. massage technician for value. Jacobsen. (e) Massa a technician: any person who engages in the usiness o per orming massage services on or for other persons by use of any or all of the treat- this ZSt day of O tt7h ments, techniques or methods of treatment referred to in the definition of 'massage or massage service'. 1981 _ (f) Person_of good moral'character: any person who meets all oche ollow g requirements: ZAi_ .L t ,�� ir� Z�� —Notary Public (i) He or she has such financial standing as will '�� in and for Story County. satisfy the issuing authority that he or she /will comply with this section and all laws, ordinance;, and regulations applicable to his Fees,$ 250,20 or her operations under this section. 0i) He or she has not held a license under this section which has been revoked during the year last preceding the date of application. (iii) Persons performing massage therapy or massage services upon a person pursuant to (iii) He or she has not been convicted of a felony the written instruction or order of a licensed involving moral turpitude. However, if this physician. conviction of a felony occurred more than five - years before the date of the application for a (iv) Nurses' aides, technicians and attendants at license, and if his or her rights of citizenship any hospital or health care facility licensed have been restored by the governor,' the pursuant to chapters 135B, 135C or 145A of the " issuing authority may determine that he or she Iowa Code, in the course of their employment is a person'of good moral character notwith- and under the supervision of the administrator standing such conviction. _ thereof or of a person licensed as described in paragraph (i) hereinabove. (2) Compliance With Section'Required. *' (v) An athletic coach or trainer, (a) It shall be unlawful for any person, firm or cor- " - poration to operate, own, conduct, carry on or - a. in any accredited public or private secon- permit to be operated,owned, conducted or carried dary school, junior college, college or on any massage establishment of any type or kind university, or including, but not limited to massage parlor, massage service business or any massage business b. emgoyed by a professional or semi- - or service offered in conjunction with or as part of professional athletic team or organization, -any health club, health spa, resort or health re- sort, gymnasium, athletic club, or other business, in the course of his or her employment as such without compliance with the provisions of this coach or trainer. section. It shall be unlawful for any person to .. perform the services, duties or work of a massage (3) Licenses technician except incompliance with the provisions of this section. (a) No person, firm or corporation shall operate, own, conduct, carry on or permit to be operated, owned, (b) The following persons and institutions are excluded conducted or carried on any massage business in from the operation of this section. the city unless the premises at which such business is located meet the minimum standards set forth in (i) Persons licensed by the state of Iowa under .subsection 17.24(8) of this code and unless a li- the provisions of chapters 148, 148A, 148B, cerise to operate a massage establishment is obtained 148C, 148D, 149, 150, 150A, 151, 152, 157 or 158 from the city in compliance with the provisions of of the Iowa Code, when performing massage i.r this section. Each massage establishment which was therapy or massage services as a part of the in cylstence within, Ames on the effective date of profession or trade for which licensed. this ordinance must comply with the application and licensing provisions of this subsection within sixty (ii) Persons performing massage therapy i or (60) days thereof. Failure to so comply shall place massage services under the direct supervision such establishment in violation of this section. of a person licensed as described in paragraph (i) hereinabooe. (b) Application procedures. Any person, firm or cor- poration seeking a license to operate a massage es- tablishment shall make application to the city clerk. (g) License to be displayed. Each massage business The city clerk shall cause an investigation of such s a tsp ay its license cons is application to be made by the police department to or waiting room area where such licensein hmalob be determine if such applicant is of good moral charac- readily observed b all e y ter. The city clerk shall also cause an investigation premises. y persons entering such to be made by the fire department and building de- partment to determine that all requirements of this (h) Sale or transfer. No massage section have been satisfied and that the applicant establishment license has fully complied with all applicable ordinances and s a e so or transferred. Th purchaser or regulations relating to buildings, zoning, fire and purchasers of any massage bus' as or of the health. majority of the stock of any corporation operating a massage business shall obtain a new license before (c) APPlication contents. The application shall contain operating such business at the loc ton for which the ollowing: the license has been issued. (i) The full name, address and social- security (4) Denial, Suspension or Revocation of Licen e. number of the applicant. (a) Grounds. The massage establishmen license of any (ii) The full name of the business and the address suc applicant or licensee may be nied, suspend- of the remises for which the application is ad, or revoked for violation of [h p pP this section, or for failure to comply with applicable ! provisions of being made. fire regulations, building regulati s, ohealth (iii) The criminal record of. the applicant, if any. ordinances, or for permitting massa a technicians, who are either employed by the lice see or who are (iv) A statement that the applicant is of good allowed by the licensee to perform he services or moral character. work of a massage technician upon he premises of the licensee, to violate the provisio is of this sec- (v) A statement that the contents of the applica tion, or if it is found that the appli ant lacks good tion are true. i moral character, or has falsified in application. i (vi) Proof that the applicant is an adult. (b) In the event the city clerk is apprii ed of informs- tion indicating that grounds for den al, suspension (vii)The type of business entity such as sole pro-, or revocation of a massage establishm nt license may prietorship, partnership or corporation and, in exist; he or she shall cause an ' vestigation of the case of a corporation, the names and such grounds to be made by the appropriate city addresses of all officers and directors of the department or departments and, aft r consultation corporation. with the legal department, shall a vise the city council in writing of the results of the investiga- (viii)All information required herein of any appli- tion. If the city council determines hat the report cant shall also be provided for every person reveals the probable existence of grounds for who, directly or indirectly, has any right to suspension or revocation, it shall direct written participate in the management or control of the notice by ordinary mail to the license named on the business to be conducted at the premises of application at the massage establis ent address i the proposed massage establishment. informing .such person of its intention to hold a (ix) The time and address of the owner of the public hearing on the question of whether such license should be denied, suspended or revoked and building where such massage business will be the grounds therefor, stating the date and time of located. said' hearing. Upon said hearing, if the city Cer tified rtified copies of any lease or rental igree- council shall determine that such Mks does exist, ment governing the applicant's rights in said (I) If the determination is the first such for i 'building. that licensee, it may withhold action on (xi) The signature of-the applicant or applicants an application for one mont from date of hearing or suspend an exist' license for or, if the application is in the name of a on such up to one month, and thereupon corporation, the signature of each officer of - licensee shall cease massa bus the corporation. giness at_ that location or at any othe location for (d) License fees. The following fees shall be charged - the Period of suspension; For massage establishment licenses: P (ii) If the determination is the second such (i) For establishments with one or two treatment for that }icensee or if the city council rooms or massage enclosures, $30.00; finds against the applicant o licensee on two or more grounds at such hearing, it (ii) For establishments with three or more treat- may deny an application Or revoke an ment rooms or massage enclosures, $130.00. existing license at that location, and in either event no massage stablishment .(e) Issuance of license. The building, tire, and police license shall issue nor shall s ch business epartmentsshalFinake written reports of their in- be conducted at that location fora period vestigations and shall submit such reports to the of one year, nor shall the licensee be city clerk within 45 days of the date of the appli- permitted to conduct such bu iness in the cation. If the city clerk finds that the applicant city for that period. has, fully complied with all requirements of this ry section and all applicable ordinances and codes reg- ulating fire, buildings, health and zoning, and that the applicant is of good moral character, then the (a) License re wired. No person shall perform the It cityclerk shall approve the application and shall services, uties or work of a massa technician authorize the issuance of a license to conduct a without first receiving a massage technician license -°Y massage business at the location designated in the from the city clerk. Such license s all not be application. Said license shall expire one year from required for the owner of a licensed massage the date of issuance. In the event that the city establishment who performs the services, duties or clerk determines that the applicant has not fully work of a massage technician in his or her own complied with all the requirements of this section establishment provided such person provides the for a new or a renewal license, or any other appli- information required in subsections c)(v) and cable ordinances or codes regulating fire, build- (c)(vii) hereof on the application fur massage ings, health or zoning, or may not be of good moral establishment license, and states that such owner character, or may have falsified his or her applica- will be a massage technician at such p yea by tion, then the city clerk shall, after consultation Each massage technician who is employed by a m with the legal department, advise the city council of massage business within Ames, Iowa, or the effec- tivethe basis for questioning the applicant's qualifica- date of this section must compl with the application and licensing.provisions of his section Lions; and the procedures for notice and hearing as within sixty (60) da s ' set forth in subsection 17.24(4) shall apply before y thereof. Failureto so the license shall issue. comply shall place such technician in viol iolation of this section. (f) Se arap to lliicense for each place of business. Each massage usmess sha ave aseparate—license for (b) APPlication rocedures. Any perso seeking a % massage (echnician cense shall apply o the city ,,4 each place of business, which shall be valid only clerk. The cif clerk shall cause an vestigation for the business conducted at that location. of such applicant by the police department to deter- , mine if such person is of good moral character. (c) A lication contents. The application shall contain the o owing in ormation: (i) The full name, address, age and social security nuiiber of the applicant. (il) The crimin l record of the applicant, if any. A statement that the applicant is of good moral character. (iv) Proof that the applicant is an adult. (v) A list of all training in massage that the 750 applicant hours has sof received, at a h minimum of instruction school accredited by the American Massage and Therapy Association. (vi) A statement that the contents of the application are true. (vii)A certificate issued by a licensed physi- cian stating that the applicant is free from communicable diseases anc venereal diseases such as syphilis and gonorrhea, executed within one week precieding the date of the application. (viii)The name of the licensed massag establishment where the applica t will be employed. (d) Issuance of the license. The police depart- ment s a ma e a written report of its investigation (v) Clean linen and towels shall be provided to the city clerk within 30 days of the date of the for each massage patron'. No common use application. The city clerk may, upon presentation of towels or linens shall be permitted. of the certificate described in subsection (c)(7) hereinabove, issue a temporary massage technician permit to the applicant if the application is other- wise proper and pending receipt of the written police report. Upon receipt of the police report and the certificate, the city clerk shall approve the application if the applicant has fully complied with all the requirements of this section, and the city (vi) All massage tables, bathtubs, shower clerk shall thereupon issue a permanent massage stalls, sauna baths, steam or bath areas technician license to the applicant. The permanent and all floors shall have surfaces which license shall expire one year from the date of may be readily cleaned. issuance. In the event that the city clerk deter- (vii)oils, creams, lotions or other prepara- mines that the applicant for a new or renewal tions used in administering massages shall license has not fully complied with all of the re- be kept in clean containers or cabinets. quirements of this section, or that the applicant is (viii)Adequate bathing, dressing, locker and not of good moral character, or that the applicant toilet facilities shall be provided for all has falsified his or her application, then the city patrons served at any given time. All clerk shall, after consultation with the legal de- patron lockers shall be lockable. In the partment, advise the city council of the basis for event male and female patrons are to be questioning the applicant's qualifications, and the served simultaneously, separate bathing, procedures for notice and hearing as set forth in - dressing, locker, toilet and massage room section 17.24(6) of this code shall apply before the facilities shall be provided. permanent license shall issue. (ix) All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all (e) License valid only for establishment listed on other physicial facilities shall be in good tthhe a��cation: a massage tec nician license, repair and maintained in a clean and w enh issued, shall be valid only for the massage sanitary condition. Wet and dry heat establishment listed on the application. A massage rooms, steam or vapor rooms, or steam or technician changing place of employment shall have vapor cabinets, shower compartments, and his or her license amended by the city clerk to toilet rooms shall be thoroughly cleaned show that the establishment proposing such employ- each day the business is in operation. ment holds a valid massage establishment license Bathtubs and showers shall be thoroughly before commencing work for the new employer. cleaned after each use. (x) Each massage technician shall wash his or (f) License to be kept at place of em to ment. her hands in hot running water using All massage tec moans aving-licenses issued soap or disinfectant before and after pursuant to this section shall keep said licenses at administering a massage to each patron. their place of employment as massage technicians. (xi) The premises shall be equipped with a service sink for custodial services which (g) License fees. The license fee for a massage sink shall be located in a janitorial room techmeta'n IIcense shall be S1S.00. The fee for or custodial room separate from massage listing a change of massage establishment shall be service rooms. $1.00. (.ii)No person shall consume food or beverages in massage work areas. (6) Denial, Suspension or Revocation of Massage (xiii)Animals, except for seeing-eye dogs, Technician Licenses. shall not be permitted in massage establishments. (a) Grounds for denial suspension gyre (xiv)AlI massage establishments shall con- massage tee metan—license may a erred, tinuously comply with all applicable suspended, or revoked for any violation of building, fire or health ordinances and this section, including but not limited to the regulations. failure to comply with new or renewal applica- tion procedures, a finding of the lack of (b) No massage technician shall administer a requisite good moral character, or falsification massage: of new or renewal applications. (i) If said massage technician believes, (b) DenaD�_I s_._uspension or revocation proceedings. - knows, or should know that he or she is 'P a city clerx snail, upon receipt of inform not free of any contagious or communi- tion alleging that grounds exist to deny, .cable disease or infection. suspend or revoke the massage technician g applicant or licensee under this (ii) skin .any massage a patron exhibiting any license of any pp skin fungus, skin infection, skin in- section, and after consultation with the legal flammatign or skin eruption; provided, department, report the circumstances to the however, that a physician duly licensed city council, which in such case shall cause a to practice in the state of Iowa may notice to be sent by ordinary mail to the certify that such person may be safely applicant or licensee which notice shall state massaged prescribing the condition there- that a denial, suspension, or revocation hear- for. ing has been set before the city council, the (iii) To any person who is not free of com- grouAds for the proposed denial, suspension municable disease or infection or whom or revocation, the date and time of the hearing the massage technician believes or has and the place where the hearing will be con- reason to believe is not free of com- dueled. Upon such hearing, if the city coun- municable disease or infection. cil shall determine that one or more of such grounds do exist, it may deny an application or suspend or revoke an existing license. In (9) Unlawful Acts. the event such license is revoked, no massage (a) No massage patron receiving a massage shall technician license shall issue to that licensee caress or fondle the massage technician ad- for a period of one year, ministering the massage. (b) No massage technician shall masturbate or (7) Home Massage Treatments. fondle the genital area of a massage patron. (c) No massage technician shall administer a Massages may be administered in the patron's home massage to a massage patron unless such tech- by any,massage technician having a license issued nician's sexual and genital body parts are in accordance with this section provided massages completely covered by opaque clothing. are prescribed in writing by a physician duly (d) No massages shall be administered to massage licensed to practice medicine in the state of Iowa patrons of different sexes in the same room or and such physician certifies that the patron is enclosure at the same time. unable for medical reasons to obtain such in a (e) No massage technician shall administer any receive a emassage from a mmassageassage ptechnic tell chnician, massage establishment. No massage technician shall atron administer any massage services at a location which lace other than a massage establish- does not conform to or comply with the standards at any P set forth in subsection 17.24(8)of this code, except ment covered by a license issued in accordance as set forth in this subsection. with this code section, except in accordance with subsection 17.24(7) of this code. (8) Health Standards. (f) -No massage establishment licensee shall allow or knowingly permit massage technicians in his (a) No massage establishment shall be established, employ to administer massage services to a maintained or operated in the city that does massage patron at any location other than a not conform to or comply, with the following massage establishment covered by a license standards: issued in accordance with this code section except in accordance with subsection 17.24(7) (i) Each room or enclosure where massage of this code. services are performed on patrons shall (g) No massage technician or a massage establish, be provided with a minimum of four ment shall administer any massage services foot-candles as measured four feet above between the hours of 10:00 P.M. and 7:00 a.m. the floor. . (ii) The premises shall have adequate equip- Section Two. Any ordinances or parts of ordinances in conflict here- ment for disinfecting and clearning non- with to t e extent of such conflict shall be repealed. disposable instruments and materials used in administering massage services. Such materials and instruments shall be cleaned Section 'three. Violalion of the pr^visions of this ordinances shad after each use. constitute amisdemeanor punishable by a fine not to exceed one hundred (ifi) Hot and cold running water shall be (100) dollars or by imprisonment for :� period not to exceed thirty (30) provided at all times. days. (iv) Closed cabinets shall be provided and used for .the storage of all equipment, supplies and clean linens. All used dis- posable materials and soiled linens and towels shall be kept in covered containers or cabinets, which containers or cabinets shall be kept separate from clean storage cabinets. Section Four. 'Phis ordinance shall bl in rtin force and effect from and after its passage and publication as requiro,l hV law. Passed this 22nd day of S to ber 19RI. au ood and, Mayor to Bic nese, Sty Cler Published in The Ames Daily Tribune, September 30, 1981.