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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
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.
Iowa: BE IT ORDAINED, by the City Council for the City of Ames,
Section One: The Municipal Code of the City of Ames, Iowa, shall
be and is hereby amended by enacting a new section 17.24 to read as
follows:
"Sec. 17.24. LICENSING AND REGULATIONS OF THE MASSAGE
BUSINESS.
(1) Definitions. Unless otherwise expressly stated or the
context clearly indicates a different intention, the
following terms shall, for the purpose of this section,
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
where the controlling interest of the corporation is
held by five or less persons or legal entitites.
(b) Massage establishment: any place of business
wherein any of the treatments, techniques, or
method of treatment referred to in the definition of
'massage or massage service' are administered,
practiced, used, given or applied.
(c) Massage or massage service: any method of treat-
ing the external parts o the body, consisting of
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
to receive, a massage or massage services from a
massage technician for value.
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(e) Massage technician: any person who engages in the
business of performing massage services on or for
other persons by use of any or all of the treat-
ments, techniques or methods of treatment referred
to in the definition of 'massage or massage service'.
(f) Person of good moral character: any person who
meets all of the following requirements:
(i) He or she has such financial standing as will
satisfy the issuing authority that he or she
will comply with this section and all laws,
ordinances, and regulations applicable to his
or her operations under this section.
(ii) 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section which has been revoked during the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) He or she has not been convicted of a felony
involving moral turpitude. However, if this
conviction of a felony occurred more than five
years before the date of the application for a
license, and if his or her rights of citizenship
have been restored by the governor, the
issuing authority may determine that he or she
is a person of good moral character notwith-
standing such conviction.
(2) Compliance With Section Required.
(a) It shall be unlawful for any person, firm or cor-
poration to operate, own, conduct, carry on or
permit to be operated, owned, conducted or carried
on any massage establishment of any type or kind
including, but not limited to massage parlor,
massage service business or any massage business
or service offered in conjunction with or as part of
any health club, health spa, resort or health re-
sort, gymnasium, athletic club, or other business,
without compliance with the provisions of this
section. It shall be unlawful for any person to
perform the services, duties or work of a massage
technician except in compliance with the provisions
of this section.
(b) The following persons and institutions are excluded
from the operation of this section.
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(i) Persons licensed by the state of Iowa under
the provisions of chapters 148, 148A, 148B,
148C, 148D, 149, 150, 150A, 151, 152, 157 or 158
of the Iowa Code, when performing massage
therapy or massage services as a part of the
profession or trade for which licensed.
(ii) Persons performing massage therapy or
massage services under the direct supervision
of a person licensed as described in paragraph
(i) hereinabove.
(iii) Persons performing massage therapy or
massage services upon a person pursuant to
the written instruction or order of a licensed
physician.
(iv) Nurses' aides, technicians and attendants at
any hospital or health care facility licensed
pursuant to chapters 135B, 135C or 145A of the
Iowa Code, in the course of their employment
and under the supervision of the administrator
thereof or of a person licensed as described in
paragraph (i) hereinabove.
(v) An athletic coach or trainer,
a. in any accredited public or private secon-
dary school, junior college, college or
university, or
b. employed by a professional or semi- -
professional athletic team or organization,
in the course of his or her employment as such
coach or trainer.
(3) Licenses
(a) No person, firm or corporation shall operate, own,
conduct, carry on or permit to be operated, owned,
conducted or carried on any massage business in
the city unless the premises at which such business
is located meet the minimum standards set forth in
subsection 17.24(8) of this code and unless a li-
cense to operate a massage establishment is obtained
from the city in compliance with the provisions of
this section. Each massage establishment which was
in existence within Ames on the effective date of
this ordinance must comply with the application and
licensing provisions of this subsection within sixty
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(60) days thereof. Failure to so comply shall place
such establishment in violation of this section.
(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.
The city clerk shall cause an investigation of such
application to be made by the police department to
determine if such applicant is of good moral charac-
ter. The city clerk shall also cause an investigation
to be made by the fire department and building de-
partment to determine that all requirements of this
section have been satisfied and that the applicant
has fully complied with all applicable ordinances and
regulations relating to buildings, zoning, fire and
health.
(c) Application contents. The application shall contain
the following:
(i) The full name, address and social security
number of the applicant.
(ii) The full name of the business and the address
of the premises for which the application is
being made.
(iii) The criminal record of the applicant, if any.
(iv) A statement that the applicant is of good
moral character.
(v) A statement that the contents of the applica-
tion are true.
(vi) Proof that the applicant is an adult.
(vii) The type of business entity such as sole pro-
prietorship, partnership or corporation and, in
the case of a corporation, the names and
addresses of all officers and directors of the
corporation.
(viii)All information required herein of any appli-
cant shall also be provided for every person
who, directly or indirectly, has any right to
participate in the management or control of the
business to be conducted at the premises of
the proposed massage establishment.
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(ix) The name and address of the owner of the
building where such massage business will be
located.
(x) Certified copies of any lease or rental agree-
ment governing the applicant's rights in said
building.
(xi) The signature of the applicant or applicants
or, if the application is in the name of a
corporation, the signature of each officer of
the corporation.
(d) License fees. The following fees shall be charged
For massage establishment licenses:
(i) For establishments with one or two treatment
rooms or massage enclosures, $30.00;
(ii) For establishments with three or more treat-
ment rooms or massage enclosures, $130.00.
(e) Issuance of license. The building, fire, and police
departments shall make written reports of their in-
vestigations and shall submit such reports to the
city clerk within 45 days of the date of the appli-
cation. If the city clerk finds that the applicant
has fully complied with all requirements of this
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
city clerk shall approve the application and shall
authorize the issuance of a license to conduct a
massage business at the location designated in the
application. Said license shall expire one year from
the date of issuance. In the event that the city
clerk determines that the applicant has not fully
complied with all the requirements of this section
for a new or a renewal license, or any other appli-
cable ordinances or codes regulating fire, build-
ings, health or zoning, or may not be of good moral
character, or may have falsified his or her applica-
tion, then the city clerk shall, after consultation
with the legal department, advise the city council of
the basis for questioning the applicant's qualifica-
tions, and the procedures for notice and hearing as
set forth in subsection 17.24(4) shall apply before
the license shall issue.
(f) Separate license for each place of business. Each
massage business shall have a separate license for
each place of business, which shall be valid only
for the business conducted at that location.
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(g) License to be displayed. Each massage business
shall display its license conspicuously in the lobby
or waiting room area where such license may be
readily observed by all persons entering such
premises.
(h) Sale or transfer. No massage establishment license
shall be sold or transferred. The purchaser or
purchasers of any massage business or of the
majority of the stock of any corporation operating a
massage business shall obtain a new license before
operating such business at the location for which
the license has been issued.
(4) Denial, Suspension or Revocation of License.
(a) Grounds. The massage establishment license of any
such applicant or licensee may be denied, suspend-
ed, or revoked for violation of the provisions of
this section, or for failure to comply with applicable
fire regulations, building regulations, or health
ordinances, or for permitting massage technicians,
who are either employed by the licensee or who are
allowed by the licensee to perform the services or
work of a massage technician upon the premises of
the licensee, to violate the provisions of this sec-
tion, or if it is found that the applicant lacks good
moral character, or has falsified an application.
(b) In the event the city clerk is apprised of informa-
tion indicating that grounds for denial, suspension
or revocation of a massage establishment license may
exist, he or she shall cause an investigation of
such grounds to be made by the appropriate city
department or departments and, after consultation
with the legal department, shall advise the city
council in writing of the results of the investiga-
tion. If the city council determines that the report
reveals the probable existence of grounds for
suspension or revocation, it shall direct written
notice by ordinary mail to the licensee named on the
application at the massage establishment address
informing such person of its intention to hold a
public hearing on the question of whether such
license should be denied, suspended or revoked and
the grounds therefor, stating the date and time of
said hearing. Upon said hearing, if the city
council shall determine that such cause does exist,
(i) If the determination is the first such for
that licensee, it may withhold action on
an application for one month from date of
hearing or suspend an existing license for
up to one month, and thereupon such
licensee shall cease massage business at
that location or at any other location for
the period of suspension;
(ii) If the determination is the second such
for that licensee or if the city council
finds against the applicant or licensee on
two or more grounds at such hearing, it
may deny an application or revoke an
existing license at that location, and in
either event no massage establishment
license shall issue nor shall such business
be conducted at that location for a period
of one year, nor shall the licensee be
permitted to conduct such business in the
city for that period.
(5) Massage Technician License.
(a) License required. No person shall perform the
services, duties or work of a massage technician
without first receiving a massage technician license
from the city clerk. Such license shall not be
required for the owner of a licensed massage
establishment who performs the services, duties or
work of a massage technician in his or her own
establishment provided such person provides the
information required in subsections (c)(v) and
(c)(vii) hereof on the application for massage
establishment license, and states that such owner
will be a massage technician at such establishment.
Each massage technician who is employed by a
massage business within Ames, Iowa, on the effec-
tive date of this section must comply with the
application and licensing provisions of this section
within sixty (60) days thereof. Failure to so
comply shall place such technician in violation of
this section.
(b) Application procedures. Any person seeking a
massage technician license shall apply to the city
clerk. The city clerk shall cause an investigation
of such applicant by the police department to deter-
mine if such person is of good moral character.
(c) Application contents. The application shall
contain the following information:
(i) The full name, address, age and social
security number of the applicant.
(ii) The criminal record of the applicant, if
any.
(iii) 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
applicant has received, with a minimum of
750 hours of instruction at a 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 and venereal
diseases such as syphilis and gonorrhea,
executed within one week preceeding the
date of the application.
(viii)The name of the licensed massage
establishment where the applicant will be
employed.
(d) Issuance of the license. The police depart-
ment shall make a written report of its investigation
to the city clerk within 30 days of the date of the
application. The city clerk may, upon presentation
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
clerk shall thereupon issue a permanent massage
technician license to the applicant. The permanent
license shall expire one year from the date of
issuance. In the event that the city clerk deter-
mines that the applicant for a new or renewal
license has not fully complied with all of the re-
quirements of this section, or that the applicant is
not of good moral character, or that the applicant
has falsified his or her application, then the city
clerk shall, after consultation with the legal de-
partment, advise the city council of the basis for
questioning the applicant's qualifications, and the
procedures for notice and hearing as set forth in
section 17.24(6) of this code shall apply before the
permanent license shall issue.
(e) License valid only for establishment listed on
the application. The massage technician license,
when issued, shall be valid only for the massage
establishment listed on the application. A massage
technician changing place of employment shall have
his or her license amended by the city clerk to
show that the establishment proposing such employ-
ment holds a valid massage establishment license
before commencing work for the new employer.
(f) License to be kept at place of employment.
All massage technicians having licenses issued
pursuant to this section shall keep said licenses at
their place of employment as massage technicians.
(g) License fees. The license fee for a massage
technician license shall be $15.00. The fee for
listing a change of massage establishment shall be
$1.00.
(6) Denial, Suspension or Revocation of Massage
Technician Licenses.
(a) Grounds for denial, sus ension or revocation.
A massage technician license may be denied,
suspended, or revoked for any violation of
this section, including but not limited to the
failure to comply with new or renewal applica-
tion procedures, a finding of the lack of
requisite good moral character, or falsification
of new or renewal applications.
(b) Denial, suspension or revocation proceedings.
The city clerk shall, upon receipt o in orma-
tion alleging that grounds exist to deny,
suspend or revoke the massage technician
license of any applicant or licensee under this
section, and after consultation with the legal
department, report the circumstances to the
city council, which in such case shall cause a
notice to be sent by ordinary mail to the
applicant or licensee which notice shall state
that a denial, suspension, or revocation hear-
ing has been set before the city council, the
grounds for the proposed denial, suspension
or revocation, the date and time of the hearing
and the place where the hearing will be con-
ducted. Upon such hearing, if the city coun-
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
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the event such license is revoked, no massage
technician license shall issue to that licensee
for a period of one year.
(7) Home Massage Treatments.
Massages may be administered in the patron's home
by any massage technician having a license issued
in accordance with this section provided massages
are prescribed in writing by a physician duly
licensed to practice medicine in the state of Iowa
and such physician certifies that the patron is
unable for medical reasons to obtain such in a
massage establishment. No massage technician shall
administer any massage services at a location which
does not conform to or comply with the standards
set forth in subsection 17.24(8) of this code, except
as set forth in this subsection.
(8) Health Standards.
(a) No massage establishment shall be established,
maintained or operated in the city that does
not conform to or comply with the following
standards:
(i) Each room or enclosure where massage
services are performed on patrons shall
be provided with a minimum of four
foot-candles as measured four feet above
the floor.
(ii) The premises shall have adequate equip-
ment for disinfecting and clearning non-
disposable instruments and materials used
in administering massage services. Such
materials and instruments shall be cleaned
after each use.
(iii) Hot and cold running water shall be
provided at all times.
(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.
(v) Clean linen and towels shall be provided
for each massage patron. No common use
of towels or linens shall be permitted.
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(vi) All massage tables, bathtubs, shower
stalls, sauna baths, steam or bath areas
and all floors shall have surfaces which
may be readily cleaned.
(vii) Oils, creams, lotions or other prepara-
tions used in administering massages shall
be kept in clean containers or cabinets.
(viii)Adequate bathing, dressing, locker and
toilet facilities shall be provided for all
patrons served at any given time. All
patron lockers shall be lockable. In the
event male and female patrons are to be
served simultaneously, separate bathing,
dressing, locker, toilet and massage room
facilities shall be provided.
(ix) All walls, ceilings, floors, pools,
showers, bathtubs, steam rooms and all
other physicial facilities shall be in good
repair and maintained in a clean and
sanitary condition. Wet and dry heat
rooms, steam or vapor rooms, or steam or
vapor cabinets, shower compartments, and
toilet rooms shall be thoroughly cleaned
each day the business is in operation.
Bathtubs and showers shall be thoroughly
cleaned after each use.
(x) Each massage technician shall wash his or
her hands in hot running water using
soap or disinfectant before and after
administering a massage to each patron.
(xi) The premises shall be equipped with a
service sink for custodial services which
sink shall be located in a janitorial room
or custodial room separate from massage
service rooms.
(xii) No person shall consume food or
beverages in massage work areas.
(xiii)Animals, except for seeing-eye dogs,
shall not be permitted in massage
establishments.
(xiv)All massage establishments shall con-
tinuously comply with all applicable
building, fire or health ordinances and
regulations.
(b) No massage technician shall administer a
massage:
(i) If said massage technician believes,
knows, or should know that he or she is
not free of any contagious or communi-
cable disease or infection.
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GO To any massage patron exhibiting any
skin fungus, skin infection, skin in-
flammation or skin eruption; provided,
however, that a physician duly licensed
to practice in the state of Iowa may
certify that such person may be safely
massaged prescribing the condition there-
for.
(iii) To any person who is not free of com-
municable disease or infection or whom
the massage technician believes or has
reason to believe is not free of com-
municable disease or infection.
(9) Unlawful Acts.
(a) No massage patron receiving a massage shall
caress or fondle the massage technician ad-
ministering the massage.
(b) No massage technician shall masturbate or
fondle the genital area of a massage patron.
(c) No massage technician shall administer a
massage to a massage patron unless such tech-
nician's sexual and genital body parts are
completely covered by opaque clothing.
(d) No massages shall be administered to massage
patrons of different sexes in the same room or
enclosure at the same time.
(e) No massage technician shall administer any
massage services, and no massage patron shall
receive a massage from a massage technician,
at any place other than a massage establish-
ment covered by a license issued in accordance
with this code section, except in accordance
with subsection 17.24(7) of this code.
(f) No massage establishment licensee shall allow
or knowingly permit massage technicians in his
employ to administer massage services to a
massage patron at any location other than a
massage establishment covered by a license
issued in accordance with this code section
except in accordance with subsection 17.24(7)
of this code.
(g) No massage technician or a massage establish-
ment shall administer any massage services
between the hours of 10:00 p.m. and 7:00 a.m.
Section Two. Any ordinances or parts of ordinances in conflict here-
with to the extent of such conflict shall be repealed.
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Section Three. Violation of the previsions of this ordinances shall
constitute a sim demeanor• punishable by a fine not to exceed one hundred.
(100) dollars or by imprisonment for a period not to exceed thirty (30)
days,
Section Four. This ordinance shall l)c in full force and effect from and
after its passage and publication as required by ],rW.
Passed this 22nd day of September c
_ .
Gina 3icknese, City Clerk _ -- - -----`----
I�. Paul Coodland, Mayor.
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