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HomeMy WebLinkAbout~Master - Licensing Requirements for Massage Technicians ORDINANCE NO. 3122 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING SUBSECTION 17.24(5) AND RE-ENACTING THE SAME REVISED TO CHANGE LICENS- ING REQUIREMENTS FOR MASSAGE :PECHNICIANS; REPEAL- ING ALL ORDINANCES IN CONFLICT HEREWITH; ESTABLISH- ING A PENALTY AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED, by the City Council for the City of Ames, Iowa: Section One. The Municipal Code of the City of Ames, Iowa is hereby amended by repealing and re-enacting Subsection 17.24(5) as follows: "(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 estab- lishment who performs the services, duties or work of a massage technician in his or her own establish- ment provided such person provides the information required in subsections (c)(v) and (c)(vii) hereof on the application for massage establishment li- cense, and states that such owner will be a mas- sage technician at such establishment. Each massage technician who is employed by a massage business within Ames, Iowa, on the effective date of this section must comply with the application and licens- ing 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 725 hours of instruction at a school accredited by the American Massage and Therapy Association. (vi) A statement that the contents of the applica- tion are true. (vii) A certificate issued by a licensed physician stating that the applicant is free from commu- nicable diseases and venereal diseases such as syphilis and gonorrhea, executed within one week preceding the date of the application. (viii) The name of the licensed massage establish- ment where the applicant will be employed. (d) Issuance of the license. The police department 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 on December 31 of the year of issuance. In the event that the city clerk deter- mines that the applicant for a new or renewal li- cense 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 department, 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 estab- lishment listed on the application. A massage tech 2 nician changing place of employment shall have his or her license amended by the city clerk to show that the establishment proposing such employment 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 techni- cian license shall be $15.00. The fee for listing a change of massage establishment shall be $1.00.11 Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction, punishable as set out in Section 1.9, Ames Municipal Code. Section Three. All ordinances or parts of ordinances in conflict herewith shall be repealed to the extent of such conflict if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication .as required by law. Passed this 26th day of March 1991. Nancy Dionigi, City Clerk Larry R. Curtis, Mayor 0148 i C, APPRO S TO RM BY ' Sohn C eus City Attornev 3