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HomeMy WebLinkAboutOrdinance 1177 MASSAGE ESTABLISHMENT ORDINANCE NO. 1177 AN ORDINANCE REPEALING ORDINANCE NO. 151, BEING AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATION OF MASSAGE ESTABLISHMENTS WITHIN THE CITY OF NORTH RICHLAND HILLS DEFINING TERMS; REQUIRING A LICENSE FOR THE OPERATION OF SUCH AN ESTABLISHMENT AND COMPLIANCE WITH ALL POLICE REGULATIONS AND HEALTH DEPARTMENT REQUIREMENTS GOVERNING THE MANAGEMENT AND OPERATION THEREOF; PROVIDING THAT ALL LICENSES AND RENEWALS THEREOF SHALL REQUIRE THE APPROVAL OF THE CHIEF OF POLICE OF SAID CITY; PROVIDING FOR APPEALS FROM THE ACTION OF THE CHIEF OF POLICE IN REFUSING TO APPROVE THE ISSUANCE OR RENEWAL OF LICENSES HEREUNDER; PROVIDING FOR THE REVOCATION OF LICENSES BY THE CHIEF OF POLICE AND FOR APPEAL THEREFROM TO THE CITY MANAGER AND CITY COUNCIL OF SAID CITY; DESIGNATING THE HOURS DURING WHICH SUCH ESTABLISHMENTS MAY REMAIN OPEN AND THE TYPE OF QUARTERS IN WHICH SUCH ESTABLISHMENTS MAY CONDUCT THEIR OPERATIONS; PROVIDING FOR INSPECTION OF PREMISES BY AUTHORIZED REPRESENTATIVES OF SAID POLICE AND HEALTH DEPARTMENTS MAKING IT UNLAWFUL TO EMPLOY CERTAIN PERSONS IN SUCH ESTABLISHMENTS; REQUIRING THE LISTING OF THE NAMES AND ADDRESSES OF ALL EMPLOYEES FOR INSPECTION BY REPRESENTATIVES OF SAID POLICE AND HEALTH DEPARTMENTS; REQUIRING MASSAGE ESTABLISHMENTS TO COMPLY WITH ALL ZONING REGULATIONS AND WITH ALL PROVISIONS OF THE HEALTH DEPARTMENT GOVERNING HEALTH AND SANITATION; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; FIXING A PENALTY FOR THE VIOLATION HEREOF; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS. TEXAS: That Ordinance 151, being an ordinance providing for the licensing and regulation of massage establishments in the City of North Richland Hills, be and the same is hereby repealed so that a new ordinance may be adopted and read as follows: SECTION I Definitions. For the purpose of this chapter the following words and phrases shall have the meaning respectively ascribed to them by this section: Chief of Police: The chief of police of the city or his duly authorized representative. Health Officer: The health officer of the county or his duly authorized representative. Massage: Any act or process of kneading, rubbing, stroking or other such touching or otherwise manipulating the skin of the body of a human being either with the hands or any other part of the human body, or through the use of any mechanical devices, electrical instruments, or other apparatus. The term "massage" as used in this chapter shall not include kneading, rubbing, stroking or other such touching as above defined by duly licensed medical doctors, doctors of osteopathy, chiropractors or registered physical therapists or registered nurses or licensed vocational nurses at the direction or under the prescription of a medical doctor or doctor of osteopathy when such treatment is administered or prescribed in the professional course of treatment of a patient for a bona fide medical or mental infirmity. The term "massage" shall not include massage authorized by the State of Texas in establishments licensed by the State of Texas as beauty shops and barber shops staffed by licensed barbers and beauticians. Massage Establishment: Any building, room, place or establishment, other than a regularly licensed hospital, where manipulated massage or manipulated exercise are practiced upon the human body by anyone not a duly licensed medical doctor, doctor of osteopathy, chiropractor, or a registered nurse or licensed vocational nurse acting at the direction of a doctor, whether with or without the use of mechanical, therapeutic or bathing devices, and shall include Turkish bathhouses. This term shall not include duly licensed beauty parlors or barber shops or a place wherein registered physical therapists treat only patients recommended by a licensed physician and operate only under such physician's direction or prescription. Crime of Moral Turpitude: Any of the crimes of theft, fornication, sodomy, procuring, pandering, keeping a bawdy house, keeping an assignation house, engaging in prostitution or assignation, or any other crime generally held under the law to constitute a crime of moral turpitude. Masseur: Any person, of either the male or a massage, as such term is herein defined. the purpose of this chapter, a masseuse. female sex, who shall administer Such term shall include also, for Prohibited Body Areas. Prohibited Body Areas are defined as including all genital organs, sex organs, and private parts of the human body and shall include, but not be limited to, the male and female genital areas, female breasts, and the area of the human buttocks. Section II License-Required. It shall be unlawful for any person to operate a massage establishment without first having obtained a license therefor from the City Secretary in accordance with the provisions of this chapter, or to operate a massage establishment after such license has been revoked, or during a period for which such license has been suspended. Such license shall be issued only upon the payment of the fee specified Section VI and upon the approval in writing of the chief of police and upon the issuance of a certification of occupancy from the Inspection Department. Such license shall expire on the 31st day of December of each year. Section III License-Display. The license required by this chapter shall be posted and kept in some conspicuous place in the massage establishment. Section IV License-Investigation of Applicant. After an application has been made for issuance of an original license or a renewal of an existing license to operate a massage establishment as defined herein, the chief of police, as the principal enforcement officer of this chapter, shall determine whether the applicant has been finally convicted in any court of a crime of moral turpitude, or whether such establishment employs any person who has been finally convicted in any court of a crime of moral turpitude. Section V License-Applicant to Furnish Names of Employees; Medical Certificates for Employees. At the time of making application for the license required by this Chapter, the applicant shall furnish to the Chief of Police the names and addresses of all employees of the massage establishment for which a license is sought, and all such employees shall be required to secure from the county health officer a medical certificate certifying that such employee has been examined and that such examination discloses the fact that such person, employed or to be employed by such establishment, is free from any infectious or communicable disease. Each such medical certificate shall be renewed quarterly by the health officer. Section VI License-Fee; Refund. The annual license fee shall be one hundred dollars ($100.00) for each such establishment. If the license is obtained between January first and June thirtieth of any year, the full amount of such fee shall be paid. If such license is obtained between July first and December thirty-first of any year, the fee shall be one-half of such amount. No refund of license fees shall be made. Section VII License-Refusal to Issue or Renew. The chief of police shall refuse to approve the issuance or renewal of any license required by this chapter to any applicant who has been finally convicted in any court of a crime of moral turpitude, as herein defined; or, to any applicant who employs in such establishment any person who has been finally convicted of a crime of moral turpitude. Section VIII License-Revocation or Suspension. 8.1 The chief of police shall revoke any license issued under this chapter should the holder of such license or the owner, operator, manager, employee or patron of any massage parlor or massage establishment in the City, do or commit any of the following acts or fail to comply with or meet any of the following requirements imposed by this chapter. a. Prior or subsequent final conviction in any court of the offense of theft, sodomy, procuring, pandering, keeping a bawdy house, engaging in prostitution or other offense involving moral turpitude. b. The occurrence at the massage premises of any act or conduct prescribed by this chapter, including, but not limited to, the provisions of Section X hereof. c. Massage of prohibited body areas. d. Failure to furnish current medical certificates as required by this chapter. e. Failure to maintain a correct patron registration ledger as required by this chapter. f. Permitting a patron to give false registration information as required by this chapter. g. Violation of the hours of operation as set forth in this chapter. h. Prohibiting entrance to the chief of police or his designated representative for the purpose of inspection of the licensed premises or the books or records required to be kept by this chapter. i. Failure to furnish for inspection as required by this chapter the books or records so required. j. Failure to register a patron as required by this chapter. k. Failure to verify the information furnished by a patron at a time of his registration as required by this chapter. l. The performance of any massage procedure, service or treatment, or the asking or collecting of a charge for same, other than that posted, described and set forth as required by Section XVI of this chapter. m. Violation of any of the sanitary requirements set forth in Section XIV of this chapter. n. Failure to post services as required by Section XVI of this chapter. 8.2 A license issued pursuant to this chapter shall be suspended for a period of not less than thirty (30) days nor more than ninety (90) days upon final conviction in any court of the holder of such license for the operation of the massage establishment in violation of any statute of this state, or any provision of this code or other ordinance of the city. 8.3 Any license issued pursuant to this chapter shall be suspended for a period of ninety (90) days upon the final conviction in any court of any employee of such massage establishment of a crime of moral turpitude, or a violation of any provision of this chapter. 8.4 Written notice of such revocation or suspension and the reasons therefor shall be given by the chief of police to the holder of such license at the holder's last known business address. Section IX License-Appeal from Refusal to Grant or Renew: from Decision to Revoke or Suspend. In the event the chief of police shall refuse to approve the issuance of an original license or the renewal of a license to any applicant, or revokes or suspends the license issued to any license holder under this chapter, this action shall be final unless the license holder shall, within ten (10) days after the receipt of written notice of such action, file with the city manager a written appeal. The city manager shall, within ten (10) days after the appeal is filed, consider all the evidence in support of or against the action appealed, and render a decision either sustaining or reversing the action. If the city manager sustains the action, the applicant or license holder may, within ten (10) days of that decision file a written appeal with the city secretary to the city council. Such written appeal shall set forth the specific grounds therefor. The city council shall, within thirty (30) days, grant a hearing thereon to consider the action, at which hearing the city council may make such investigation as it may see fit. The city council shall have authority to sustain, reverse or modify the action appealed. Such decision of the city council shall be final. Section X Standards of Operation. Following are the standards for operation of any massage establishment. It shall be unlawful for any license holder, owner, operator or manager of a massage establishment to do or commit any of the following prohibited acts or fail to comply with the following standards, or knowingly permit any employee so to do. It shall further be unlawful for any employee or patron of a massage establishment to do or commit any of the following prohibited acts or fail to comply with the following standards, where herein imposed upon them. 10.1 A masseur shall at all times while either (1) administering a massage or (2) in the presence of any patron, be clothed from the shoulders to the knees. 10.2 A patron shall, at all times during massage or while in the presence of a masseur, wear clothing over all the Prohibited Body Areas, as such term is herein defined, other than the breasts. 10.3 A massage establishment, if open to patrons of both the male and female sex, shall be divided into separate dressing and massage areas for the separate and exclusive use of male and female patrons, respectively. Such areas shall be divided by wall partitions not less than eight (8) feet in height, and patrons of one sex shall not be admitted to massage or dressing areas designated for the opposite sex. 10.4 Massages shall be administered only in open areas or in rooms or cubicles, separated from the means of immediate access thereby by not more than partial doors, which shall remain unlocked, and which shall not occupy any portion of the door opening less than 2-1/2 feet nor more than 5-1/2 feet above the floor level. 10.5 No massage establishment shall be kept open for any purpose between the hours of 10:00 p.m. and 6:00 a.m. 10.6 No massage establishment shall be operated as conducted in connec- tion, either directly or indirectly, with any place used for living or sleeping quarters. 10.7 No masseuer or masseuse shall massage a person of the opposite sex. Section XI Inspection of Massage Establishments; Examination of Employee. 11.1 The County Health Officer shall be authorized to make or cause to be made inspections to determine the condition of any massage establishment in order to safeguard the health, safety, and welfare as are infected with any infectious disease. 11.2 The Chief of Police shall be authorized to make or cause to be made inspections of any massage establishment to determine or insure compliance with the provisions of this chapter during the hours of operation of said establishment. 11.3 Whenever necessary to make an inspection to enforce any of the provisions of this Ordinance, the Health Officer or Chief of Police or their authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the County Health Officer or the Chief of Police by this Ordinance, provided that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, or, if no owner or other person having charge or control of the building or premises can be located, the County Health Officer or Chief of Police or his authorized representative shall have recourse to every remedy provided by law to secure entry. Section XII List of Employees. The manager or person in charge of a massage establishment shall keep a list of the names and addresses of all employees, both on duty and off duty, and such list shall be shown to all proper authorities of the police and health departments upon request. Section XIII Location Restrictions. It shall be unlawful for any person to operate or cause to be operated a massage establishment within 1,000 feet of a church, a public or private elementary or secondary school, or a district restricted to residential use by the comprehensive Zoning Ordinance of the City or a public park adjacent to residential area. Section XIV Sanitary Requirements: 14.1 It shall be the duty of every person conducting or operating a massage establishment to keep the same at all times in a clean and sanitary condition. All instruments and mechanical, therapeutic, and bathing devices, or parts thereof, that come into coptact with the human body, shall be sterilized by a modern and approved method of sterilization before initial use, and any such instruments and devices, or parts thereof, after having been used upon one patron, shall be sterilized before being used upon another. All towels and linens furnished for use of one patron shall not be furnished for use of another until thoroughly laundered. 14.2 All masseurs shall wash their hands thoroughly before administering massage manupulations to each patron accommodated. 14.3 No person suffering from a communicable disease shall work or be employed in a massage establishment. 14.4 No person shall be accommodated as a patron within a massage establishment when to the knowledge of the owner, person in control, or an employee, such person is suffering from a communicable disease. Section XV Registration of Patrons. In order to minimize the spread of infectious or communicable disease, the holder of a license issued under this chapter shall maintain a complete written daily register listing the name and address of each patron as given by such patron and as verified from personal identifica- tion papers of such patron. A current driver's license containing descrip- tive information consistent with the physical characteristics of such patron shall be deemed, for the purposes hereof, satisfactory personal identifica- tion in verification of the name and address of the patron. It shall be unlawful for any patron to give false identification as to name or address and it shall further be unlawful for the licensee or his employees to knowing- ly permit a patron to give a false name or address. Such daily register shall be kept and maintained at the licensed establishment and shall be made available to the Chief of Police or his designated representative for inspec- tion upon request at any time during the hours of operation of such establish- ment. Section XVI Public Notice and Posting of Services Performed and Charges Therefor. A license under this chapter shall cause at all times to be prominently and publicly posted, in writing and numbers of a size of not less than one (1) inch, a detailed list of the various massage procedures, treatment and services performed in said massage establishment and the respective charge or cost therefor. A copy of such list of services performed and the charges or cost thereof shall be furnished to the Chief of Police, at the time of application for license and thereafter at the time of any change in such services or charges therefor, if any such change be made. Section XVII Repealing Ordinance in Conflict. This ordinance shall repeal every prior ordinance in conflict herewith, but only insofar as the portion of such prior ordinance shall be in conflict, and as to all other sections of ordinances not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such ordinances or portions thereof as are expressly repealed hereby. Section XVIII Severability Clause. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance, and all the remainder of this ordinance not so declared to be invalid shall continue to be in full force and effect. The City Council of the City of North Richland Hills hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section XIX Savings Clause. All rights or remedies of the City of North Richland Hills, Texas, are expressly saved as to any and all violations of Ordinance No. of said City of North Richland Hills that have accrued at the time of the effective date of this ordinance, and as to such accrued violation the court shall have all the powers and jurisdiction that existed prior to the effective date of this ordinance. Section XX Penalty for Violation. Any person who violates any of the prov1s10ns of this chapter shall be guilty of a misdemeanor and each day the violation continues shall be separate offense. Each offense shall be punishable by a fine not to exceed $1,000.00. Section XXI Effective Date. This ordinance shall become effective from and after its passage and publication as required by law. PASSED AND APPROVED this 28th day of January 1985. ~~~ Dan Echols - Mayor ATTEST: JfJ¿~~rY APPROVED AS TO LEGALITY AND FORM: ",".-----...--..,---,. ., ---- Rex McEntire - Attorney City of J(8rth Richland Hills~ Texas ~~ January 29, 1985 PLEASE PUBLISH - FEBRUARY 5, 1985 ORDINANCE NO. 1177 AN ORDINANCE REPEALING ORDINANCE NO. 151, BEING AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATION OF MASSAGE ESTABLISHMENTS WITHIN THE CITY OF NORTH RICHLAND HILLS DEFINING TERMS; REQUIRING A LICENSE FOR THE OPERATION OF SUCH AN ESTABLISHMENT AND COMPLIANCE WITH ALL POLICE REGULATIONS AND HEALTH DEPARTMENT REQUIREMENTS GOVERNING THE MANAGEMENT AND OPERATION THEREOF; PROVIDING THAT ALL LICENSES AND RENEWALS THEREOF SHALL REQUIRE THE APPROVAL OF THE CHIEF OF POLICE OF SAID CITY; PROVIDING FOR APPEALS FROM THE ACTION OF THE CHIEF OF POLICE IN REFUSING TO APPROVE THE ISSUANCE OR RENEWAL OF LICENSES HEREUNDER; PROVIDING FOR THE REVOCATION OF LICENSES BY THE CHIEF OF POLICE AND FOR APPEAL THEREFROM TO THE CITY MANAGER AND CITY COUNCIL OF SAID CITY; DESIGNATING THE HOURS DURING WHICH SUCH ESTABLISHMENTS MAY REMAIN OPEN AND THE TYPE OF QUARTERS IN WHICH SUCH ESTABLISHMENTS MAY CONDUCT THEIR OPERATIONS; PROVIDING FOR INSPECTION OF PREMISES BY AUTHORIZED REPRESENTATIVES OF SAID POLICE AND HEALTH DEPARTMENTS MAKING IT UNLAWFUL TO EMPLOY CERTAIN PERSONS IN SUCH ESTABLISHMENTS; REQUIRING THE LISTING OF THE NAMES AND ADDRESSES OF ALL EMPLOYEES FOR INSPECTION BY REPRESENTATIVES OF SAID POLICE AND HEALTH DEPARTMENTS; REQUIRING MASSAGE ESTABLISHMENTS TO COMPLY WITH ALL ZONING REGULATIONS AND WITH ALL PROVISIONS OF THE HEALTH DEPARTMENT GOVERNING HEALTH AND SANITATION; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; FIXING A PENALTY FOR THE VIOLATION HEREOF; AND PROVIDING AN EFFECTIVE DATE. PASSED AND APPROVED THIS 28TH DAY OF JANUARY, 1985. ;Jl~ E&U/ Dan Echols - Mayor ~ # ATTEST: Jgç~~arY APPROVED AS TO LEGALITY AND FORM: 4ø!l1fJ! ~ Rex McEntire - Attorney ~ (817) 281-0041/7301 N.E. LOOP 820/P.O. BOX 18609/NORTH RICHLAND HILLS, TX 76118 . ORI)INANCENO. 1177 ,MANAGER AND CITY COUN- AN ORDINANCE. REPEAJ.,~. elL OF ·SAID ·CITY; DESIG- ING O&J:>I~A~ÇE NO. TINq THE HOURS BEINQ"'MiÔR1)lNA> £1;/ :SUqfiE$~: PRO\TJ'.gINq: FOR. TH.'iÌ. ; A~¡,:RE- CENSJ~'.NDj.REG u TloN " OF MASs ESTABLISHMENTSWJ~ THE CITY OF NORTH U ^. LAND HILLS Då'FI;. '. .' "" . '. .' T: ~,TERMS;REQumING¿ . .,J;¡!,Œ.'IN$Þ NO" .uS 'YJ~~Revvi$ CENSE FORTHE.,Q:RiR4· ;1ª~¥',,,..Yæliºp.~~þ,, .. BEPª~~ ,_City Secretary 'TION OF. SUCH AN,$ . '... )\'l', '.. . '.. .QF,:,SAIJ).~O- '1\PPROVED AS TO LEGAL- "ESTABLISHMENT AND ",1; ..~"..;;.¡;~Q¡\( t'~,t1E~E;TØ\';ITYANDFORM:. 'COMPLIANCE WITH ALr:i"'''1)BP'~ÉNTS'~lNG'rP!!'/8fflex ~cEtttire, Jr. -Attorney :POLICEREGULA'FJ;()NSAND t1;1l:~~ìfuL 'I;'.Q.,E~;Pif.'i~t¥'; ··MCDN'I>.N.18344 .' HEALTHDEPARTMENTRE..CERT-1AljÑ PERSONS,:lN Pub: 2/5/85 '.'QUIREMENTS ,GOVERNING 'sqQIJ:;I:$!r ABLISHM~NTS: . THE MANAGEMENT AND R~~:GlG THE '~IS~.G THE ST l",OPERA TIONTHEREOF; OFTH&:.,NAMES;ÁNDiAD.. COUNT,:'PROVIDmG THAT ALL LI.. Qþ.'..·.....J$!..S10F ALL....·~.M.., p~º.y,: "CENSES AND RENEW ALS g.,.RÖR' INSP:&C'11ÖN.13Y "THEREOF SHALL REQUIJtE REP'RESENTATI.vES OF THE APPROVAL .OF T;HE,MII).'i~fJ~ICE ANDHE.t\~"rH Before I 'CHIEF OF POLICE OF SAIDDEPAa.TMEN'rS; ªEQUIR. ap- "CITY; PROVIDING ,FOR AP- ING'MASSAGE ..ESTABLISH- peared~' PEALS FROM THE, ACTION~~:;~ ,~I./f"wrr;H 'ho 'OF THE CHIEF OF POLICE, Al.L~NING REGULATlONS,' first being sVl~ IN,REFtJSI~º TO APPRO~"':A@wrroALLPROVISI()NS.. THE ISSüRÅNCE 'OR RE..':t)'F>THE',J{EALTH ~~ART- " NEW AL. ,OF LICENSES\,MENT .... GOV'EJ:\'NING That g: HEREUNDEª¡ PROVIDIl'jq~~"'¡'¡.<!'\ND SANr:rATIQN¡ ~a- ..FOR THE REVOCATION OF,,~R~.PEAtINGALLrORDI. . LICENSES J3Y THECHIEF OF . NAbJOES'ÄND PAR~O.F QR- '. 1 per which ha POLICE ANt)FOJl'APPEALßrN~;rvëES IN CONFLICT a . " . THEREFROM TOTI;IE CITY \ HWWITH; PROV'tDING..A. f cIrculatIOn m .' '.... , 0 SAVINGS CLAUSE; FIXING A PENALTY:,,".RGB THE VIOLA. TIQN, HEt:æOF~ ANI) PRO- I;DING A~' EF¡t1!CTIVE 'fE.';, ; 8ªªD AN~' ..' .. ,¡APPROVED .... ,...., þ.,.. A . '''''r ~pQiW"'~' NU ATTACH LEGAL COpy HERE more than one year next preceding the first publication of the attached Legal Notice, and that he caused said ~otic, to be published in said newspaper on the following date(s). '2/5' / K5' That the attached is a true and correct copy oJ: said notice as published on said date(s) in said Sworn to and subscribed this the ~ day of ~~h 19-ê2. ~QGüd_ Carol A. Couch Notary Public, County, Texas Tarrant