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O76-07CITY OF KENNEDALE ORDINANCE NO. 76-7 AN ORDINANCE REGULATING MASSAGE PARLOR ESTABLISHMENTS OPERATED IN THE CITY OF KENNEDALE, TEXAS, PROVIDING DEFINITIONS, REQUIREMENT OF LICENSE AND MEDICAL CERTIFICATE, LICENSE REVOCATION, INSPECTION; CONTAINING A SAVING CLAUSE, AN EFFECTIVE DATE AND PROVIDING FOR A PENALTY FOR A VIOL- ATION THEREOF; AND, DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDLAE, TEXAS: SEC.1: Definitions The following words and phrases shall, for the purposes of this article have the meaning and definition as herrinafter stated: (a) Massage parlor or massage establishment: Any building, house, room or place where massage is practiced upon the human body by any person other than a duly licensed medical doctor, :doctor of osteopathy or chiropractor or athletic trainer. This term shall not include duly licensed beauty parlors or barbershops or the office or place of business of a registered physical therapist. (b) Massage: Any process of kneading, rubbing or other such manipulating the skin of the body of a human being either with the hands or by means of electrical instruments or apparatus. The term "Massage" as used in this article shall not include keading, rubbing or otherwise manipulating the skin' or bone structure of a human body by duly licensed medical doctors, doctors. of osteopathy, chiropractors or registered physical therapists who treat only patients referred by a licensed physician and who practice physical therapy under a physician's direction or athletic trainer. The term "massage" shall not include massage of the face practiced by beauty parlors or barbershops duly licensed by the State of.Texas. (c) Chief of police: The chief of police of the City of Kennedale,Texas, or his duly authorized representative. (d) Health officer: The health officer appointed by the Kennedale City Council, License required for massage parlor or massage establishment. No person or corporation shall operate a massage parlor or massage establichment in the City of Kennedale, Texas, without having first obtained a license 'therefor from the City of Kennedale..;` Application An application shall be required by an applicant for a license to operate a massage` establishment or a massage parlor in the City of Kennedale, Texas. The application shall be on such form as may be prescribed by the chief of police. Such application shall be filed with the chief of police. The application shall require the applicant to state under oath the proposed location of the establishment in an area properly zoned therefor and the name of all owners of the proposed business and if a corporation, the name of all share- holders, the names of all proposed employees and all such persons, both owners and employees, shall be required to sate in writing under oath whether such person has ever been convicted in any court of theft, sodomy, procuring, pandering, keeping;, a bawdy house,'' engaging in prostitution or other criminal offen offense. No license shall be granted for the operation of any massage parlor or establishment where; either the owner or employees have been convicted of any of the offenses stated herein. A license for the operation of a massage parlor or massage establishment shall be immediately refoked by the chief of police should it be determined that a person convicted. of any of the offenses stated in this section shall become an owner, operator or employee of a massage parlor or massage establishment having a license issued by the City of Kennedale. (d) 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. Sec. 13. Clothing Every person giving massages shall remain fully clothed in opaque material fully' covering the body from neck to knee with the exception of arms and hands. Sec. 14. Advertising. No massage parlor shall advertise in any manner which would state or hint that a customer would receive anything besides a massage. Sec. 15. Penalty. Any person violating any provision of this article shall be guilty of a separate offense for each day or portion thereof during which any such violation is committed, continued or permitted and each offense shall be punishable by a fine not less than twenty-five dollars ($25.00) and not to exceed two hundred dollars ($200.00). Sec. 16. Saving clause. If any section, subsection, sentence, clause,, phrase or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdisdiction, such portion shall be deemed a separate, distinct and in- dependent provision and such holding shall not affect the validity of the remaining portion hereof. Sec. 17. Emergency Clause. Whereas, an emergency is apparent for the immediate preservation or order, good government and public safety that requires this ordinance to become effective at once; therefore, upon passage of this ordinance by at least three members of the City Council, it shall be effective from and after the date of its passage CITY OF KENNEDALE ORDINANCE NO. 76-7 AN ORDINANCE REGULATING MASSAGE PARLOR ESTABLISHMENTS OPERATED IN THE CITY OF KENNEDALE, TEXAS, PROVIDING DEFINITIONS, REQUIREMENT OF LICENSE AND MEDICAL CERTIFICATE, LICENSE REVOCATION, INSPECTION; CONTAINING A SAVING CLAUSE, AN EFFECTIVE DATE AND PROVIDING FOR A PENALTY FOR A VIOL- ATION THEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDLAE, TEXAS: SEC.1 Definitions The following words and phrases shall, for the purposes of this article have the meaning and definition as herrinafter stated: (a) Massage parlor or massage establishment: Any building, house, room or place where massage is practiced upon the human body by any person other than a duly licensed medical doctor, :doctor of osteopathy or chiropractor or athletic trainer. This term shall not include duly licensed beauty parlors or barbershops or the office or place of business of a registered physical therapist. (b) Massage: Any process of kneading, rubbing or other such manipulating the skin of the body of a human being either with the hands or by means of electrical instruments or apparatus. The term "Massage" as used in this article shall not include keading, rubbing or otherwise manipulating the skin or bone structure of a human body by duly licensed medical doctors, doctors of osteopathy, chiropractors or registered physical therapists who treat only patients referred by a licensed physician and who practice physical therapy under a physician's direction or athletic trainer. The term "massage" shall not include massage of the face practiced by beauty parlors or barbershops duly licensed by the State of, Texas. (c) Chief of police: The chief of police of the City of Kennedale.Texas, or his duly authorized representative. (d) Health officer: The health officer appointed by the Kennedale City Council, License required for massage parlor or massage establishment. No person or corporation shall operate a massage parlor or massage establichment in the City, of Kennedale, Texas, without having first obtained a license therefor from the City of Kennedale. Sec. 3.,'` Application An application shall be required by an applicant for a license to operate a massage` establishment or a massage parlor in the City of Kennedale, Texas. The application shall be on such form as may be prescribed by the chief of police. Such application shall be filed with the chiefof police. The application shall require the applicant to state under oath the proposed location of the establishment in an area properly zoned there -for and the name of all owners of the proposed business and if a corporation, the name of all share- holders, the names of all proposed employees and all such persons, both owners and employees, shall be required to sate in writing under oath whether such person has ever been convicted in any court of theft, sodomy, procuring, pandering, keeping,a bawdy house,- engaging in prostitution or other criminal offen offense. No license shall be granted for the operation of any massage parlor or establishment where: either the owner or employees have been convicted of any of the offenses stated herein. A license for the operation of a massage parlor or massage establishment shall be immediately refoked by the chief of police should it be determined that a person convicted of any of the offenses stated in this section shall become an owner, operator or employee of a massage parlor or massage establishment having a license issued by the City of Kennedale. Sec. 4. License fee. A license to operate a massage establishment or massage parlor shall be issued to expire on the thirty-first (31st) day of December of each year. The annual license fee shall be one hundred dollars ($100.00) and shall be payable in full regardless of the date upon which the license is granted. The license shall be posted and publicly displayed in a conspicuous place at the location of the massage parlor or massage establishment. Sec. 5. Medical certificates required. Before commencing operation, the owner or operator of a massage parlor or. establishment shall furnish to the chief of police a medical certificate for each employee signed by a medical doctor doctor of osteopathy that such employee has been examined within three(3) days of the date of such medical certificate and that such examination established the fact that such. person is free of infectious or communicable disease shall be furnished to the chief of police on January 1, April 1, July 1 and October,1 during any period of employment by such massage parlor or massage establishment. Sec. 6. License revocation. A license issued under this article shall be revoked upon: (a) Conviction in any court of the holder of any such license or such licensee's' employees of the offense of theft, sodomy, procuring, pandering, keeping a bawdy house or engaging in prostitution. (b) Failure to furnish current medical certificates as required herein. Sec. 7. Appeal. Should the chief of police refuse to approve the issuance of an original license or the renewal of a license or revoke an outstanding license issued under this article, such action shall be final unless the license holder or applicant shall, within ten )10) days after notice of such action, file with. the city administrator a written appeal. The decision of the city administrator shall not be appealable to the city council. Sec. 8. Hours of operation. No massage parlor or massage establishment shall be kept open for any purpose between the hours of 9:00 p.m. and 8:00 a.m. Sec. 9. No massage parlor or massage establishment to be used for residence purposes. No massage parlor or massage establishment shall be used for residence purposes. Sec. 10. It is unlawful for any person to administer a massage in a massage establishment as defined in sec. 1(b) to a person of the opposite sex. Sec. 11.Inspection of massage parlors and massage establishments. The chief of police or his designated representative is authorized to make periodic inspection and examination of massage parlor or massage establishment premises. Such inspection shall be made made to safeguard the health, safety and welfare of the public. Sec. 12. Sanitary requirements. (a) 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 contact 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 theerof, after having been used upon one patron, shall be sterilized before being used upon another. All towels and linens furnished for use of another until thoroughly laundered. (b) All masseurs and operators shall wash their hams thoroughly before administering massage manipulation to each patron accommodated. (c) No person suffering from a communicable disease shall work or be employed in a massage establishment. (d) 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. Sec. 13. Clothing Every person giving massages shall remain fully clothed in opaque material fully covering the body from neck to knee with the exception of arms and hands. Sec. 14. Advertising. No massage parlor shall advertise in any manner which would state or hint that a customer would receive anything besides a massage. Sec. 15. Penalty. Any person violating any provision of this article shall be guilty of a separate offense for each day or portion thereof during which any such violation is committed, continued or permitted and each offense shall be punishable by a fine not less than twenty-five dollars ($25.00) and not to exceed two hundred dollars ($200.00). Sec. 16. Saving clause. If any section, subsection, sentence, clause, phrase or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdisdiction, such portion shall be deemed a separate, distinct and in- dependent provision and such holding shall not affect the validity of the remaining portion hereof. Sec. 17. Emergency Clause. Whereas, an emergency is apparent for the immediate preservation or order, good government and public safety that requires this ordinance to become effective at once; therefore, upon passage of this ordinance by at least three members,', of the City Council, it shall be effective from and after the date of its passage Passed and approved this j/ 61 day of G� Cam/- ,197& EvelyrU Templeton, City Secretary MASSAGE PARLOR APPLICATION Name of Establishment Address of Establishment Owners of Establishment On -Site Manager Names of Proposed Employees An employee statement by all employees and on -site manager must be attached to this application. A medical certificate for each employee signed by a medical doctor or doctor of. osteopathy that such employee has been examined within three (3) days of the date of such medical certificate and that the examination established the person is free from any infections or communicable disease must be furnishgd to the Chief of Police. I MASSAGE PARLOR EMPLOYEE STATEMENT* Name Have you ever been_ convicted in any court of theft, sodomy, procuring, pandering, keeping a bawdy house, engaging iniprostitution'or other criminal offense. Date Given under my hand and seal of office this (seal) My Commission expires the day of 197 Employee Signature day of , A.D. 197 Notary Public in and for County,Texas *A license for the operation of a massage parlor or massage establishment shall be immediately revoked by the Chief of Police should it be dertermined that a person has been convicted of any of the. offenses.