For the purpose of this article, 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.
Director.
The city secretary or his duly authorized representative.
Massage.
Any process consisting of kneading, rubbing, or otherwise manipulating the skin of the body of a human being, either with the hands or by means of electrical instruments or apparatus, or other special apparatus, with the exemptions enumerated under section 4.08.008 of this article.
Massage establishment.
Any place of business that advertises massage therapy or offers massage therapy as a service.
(1995 Code, sec. 9-18)
(a) 
The director 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 of the public and to make examinations through the licensed physicians as are necessary to determine whether employees of the massage establishment are infected with any infectious disease.
(b) 
If, in the opinion of the director or his designated representative, there is probable cause to enter a massage establishment for the purpose of making inspections and examinations pursuant to this article, he shall request the owner or occupant thereof to grant permission for such entry; and, if refused, he shall make application to a magistrate for a search warrant, showing said magistrate why such search warrant should be issued for the purpose herein.
(1995 Code, sec. 9-27)
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 the chief of police or director upon request.
(1995 Code, sec. 9-28)
(a) 
It shall be the duty of every person conducting or operating a massage establishment to keep the same in a clean and sanitary condition at all times. All instruments and mechanical, therapeutic, and bathing 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.
(b) 
All masseurs and operators shall wash their hands thoroughly before administering massage manipulations 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, the person in control or an employee, such person is suffering from a communicable disease.
(1995 Code, sec. 9-30)
It shall be unlawful for any person to administer a massage to any person of the opposite sex; provided, however, that this article shall not apply to any physician or chiropractor, nor shall it apply to any registered physical therapist or registered nurse operating under the direction of a physician.
(1995 Code, sec. 9-31)
The provisions of this article shall not apply to licensed physicians, osteopaths, chiropractors, physical therapists, or any person operating directly under their control and for whom they assume responsibility, nor shall it apply to athletic trainers of bona fide athletic teams when said trainers are massaging members of said team. Neither shall the same apply to licensed barbers and beauticians when carried on in conjunction with such professions.
(1995 Code, sec. 9-32)
It shall be unlawful for any person to operate a massage establishment without first having obtained a license therefor from the director in accordance with the provisions of this article, 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 established by resolution of the city council and after a complete background investigation by the chief of police and upon the issuance of a certificate of occupancy from the director. Such license shall expire on the 31st day of December of each year.
(1995 Code, sec. 9-19)
The license required by this article shall be posted and kept in some conspicuous place in the massage establishment.
(1995 Code, sec. 9-20)
After an investigation 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 article, shall determine whether the applicant has been finally convicted in any court of theft, fornication, sodomy, procuring, pandering, keeping a bawdy house, keeping an assignation house, engaging in prostitution or engaging in assignation, or whether such establishment employs any person who has been finally convicted in any court of theft, fornication, sodomy, procuring, pandering, keeping a bawdy house, keeping an assignation house, engaging in prostitution or engaging in assignation.
(1995 Code, sec. 9-21)
At the time of making application for the license required by this article, the applicant shall furnish to the chief of police or the director the names and addresses of all employees of the massage establishment, and all such employees shall be required to furnish to the director a medical certificate from a licensed physician 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. Such medical certificate shall be furnished annually to the director by each employee.
(1995 Code, sec. 9-22)
The chief of police shall recommend not to approve issuance or renewal of any license required by this article to any applicant who has been finally convicted in any court of theft, fornication, sodomy, procuring, pandering, keeping a bawdy house, keeping an assignation house, engaging in prostitution or engaging in assignation; or to any applicant who employs in such establishment any person who has been finally convicted of theft, fornication, sodomy, procuring, pandering, keeping a bawdy house, or engaging in assignation.
(1995 Code, sec. 9-23)
(a) 
A license issued pursuant to this article shall be revoked upon final conviction in any court of the holder of such license for the offense of theft, fornication, sodomy, procuring, pandering, keeping a bawdy house, keeping an assignation house, engaging in prostitution or engaging in assignation.
(b) 
A license issued pursuant to this article shall be suspended for a period of no 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 article or any other ordinance of this city.
(c) 
Any license issued pursuant to this article shall be suspended for a period of ninety (90) days upon final conviction in any court of any employee of such massage establishment for the offense of theft, fornication, sodomy, procuring, pandering, keeping a bawdy house, keeping an assignation house, engaging in prostitution or engaging in assignation, or a violation of any provision of this article.
(d) 
Written notice of such revocation or suspension shall be given by the chief of police to this holder of such license at the holder’s last known business address.
(1995 Code, sec. 9-24)
In the event the chief of police or director shall recommend not to approve the issuance of an original license or the renewal of a license to any applicant, revokes, or suspends the license issued to any license holder under this article, 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 administrator a written appeal. The city administrator 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 administrator 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 the authority to sustain, reverse, or modify the action appealed. Such decision of the city council shall be final.
(1995 Code, sec. 9-25)