Legislation # 06-0666 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 11/15/2006
Title AN ORDINANCE TO AMEND CHAPTER 19 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "MASSAGE PARLORS."
 
Legislation History 06-0666
DateNotice Of ActionDescription
11/15/2006 Adopted on First and Final Reading
11/15/2006 Moved to waive the second reading on consent agenda items 6 through 16.
11/5/2006 Received By Clerk's Office
 
View Attachments 06-0666
FileTypeSizeDescription
Chapter 19 - Massage Parlors - REDLINE - October 31, 2006.doc Other 55K Chapter 19 Redline Version
 
Legislation Text 06-0666

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 06-0666

 

Enactment Number: -

 

AN ORDINANCE TO AMEND CHAPTER 19 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "MASSAGE PARLORS."

 

 

Chapter 19

 

MASSAGE PARLORS*

__________

* Cross References: License tax on masseurs, 18-90(b)(13).

State Law References: Virginia Health Spa Act, Code of Virginia, 59.1-294 et seq.

__________

 

Article I. In General

Sec. 19-1. Definitions.

Sec. 19-2. Violations of chapter.

Sec. 19-3. Exemptions from chapter.

Sec. 19-4. Responsibility of management for compliance with chapter and other laws.

Sec. 19-5. Operating name and location.

Sec. 19-6. Operation prohibited between certain hours.

Sec. 19-7. Required facilities and equipment generally.

Sec. 19-8. Surfaces of tables, tubs, etc., to be nonporous.

Sec. 19-9. Separate massage area required.

Sec. 19-10. Maintenance of premises.

Sec. 19-11. Towels and linens for patrons.

Sec. 19-12. Names of technicians to be displayed.

Sec. 19-13. Health requirements for operators and technicians.

Sec. 19-14. Unlawful conduct by technicians or other employees generally.

Sec. 19-15. Administering massage or other treatment to person of opposite sex.

Sec. 19-16. Serving patrons with skin infections.

Sec. 19-17. Record of treatments.

Sec. 19-18. Patron giving false or fictitious name.

Secs. 19-19--19-30. Reserved.

 

Article II. Permit

Sec. 19-31. Required.

Sec. 19-32. Application generally.

Sec. 19-33. Referral of application for investigations.

Sec. 19-34. Issuance.

Sec. 19-35. Display.

Sec. 19-36. Revocation or suspension generally.

Sec. 19-37. Automatic voidance or revocation.

 

ARTICLE I.

 

IN GENERAL

 

Sec. 19-1. Definitions.

 

For the purposes of this chapter, the following words and terms shall have the meanings ascribed to them by this section:

 

Director: The director of public health of the city.

 

Massage: A method of treating the external parts of the body for remedial or hygienic purposes, consisting of rubbing, stroking, kneading or tapping with the hand or any instrument.

 

Massage parlor: Any place conducting a business where any person engages in, conducts or carries on, or permits to be engaged in, conducted or carried on, any business of giving Turkish, Swedish, vapor, sweat, electric, salt, magnetic or any other kind or character of massage, bath, alcohol rub, fomentation, manipulation of the body or other similar procedure.

 

Massage technician: Any person, male or female, including, but not limited to, a massage parlor operator, who administers to another person, for any form of consideration, a massage, alcohol rub, bath, manipulation of the body or any similar procedure.

(Ord. No. 342; Code 1964, 22.1-1)

 

Sec. 19-2. Violations of chapter.

 

Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 1 misdemeanor.

Cross References: Penalty for Class 1 misdemeanor, 1-11.

 

Sec. 19-3. Exemptions from chapter.

 

The provisions of this chapter shall not apply to a physician, surgeon, chiropractor, osteopath, physical therapist duly licensed by the commonwealth, a massage therapist who is certified as a massage therapist by the state board of nursing under Code of Virginia, 54.1-3029, or to a licensed nurse acting under the direct prescription or direction of any such physician, surgeon, chiropractor or osteopath, nor shall this chapter apply to barbershops or beauty parlors in which massage is given to the scalp, the face, neck or the shoulders only.

 

The director of public health may issue a permit for any person exempting them from the provisions of this chapter where the director determines that such person is a graduate of an approved school or received instruction which is equal to or greater than the standards set by Code of Virginia, 54.1-3029.

(Ord. No. 342; Code 1964, 22.1-3; Ord. No. 920, 1-11-89)

 

Sec. 19-4. Responsibility of management for compliance with chapter and other laws.

 

(a) It shall be unlawful for any person owning, operating or managing a massage parlor, or holding a permit issued under this chapter for a massage parlor, to knowingly cause, allow or permit, in or about such massage parlor, any agent, massage technician, employee or other person under his control or supervision to violate any provision of this chapter.

 

(b) The owner, operator and manager of a massage parlor, and the person holding the permit for the parlor, shall be responsible for maintaining the premises in accordance with the requirements of this chapter and for the conduct of all agents and employees in complying with the requirements of this chapter. No such person shall permit, in his premises, any activity or behavior prohibited by the laws of the United States, this state or this city relating to gambling, prostitution, sodomy, adultery, fornication, lewd and lascivious cohabitation or other laws relating to obscenity or moral turpitude.

(Ord. No. 342; Ord. No. 430; Code 1964, 22.1-10.2, 22.1-11, 22.1-12)

Cross References: Gambling, Ch. 16; obscenity, Ch. 23; adultery and fornication, 24-20, 24-21; lewd and lascivious cohabitation, 24-22; prostitution, 24-23 et seq.

 

Sec. 19-5. Operating name and location.

 

No person granted a massage parlor permit pursuant to this chapter shall operate under any name or at any location not specified in his permit.

(Ord. No. 342; Code 1964, 22.1-12)

 

Sec. 19-6. Operation prohibited between certain hours.

 

No massage parlor shall remain open for business, nor shall any massage be administered to any patron of any such business, between the hours of 10:00 p.m., and 6:00 a.m., the following day.

(Ord. No. 430; Code 1964, 22.1-10.1)

 

Sec. 19-7. Required facilities and equipment generally.

 

Each massage parlor shall be provided with the following:

 

(1) Equipment for disinfecting and sterilizing nondisposable instruments and materials used in performing acts of massage.

 

(2) Hot and cold water and soap at all times.

 

(3) Closed cabinets for the storage of clean linen.

 

(4) Adequate bathing, dressing, locker and toilet facilities for patrons. A minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, as well as a minimum of one toilet and one wash basin, shall be provided. If male and female patrons are to be served simultaneously, a separate massage room, or rooms, and separate dressing, bathing and toilet facilities shall be provided for male and for female patrons.

(5) A service sink for custodial services, to be located either in the massage parlor quarters or the floor of the building on which the quarters are located.

(Ord. No. 342; Code 1964, 22.1-8)

 

Sec. 19-8. Surfaces of tables, tubs, etc., to be nonporous.

 

All massage tables, bathtubs, shower stalls and steam or bath areas in a massage parlor shall have nonporous surfaces which may be readily disinfected.

(Ord. No. 342; Code 1964, 22.1-8)

 

Sec. 19-9. Separate massage area required.

 

Each massage parlor shall have one area designated for massage, or in the event massages are administered to both sexes during the same times, such massage parlor shall have two (2) separate massage areas, one being for male patrons and one being for female patrons. All massages shall be administered in such massage area or areas, as the case may be, and no massages shall be administered in private rooms or behind closed doors. The massage area or areas shall be open to inspection by the director or his designee and law-enforcement officers of the city during business hours.

(Ord. No. 430; Code 1964, 22.1-10.3)

 

Sec. 19-10. Maintenance of premises.

 

All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and other physical facilities or equipment of a massage parlor shall be in good repair and maintained in a clean and sanitary condition. Heat, steam or vapor rooms or cabinets shall be cleaned each day the parlor is in operation. Bathtubs shall be thoroughly cleaned after each use.

(Ord. No. 342; Code 1964, 22.1-8)

 

Sec. 19-11. Towels and linens for patrons.

 

Clean and sanitary towels and linens shall be provided for each patron of a massage parlor or each patron receiving massage services. No common use of towels or linens shall be permitted.

(Ord. No. 342; Code 1964, 22.1-8)

 

Sec. 19-12. Names of technicians to be displayed.

 

There shall be displayed, in a conspicuous place in every massage parlor, a list showing the names of all massage technicians employed in the massage parlor.

(Ord. No. 342; Code 1964, 22.1-7)

 

Sec. 19-13. Health requirements for operators and technicians.

 

No massage parlor operator or massage technician shall be permitted to give massage or come in contact with a patron of any massage parlor, unless such operator or massage technician is free of any contagious or communicable disease. The director may, for cause, require that an operator or massage technician not be allowed to give massage, unless such person provides the director with a certificate from a licensed medical doctor that such person has been examined, within the previous ten (10) days, and found to be free of all contagious or communicable disease.

(Ord. No. 342; Code 1964, 22.1-9)

 

Sec. 19-14. Unlawful conduct by technicians or other employees generally.

 

(a) It shall be unlawful for any massage technician or any other person employed in a massage parlor to place his or her hand or hands upon, to touch with any part of his or her body, to fondle in any manner, or massage, the sexual or genital parts, or any portion thereof, of any other person.

 

(b) It shall be unlawful for any massage technician or any other person employed in a massage parlor to expose his or her sexual or genital parts, or any portion thereof, to any other person.

 

(c) It shall be unlawful for any massage technician or any other person employed in a massage parlor to fail to conceal, with a fully opaque covering, the sexual or genital parts of his or her body while in the presence of any patron of such massage parlor.

 

(d) It shall be unlawful for any female massage technician or any other female person employed in a massage parlor to fail to conceal, with a fully opaque covering, the nude breast or breasts of such female massage technician or other female person while in the presence of any patron of such massage parlor.

(Ord. No. 430; Code 1964, 22.1-10.2)

 

Sec. 19-15. Administering massage or other treatment to person of opposite sex.

 

It shall be unlawful for any person to administer, for hire or reward, to any person of the opposite sex, any massage, alcohol rub or similar treatment or any fomentation, bath or electric or magnet treatment.

(Ord. No. 342; Code 1964, 22.1-11)

 

Sec. 19-16. Serving patrons with skin infections.

 

No massage technician shall knowingly serve any patron infected with any fungus or other skin infection, nor shall service be performed on any patron exhibiting skin inflammation or eruptions, unless a duly licensed physician certifies that such patron may be safely served and prescribes the conditions thereof.

(Ord. No. 342; Code 1964, 22.1-9)

 

Sec. 19-17. Record of treatments.

 

Every person operating a massage parlor pursuant to a permit issued under this chapter shall keep a record of the date and hour of each treatment, the name and address of each patron and the name of the technician administering such treatment. Such record shall be open to inspection by the director or his designee and law-enforcement officers of the city.

(Ord. No. 342; Code 1964, 22.1-10)

 

Sec. 19-18. Patron giving false or fictitious name.

 

It shall be unlawful and a Class 4 misdemeanor for any person, while seeking massage, to give a false or fictitious name to a massage parlor operator or employee.

(Ord. No. 342; Code 1964, 22.1-10)

 

Secs. 19-19--19-30. Reserved.

 

ARTICLE II.

 

PERMIT

 

Sec. 19-31. Required.

 

It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises within the city, the business of a massage parlor, or to render or permit to be rendered massage services at a location removed from a massage establishment within the city, without a valid permit issued pursuant to the provisions of this article.

(Ord. No. 342; Code 1964, 22.1-2)

 

Sec. 19-32. Application generally.

 

(a) Any person desiring a permit to operate a massage parlor or establishment shall make application therefor to the director. Such application shall contain:

 

(1) The full name, age and present address of the applicant.

 

(2) The applicant's two (2) previous addresses immediately prior to the present address.

 

(3) The applicant's height, weight, sex and color of eyes and hair.

 

(4) A portrait photograph of the applicant, giving a clear view of the applicant's face.

 

(5) The business, occupation or employment of the applicant for the five (5) years immediately preceding the date of the application.

 

(6) The previous experience of the applicant as a massage parlor operator or as a massage technician.

 

(7) All criminal convictions, other than traffic offenses, and the place of each such conviction of the applicant and all massage technicians to be employed in the establishment.

 

(8) A list of all contagious or communicable diseases had by the applicant within the past three (3) years and name of person, with address, giving treatment.

 

(9) The location of the massage parlor and, if such premises are not fully constructed, plans for any construction to take place.

 

(10) A list, including the name, age, height, weight, sex and experience, of any presently employed or to be employed massage technicians, with a medical history of any contagious or communicable diseases presently had and being treated, or cured within the previous three (3) years.

 

(b) Each application submitted under this section shall be accompanied by a receipt showing payment to the city treasurer of the sum of fifty dollars ($50.00), such sum to help cover the costs of investigations by the police division and the health and other departments.

(Ord. No. 342; Code 1964, 22.1-4)

 

Sec. 19-33. Referral of application for investigations.

 

The director shall refer each application to the building official, the fire chief and the chief of police for investigation.

(Ord. No. 342; Code 1964, 22.1-4, 22.1-5)

 

Sec. 19-34. Issuance.

 

Within fourteen (14) days after the filing of an application for a permit under this article, the director shall issue the permit, if he shall find that:

 

(1) The premises to be used or constructed meet the requirements and standards of the building and fire prevention codes* of the city, as reported by the building official and fire chief;

__________

* Cross References: Building code, 9-26 et seq.; fire prevention code, 14-26 et seq.

__________

 

(2) Further medical examination or treatment of the applicant and employed massage technicians is not needed;

 

(3) The facilities comply with the requirements of this chapter;

 

(4) The experience and knowledge of the permittee and employed massage technicians are such that the operation of the proposed massage parlor will not be detrimental to the health and safety of the patrons; and

 

(5) The information in the application is truthful.

(Ord. No. 342; Code 1964, 22.1-6)

 

Sec. 19-35. Display.

 

Every person to whom a permit is issued under this article shall display such permit in a conspicuous place, so that the same may be readily seen by anyone entering the premises where the massage is given.

(Ord. No. 342; Code 1964, 22.1-7)

 

Sec. 19-36. Revocation or suspension generally.

 

(a) The director may revoke or suspend for a term any permit issued pursuant to this article upon the violation of any of the provisions of this chapter. No permit, however, shall be revoked or suspended until after a hearing has been held by the director to determine just cause for such action. At such hearing, the permittee shall be given the opportunity to present evidence and argument against revocation or suspension.

 

(b) Notice of the hearing provided for in this section shall be given the permittee by mailing, at least five (5) days prior to such hearing, a written statement setting forth the ground of complaint, addressed to the permittee at the address shown on his permit.

 

(c) After the hearing required by this section, the director may suspend the permit for a term not to exceed sixty (60) days, may revoke the permit or may dismiss the complaint. The decision of the director shall be final.

(Ord. No. 342; Code 1964, 22.1-13)

 

Sec. 19-37. Automatic voidance or revocation.

 

The sale or transfer of the interest of the permittee in a massage parlor shall render null and void any permit issued pursuant to this article. The enlargement or alteration of the structure at which a massage parlor is operated shall be deemed to revoke such permit, ipso facto, unless prior approval was obtained from the director. The hiring and use of massage technicians not listed with the director shall also be deemed to revoke such permit, ipso facto, unless the information required by subsection (a)(10) of section 19-32 has been first filed with the director.

(Ord. No. 342; Code 1964, 22.1-14)

 

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council