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Home My WebLink About1976-OR-09 ORDINANCE NO. 76-0R-9 AN ORDINANCE OF THE CITY OF JE~FERSONVILLE REGULATING PRACTICE OF MASSAGE. THE cOMMON FOLLOWS: Section COUNCIL OF JEFFERsONVILLE One Definitions · DOES ORDAIN AS 1. Massage is the practice of a profession, scientifically applied to the patient by the operator's hands. 2. "Massage Therapist" shall mean any person who practices or administers as to all or any of the following named subjects, and who has made a study of the underlying principles of anatomy and · d physiology as generally ~nclude in a regular course of study by a recognized and approved school of massage, to-wit: The art of body massa~ge either by hands, or with a mechanical or vibratory apparatus for the purpose of body massaglug, reducing or contouring; the use of oil rubs, heat lamps, salt ~l~ws, hot and cold packs, tub, shower are or cab~ne baths. Variations of the following procedures employed: Touch, stroking, friction, kneading, vibration, percussion and medical gymnastics. Massage Therapists shall not DIAGNOSE or treat classified diseases, nor practice spinal or other joint manipulations, nor prescribe medicines or drugs. · ts" used in this Act 3. The term "massage establzshraeu as shall be construed and deemed to mean any massage establishment, or place of business wherein massage as to all, or any one or more, of the above named subjects and methods of treatments, as defined in this section, is administered or used. Section Two Massage Therapists to be Licensed 1. It shall be unlawful for any person or persons to engage iu the practice, or attempt to practice, massage, whether for a fee or gratuitously, to conduct massage, without a license issued pursuant to the provisions of this ordinance. 2. It shall be unlawful for any person or persons to operate or conduct any massage establishment which does not conform to the sanitary provisions herein contained, or to employ any person as a massage operator who does not hold a license. Section Three Exceptions The requlrements of this ordinance shall have no application and no effect upon and shall not be construed as applying to physicians, surgeons, chiropractors, osteopaths, or registered nurse working under the supervision of a physician, surgeon, chiropractor, or osteopath duly licensed to practice said respective professiOnS in this State. practical nurses or other persons without quali- fications as massage therapists, whether 'employed by physicians, surgeons, chiropractors, or osteopaths or not, may not render massage or massage procedures. Section Four Application: Fee. (a) Any person desiring to obtain a license to operate a massage establishment or to perform massage services shall make applicatiOn to the Treasurer, who sha.ll ~efer all such applications to the Chief of police for au appropr~at ~nvestmgat~o · (b) Each application shall be accompanied by a license fee of One Hundred Dollars ($~00.00),._ Application: Contents. section Five _ An applicant for a license shall submit the following information: 1. Full name and current address; 2. The two (2) previous addresses of the applicant immediately prior to the current address; 3 yJritten statements of at least three (3) bona fide residents of jeffersonvitle that the applicant is constdere of good moral character; 4. Written pr~ that t. he applicant is over the age of eighteen ( ) years, ~. Applicant's height, weight, and color of eyes and hair; · 6. Two current photographs at least 2" x 2" ink,size; the applicant 7. The bus~nes , occupation, or employment of for the three (3) years i~aediately preceding the date of the application; -2- 8. The massage or similar business license history of the applicant, including whether such person, in previous operation, in this or another area, has had his or her license revoked or suspended, the reason therefor, and any business activity or occupation subsequent to the action of suspension or revocation. 9. All convictions and the grounds therefor; lC. A certificate from a medical doctor destguat~ g that the · 'n ' t ~mmediately prior thereto, been applicant has, w~th~ thor y days z contagiOUS or communicable · d exammne and found to be free of any disease; ll. Applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, professiOn and work of massage therapists is taught. The term "recognized school" shall mean and include any school or institutiOn of learning which has for its purpose the hod orofession, or work of massage *~ ins of the theory, met .' ~ --~ course of study.9~ ~h ~+~ which school requires ? ~t~ ~^~o ~u siX calendar months before oz~ ~ · or certificate of graduation from such school or iustitutmon of learning showing the successful completion of such course of study or learning. The license registrar shall maintain a public list · e applicants first of all massage schools approved for l~cens , verifying in each instance the fact that the curriculum of such school meets the minimum standards hereunder. SchOOlS offering e=uirin~ actual class attendance rres ondence courses and ~ot~r ~__~o~ ~he registrar shall have the rmght to conzmr~ vn~ t~.~.=~ ~ recognized schooz. attended classes anm mavrlc~ _n a _ SectiOn Six .... Facilities Necessary No license to conduct a massage establishment shall be complies zssued unless an mnspectmon discloses that the establistmment with each of the following minimum requirements. 1. A readable sign shall be posted at the main entrance identifying the establishment as a massage establishment, provided, also that all such signs shall otherwise comply with the general sign requirements of Building Code.. 2. Minimum lighting shall be provided in accordance with at least one the Uniform Bu~ld~ g code, and additionally, artificial light of not less than 40 watts shall be provided in each enclosed room or booth where massage services are being rendered. -3- 3. Minimum ventilation shall be provided in accordance with the.Uniform Building Code. 4. Adequate equipment for disinfecting and sterlizing any instruments used for massage shall be provided. 5~' Hot and cold running water shall be provided. 6. Closed cabinets shall be utilized for the storage of clean linen. 7. Adequate dressing and toilet facilities shall be provided for patrons. 8. All walls, celinqs, floors, steam rooms, and all other physical facilities for th~ establishment shall be kept in good .repair, maintained in a clean and sanitary condition. 9. Clean and sanitary towels and linens shall be provided for patrons receiving massage services. No common use of towels or linens shall be permitted. Section Seven License Procedures Upon payment of the application fee, submitting of all infor- mation required by application, and upon proper inspection, a license shall be granted immediately, if all requirements described herein are met, and unless it appears that any such applicant has deliberate'ly falsified the application, or the record of such applicant reveals a conviction of a felony or a crime of moral turpitude. Any person denied a license pursuant to these provisions may appeal to the Board of Public Works in writing stating reasons why the license should be granted. The Board of Public Works may grant or deny the license. Ail licenses issued hereunder are nontransferable; provided, however, that a change of location of a massage establishment may be permitted pursuant to the provisions hereof. Section Eight Display of License Every person to whom a license shall have been display said ii cons granted shall Section Nine _ Change of Location A change of location of the massage premises shall be approved by the Chief of police, provided all general ordinances are complied with and the change of locatiOn fee of ~ Dollars ($~0.00). is first paid. Section Ten_ Employees. It shall be the respons~b~lm Y of the holder of the license for a massage establishment to insure that each person employed as a Massage Therapist shall first have obtained a valid license pursuant to this ordinance. Section Eleven. Inspection. At least twice each year, an inspection of each massage establishraent may be made for the purpose of determining that the provisions of this ordinance are met. Section Twelve Revocation of License No license shall be revoked until after due notice and a hearing shall have been held before the BOARD OF ~0RKS to determine just cause for such revocation. Notice of such hearing shall be given in writing and served at least ten (10) days prior to the date of the hearing thereon. The notice shall state the grounds of the complaint against the holder of such license, and shall designate the time and place where such hearing will be had. Said notice shall be served upon the license holder by delivering the same personally or by leaving such notice at the place of business or res~denc of the license holder in the custody of a person of suitable age and discretion. In the..event the license holder cannot be found, and the service of such no~ce cannot be a of such notice otherwzs made in the manner herein provided, copy shall be mailed, registered postage fully prepaid, addressed to the license holder at his place of business or residence at least ten (10) days prior to the date of such hearing. Section Th~rteen.~. Grounds for RevocatiOn The license of a Massage Therapist may be revoked upon one or more of the following grounds: 1. That the holder is guilty of fraud in the practice of massage, or fraud or deceit in his being licensed to the practice of massage. 2. That the holder has been convicted in a court of competent jurisdiction of a felony. The conviction of a felony shall be the conviction of any offense which, if coramitted within this State, would constitute a felony under the laws thereof. 3. That the holder is engaged in the practice of massage under a false or assumed name, or is impersonating another practitioner of a like or different name. 4. That the holder is addicted to the habitual use of intoxicating liquors, narcotics or stimulants to such an extent as to incapacitate such person for the performance of his or her professional duties. ~. That the holder is guilty of fraudulent, false, mis- leading or deceptive advertising, or that he or she prescribes medicines, drugs, or practices any other licensed profession 't %~thout legal authorl y therefor.~ · e 6. That the holder is guilty of willful negl~genc in the practice of massage, or has been guilty of employing, allowing his or perm~ttmno any unregistered person to perform massage in or her establishment. Section Fourteen Those Practicing as ordinance Becomes Effective Any person, resident of jeffersonville, who is actually engaged in the practice of massage, and who has therein practiced the profession three (3) years or more, or served as an apprentice three (3) years at any place within the State, or who has a diploma from an approved school of massage, as herein defined, at the time of final passage of this Act, or who is eligible for membership in the American Massage and Therapy Association (also called "A.M.T.A.") shall be granted a license as a state registered Massage Therapist without first having met the other requirements of this ordinance, except as to physical conditions and adequacy of facilities, upon payment of the prescribed fee. such person shall have one (1) year from the effective date of this ordinance to so qualify. Section Fifteen__ Penalty for Violation Any person who shall violate any of the provisions of this ordinance shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, or by a fine not exceeding Five Hundred Dollars ($500.00), or by both fine and imprisonment. Section 16. This Ordinance shall be in after its passage and approval. Passed this ~ day of full force and effect from and Attest: ~LERK-TREASUR~ Presented by me as Clerk-Treasurer of Jeffersonville this~_~day of Approved and signed by me this 1976. to the Mayor of said 1976. day of ~ City