HomeMy WebLinkAboutORD 77-51ORDINANCE NO. —S
ENTITLED AN ORDINANCE ADOPTING A NEW CHAPTER
19A OF THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT, TEXAS, TO BE ENTITLED "MASSAGE PAR-
LORS : " PROVIDING DEFINITIONS; PROVIDING FOR
A REQUIREMENT FOR A BUSINESS LICENSE; PROVIDING
FOR MASSAGISTS' PERMITS; PROVIDING FOR CERTAIN
EXEMPTIONS; PROVIDING FOR A MASSAGE'ESTABLISH-
MENT LICENSE FEE; ESTABLISHING APPLICATION RE-
QUIREMENTS FOR MASSAGE ESTABLISHMENT LICENSES;
PROVIDING FOR MASSAGISTS PERMIT FEES; ESTAB-
LISHING APPLICATION REQUIREMENTS FOR MASSAGISTS'
PERMITS; PROVIDING CERTAIN EXEMPTIONS; PROVIDING
FOR ISSUANCE OF LICENSES AND PERMITS; PROVIDING
FOR APPROVAL OR DENIAL OF PERMIT AND LICENSE AP-
PLICATIONS; PROVIDING FOR APPEAL TO THE CITY
COUNCIL; PROVIDING FOR WAIVERS OF APPLICATION
REQUIREMENTS; PROVIDING FOR REGULATION OF MULTI-
PLE MASSAGE ESTABLISHMENTS AND FEES; REQUIRING
THE POSTING OF LICENSES; PROVIDING FOR EMPLOYEE
REGISTERS; PROVIDING FOR REVOCATION OF PERMITS;
PROVIDING FOR APPEAL TO THE CITY COUNCIL; PRO-
VIDING FOR MINIMUM REQUIREMENTS FOR PHYSICAL
FACILITIES; PROVIDING FOR OPERATING REQUIREMENTS;
PROHIBITING PERSONS UNDER EIGHTEEN YEARS OF AGE
ON LICENSED PREMISES; PROHIBITING ALCOHOLIC BEV-
ERAGES ON LICENSED PREMISES; PROHIBITING OPERATION
BETWEEN CERTAIN HOURS; PROHIBITING EMPLOYMENT OF
CERTAIN PERSONS; PROVIDING FOR INSPECTION OF
LICENSED PREMISES; ENUMERATING CERTAIN UNLAWFUL
ACTS: PROVIDING FOR THE SALE, TRANSFER OR CHANGE
OF LOCATION OF MASSAGE ESTABLISHMENTS; LITING
OPERATION UNDER NAME SPECIFIED IN LICENSE; PRO-
VIDING FOR TRANSFER OF LICENSE; PROVIDING A PENALTY;
PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORD-
INANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
That a new Chapter 19A of the Code of Ordinances of
Beaumont, Texas, is hereby added to read as follows:
SPctinn 1_
Section 19A-1 - Definitions.
For the purpose of this ordinance, the following words and phrases
shall have the meanings respectively ascribed to them by this section.
(a) Employee. Any person over eighteen (18) years of age, other
than a massagist, who renders any service in connection with the operation
of a massage business and receives compensation from the operator of the
business or patrons.
(b) Licensee. The person to wham a license has been issued to
own or operate a massage establishment as defined herein.
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(c) Massage. Any method of pressure on or friction against, or
stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating
of the external parts of the human body with the hands or with the aid of
any mechanical electrical apparatus or appliances with or with such supple-
mentary aids as rubbing alcohol, _.liniments, antiseptics, oils, powder,
creams, lotions, ointment, or other such similar preparations commonly used
in the practice of massage, under such circumstances that it is reasonably
expected that the person to wham the treatment is provided or same third
person on.his or her behalf will pay money or give any other consideration
or any gratuity therefor.
(d) Massage Establishment_- Any establishment having a source of
income or compensation derived from the practice of massage as defined in
Subsection (c), and which has a fixed place of business where any person,
firm, association or corporation engages in or carries on any of the activities
as defined in Subsection (c). This term shall not be deemed to apply to any
organization conducting practice of massage on premises it owns or lawfully
occupies in the City of Beaumont and which is exempt from ad valorem tax-
ation under the laws of the State of Texas.
(e) Massagist, Masseur, or Masseuse. Any person who, for any con-
sideration whatsoever, engages in the practice of massage as defined in
Subsection (c).
(f) Outcall Massage Service. Any business, the function of which
is to engage in or carryon massages at a location designated by the customer
or client rather at a massage establishment as defined in Subsection (c).
(g) Patron. Any person over eighteen (18) years of age who re-
ceives a massage under such circumstances that it is reasonably expected
that he or she will pay money or give any other consideration therefor.
(h) Permittee. The person to whom a permit has been issued to act
in the capacity of a massagist (masseur or masseuse) as herein defined.
(i) Person. Any individual, partnership, firm, association, joint
stock cmipany, corporation, or combination of individuals of whatever form
or character.
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(j) Recognized School. Any school or educational institution
licensed to do business as a school or educational institution in the state
in which it is located, or any school recognized by or approved or affiliated
with the,.American Massage and Therapy Association, Inc. and which has for its
purpose the teaching of the theory, method, profession, or work of massage,
which school requires a resident course of study not less than seventy (70)
hours before the student shall be furnished with a diploma or certificate
of graduation from such school or institution of learning following the suc-
cessful completion of such course of study or learning.
(k) Sexual ,or Genital Area. Genitals, pubic area, buttocks, anus,
or perineum. of any person, or the vulva or breasts of a female.
Section 19A-2 - Business License and Permit Required.
(a) No person shall engage in or carry out the business of massage
unless he has a valid massage business license issued by the City pursuant
to the provisions of this ordinance for each and every separate office or
place of business conducted by such person.
(b) No person shall practice massage as a massagist, employee_ or
otherwise, unless he has a valid and subsisting massagist's permit issued
to him by the City pursuant to the provisions of this ordinance.
Section 19A-3 - Exemptions.
This ordinance shall not apply to the following individuals while
engaged in the personal performance of the duties of their respective pro-
fessions:
(a) Physicians, surgeons, chiropractors, osteopaths, or physical
therapists who are duly licensed to practice their respective professions
in the State of Texas.
(b) Nurses who are registered under the laws of this State.
(c) Barbers and beauticians who are duly licensed under the laws
of.�this State, except that this exemption shall apply solely to the massaging
of the neck, face, scalp., and hair of the customer or client for cosmetic
or beautifying purposes.
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(d) Employees of any organization conducting the practice of
massage on premises it owns or lawfully occupies in the City of Beaumont
and which is exempt from ad valorem taxation under the laws of the State
of Texas.
Section 19A-4 - Application for Massage Establishment License.
Every applicant for a.license to maintain, operate or conduct a
massage establishment shall file an application under oath with the City
of Beaumont upon a form provided by the City Clerk and pay a nonrefundable
annual license fee, which shall be $100 per year or any part thereof. Li
censees who have already paid the license fee for the current six (6) month
period shall not be required to pay an additional fee hereunder. The ap-
lication, once accepted, shall be referred to the Police Department for
investigation. Copies of the application shall within five (5) days also be
referred to the Building Inspection Department, the Fire Department, and the
Health Department. The departments shall within thirty (30) days inspect
the premises proposed to be operated as a massage establishment and shall
make written verification to the City Clerk concerning compliance with the
codes of the.City of Beaumont that they administer. The application shall
further be referred to the Police Department for investigation of the applicant's
character and qualifications. Each application shall contain the following
information:
(a) A definition of service to be provided.
(b) The location, mailing address and all telephone numbers
where the business is to be conducted.
(c) The name and residence address of each applicant (hereinafter
all provisions which refer to applicant include an applicant which may be
a corporation or partnership).
(1) If applicant is a corporation, the names and
residence addresses of each of the officers and directors of said corporation
and of each stockholder owning more than ten percent (10%) of the stack of
the corporation, and the address of the corporation itself, if different
from the address of the massage establishment.
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(2) If applicant is a partnership, the names and
residence addresses of each of the partners including limited partners,
and the address of the partnership itself, if different from the address
of the massage establishment.
(d) The two (2) previous addresses immediately prior to the present
address of the applicant.
(e) Proof that the applicant is at least eighteen (18) years of age.
-(f) Individual or partnership applicanVis height, weight, color of
eyes and hair, and sex.
(g) Copy of identification such as driver's license and social
security card.
(h) one portrait photograph of the applicant at least two (2)
inches by two (2) inches and a complete set of applicant's fingerprints which
shall be taken by the Chief of Police of his agent. If the applicant is a
corporation, one portrait photograph at least two (2) inches by two (2) inches
of all officers and managing agents of said corporation and a complete set of
the same officers' and agents' fingerprints which shall be taken by the Chief
of Police or his agent. If the applicant is a partnership, one front -face
portrait photograph at least two (2) inches by two (2) inches in size of each
partner, including a limited partner in said partnership, and a complete set
of each partner or limited partner's fingerprints which shall be taken by the
Chief of Police or his agent.
(i) Business,occupation, or employment of the applicant for the
three (3) years immediately preceding the date of application.
(j) The massage or similar business license history of the ap-
plicant; whether such person, in previously operating in this or another
City or State has had a business license revoked or suspended, the reason
therefor, and the business activity or occupation subsequent to such action
of suspension or revocation.
(k) All criminal convictions other than misdemeanor traffic vio-
lations, including the dates of convictions, nature of the crimes and place
convicted.
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(1) The name and address of each massagist who is or will be
employed in said establishment.
(m) Applicant must furnish a diploma or certificate of graduation
from a recognized or other institution of learning whereih...the method, pro-
fession and work of massage is taught, provided, however, that if the ap-
plicant will not himself engage in the practice of massage as defined herein,
he need not possess such diploma or certificate of graduation from a recognized
school.or other institution of learning wherein the method, profession and
work of massage is taught.
(n) The name and address of any massage business or other es-
tablishment owned or operated by any person whose name is required to be given
in Subsection (c) wherein the business or profession of massage is carried on.
(o) A description of any other business to be operated on the
same premises or on adjoining premises awned or controlled by the applicant.
(p) Authorization for the City, its agents and employees to seek
information and conduct an investigation into the truth of the statements set
forth in the applicant and the qualifications of the applicant for the permit.
(q) Such other identification and information necessary to dis-
cover the truth of the matters hereinbefore specified as required to be set
forth in the application.
(r) The names, current addresses and written statements of at
least three (3) bonafide permanent residents of the United States that the
applicant is of good moral character. If the applicant is able, the statement
must first be furnished fram residents of the City, then the County, then the
State of Texas, and lastly from the rest of the United States. These refer-
ences must be persons other than relatives and business associates.
Upon the completion of the above provided form and the furnishing
of all foregoing information the City Clerk shall accept the application.for
the necessary investigation. The holder of a massage establishment license
shall notify the City Clerk of each change in any of the data required to be
furnished by this Section within ten (10) days after such change occurs.
Section 19A-5 - Application for Massagist's Permits.
Application for a massagist's business permit shall be made to the
City Clerk in the same manner as provided above for massage establishment
licenses, accompanied by the annual nonrefundable massagist's permit fee
of $75 per year or part thereof. Massagist who have already paid the permit
fee for the current six (6) month period shall not be required to pay an ad-
ditional fee hereunder. The application shall contain but not be limited
to the following:
(a) The business address and all telephone numbers where the
massage is to be practiced.
(b) Name and residence address, and all names, nicknames and aliases
by which the applicant has been knmm,.including the two previous addresses
immediately prior to the present address of the applicant.
(c) Social Security number,..driver's license number, if any,
and date of birth.
(d) Applicant's weight, height, color of hair and eyes, and sex.
(e) Written evidence that the applicant is at least eighteen (18)
years of age.
(f) A complete statement of all convictions of the applicant for any
felony or misdemeanor or violation of a local ordinance, except misdemeanor
traffic violations.
(g) A complete set of applicant's fingerprints taken by the Chief
of Police or his agent.
(h) Two front -face portrait photographs taken within thirty (30)
days of the date of application and at least two (2) inches by two (2) inches
in size..
(i) The name and address of the recognized school attended, the
dates attended and .a copy of the diploma or certificate of graduation awarded
the applicant showing;;the applicant has completed not less than seventy (70)
hours of instruction. For persons presently employed as a masseur or
masseuse in the City of Beaumont, this Section shall not apply until January
1, 1978; present employment shall be established by sworn affidavit from the
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employer; after which time such person must be actively engaged, enrolled,
or participating jn a course of study designed to fulfill the requirements
of this Section and which is certified to by an official of the approved
school. The burden of establishing such active engagement, enrollment, or
participation shall be upon the person seeking a permit herein. For persons
not so employed, this Section shall be effective upon passage.
(j) The massage or similar business history and experience ten
(10) years prior to the date of application, including but not limited to
whether or not such person,_ in previously operating in this or another city
or state under license or permit, has had such license or permit denied,
revoked, or suspended and the reasons therefor, and the business activities
or occupations subsequent to such action of denial, suspension or revocation.
(k) The names, current addresses and written statements of at least
five (5) bonafide permanent residents other than relatives, of the United
States that the applicant is of good moral character. If the applicant is
able, the statement must first be furnished from residents of the City, then
the County, then the State of Texas, and lastly from the rest of the United
States.
(1) A medical certificate'signed by a physician, licensed to
practice in the State of Texas, within seven (7) days of the date of the ap-
plication. The certificate shall state that the applicant was examined by
the certifying physician and that the applicant is. free. of .communicable _
disease::. Thd additional information required by this Subsection shall be
provided at the applicant's expense.
(m) Such other information, identification, and physical examination
of the person deemed necessary by the Police Chief in,order to discover the
truth of the matters hereinbefore required to be set forth in the application.
(n) Authorization for the City, its agents and employees to seek
information and conduct an investigation into the truth of the statements
set forth in the application and the qualifications of the applicant for the
permit.
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(o) Written declaration by the applicant, under penalty of perjury,
that the foregoing information contained in the application is true and
correct, said declaration being duly dated and signed in the City.
Section 19A-6 - Issuance of License or Permit for a Massage Establishment.
The City Clerk shall issue a license for a massage establishment
or a permit for a masseur or masseuse if all requirements for a massage es-
tablishment or massagist permit described in this ordinance are met unless
he finds:
(a) The correct permit or license fee has not been tendered to.
the City, and, in the case of a check, or bank draft, honored with payment
upon presentation.
(b) The operation, as proposed by the applicant, if permitted,
would not comply with all applicable laws, including, but not limited to,
the City's building, zoning, and health regulations.
(c) The applicant, if an individual; or any of the stockholders
holding more than ten percent (10%) of the stock of the corporation, any of
the officers and directors, if the applicant is a corporation; or any of the
partners, including limited partners, if the applicant is a partnership; or
the holder of any lien, of any nature, upon the business and/or the equip-
ment used therein; and the manager or other person principally in charge of
the operation of the business, have been convicted of any of the following
offenses or convicted of an offense outside the State of Texas that would have
consttuted:_:any..-of_ _the':following offenses if committed within the State of
Texas.
(1) An offense involving the use of force and
violence upon the.person of another that amounts to a felony.
(2) An offense involving sexual misconduct.
(3) An offense involving narcotics, dangerousdrugs or
dangerous weapons that amounts to a felony.
The City Clerk may issue a license or permit to any person
convicted of any of the crimes described in Subsections (1), (2) or (3) of
this Section -.'-if he finds that such conviction occurred at least ten (10) years
prior to the date of the.application and the applicant has had no subsequent
felony convictions of -any nature and no subsequent misdemeanor convictions for
crimes mentioned in this Section.
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Section 19A-10 - Multiple Massage Establishments.
Should any massage business have more than one location where the
business of massage is pursued, then a permit, stating both the address of
the principal place of business,and of the other locations(s) shall be issued
by the Chief of Police upon the --tender of a license fee of $100 for each
additional location. Licenses issued for other locations shall terminate
on the same date as that of the principal place of business, regardless of
the date of issuance.
Section 19A-11._- Posting of.License.
(a) Every massagist shall post the permit required. by this ordinance
in his work area.
(b) Every person, corporation, partnership, or association licensed
under this ordinance shall display such license in a prominent place.
Section 19A-12 - Register of Employees.
The licensee or person designated by the licensee of a massage
establishment shall maintain a register of all persons employed at any time
as masseurs or masseuses and their permit numbers. Such register shall be
available at the massage establishment to representatives of the City of
Beaumont during regular business hours.
Section 19A-13 - Revocation or Suspension of License.
Any license issued for a massage establishment may be revoked or
suspended by the City Clerk after notice and a hearing, for good cause, or
in any case where any of the provisions of this ordinance are violated or
where any employee of the licensee, including a masseur or masseuse is engaged
in any conduct which violates any of the state or local laws or ordinances at
.licensee's place of business and the licensee has actual or constructive
knawledge by due diligence. The City Clerk shall give the licensee ten (10)
days written notice of intent to revoke or suspend the license.
Section 19A-14 - Revocation of Masseur or Masseuse Permit.
A masseur or masseuse permit issued by the City Clerk shall be revoked
or suspended where it appears that the masseur or masseuse has been convicted
of any offense which would be cause for denial of a permit upon an original
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application, has made a false statement on an application fora permit, or has
committed an act in violation of this ordinance. The City Clerk shall give
the permittee ten .(10) days notice of intent to revoke or suspend the permit.
Section 19A-15 - Appeal of Revocation of License or Permit.
Any person whose license or permit required herein is revoked by the
City Clerk shall have the right of appeal to the City Council upon twenty-one
days notice .to the City Manager. The decision of the City Council shall be
final.
Section 19A-16- Facilities Necessary.
No license to conduct a massage establishment shall be issued unless
an inspection by representatives of the City of Beaumont reveals that the
establishment complies with each of the following minimum requirements:
(a) Construction of rooms used for toilets, tubs, steam baths and
showers shall be made waterproof with approved waterproofed materials and
shall be installed in accordance with the Southern Standard Building Code.
Plumbing fixtures shall be installed in accordance with the Southern Standard
Plumbing Code.
(1) Steam rooms and shower compartments shallhave waterproof
floors, walls, and ceilings approved by the City of Beaumont.
(2) Floors of wet and dry heat rooms shall be adequately pitched
to one or more floor drains properly connected to the sewer. (Exception: Dry
heat rooms with wooden floors need not be provided with pitched floors and
floor drains).
(3) A source of hot wager must be available within the immediate
vicinity of dry and wet heat rooms to facilitate cleaning.
(b) The premises shall have adequate equipment for disinfecting and
sterilizing nondisposable instruments and materials used in administering
massages. Such nondisposable instruments and materials shall be disinfected
after use on each patron.
(c) Closed cabinets shall be provided and used for the storage of
clean linen,. towels and other materials used in connection with administering
massages. All soiled linens, towels, and other materials shall be kept in
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properly covered containers or cabinets, which containers or cabinets shall
be kept separate from the clean storage areas.
(d) Toilet facilities shall be provided in convenient locations.
When employees and patrons of different sexes are on the premises at the same
time, separate toilet facilitiesshall be provided for each sex. A single
water closet -per sex shall be provided for each twenty (20) or more employees
or patrons of that sex on the premises at any one time. Urinals may be sub-
stituted for water closets after one water closet has been provided. Toilets
shall be designated as to the sex accommodated therein.
(e) Lavatories or washbasins provided with both hot and cold running
water shall be installed in either the toilet room or a vestibule. Lavatories
or washbasins shall be provided with soap and dispenser and with sanitary towels.
(f) All electrical equipment shall be installed in accordance with
the requirements of the Beaumont Electrical Code.
Section 19A-19 - Operating Requirements.
(a) Every portion of the massage establishment, including appliances
and apparatuses, shall be kept clean and operated in a sanitary condition.
(b) Price rates for all services shall be prominently posted in the
reception.:. area in a location available to all prospective customers.
(c) All employees, including masseurs and masseuses, shall be clean
and wear clean, nontransparent outer garments whose use is restricted to the
massage establishment and which covers the sexual and genital areas. A separate
dressing room for each sex must be available on the premises with individual
lockers for each employee. Doors to such dressing rooms shall open inward
and shall be self-closing.
(d) All massage establishments shall be provided with clean, laundered
sheets and towels in sufficient quantity and shall be laundered after each
use thereof and stored in a sanitary manner.
(e) No massage establishment granted a license under the provisions
of this ordinance shall place, publish, or distribute, or cause to be placed,
published, or distributed any advertisement, picture, or statement which is
known or through the exercise of reasonable care should be known to,be false,
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deceptive, or misleading in order to induce any person to purchase or
utilize any professional massage services.
Section 19A--18 - Persons Under Age 18 Prohibited on Premises.
No person shall permit any person under the age of eighteen (18)
years to come or remain on the premises of any massage business establishment,
as masseur, employee, or patron, unless such person is on the premises on
lawful business.
Section.19A 19 - Alcoholic Beverages Prohibited.
No person shall sell, give, dispense, provide, or keep, or cause to
be sold, given, dispensed, provided., or kept, any alcoholic beverage on the
premises of any massage business.
Section 19A-20 - Hours.
No massage business shall be kept open for any purpose between the
hours of 10:00 P.M. and 8:00 A.M.
Section 19A-21 - Employment of Massagist.
No person shall employ as a massagist any person unless said employee
has obtained and has in effect a permit issued pursuant to this ordinance.
Section 19A-22 -..Inspection Required.
The Chief of Police or his authorized representatives shall from
time to time make inspection of each massage business establishment for the
purposes of determining that the provisions of this ordinance are fully
complied with. It shall be unlawful for any permittee to fail to allow such
inspection officer access to the premises or hinder such officer in any manner.
Section 19A:23 - Unlawful Acts.
(a) It shall be unlawful for any person holding a permit under this
Section to treat a person of the opposite sex, except upon the signed order
of a licensed physician, osteopath, chiropractor, or registered physical
therapist, which order shall be dated and shall specifically state the number
of treatments, not to exceed ten (10). The .date and hour of each treatment
given and the name of the operator shall be entered on such order by the
establishment where such treatments are given and shall be subject to
inspection by the police pursuant to Section 20. The requirements of this
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Subsection shall not apply to treatments given in the residence of a patient,
the office of a licensed physician, osteopath, or registered physical thera-
pist, chiropractor, or -in a regularly established and licensed hospital or
sanitarium.
(b) It shall be unlawful for any person, 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 to massage, a sexual part of any other
person.
(c) It shall be unlawful for any person, in a massage parlor, to
expose his or her sexual or genital parts, or any portion thereof, to any
other person. It shall also be unlawful for any person, in a massage parlor,
to expose the sexual or genital parts, or any portions thereof, of any person.
(d) It shall be unlawful for any person, while in the presence of
any other person in a massage parlor, to fail to conceal with a fully opaque
covering, the sexual or genital parts of his or her body.
I
(e) It shall be unlawful for any person owning, operating, or
managing a massage parlor, knowlingly to cause, allow, or permit in or about
such massage parlor, any agent, employee, or any other person under his con-
trol or supervision to perform such acts prohibited in Subsections (a), (a),
or (c) of this Section.
(f) It shall be further unlawful for any permitted under this
ordinance to administer massage on an outcall basis as defined in Section 1(f).
Such person shall administer massage solely within an establishment licensed
to carry on such business under this ordinance. Any violation of these pro-
visons shall be deemed grounds for revocation of the permit granted hereunder.
.The restriction on outcall massage shall not apply to a permittee who performs
outcall massage a s;.defined-herein-upon_a customer -:or -_client who, because of
reasons of physical "defects or incapacities or due to illness is physically
unable to travel to the massage establishment. If any outcall massage is
performed under this exception, a record of the date and hour of each treatment,
and the name and address of the customer or client, and the name of the _em-
ployee administering such treatment and the type of treatment administered,
as well as the nature of the physical defect, incapacity or illness of said
client or customer shall be'kept by the licensee or person or employee desig-
-15-
nated by the licensee. Such records .shall be open to inspection by officials
charged with the enforcement of public health laws. The information furnished
or secured as a result of any such inspection shall be confidential. Any'un-
authorized disclosure or use of such information by an employee of the busi-
ness of the City. of Beaumont shall be unlawful.
(g) It shall be unlawful for any massage service to be carried on
within any cubicle, room,. booth, or any area within a massage establishment
which is fitted with a door capable of being locked. All doors or doorway
coverings within a massage establishment shall have an unobstructed opening
six (6) inches by six (6) inches in size capable of clear two-way viewing
into and out of all -cubicles, rooms, or booths. The opening shall be not
less than four and one-half feet from the floor of the establishment nor
more than five and one-half feet from the floor. Toilets and cubicles used
solely for the application of liquid and vapor baths shall have no such
opening in the covering door or curtain, but shall be clearly marked as to
purpose on the exterior door or curtain of said cubicle, room, or booth.
Nothing contained herein shall be construed to eliminate other requirements
or statute or ordinance concerning the maintenance of premises, nor to preclude
authorized inspection thereof, whenever such inspection is deemed necessary
by the police or health departments.
Section 19A-.24-.- Sale or Transfer or Change of Location.
Upon sale, transfer, or relocation of massage establishment, the
license therefor shall be null and void unless approved as,:provided in
Section 19A-6 provided, -however, that upon the death or incapacity of the
licensee or any co -licensee, or any guardian of an heir or devisee of a de-
ceased licensee, may continue the business of the massage establishment for
a reasonable period of .time not to exceed. sixty (60) days to allow for an
orderly transfer of the license..
Section 19A-25..- Name and Place of Business.
No person granted a license pursuant to this ordinance shall operate
the massage establishment under a name not specified in his license, nor
shall he conduct business under any designation or location not specified
in his license.
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section 4.
All ordinances or parts. of ordinances in conflict herewith are
hereby repealed.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the _,QA�
day of 1977.
- Mayor -
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