O-80-743 - 5/8/1980ORDINANCE NO. 74.3
AN ORDINANCE AMENDING CHAPTER 4, CODE OF ORDI-
NANCES OF THE CITY OF ROUND ROCK, TEXAS, BY
ADDING A NEW SECTION 5 REGULATING MASSAGE PAR-
LORS; DEFINING CERTAIN TERMS; REQUIRING PERMITS,
PROVIDING FEES; PROVIDING FOR THE SUSPENSION AND
REVOCATION OF PERMITS; PROVIDING FOR SANITATION
AND HEALTH REQUIREMENTS: PROHIBITING PERSONS UN-
DER THE AGE OF 18 FROM ENTERING PREMISES; PROHIB-
ITING ALCOHOLIC BEVERAGES; PROVIDING FOR HOURS OF
BUSINESS, ENTRANCES AND EXITS, ACCESS AND TRAIN-
ING; PROVIDING FOR A PENALTY; AND PROVIDING CER-
TAIN EXCEPTIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT
I.
Chapter 4. of the Code of Ordinances, City of Round
Rock, Texas, is hereby amended by adding a new Section, to be
numbered Section 5, which said Section shall read as follows:
Section 5. MASSAGE PARLORS
A. Definitions
Unless the particular provision or the context other-
wise requires, the definitions and provisions contained
in this subsection shall govern the construction, mean-
ing, and application of words and phrases used in this
section.
(1) Employee means any person over eighteen (18) years
of age, other than a masseur, who renders any service in
connection with the operation of a massage business and
receives compensation from the operator of the business
or patrons.
(2) Massage means any method of treating the superfi-
cial parts of a patron for medical, hygenic, exercise,
or relaxation purposes by rubbing, stroking, kneading,
tapping, pounding, vibrating, or stimulating with the
hands, feet or any instrument.
(3) Masseur means any person who engages in the prac-
tice of massage as herein defined. The use of the
masculine gender in this article shall include in all
cases the feminine gender as well.
(4) Patron means any person over eighteen (18) years
of age who receives a massage under such circumstances
that it is reasonably expected that he or she will pay
money or give any other consideration therefor.
B. Permit required.
(1) Business permit required. No persons shall engage
in or carry out the business of massage unless he has a
valid massage business permit issued by the city pursu-
ant to the provisions of this section for each and every
separate office or place of business conducted by such
person.
(2) Masseur's permit required. No person shall prac-
tice massage as a masseur, employee or otherwise, unless
he has a valid and subsisting masseur's permit issued to
him by the city pursuant to the provisions of this
section.
C. Application for massage business permit.
Any person desiring a massage business permit shall
file a written application with the police chief on a
form to be furnished by the police chief. The applicant
shall accompany the application with a tender of the
correct permit fee as hereinafter provided and shall, in
addition, furnish the following:
(1) The type of ownership of the business, i.e.,
whether individual, partnership, corporation, or other-
wise;
ther-wise;
(2) The name, style, and designation under which the
business or practice is to be conducted;
(3) The business address and all telephone numbers
where the business is to be conducted;
(4) A complete list of the names and residence ad-
dresses of all masseurs and employees in the business
and the name and residence addresses of the manager or
other person principally in charge of the operation of
the business;
(5) The following personal information concerning the
applicant, if an individual; and concerning each stock-
holder holding more then ten (10) percent of the stock
of the corporation, each officer and each director, if
the applicant is a corporation; and concerning the part-
ners, including limited partners, if the applicant is a
partnership; and the holder of any lien, of any nature,
upon the business and/or the equipment used therein; and
concerning the manager or other person principally in
charge of the operation of the business:
(a) Name, complete residence address and residence
telephone numbers,
(b) The two (2) previous addresses immediately prior
to the present address of the applicant,
(c) Written proof of age,
(d) Height, weight, color of hair and eyes, and sex,
(e) Two (2) front -face portrait photographs taken
within thirty (30) days of the date of the appli-
cation and at least two (2) by two (2) inches in
size.
(f) The massage or similar business history and expe-
rience ten (10) years prior to the date of appli-
cation, 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 reason therefor, and the
business activities or occupations subsequent to
such action of denial, suspension or revocation,
(g) All criminal convictions other than misdemeanor
traffic violations, fully disclosing the jurisdic-
tion in which arrested and the offense for which
arrested and the disposition thereof.
(6) Such other information, identification, and physi-
cal examination of the person as shall be deemed neces-
sary by the police chief to discover the truth of the
matters hereinbefore required to be set forth in the
application;
(7) Authorization for the city, its agents and employ-
ees 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;
(8) The names and addresses of three (3) adult resi-
dents of the county who will serve as character referen-
ces. These references must be persons other than rela-
tives and business associates.
(9) Written declaration by the applicant, under penal-
ty of perjury, that the foregoing information contained
in the application is true and correct, said declaration
being duly dated and signed in the city.
D. Application for masseur's permit.
Any person desiring a masseur's permit shall file a
written application with the police chief on a form to
be furnished by the police chief. The applicant shall
tender with the application the correct permit fee as
hereinafter provided and shall, in addition, furnish the
following:
(1) The business address and all telephone numbers
where the massage is to be practiced.
(2) The following personal information concerning the
applicant:
(a) Name, complete residence address and residence
telephone numbers;
(b) The two (2) previous addresses immediately prior
to the present address of the applicant;
(c) Written proof of age;
(d) Height, weight, color of hair and eyes, and sex;
(e) Two (2) front -face portrait photographs taken
within thirty (30) days of the date of applica-
tion and at least two (2) inches by two (2)
inches in size;
(f) The massage or similar business history and expe-
rience ten (10) years prior to the date of appli-
cation, 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 reason therefor, and the
business activities or occupations subsequent to
such action of denial, suspension or revocation;
(g) All criminal convictions other than misdemeanor
traffic violations, fully disclosing the jurisdic-
tion in which arrested, and the offense for which
arrested and the disposition thereof;
(h) A current valid health card issued by the William-
son County Health Officer.
(3) Such other information, identification, and physi-
cal 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.
(4) Authorization for the City, its agents and employ-
ees 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.
(5) Written declaration by the applicant, under penal-
ty of perjury, that the foregoing information contained
in the application is true and correct, said declaration
being duly dated and signed in the city.
E. Approval by police chief.
Upon receiving the application for a massage business
or masseur's permit, the police chief shall conduct an
investigation into the applicant's moral character and
personal and criminal history. The police chief may, in
his discretion, require a personal interview of the
applicant, and such further information, identification
and physical examination of the person as shall bear on
the investigation.
In the case of applications for massage business per-
mits, the police chief shall cause to be conducted an
investigation of the premises where the massage business
is to be carried on, for the purposes of assuring that
such premises comply with all the sanitation require-
ments as set forth in this article and with the regula-
tions of public health, safety and welfare.
Before any permit shall be issued under this article,
the police chief shall first sign his approval of the
application.
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F. Issuance of massage business permit.
The police chief shall issue a massage business permit
within thirty (30) days of receipt of the application
unless he finds that:
(1) The correct permit fee has not been tendered to
the city, and, in the case of a check, or bank draft,
honored with payment upon presentation;
(2) 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;
(3) The applicant, if an individual, or any of the
stockholders holding more than ten (10) percent of the
stock of the corporation, any of the officers and direc-
tors, 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 equipment used
therein; and the manager or other person principally in
charge of the operation of the business, have been
convicted of any felony or a misdemeanor involving moral
turpitude unless such conviction occurred at least five
(5) years prior to the date of the application;
(4) The applicant has knowingly made any false, mis-
leading, or fraudulent statement of fact in the permit
application or in any document required by the city in
conjunction therewith;
(5) The applicant has had a massage business, masseur,
or other similar permit or license denied, revoked, or
suspended by the city or any other state or local agency
within five (5) years prior to the date of the applica-
tion;
(6) The applicant, if an individual, or any of the
officers and directors, if the applicant is a corpora-
tion, or any of the partners, including limited part-
ners, if the applicant is a partnership, and the manager
or other person principally in charge of the operation
of the business, is not over the age of eighteen (18)
years.
G. Issuance of masseur's permit.
The police chief shall issue a masseur's permit within
fifteen (15) days of receipt of the application unless
he finds that:
(1) The correct permit fee has not been tendered to
the city, and, in the case of a check or bank draft,
honored with payment upon presentation;
(2) The applicant has been convicted of a crime in-
volving moral turpitude, unless such conviction occurred
at least five (5) years prior to the date of the
application;
(3) The applicant has knowingly made any false, mis-
leading, or fraudulent statement of fact in the permit
application or in any document required by the city in
conjunction therewith;
(4) The applicant has had a massage business, masseur,
or other similar permit or license denied, or suspended
by the city or any other state or local agency within
five (5) years prior to the date of application.
(5) The applicant is not over the age of eighteen (18)
years.
H. Display of permits.
The massage business permittee shall display his per-
mit and that of each and every masseur employed in the
establishment in an open and conspicuous place on the
premises of the massage business.
I. Fees.
The permit fee for a massage business shall be one
hundred dollars ($100.00) per year. The permit fee for
masseurs shall be fifteen dollars ($15.00) per year.
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. Separate locations.
Should any massage business have more than one loca-
tion where the business of massage is pursued then a
permit, stating both the address of the principal place
of business and of the other location(s), shall be
issued by the chief of police upon the tender of a
permit fee of seventy-five dollars ($75.00). Permits
issued for other locations shall terminate on the same
date as that of the principal place of business, regard-
less of the date of issuance.
K. Return of fee.
No portion of any fee collected under this section
shall be returned after a permit has been issued.
L. Suspension and revocation of permits.
(1) A massage business permit may be revoked or sus-
pended in any case where any of the provisions of this
section are violated, or where any employee of the
licensee, including a masseur, is engaged in any conduct
which violates any of the state laws or local ordinances
at permittee's place of business and the permittee has
actual or constructive knowledge by due diligence. Such
revocation proceedings shall be as prescribed by para-
graph (3) of this subsection.
(2) A masseur's permit may be revoked or suspended
where it appears that the masseur has been convicted
or any offense which would be cause for denial of a
permit upon an original application, or has made a false
material statement on an application for a permit. Such
revocation proceedings shall be as prescribed by para-
graph (3) of this subsection.
(3) Any massage business or masseur's permit may be
suspended or revoked by the city council of the City of
Round Rock after notice and a hearing for any cause set
forth in this section. The police chief or his author-
ized agent shall initiate such proceedings by petition
to the city clerk in writing setting forth specifically
the grounds for suspension or revocation and, if a
suspension, the length of time for which such suspension
is requested. A copy of such petition shall be mailed to
the last known address of the permit holder. Notice of
the time and date of the hearing, again setting forth
the specific grounds upon which the police chiefs peti-
tion is based, shall be given in writing by the city
clerk through certified United States mail to the permit-
tee at his last known address at least five (5) days
prior to the date set for a hearing. The city council
shall, by majority vote, determine whether or not such
permit shall be suspended or revoked, and such action
shall be final and conclusive.
(4) Any applicant denied a permit shall have the right
of appeal to city council. Such appeal shall be taken by
filing with the city clerk, within ten (10) days after
notice of the denial has been mailed to such person's
address as set forth in the application, a written
statement setting forth fully the grounds for the ap-
peal. The city clerk shall provide for a council hearing
on such appeal at the earliest convenient regular coun-
cil meeting and shall notify the appellant and the
police chief of the date and time of such council
hearing in the same manner as provided in paragraph (3)
of this subsection. The council shall, by majority vote,
either sustain the action of the police chief or issue
the permit.
M. Keeping of records.
Every person who operates a massage business or pro-
vides a massage shall at all times keep an accurate
appointment book(s) in which the name, age and current
address of each and every patron shall be entered,
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together with the date and name of the masseur providing
the massage. Such registration shall be required prior
to the rendering of any massage service to any patron.
The appointment book shall be available during business
hours for inspection, on the premises of the massage
establishment, by the police chief and the director of
health or their authorized representatives. The appoint-
ment book shall be used for each permit year.
N. Transfer prohibited.
No massage business and masseur permits are transfer-
able, separate or divisible, and such authority as a
permit confers shall be conferred only on the permittee
named therein.
0. Sanitation and health requirements.
All premises used by permittees hereunder shall be
periodically inspected by the police chief or his author-
ized representative for safety of structure and adequacy
of plumbing, ventilation, heating and illumination.
Floors shall be free from any accumulation of dust,
dirt, or refuse. Well -marked toilet and hand -washing
facilities for permittees, employees, and patrons shall
be provided. All walls, ceilings, windows and doors
shall be free of dust, dirt, refuse or mold. In high
humidity areas, including toilet rooms, shower rooms,
steam rooms, locker rooms and other such rooms, the
walls ceiling and floors shall be constructed or covered
with a material that is smooth, nonabsorbent, and easily
cleaned.
Towels, cloths, and sheets shall not be used for more
than one patron. Heavy, white paper may be substituted
for sheets provided that such paper is changed for every
patron. Soiled linens and towels shall be stored in a
clearly marked covered receptacle and shall not be re-
used prior to laundering. Any individual performing any
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duties at a massage business that may bring them into
contact with patrons of the business or with the towels,
cloths, sheets, or paper, if such is substituted for
cloth, shall have a current valid health card issued by
the Williamson County Health Office on his person at all
times during business hours. No animals shall be permit-
ted within a massage business at anytime.
All equipment used for the treatment of patrons shall
be kept in a clean and sanitary condition, and said
equipment shall be kept in a good and safe state of
repair at all times.
Male masseurs shall wear all white slacks and shirt;
and female masseurs shall wear an all white dress or all
white slacks and blouse while engaged in the treatment
of a patron. An all white surgical gown or smock may be
substituted. Said clothing shall at least cover the
masseur's pubic area, perineum, buttocks, natal cleft
and entire chest to four inches below the collarbone.
The masseur's clothing shall be kept clean at all times,
and soiled clothing shall not be worn during the treat-
ment of a patron. No masseur shall massage a patron
whose genitals are exposed during the treatment; and no
patron of a massage business shall knowingly expose his
genitals during a massage to a masseur.
No massage service or practice shall be carried on
within any cubicle, room, booth, or any area within a
massage establishment which is fitted with a door capa-
ble of being locked. All doors or doorway coverings
within a massage establishment shall have an unobstruc-
ted 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. Said opening shall be not
less than four and one-half (42) feet from the floor of
the establishment nor more than five and one-half (52)
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 of statute or ordinance concerning the main-
tenance of premises, nor to preclude authorized inspec-
tion thereof, whenever such inspection is deemed neces-
sary by the police or health department.
P. Supervision.
A permittee shall have the premises supervised at all
times when open for business. Any business rendering
massage services shall have one person who qualifies as
a masseur on the premises at all times while the estab-
lishment
stab-lishment is open. The permittee shall personally super-
vise the business, and shall not violate or permit
others to violate, any applicable provision of this
section. The violation of any such provision by any
agent or employee of the permittee shall constitute a
violation by the permittee.
Q. Persons under age eighteen prohibited on the 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, employ-
ee, or patron, unless such person is on the premises on
lawful business.
R. 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.
S. Hours.
No massage business shall be kept open for any purpose
between the hours of 10:00 p.m. and 8:00 a.m.
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T. Entrances, exits.
No massage business shall have an entrance or exit way
providing a direct passageway to any other type of
business, residence or living quarters.
U. Access.
All massage establishments operating under the author-
ity of this section are declared to be public places,
and shall not, during business hours, have the doors to
the exits and entrances of such establishments locked or
obstructed in any way so as to prevent free ingress and
egress of persons; provided, however, such doors may be
closed.
V. Training.
(1) No masseur's permit shall be issued or renewed by
the police chief after the effective date of this sec-
tion to any individual who has not successfully com-
pleted three (3) semester hours of basic anatomy and
physiology at an institution of higher learning accred-
ited by the Southern Association of Colleges and Univer-
sities or the Texas Education Agency, or an equivalent
state accrediting agency or regional association. A pho-
tocopy of the applicant's grade record, reflecting suc-
cessful completion of said course, shall be submitted to
the police chief together with the information required
by subsection D of this article.
W. Penalty.
Any person who shall violate any provision of this
section shall be deemed to be guilty of a misdemeanor
and shall upon conviction be punished by a fine not
exceeding two hundred dollars ($200.00).
X. Exceptions.
The provisions of this article shall not apply to
hospitals, nursing homes, sanitariums, or persons hold-
ing an unrevoked certificate to practice the healing
arts under the laws of the state, or persons working
under the direction of any such persons or in any such
establishment, nor shall this article apply to barbers,
cosmetologists, physical therapists, assistant physical
therapists
or athletic trainers,
lawfully carrying out
their particular profession or business and holding a
valid unrevoked license or certificate of registration
issued by the state.
READ and APPROVED on first reading this the day of
490) , 1980.
READ, APPROVED and ADOPTED on second reading this the
day of J , 1980.
ATTEST:
yid.
J()%'}Wiki
NNE LAND, City Secretary
LARRY — . TONN, Mayor
City of Round Rock, Texas
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