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HomeMy WebLinkAboutD-287 Licensing Massage Parlors WHEREAS, Indiana Code 18-1-1.5-13 Provides the POwer to the City of Carmel, Indiana, no adoD~ all ~rdinance to license Certain bus/ activities whenever it is in t}~ public i~erest in the Conduct of the affairs of Said County EO ~0 sO. and IffHEREAS, the Carmel City Council deems it to be in the public interest of the citizens of Carmel, Indiana, uo reg~late t}le lic'ensing of massage parlors and dancing halls operated ~zithin the city limits of Carmel, Indiana. NO~ T~EREFORE, BE IT O[{D~,I~.[ED,' ~" by t~le' City Council of the City of Carmel as follows, to-~it: . Section one, General - . Whenever used in this chapter, the following words and phrases shall be defined as herein stated. (a) '~Bath House" means any building, room, place or establish- ment other than ~ regularly licensed hospital, dispensary, hotel, rooming house or public lodging house, where members of the public are provided with baths, regardless whether steam, vapor, water, sauna or otherwise. (b) "Dance Hall" means any building, room, place or establishment wh~re~n any person; male or female engages in any form of dancing wherein said dancer receives remuneration, either in money or kind irom the owner or lessee of said building, room, place, or establishment or from any patron located therein. In addition, thereto, a dance hall shall include any building, room, place, or establishment wherein said d~ncers are not paid compen- sation either in money or kind, but that a portion of said estab- .lishment's business is derived from patrons being entertained by said dancers. (c) "Dancer" includes any person, either male or female, who (d) "Massage Parlor" means any building, room, place or estab- lishment other than a regularly licensed hospital or dispensary where non-medical and non-surgical manipulative exercises are practiced upon the human body with or without the use of mechan- ical or bath devices, by anyone not a physician, osteopath, chiropractor, podiatrist, or physical therapist duly registered with and licensed by the State of Indiana. (e) "Massage" means any method of treating the superficial soft parts of the body for remedial or hygenic purposes, consist- ing of rubbing, stroking, kneading or tapping with the hands or instruments. (f) "Massage defined in (a) School" means any bath house or massage parlor and (b) above, where the act of massage as defined in (c) above is either taught or practiced. (g) "Massage Therapy" means the act of body massage, either by mechanical or electrical apparatus for the purpose of reducing or contouring the body by the use of oil rub, salt, hot and cold packs, cold showers and cabinet baths. (h) "Massage Therapist" means any person who practices, adminis- ters or teaches all of any of the subjects or methods of treatment defined in subsection (g) above as massage therapy. (i) "Massage Therapy Clinic" means any shop, establishment or place of business where any or all of the metheod of massage therapy are administered or used. (j) "Massage Therapy School" means any duly registered massage therapy establishment where a tuition is charged for the instruct- ion of massage therapy techniques. (k) "Private Health Club" means facility for exercise and physi- cal training which is operated for, and open only to members of a -3- Section Two. License required. (a) It is unlawful for any person or firm to operate, conduct, or maintain a massage school, massage parlor, massage therapy clinic, bath house, or dance hall, without a license to operate such massage school, massage parlor, massage therapy clinic, bath house or dance hall issued by the Clerk-Treasurer of the City of Carmel. (b) It shall be unlawful for any person or firm licensed to operate a massage school, massage parlor, massage therapy clinic or bath house to employ or permit any person to perform a massage unless such person be licensed as a massage therapis~by the Clerk-Treasurer of the City of Carmel. (c) It shall be unlawful for any person to be employed as a massage therapist or to perform massages for a fee unless such person be licensed as a massage therapis~by the Clerk~Treasur~ (d) It shall be unlawful for any person or firm to operate a dance hall or to permit a person to dance or perform in said dance hall unless such person be licensed as a dance~ by the Clerk- Treasurer of the City of Carmel. Section Three. A_j2plications for Licenses~ (a) The application for a license to operate a massage school, massage parlor, massage therapy clinic, or bath house shall contain the following information and shall be individually signed by the applicant: 1. Name of applicant and aliases; applicant and former addresses for 2. Resident address of the past three years. 3. Business address of applicant; 4. Number of massaze tables, shower stalls~ or otbar such of 7. Whether tile been previously parlor, massage The names, addresses, ages, citizenship and designations each person connected with the applicant's establishments; applicant or its manager or officers have ever engaged in operating a massage school, massage therapy clinic, or bath house; 8. Whether any applicant, or in the case of a corporation, its managers, officers, directors, or stockholders have ever been convicted of a felony, or of a prior violation of thi~ ordinance 9. The application shall state thereon that; "It is, unlawful for any person to make a false statement, on this application and discovery of a false state~nent shall constitute grounds for denial of an application or for revocation of a permit." (b) Along with the operators' application for a license, there shall be filed a verified application for a massage therapist license, by each individual who is employed in the establishment who is required by the chapter to be licensed. The application shall contain the following information. 1. Name and aliases 2. Age, date of birth, and social security number; 3. Address and former addresses for pagt three (3) years. 4. Citizenship; 5. Nature of work performed; 6. Whether convicted of any public offense concerning an ace of violence, moral turpitude, sex offense, or prior violatign of this ordinance. 7. The application shall state thereon that: "It is unlawful for any person to make a false statement on this application and discovery of a false statement shall constitute grounds for denial of an application or for revocation of a permit." (d) The application for a license to operate a dance hall shall contain the following information and shall be individually signed by the applicant: 1. Name of the applicant and aliases; 2. Present address of applicant and former addresses for the pasn three (3) years~ 3. Business address of the applicant. 4 The approximate number of dancers who will be employed, as well as the seating capacity of the room in which said dances will be conducted. 5. The age, date of birth, citizenship of the~applicant, in the case of individuals, case of a corporanion. 6. The name address, and other managers and officers in age , citizenship and designation of each person connected with the applicant's establishment. 7. Whether or not the applicant and/or its managers or officers have ever previously engaged or operated a dance hall. 8. Whether any applicant or in the case of a corporation, managers, officers, directors or stockholders have ever been convicted of a felony or a prior violation of this ordinance. 9. The application shall state thereon that: "It shall be unla~ful for any person to make false statement on this appli- cation and discovery of the false statement shall constitute grounds for denial of an application or for revocation of a permit ' (e) Along with the aforesaid application for license, there shall be filed a verified application for adancers' license for each individual who %~ill be dancing for remuneration or for the enter- tainment of the patrons for the dance hall. Said application shall contain thg following information: 4. The application shall state thereon that: "It is unlawful for any person to make a false statement on this application and the discovery of a false statement shall constitute grounds for denial of an application or for revocatior of a permit. Section Four. License Fees The annual license fee for each person who operates or is employed by a massage parlor, massage therapy clinic, or bath house or any combination thereof shall be determined in accordanee~with the following rules. (a) "Class A" licenses shall be required for all private health clubs. The fee for said license to be Fifty Dollars ($50.00) annually. (b) "Class B" licenses shall be required for all other owneys of the above mentioned businesses, the fee for said license to be Five Hundred Dollars ($500.00) annually. (c) "Class C" licenses shall be required for massage thera- pists, the fee for said license to be Fifty D6111ars ($50.00) annually for each therapist. (d) Dance Hall licenses shall be required for all dance halls, the fee for said license to be One Thousand Dollars ($1,000.00) annually. (e) Dancer licenses shall be required of all dancers as defined by this ordinance and the Hundred Dollars ($100.00) Section Five. Operations fee for said license shall be One annually for each dancer. (a) No massage school, massage parlor, massage therapy clinic, or bath house shall be operated or conducted in, or without a separate opening to living quarters. There must be a separate (c) Ail licensed operators or permit holders under this ordinance shall display nheir license or permits in a visible location in their establishment. (d) Ail licenses or permit holders shall be subject to all other town or city ordinances, county ordinances and State of Indiana statunes and the regulations of various administrative bodies of the nown, city~ county and state, and violation of such regulations, ordinances or statutes shall be grounds for revo- cation of licenses or permits. [('e) No person shall be employed by any licensee under this chapter or reside on the premises or be~ within the view of any of ~he services rendered by a massage parlor, massage therapy clinic bath house, or dance hall who has not reached the age of twenty-one (21) years. (f) Any establishment licensed under this chapter as a private health club shall maintain a current list of members as the case may be, and a rosner of those receiving massage therapy by dates, said lists and rosters shall be available to the Clerk-TreasUrer and Re~ection of ~pplication ~ Qualifications (a) Upon receipn of the applicaton and license fee as set out in Section Four as provided for in the preceding section, the Clerk- Treasurer of the City of Carmel shall refer said application to the Carmel Police Chief who shall cause to be made a thor- ough investigation relative to the application. The Mayor shall deny any application for a license under this Ordinance after notice and hearing if the Mayor finds that the applicant has been during the previous five (5) years convicted, pleaded nolo contendere, or suffered a forfeiture on any felony charges or upon requesn. Section Six. Issuance -8- license. Notice of the hearing before the Mayor of the City of Carmel with regard to the application shall be given in writing, setting forth the grounds of thm proposed denial of a license and the time and place of the hearing. Such notice shall be mailed by certified mail to the applicant's last known address at least ten (10) days prior to the date set for the hearing. The Mayor shall submit a decision to the appl{cant within five (5) days of the decision or w~thin thirty (30) days of his receipt of the application, whichever date is the sooner. (b) The Mayor shall revoke the license of any person after notice and hearing if the Mayor finds that such person has been within the previous five (5) years convicted, pleaded nolo contendere, or suffered a forfeiture on any felony charge or on a charge of violating any provision included in those sections of the Indiana Code set forth in the immediate' preceding subsections of this ordinance, which laws relate to sexual offenses, or on a charge of violating a similar law of any other jurisdiction or on a charge of violating any provisions of this Ordinance or a similar ordinance in any other jurisdiction. The license shall also be revoked by the Mayor if she finds after notice and hearing that any license holder has made a false statement on.~the application provided for herein. Notice of the hearing before the for revocation of the license shall be given in writing, setting forth the grounds of the proposed revocation and the time and place of the hearing~ Such notice shall be mailed by certified mail to the license holder's last known address at least ten (10) .days prior to the date set for the hearing. (c) Any person who purports to hold a valid license shall display upon request to any policeoffi~er corroborating identi- fyin~ evidence that he or she is, in fact, the person displaying applicant or within sooner. thereof or if the applicant is a corporation it shall include any officer~ director or manager thereof or shareholder owning ten percent (10%) or more of its stock and shall likewise include members of both sexes (e) In the event the Mayor should deny or revoke any license hereunder the applicant shall have an automatic right So appeal such denial or revocation t~ the Board of Public Works of the City of Carmel. Said Board of Public Works shall hold a hearing with same prscedural guidelines as set out above for the Mayor within thirty (30) days of the date of the denial or revQcation. Said Board of Public Works shall submit their decis~ion to the or license holder within five (5) days of its decision thirty (30) days of the hearing whichever date is (f) The license shall be valid for one (1) year and may be renewed on an annual basis upon the filing of payment of the license fee as set out application for renewal must be filed a new application and in Section Four. Said in the Office of the Carmel Clerk-Treasurer not less than thirty (30) da~s prior to the expiration of the existing license Section Seven. Pre-existing Operations- All persons, firms or corporations to which this ordinance is applicable, who are presently operating within the jurisdiction of the Board of Commissioners of Hamilton County, shall make application for license as required herein within thirty (30) days of the effective date of this ordinance. Section Eight. Penalties and Remedies. (a) Penalties: Ail persons, firms, or corporations violating the provisions of this ordinance shall'be guilty of a Class B Misdemeanor. ~in the Circuit or Superior Courts of Hamilton County, Indiana, to restrain an individual, firm or corporation from violating the provisions of this ordinance. Section Nine Complaints Ail complaints of alleged violations of the provisions of this chpater shall be made in writing to the Mayor of the City of Carmel. Upon learning of violations of the provisions of this chapter and/or related ordinances or laws, the Mayor shall utilize the enforcement remedies as provided herein. After a hearing thereon, if nhe Mayor should determine that said license shall be revoked, no refund of license or permit fee shall be due. Section Tem. Should any section, paragraph, sentence, clause or phrase of this ordinanc~ be declared unconstitutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby. Section Eleven This ordinance shall be in full force and effect ~fter passage and publication according to law on the _ /~ day of February, 1981. The foregoing was passed by the City Council of the City of Carmel this ~ day of January, 1981. Presiding Officer of the City Council Approved by: Ma~ of th~ Cify of Carmel