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Massage Ordinance Presented by Rick St. John, Deputy City Manager Massage Ordinance 2 We are seeking consensus from Council on suggested changes and additions to the massage ordinance. Massage Ordinance 3 • Recommended additions/changes – Includes bodywork establishments • Reflexology and applications to the feet, hands, or ears – Defines terms previously left undefined – • Site manager • Property owner • Applicant • Responsible party Massage Ordinance 4 • Recommended additions/changes – Excludes: • Medical doctors and nurses • Athletic trainers • Cosmetologists and aestheticians • Massage schools • Mobile massage not offered to the public Massage Ordinance 5 • Recommended changes/additions – Required information for a license • Legal name and aliases, home address, phone number, in other address in the last 10 years • Copy of their State issued massage therapy license for all therapists • Address of the establishment, lease or rental agreements, hours of operation • List of services provided • Names and identification from all controlling persons, signed statement from all controlling persons acknowledging it is a Class 3 Misdemeanor to allow conduct in violation of ARS 13-2908 Massage Ordinance 6 • Recommended changes/additions – Specifically states that no controlling person (manager, landlord, property owner, partner with at least 10% interest in the business) shall knowingly permit or negligently fail to take reasonable actions to prevent criminal activity from occurring (violation is a civil penalty) – Must report within 10 days any arrests of any employee, contractor or controlling persons, any resignations, terminations, or transfers of employees – Must provide at least three (3) different times during the day within a seven (7) day period for the applicant to be inspected – A quarterly report to the City updating the business information including all employees and independent contractors who provide massage therapy or bodywork at the establishment. Massage Ordinance 7 • Recommended changes/additions – Licenses are valid for one (1) year from date of issuance – Sets forth grounds for denial • Providing false or misleading information • Any criminal conviction within the past ten (10) years for an offense having a reasonable relationship to a massage establishment • Working under a false or assumed name in a massage establishment within the past (10) years • If the applicant past three (3) years • If the requested location of the establishment had a previous establishment whose license was revoked for violation of the chapter within the past three (3) years • If the application had a license denied within the past year Massage Ordinance 8 • Recommended changes/additions – Sets forth grounds for suspension • Convicted, cited or charged with any crime involving; – Fraud, prostitution, indecent exposure, pornography, any sexual act, nudity, breach of the peace • Within 18 months; – 1st suspension can be up to 14 days – 2nd suspension 15-30 days – 3rd suspension license is revoked – Sets forth a process for appeal of suspension or revocation Massage Ordinance 9 • Recommended changes/additions – Building requirements • Building cannot have an exterior entrance or exit providing direct access to sleeping or living areas • Must have an entrance or window with direct public line of sight to the sales transaction area (exception for establishments within larger buildings) • Must post in multilanguage a notice to employees regarding sex crimes and human trafficking and how to contact the PD • Prohibits business hours between 10pm and 6am Massage Ordinance 10 We are seeking consensus from Council on these suggested changes to the massage ordinance.