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0383 Massage Therapy License 1992CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 383 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, DEFINING AND ESTABLISHING STANDARDS FOR THE PRACTICE OF MASSAGE OR MASSAGE THERAPY; REQUIRING ADDITIONAL INFORMATION FOR BUSINESS LICENSE PURPOSES; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. New Chapter 5.28. Chapter 5.28, "Massage Therapy", is hereby adopted and added to the Chubbuck Municipal Code: Chapter 5.28 MASSAGE THERAPY 5.28.010 Definitions. For the purposes of this chapter, the terms set out in this section shall have the following meaning: A. Business entity: Any association, company, organization, trust, or venture of any kind, other than a corporation, partnership, or sole proprietorship. B. Licensee: A person or business entity having a valid license issued under this Chapter. C. Massage or massage therapy: A health care, health maintenance, and rehabilitation technique which involves manipulation of the soft tissues of the human body accomplished through pressure, friction, rolling, stroking, tapping, kneading, cupping, petrissage, rubbing, effleurage, tapotement, vibration or joint manipulation by means of the hands, feet and elbow, Ordinance - Page 1 dsc chbbck08.121 whether or not aided by any mechanical or electrical apparatus, appliances, or other supplementary aids such as rubbing alcohol, liniments, oils, powders, creams, lotions, ointments, or herbal preparations. D. Person. Any individual, partnership, corporation, or business entity. 5.28.020. License required. A. No person shall practice massage or massage therapy or engage in, operate, conduct or carry on, or maintain in or upon, or to permit to be engaged in, operated, conducted or carried on, or maintained in or upon, any premises in the city, the operation of a massage establishment as herein defined without being at least eighteen years old and first having obtained an occupational license issued under Chapter 5.04. 5.28.030 Exceptions to license requirements. The following persons shall be exempt from the licensing requirements of this chapter under the conditions listed: A. Persons licensed under the laws of the State of Idaho to practice medicine, surgery, osteopathy, physical therapy, chiropractic, podiatry, or other healing art or profession licensed under the laws of the State of Idaho. B. Nurses registered or licensed pursuant to the laws of the State of Idaho and orderlies, attendants, Ordinance - Page 2 dsc chbbck08.121 or nurses aids in hospitals or clinics acting under the direction of a person listed under the above section. C. Barbers and cosmetologists licensed under the laws of the State of Idaho, provided they do not offer or provide or engage in massage of the legs or any portion of the torso below the lowest part of the clavicle. D. Any physical trainer of any duly-constituted athletic team who administers such athletic-related massage in the normal course of training duties to members of the team. E. Naturopaths and homeopaths and their employees, provided the employee is under the direct supervision of the naturopath. F. Persons who have graduated from a college or university with a degree in physical or occupational therapy and who practice in hospitals, clinics, and similar medical facilities, whose clients are referred by persons listed in subsection A above. 5.28.040 ~upplemental. In addition to the application information required by Chapter 5.04, any person seeking an occupational license for massage or massage therapy shall supply the following additional information: A. The business, occupation, or employment history of the applicant for the five years immediately Ordinance - Page 3 dsc chbbck08.121 preceding the date of the application, including name, dates, location, and nature of same. B. The previous experience of the applicant or any of applicant's agents or employees in the operation of the massage establishment or similar business or occupation, including whether or not such person has previously had a massage or similar license or permit denied, revoked, and/or suspended within the five years preceding the date of the application and the reasons therefor, including a listing of any business activity or occupation of the applicant subsequent to such actions. C. Whether the applicant or any of applicant's agents or employees, within the five years prior to the application, has been convicted of, paid any fine or forfeit, been placed on probation, received a deferred sentence or withheld judgment, or suffered the forfeiture of a bond for failure to appear or complete any sentence of confinement for any felony or non- traffic misdemeanor, along with the details of the charges and sentence imposed. D. The name and address of each massage therapist who is or will be employed in said massage establishment. This shall be deemed a continuing requirement and the applicant or licensee shall be required to update this information within three business days of any change. Ordinance - Page 4 dsc chbbck08.121 E. For each employee or person to be engaging in massage therapy at the applicant's establishment, the applicant shall provide proof of attendance at, and graduation from, a resident course of study consisting of not less than two hundred fifty hours in no less than three calendar months prior to certification of completion of such course of study at a school of theory, method, profession, or work of massage technicians. In lieu of providing transcripts or similar proof, the applicant may provide proof of current membership in the American Massage Therapy Association, or the Idaho Myomassologists Association for each employee who will be engaging in massage therapy. F. Authorization for the city, its agents, and employees to seek information and conduct any investigations necessary to ascertain the truth of the statements set forth in the application and to undertake state and national criminal history checks, of applicant and its employees or agents, including authorization for the city, its agents, and employees to inspect the premises of the establishment. Such information shall also include a history of all nontraffic criminal charges and convictions, history of incarceration or mental illness, actions which brought an applicant under the purview of the Youth Rehabilitation Act, Chapter 18, Title 16 Idaho Code, or Ordinance - Page 5 dsc chbbck08.121 similar provisions in any other jurisdiction. checks may be made of the following sources: 2. 3. 4. 5. National Crime Information Center; Federal Bureau of Investigation; Such Criminal Identification Bureau, Statewide; Employment history; city, county, state records at former residence; Such other reasonable information sources as circumstances may indicate. Set of fingerprints for applicant and each employee or agent of applicant that will engage in massage or massage therapy. Fingerprints will not be required upon renewal of applicant or any employee or agent of applicant that has previously furnished a set of fingerprints to the city for purposes of this section. 5.28.050 Transfers. Licenses issued hereunder shall not be transferrable between persons, provided however, if a licensee desires solely to change premises, application shall be made to the city clerk's office who shall arrange for inspections by the appropriate city departments, and if the new premises meets all ordinance requirements, the city clerk shall subscribe the change of address onto the current establishment license. Ordinance - Page 6 dsc chbbck08.121 5.28.060 Grounds for revocation or denial of license. An occupational license will not be issued and may be revoked if it is found that: A. Operation of the massage establishment or practice by the massage therapist at the lOcation designated would not comply with or ceases to comply with all applicable laws or ordinances, including building, zoning, health regulations, and other operating regulations and sanitary requirements set forth in this chapter. B. The applicant or licensee has within five years prior to making application or at any time after being licensed, been convicted of, paid any fine or forfeiture, been placed on probation, received a deferred sentence, received a withheld judgment, suffered the forfeiture of a bond for failure to appear or complete any part of a sentence of confinement for any felony or misdemeanor involving moral turpitude. C. The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the application or in any document required to be submitted in support thereof. D. The applicant has had a similar permit or license revoked or suspended by the city or any other state or local agency within five years prior to the date of the application. E. The applicant or licensee has ceased to meet Ordinance - Page 7 dsc chbbck08.121 licensing requirements or has failed to provide the required information on the application. F. The licensee has failed to report any changes in the information required to be shown on the original application within three business days, including changes of personnel. 5.28.070 Operatinq and sanitary requirements for establishments. Each massage establishment or location where massage is regularly performed shall be constructed, operated, and maintained in accordance with the following minimum requirements. A. Physical facilities. Steam rooms, shower compartments, steam compartments, tub compartments, toilet rooms, and adjacent exits shall have smooth, nonabsorbent and easily cleanable floors and walls. Floors of wet and dry heat rooms shall be adequately sloped to one or more floor drains properly connected to a sewer system constructed and maintained in accordance with the city building and plumbing codes, except that dry heat room with wooden floors need not be sloped nor provided with floor drains. A source of potable water should be available within the immediate area of the dry and wet heat rooms. Massage tables, exercise tables and benches shall have easily cleanable upholstery or other material covering the entire top surface. Pools, tubs, and similar equipment designed for multiple use without the water being changed between each use, shall comply with city building code and all state health codes and laws. Tubs, baths and similar equipment Ordinance - Page 8 dsc chbbck08.121 designed for single use shall be emptied after each use, thoroughly cleaned, and properly sanitized. Toilet facilities shall be provided in convenient locations separate from other facilities, and shall provide privacy to the occupant. Each handwashing facility shall be provided with running water, soap or detergent, and sanitary single-service towels or blow dryers at all times. Common toweling shall not be used. B. Cleaning and maintenance. Ail rooms where massage is performed, including appliances, exercise tables, and equipment and apparatus, shall be kept clean, in good repair and maintained in a sanitary condition. Wet or dry rooms, vapor rooms, steam or vapor cabinets, show compartments, and toilet facilities and rooms shall be thoroughly cleaned each day the establishment is in operation. Bathtubs and massage tables shall be cleaned and disinfected after each patron's use. Each massage establishment or location where massage is regularly performed shall have readily available clean, sanitized sheets, towels, or other linen in sufficient quantity and said towels and linen shall be cleaned and sanitized after each use. Each patron shall be provided with clean and sanitary sheets, towels, or other linen. No common use of sheets, towels, or other linens shall be permitted. Ail nondisposable instruments, apparatus, equipment, or appliances shall be disinfected after each use on each patron. C. Operators and personnel. Ail massage therapists shall wash their hands thoroughly before and after administering a massage or treatment on each patron, and as often as necessary to remove soil and contamination. Massage therapists shall thoroughly wash their hands after using the toilet, after smoking and after eating. Ordinance - Page 9 dsc chbbck08.121 5.28.080 Inspections. The city may, at any time during the business day, make an inspection of any massage establishment for the purpose of determining compliance with the provisions of this chapter. It shall be unlawful for any licensee to refuse access to any officer or agent of the city, upon being shown proper identification and credentials thereof, provided, however, that due regard shall be given to the privacy of the massage client in determining whether immediate access may be granted to a particular area. 5.28.090 Hours of operation. No licensee or licensor's agents or employees shall perform or offer to perform massage or massage therapy between the hours of 10:00 p.m. and 6:00 a.m. of the following day. 5.28.100 Unlawful acts. It shall be unlawful for any licensee or employee of any massage establishment: A. To permit any person under the age of eighteen years to come in or remain on the premises of any massage establishment as a patron without approval of the parent or legal guardian of such minor person. B. To sell, give, dispense, or provide, cause or knowingly permit to be sold, given, dispensed, or provided, any alcoholic beverage or liquor to any Ordinance - Page 10 dsc chbbck08.121 massage patron in conjunction with the performance of massage or offering a massage. C. To knowingly cause, allow, permit, or engage in any acts prohibited by law while at the location listed in the licensee's application, or in conjunction with the performance of massage or the offering of services as a massage therapist. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. Ordinance - Page 11 dsc chbbck08.121 PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 8th. day of SEPTEMBER , 1992. ATTEST: CITY CLERK Ordinance - Page 12 dsc chbbck0$.121 SUMMARY OF ORDINANCE NO. 383 An ordinance of the City of Chubbuck, a municipal corporation, State of Idaho, enacting Chapter 5.28 "Massage Therapy", providing for definitions of entities covered by the ordinance, a massage therapy; providing for the requirement of a license and exceptions to the license requirement; providing for additional information required on the license including experience, criminal history, minimum education or certification requirements and authorizing state and national criminal history checks; providing for transfers of licenses; providing for a means and matter and grounds upon which a license may be denied or revoked; providing operation and sanitary requirements for establishments, including requirements for the physical facilities, cleaning and maintenance and the operators and personnel of the establishment; providing for inspections by the City; providing for hours of operation; providing certain acts that are unlawful within a massage establishment; providing for the administrative provisions, including the repeal of conflicting ordinances, the severability of the provisions of this ordinance and providing for the rule requiring an Ordinance to be read on three separate occasions to be dispensed with and providing that this ordinance will be effective upon its passage, approval and publication as provided by law. A full text of this ordinance is available at the City Clerk's office, Chubbuck City offices, 5160 Yellowstone, Chubbuck, Idaho 83202. SUMMARY O~ ORDINANCE NO. 383 - Page 1 dsc chbbck10.121 I have reviewed the foregoing summary and believe it provides a true and complete summary of Ordinance No. 383 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this t k~ day of October, 1992. -~ Thomas J. H~m.rs Chubbuck City A~orney SUMMARY OF ORDINANCE NO. 3&3 - Page 2 dsc chbbck10.121