Ord 3185 5/3/1977 ORDINANCE NO. 3185
AN ORDINANCE REGULATING MASSAGE ESTABLISHMENTS.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
SECTION 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 compen-
sation from the operator of the business or patrons.
(b) Licensee. The person to whom a license has been
issued to own or operate a massage establishment as defined
herein.
(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 elec-
trical apparatus or appliances with or without such supplemen-
tary 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 whom the treatment is provided or some third person
on his or her behalf will pay money or give any other consid-
eration or any gratuity therefor.
(d) Massage Establishment. Any establishment having
a source of income or compensation derived from the prac-
tice 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) .
(e) Massagist, Masseur or Masseuse. Any person who, for
any consideration 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 carry on massages at a location
designated by the customer or client rather than at a massage
establishment as defined in Subsection (c) .
(g) Patron. 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.
(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 company, corporation or combination of individuals
of whatever form or character.
(j) Sexual or Genital Area. Genitals, pubic area, anus,
or perineum of any person, or the vulva or breasts of a fe-
male.
SECTION 2. Permit required.
(a) Business license required. 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) Massagist' s permit required. No person shall prac-
tice 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 3. Exemptions.
This ordinance shall not apply to the following indivi-
duals while engaged in the personal performance of the duties
of their respective professions, nor to the following organ-
izations and their employees:
(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.
(d) Non-profit corporations chartered by the State of
Texas.
(e) Educational institutions which are supported by State
or local taxes, or which are approved under the Texas Proprie-
tary School Act or any other law of the State of Texas, or
which are owned and operated by religious institutions exempt
from property taxation under the laws of Texas.
SECTION 4. 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 massagist, employee or patron,
unless such =:(c))1/11 is on the premises on lawful business, or
unless such is accompanied by parent or guardian.
SECTION 5. 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 Clerk upon a form provided by the City
Clerk and pay a nonrefundable annual license fee, which shall
be $100. 00 per year or any part thereof. Licensees 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 application, once accepted, shall be referred to the
Director of the City-County Health Unit for investigation.
Copies of the application shall within five (5) days also be
referred to the Building Inspection Department, the Fire
Marshall, and the Police 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
- 2
f
the codes of the City that they administer. 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 resi-
dence addresses of each of the officers and directors of
said corporation and of each stockholder owning more than
ten percent (10%) of the stock of the corporation, and the
address of the corporation itself, if different from the ad-
dress of the corporation itself, if different from the ad-
dress of the massage establishment.
(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 applicant' s 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. If the applicant is a
corporation, one portrait photograph at least two (2) in-
ches by two (2) inches of all officers and managing agents
of said corporation. 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.
(i) Business, occupation, or employment of the appli-
cant for the three (3) years immediately preceding the date
of application.
(j) The massage or similar business license history
of the applicant; 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 violations, including the dates of convictions, nature
of the crimes and place convicted.
(1) The name and address of each massagist who is or will
be employed in said establishment.
(m) The name and address of any massage business
or other establishment owned or operated by any person whose
- 3 -
r
name is required to be given in Subsection (c) wherein the
business or profession of massage is carried on.
(n) A description of any other business to be operated
on the same premises or on adjoining premises owned or con-
trolled by the applicant.
(o) 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 quali-
fications of the applicant for the permit.
(p) Such other identification and information neces-
sary to discover the truth of the matters hereinbefore
specified as required to be set forth in the application.
(q) The names, current addresses and written statements
of at least three (3) bona fide 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
from residents of the City, then the County, then the State
of Texas and lastly from the rest of the United States. These
references 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 investiga-
tions. 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.
Upon termination of a license at the expiration of
a year, the licensee may apply in writing for a renewal
thereof by stating any changes made in any data given in
his original application, and stating that all other data
given therein is unchanged.
The applicant shall be required to pass a written
examination covering this ordinance, given under the direc-
tion of the Director of the Health Unit.
SECTION 6. 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 $25. 00 per
year or part thereof. Massagists who have already paid the
permit fee for the current [six (6) month] period shall not
be required to pay an additional fee hereunder. The applica-
tion 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, nick-
names and aliases by which the applicant has been known,
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.
that the a
(e) Written evidence th 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.
- 4
r
(g) 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.
(h) The massage or similar business history and ex-
perience 10 years prior to the date of application, includ-
ing but not limited to whether or not such person in pre-
viously operating in this or another City or State under
license or permit has had such license or permit denied, re-
voked, or suspended and the reasons therefor, and the business
activities or occupations subsequent to such action of
denial, suspension or revocation.
(i) The names, current addresses and written state-
ments of at least five 0) bona fide 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.
(j) A medical certificate signed by a physician,
licensed to practice in the State of Texas, within seven
(7) days of the date of the application. The certificate
shall state that the applicant was examined by the certifying
physician and that the applicant is free of communicable
disease. The additional information required by this Sub-
section shall be provided at the applicant' s expense.
(k) Such other information, identification and phy-
sical examination of the person deemed necessary by the
Director of Health Unit in order to discover the truth of
the matters hereinbefore required to be set forth in the
application.
(1) 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.
(m) Written declaration by the applicant, under pen-
alty of perjury, that the foregoing information contained
in the application is true and correct, said declaration
being duly dated and signed in the City.
Upon termination of a permit at the expiration of a
year, the permitee may apply in writing for a renewal thereof
by stating any changes made in any data given in his ori-
ginal application, and stating that all other data given there-
in is unchanged.
The applicant shall be required to pass a written ex-
amination covering this ordinance, given under the direction
of the Director of the Health Unit.
SECTION 7. 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, after
approval by the Director of Health Unit, if all require-
ments for a massage establishment 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.
- 5 -
(b) The operation, as proposed by the applicant, if per-
mitted, would not comply with all applicable laws, including,
but not limited to, the City' s building, and health regula-
tions.
(c) The applicant, if an individual; or any of the stock-
holders 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
equipment 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 without the State of Texas that would have
constituted 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, dangerous drugs
or dangerous weapons that amounts to a felony.
The City 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 it finds that such conviction
occurred at least five (5) years prior to the date of the ap-
plication and the applicant has had no subsequent felony
convictions of any nature and no subsequent misdemeanor con-
victions for crime mentioned in this Section.
(d) The applicant has knowingly made any false, misleading,
or fraudulent statement of fact in the permit application or
in any document required by the City in conjunction therewith.
(e) 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 with-
in five (5) years prior to the date of the application.
(f) The applicant, if an individual, or 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; and the manager or other person
principally in charge of the operation of the business, is
not over the age of eighteen (18) years.
SECTION 8. Approval or Denial of Application.
The Director of the Health Unit shall act to approve or
deny an application for a license or permit under this
ordinance within a reasonable period of time and in no event
shall the Director of Health Unit act to approve or deny
said license or permit later than 90 days from the date that
said application was accepted by the City Clerk. Every
license or permit issued pursuant to this ordinance will
terminate at the expiration of one year from the date of
its issuance unless sooner suspended or revoked.
SECTION 9. Multiple Massage Establishments.
Should any massage business have more than one location
where the business of massage is pursued, a separate license
shall be required for each additional location. Each such
additional license shall have a license fee of $50. 00,
shall state both the address of the principal place of
business and of the additional location, and shall terminate
on the same date as the license for the principal place of
business.
- 6 -
SECTION 10. Posting of License.
(a) Every massagist shall post the permit required by
this ordinance in his work area.
(b) Every person, corporation, partnership, or associa-
tion licensed under this ordinance shall display such license
in a prominent place.
SECTION 11. 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 during regular
business hours.
SECTION 12. Revocation or Suspension of License.
Any license issued for a massage establishment may be
revoked or suspended by the Director of Health Unit 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 busi-
ness and the licensee has actual or constructive knowledge
by due diligence. Such license may also be revoked or suspended
by the Director of Health Unit after notice and hearing, if
such business is being managed, conducted or maintained with-
out regard to proper sanitation and hygiene. A licensee may
appeal from an order of suspension or revocation by giving
written notice to the City Manager within ten days of such
order. The City Manager shall hold a hearing, and either
affirm or reverse the order of the Director of Health Unit.
SECTION 13. Revocation of Masseur or Masseuse Permit.
A masseur or masseuse permit 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 application, has made a false statement on
an application for a permit, or has committed an act in violation
of this Ordinance. Such revocation proceedings shall be
conducted by the Director of Health Unit after notice and hearing
and an appeal may be had to the City Manager as in Section 12.
SECTION 14. Facilities Necessary.
No license to conduct a massage establishment shall be
issued unless an inspection by the City 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 City Building Code. Plumbing fixtures shall be
installed in accordance with the City Plumbing Code.
(1) Steam rooms and shower compartments shall have
waterproof floors, walls and ceilings approved by the Chief
Building Inspector.
- 7 -
(2) Floors of wet and dry heat rooms shall be ade-
quately 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 water must be available within the
immediate vicinity of dry and wet heat rooms to facilitate
cleaning.
(b) The premises shall have adequate equipment for dis-
infecting 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 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 loca-
tions. When employees and patrons of different sexes are on
the premises at the same time separate toilet facilities shall
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
substituted for water closets after one water closet has been
provided. Toilets shall be designated as to the sex accommo-
dated therein.
(e) Lavatories or washbasins provided with both hot and
cold running water shall be installed in either the tcDilet
room or a vestibule. Lavatories or washbasins shall be pro-
vided with soap and a dispenser and with sanitary towels.
(f) All electrical equipment shall be installed in
accordance with the requirements of the City Electrical Code.
SECTION 15. Operating Requirements.
(a) Every portion of the massage establishment, including
appliances and apparatus, 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 our garments,
covering the sexual and genital areas, whose use is restricted
to the massage establishment. Masseurs shall wear slacks
and shirt; masseuses shall wear dress or slacks and blouse.
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 advertise-
ment, picture, or statement which is known or through the
exercise of reasonable care should be known to be false, de-
- 8 -
L
ceptive or misleading in order to induce any person to purchase
or utilize any professional massage services.
SECTION 16. 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 busi-
ness.
SECTION 17. 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 18. 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 19. Inspection Required.
The Director of the Health Unit or his authorized repre-
sentatives, and the Chief of Police or his authorized represen-
tatives 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 official access to the premises or hinder such official
in any manner.
SECTION 20. Unlawful Acts.
(a) Treatment of persons of opposite sex restricted.
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 officials
pursuant to Section 19. The requirements of this Subsection
shall not apply to treatments given in the office of a li-
censed physician, osteopath or registered physical therapist,
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 or genital part of any other person. Sexual
or genital parts shall include the genitals, pubic area, anus,
or perineum of any person, or the vulva or breasts of a female.
(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 person of the opposite sex. 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 other person.
(d) It shall be unlawful for any person, while in the
presence of any other person of the opposite sex in a massage
parlor, to fail to conceal with a fully opaque covering, the
sexual or genital parts of his or her body.
- 9 -
•
. i .
(e) It shall be unlawful for any person owning, operating
or managing a massage parlor, knowingly to cause, allow or per-
mit in or about such massage parlor, any agent, employee, or
any other person under his control or supervision to perform
such acts prohibited in Subsections (a) , (b) or (c) of this
Section.
(f) It shall be further unlawful for any permittee under
this ordinance to administer massage on an outcall basis as
defined in Section 1 (f) . Such person shall administer mas-
sage solely within an establishment licensed to carry on such
business under this ordinance. Any violation of these pro-
visions 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 as de-
fined herein upon a customer or client who, because of reasons
of physical defects or incapacities or due to illness is physic-
ally 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 employee
administering such treatment and the type of treatment adminis-
tered, as well as the nature of the physical defect, inca-
pacity or illness of said client or customer shall be kept
by the licensee or person or employee designated by the licensee.
Such records shall be open to inspection by the Director of
Health Unit or his representative. The information furnished or
secured as a result of any such inspection shall be confi-
dential.
(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 6 inches by 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
of 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 21. Sale or Transfer or Change of Location.
Upon sale, transfer or relocation of a massage establish-
ment, the license therefor shall be null and void, provided,
however, that upon the death of the licensee of the massage
establishment, any heir or devisee of the deceased licensee,
or any guardian of an heir or devisee of the deceased 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 application for a new license.
SECTION 22. 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.
- 10 -
r-
i
r
SECTION 23. Transfer of License or Permit.
No license or permit shall be transferable.
SECTION 24. Violation and Penalty.
Every person except those persons who are specifically
exempted by this ordinance, whether acting as an individual
owner, employee of the owner, operator or employee of the
operator, or whether acting as a mere agent or independent
contractor for the owner, employee or operator, or acting
as a participant or worker in any way directly or indirectly
who gives massages or operates a massage establishment or
any of the services defined in this ordinance without first
obtaining a license or permit and paying a fee to do so from
the City or shall violate any provisions of this Ordinance
shall be guilty of a misdemeanor and upon conviction such
person shall be punished by a fine not to exceed $200. 00.
SECTION 25. Separability.
(a) If any section, subsection, sentence, clause, phrase
or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and inde-
pendent provision and such holding shall not affect the vali-
dity of the remaining portions thereof.
(b) All ordinances in conflict herewith are hereby
repealed.
(c) This ordinance shall be in full force and effect
30 days after its passage, provided, however, any person,
partnership, corporation or association engaged in the
operation of a massage business and every person engaged
in the business or profession of massage, at the time of the
enactment of this ordinance shall have (60) days in which to
comply with the licensing provisions of this ordinance.
PASSED AND APPROVED this the J4/ day of ,
1977.
A O R
ATTEST:
■-...."/ ,
City Clerk
- 11 -
t ) ' ti
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
(Paste Clipping Here)
On this , 23rd day of August
A.D. 1977 « personally appeared before me, the undersigned authority
i,oy L. heaves , bookkeeper
for the Times Publishing Company of Wichita Falls, publishers of the
Wichita Falls Record News, a newspaper published at Wichita Falls in
Wichita County. Texas, and upon being duly sworn by me, on oath states
that the attached,advertisement is a true and correct copy of advertising
published in One (1) issues thereof on the following
dates:
August 18 1977
•
Bookkee I-r for Times Publishing Company
of Wichita Falls
Subscribed and sworn to before me this the day and year first above
(SEAL) written.
rdon C. Walker, Jr., Notary Public
in & for Wichita County, Texas
( 1/ . aaua.n person s accompanies _. ••^•••••°••r, ac ,eyu,rea Ter earn aaamonal empenser ana wit
by parent or guardian. and date of birth. location. Each such additional wets.
SECTION 5. Application for (d) Applicant's weight, height, license shall have a license fee of (f)All electrical e
Massage Establishment License. color of hair and eyes,and sex. $50.00, shall state both the ad be installed in ac
Every applicant for a license,to (e) Written evidence thbt the dress of the principal place of the requiremehe
• ��� maintain,operate,or conduct a applicant is at least eighteen(18) business and of the additional lo- Electrical Code.
massage establishment shall file Years of'age. cation,and shall terminate on the SECTION 15. O
an application under oath with (f)A complete statement of all same date as the license for the quirements.
the City Clerk upon a form pro- convictions of the applicant for principal place of business. (a)Every portlore
vided by the City Clerk and pay a any felony or misdemeanor or SECTION 10.Posting of License. establishment, in
Place Your nonrefundable annual license violatlonofa local ordinance,ex- (a) Every massagist shall post cancel and appal
fee, which shall
be $100.00 per cept misdemeanor traffic viola- the permit required by this ordi- kept clean and
year or any part thereof.Licen- lions• Hance in his work area. sanitary condition;
sees who have already paid the (9) Two front-face portrait (b) Every person, corporation, (b) Price rates ft
Ad license fee for the currentsix(6) P otographs taken within thirty partnership, or association shall be prominet
month period shall not be re- (30)days of the date of epplica- licensed under this ordinance the reception area
quired to pay an additional fee tion and at least two(2)inches by shall display such license in a available to all pe
hereunder.The application,once two(2)inches in size. prominent place. tourers.
accepted,shalt be referred tothe (h)The massage or similar busi- SECTION 11. Register of (c) All employe
®�1 A�! Director of the City-County ness history and experience 10 Employees. masseurs and me
11��/� Health Unit for Investigation. years prior to the date of applica- The licensee or person desig- be clean and we
Copies of the application shall Lion Including but not limited to naiad by the licensee of a mas- transparent outer
within five(5)days also be refer- whether or not such person in sage establishment shall main- ering the sexual
-- — red to the Building Inspection previously operating in this or fain a register of all persons areas,whose use I
Department,the Fire Marshall, another City or State under employed at any time as mas- the massage es
and the Police Department.The license or permit has had such seurs or masseuses and their Masseurs shall we
departments shall within thirty license orpermit denied,revoked permit numbers. Such register shirt; masseuse
(30)days inspect the premises or suspended and the reasons shall be available at the massage dress or slacks i
proposed to be operated as a therefor, and the business ac- establishment to representatives separate dressing
massage establishment and shall tivities or occupations sub- of the City during regular bust- sex must be ava
•
make written verification to the Sequent to such action of denial, ness hours. premises with Indt
City Clerk concerning corn- suspension or revocation. SECTION 12.Revocation or Sus- for each employee,
pliance with the codes of the City (i)The names,current addresses pension of License. dressing rooms s
that they administer. Each ap- and written statements of at least Any license issued for a massage ward and shall be
shall contain the follow- five(5)bona fide permanent re- establishment may be revoked or (d)All massage e
PUBLIC NOTICES ing information: sldents other than relatives, of suspended by the Director of shall be provider
(a)A definition of service to be the United States that the applic- Health Unit after notice and a laundered sheets j
provided. ant is of good moral character.If hearing,for good cause,or in any sufficient quantity
(b)The location,mailing address the applicant is able,the state- case where any of the provisions laundered after ea
2—Monuments, and all telephone numbers where ment must first be furnished of this Ordinance are violated or and stored in a sanj
Cemetery Lots the business is to be conducted. from residents of the City,then where any employee of the licen- (e) No massage I
(c)The name and residence ad- the County, then the State of see,Including a masseur or mas- granted a license
THREE space plot Garden Of Medita- dress of each applicant Texas and lastly from the rest of seure is engaged in any conduct visions of this Or
Lion,Crestview Memorial Park.692- (hereinafter all provisions which the United States. which violates any of the State or Place, publish or
2165 After Sunday. refer to applicant include an (I)A medical certificate signed local laws or ordinances at liven cause to be placed
applicant which may be a corpo- by a physician,licensed to prat- see's place of business and the distributed any a
ration or partnership). Lice in the State of Texas,within licensee has actual or construe- picture,or staten
(1)If applicant is a corporation, seven(7)days of the date of the five knowledge by due diligence. known or through e
3—Legal Notices the names and residence addres- application.The certificate shall Such license may also be revoked reasonable care shr
ORDINANCE NO.3185 ses of each of the officers and di- state that the applicant was or suspended by the Director of to be false,decepth ORDINANCE REGULAT- rectors of said corporation and of examined by the certifying Health Unit after notice and ing in order toindu`
I NG MASSAGE ESTABLISH- each stockholder owning more physician and that the applicant hearing,if such business is being to purchase or With
MENTS. than ten percent (10%) of the is free of communicable disease. managed, conducted or main- sional massage sell
BE IT ORDAINED BY THE stock of the corporation,and the The additional information re- tained with out regard to proper SECTION 16. Aid
BOARD OF ALDERMEN OF address of the corporation itself, quired by this Subsection shall be sanitation and hygiene.A licen. ages Prohibited. .?
THE CITY OF WICHITA if different from the address of provided at the applicant's ex- see may appeal from an order of No person shall st
FALLS,TEXAS,THAT: • the corporation itself,if different pease- suspension or revocation by giv- pense,provide or S
SECTION 1.Definitions. from the address of the massage (k)Such other Information,iden- ing written notice to the City to be sold,given,d
For the purpose of this ordi- establishment. tlficationand physical examine- Manager within ten days of such vided or kept,any
nance,the following words and (2)If applicant is a partnership, non of the person deemed neces- order. The City Manager shall verage on the pre'
phrases shall have the meanings the names and residence addres- sary by the Director of Health hold a hearing,and either affirm massage business.
respectively ascribed to them by ses of each of the partners includ- Unit in order to discover the truth or reverse the order of the Direc- SECTION.17.Hour
this section. ing limited partners,and the ad- of the matters hereinbefore re- tor of Health Unit. No massage bush
(a) Employee.Any person over dress of the partnership itself,if quired to be set forth in the appli- SECTION 13.Revocation of Mas- kept open for any
eighteen(18)years of age,other different from the address of the cation. seur or Masseuse Permit. weep the hours of It
than a massagist, who renders massage establishment.- (I)Authorization for the City,its A masseur or masseuse permit 8:00 A.M.
any service in connection with (d)The two(2)previous addres- agents and employees to seek in- shall be revoked or suspended SECTION 18. Ern
the operation of a massage busi- ses immediately prior to the pre- formation and conduct an Imes- where it appears that the mas- Massagist.
ness and receives compensation sent address of the applicant. tigation into the truth of the sear or masseuse has been con- No person shallemp
from the operator of the business (e)Proof that the applicant is at statements set forth in the appli- victed of any offense which would sagist any person
or patrons. least eighteen(18)years of age. cation and the qualifications of be cause for denial of a permit employee has obtair
(b) Licensee. The person to (f) Individual or partnership the applicant for the permit upon an original application,has effect permit issue
whom a license has been issued to applicant's height,weight,color (m) Written declaration by the made a false statement on an ap- •this ordinance.
own or operate a massage estab- of eyes and hair,and sex. applicant,under penalty of per- plication for a permit,or has SECTION 19. Ins
lishment as defined herein. (g)Copy of identification such as fury,that the foregoing informa- committed an act in violation of quired.
(c) Massage. Any method of driver's license and social sec- tion contained in the application this Ordinance.Such revocation The Director of the l
pressure on or friction against or urity card. is true and correct,said declare- proceedings shall be conducted his authorized rep
stroking, kneading, rubbing, (h) One portrait photograph of tion being duly dated and signed by the director of Health Unit .and the Chief of Pol
tapping,pounding,vibrating,or the applicant at least two(2)in- in the city after notice and hearing and an thorized,represent
stimulating of the external parts ches by two (2) inches. If the Upon termination of a permit at appeal may be had to the City from time to time i
of the human body with the hands applicant is a corporation, one the expiration of a year,the per- Manager as in Section 12. tion of each massag
or with the aid of any mechanical portrait photograph at least two mittee may apply in writing for a SECTION 14. Facilities Neces- tablishment for the
electrical apparatus or (2)inches by two(2)inches of all renewal thereof by stating any sary. determining that tt
appliances with or without such officers and managing agents of changes made in any data given Nonsense to conduct a massage of this ordinance al
supplementary aids as rubbing said corporation.If the applicant in his original application, and establishment shall be issued un- plied with.It shall Ix
alcohol, liniments, antiseptics, is a partnership,one front-face stating that all other data given less an inspection by the City re- any permittee to f
oils, powder, creams, lotions, Portrait photograph at least two therein is unchanged. veals that the establishment such inspection offir
ointment or other such similar (2) inches by two (2) inches in The applicant shall be required to complies with each of the follow the premises or him
preparations commonly used in size of each partner,including a pass a written examination coy- ing minimum requirements:(a) vial in any manner,
the practice of massage, under limited partner in said partner- ering this ordinance,given under Construction of rooms used for SECTION 20.Unlav
such circumstances that it is ship. the direction of the Director of toilets, tubs, steam baths and (a)Treatment of pt
reasonably expected that the (I) Business, occupation, or the Health Unit. showers shall be made water- Posite sex restrictet
Person to whom the treatment is employment of the applicant for SECTION 7.Issuance of License proof with approved water- Unlawful for any per
provided or some third person on the three(3)years immediately or Permit for a Massage Estab• proofed materials and shall be permit under this se
his or her behalf will pay money preceding the date of application. lishment• installed in accordance with the a person of the oppi
or give any other consideration (i)The massage or similar busi- The City Clerk shall issue a City Building Code. Plumbing cept upon the signe
or any gratuity therefor. ness license history of the applic- license for a massage establish- fixtures shall be installed in ac- licensed physician
(d)Massage Establishment.Any ant;whether such person,in pre- mentora permit fora masseur of cordance with the City Plumbing chiropractor,or regf
establishment having a source of viously operating of this or masseuse,after approval by the Code. ical therapist,whicl
income or compensation derived another City or State has had a Director of Health Unit,If all re- (1) Steam rooms and shower be dated and shall`
from the practice of massage as business license revoked or sus- quirements for a massage estab- compartments shall have water- state the number of
defined in Subsection (c), and pended,the reason therefor,and lishment or massagist permit de- proof floors, walls and ceilings not to exceed ten(1
which has a fixed place of busi- the business activity or occupa- scribed in this ordinance are met approved by the Chief Building and hour of each tret
ness where any person,firm,as tion subsequent to such action of unless he finds: Inspector. (2)Floors of wet and and the name of II
sociation or corporation engages suspension or revocation. (a)The correct permit or license dry heat rooms shall be shall be entered on$
in or carries on any of the ac- (k) All criminal convictions fee has not been tendered to the adequately pitched to one or the establishments
tivities as defined in Subsection other than misdemeanor traffic City,and,in the case of a check, more floor drains properly con- treatments are give(
(c). violations,including the dates of or bank draft,honored with pay- netted to the sewer.(Exception: subject to Inspection