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ORDINANCE NO. 1588 .. ,'
AN ORDINANCE OF THE CITY OF CLEARWATER FLORIDA
AMENDING CHAPTER 13, LICENSES AND REGULATIONS,
OF THE CODE OF ORDINANCES OF THE CITY OF CLEAR-
WATER, FLORIDA, 1962, TO AMEND SECTION 13..160 SCHEDULE ?
OF FEES, TO ENACT CATEGORIES TO COVER BATH
TECHNICIANS, MASSAGE TECHNICIANS AND MASSAGE
PARLOR; TO ENACT A NEW ARTICLE X ENTITLED w "' W
"MASSAGE PARLORS AND BATHHOUSES"; PROVIDING FOR
THE SECURING OF PERMITS; PROVIDING FOR MINIMUM ; -?-•-`'; '
STANDARDS; PROVIDING FOR INVESTIGATION OF THE
PREMISES; PROVIDING FOR LICENSING OF MASSAGE AND
"•`' ' - = - '
BATH TECHNICIANS PROVIDING FOR CERTAIN UNLAWFUL
ACTS; PROVIDING FOR REGULATION OF MASSAGE PARLORS ,;i;tr.?t sk'i'i:liy,4^%•??, Y{;,Y',ri,,
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BATHHOUSES, MASSAGE AND BATH TECHNICIANS, EMPLOYEES r
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AND PATRONS; PROVIDING FOR APPEALS TO CITY COMMISSION;
PROVIDING FOR TEMPORARY EXCEPTIONS TO COMPLIANCE
HEREWITH; PROVIDING A PENALTY FOR FAILURE TO ' ?A'=4'??`"
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COMPLY HEREWITH; PROVIDING FOR REPEAL OF ORDINANCES ;
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE
EXTENT OF SUCH CONFLICT; PROVIDING FOR THE
SEPARABILITY OF THE PROVISIONS HEREOF; PROVIDING ;?.
FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND
PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. i
WHEREAS, a need exists to regulate massage parlors and bathhouses
in order to reduce the risk of the growth and spread of communicable diseases
within the City; and
WHEREAS, the City Commission of the City of Clearwater, Florida,
has made a determination, in the nature of a legislative finding, that unregulated
massage parlors and bathhouses are generally operated in such a fashion so
as to constitute a public nuisance detrimental to the health, safety and welfare
of the community;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA;
Section 1. Section 13..16, Schedule of Fees, of Chapter 13, Licenses
and Regulations, of the Code of Ordinances of the City of Clearwater, Florida,
1962, is hereby amended by repealing Categories (32) and {120) and enacting
new Categories (32), (119. 1) and (1Z0) to read as follows:
Section 1316. Schedule of Fees.
(32) Baths, Turkish, Russian, Vapor, Mineral, etc.
Bath Technician, each $25.00
(119. 1) Massage (See Note F) Masseur or masseuse, each 25.00
Massage technician, each 25.00
(1ZO) Massage Parlor
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Section 2. Chapter 13, Licenses and Regulations, of the Code of
Ordinances of the City of Clearwater, Florida, 1962, is hereby amended to
to read as follows;
Massage Parlors and Bathhouses
enact a now Article X
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Article X, Massage Parlors and Bathhouses. ``'?,'.` .•`
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Section 13-181, Definitions. "- :` •?
For the purposes of this Article, the following words and
phrases shall have the meaning assigned below:
(1)Bath means any method of washing or cleansing of the structure
of the human body, or any external part thereof, with water or : •.. E;;>.z ,- ?; . % `; 'Q? :r, '
other liquid, vapor or steam, including but not limited to steam
zooms, cabinet baths, sauna baths, Sitz bathe, colon irrigations :4'r, 4?3 .3 R
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showers and baths of all kinds. •
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(2) Bathhouse means any establishment having a fixed place of business
where baths are administered or where any person engages in or
carries on, or permits to be engaged in or carried on, any or all
of the activities mentioned in Section 13-181 (1); provided that
nothing herein contained shall be construed to include a duly licensed
hospital, nursing home, medical clinic, physician, surgeon,
physical therapist, chiropractor, osteopath, naturopath, podiatrist,
or persons holding a drugless practitioner's certificate under
the laws of this State. Furthermore, this definition shall exclude
from its operation barber shops or beauty salons (i. e. , duly
licensed barbers or cosmetologists) in which baths are administered
only to the scalp, the face, the neck or the shoulders.
(3) Bath Technician means any person who for any consideration
whatsoever administeres a bath to another person at a bathhouse.
(4) Co-owner means any and all persons listed by an applicant
pursuant to Section 13183 (1) (f) of this Article.
(5)EM2loy_qe means any person, other than a massage or bath
technician, who renders any service to a patron in connection
with the operation of a massage parlor or bathhouse and who
receives compensation directly or indirectly from the operation
or owner of the massage parlor or bathhouse and/or its patrons.
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(b)Massage means any method of pressure on or friction against
or stroking, kneading, rubbing, tapping, pounding, vibrating or
stimulating of the structure of the human body or external parts
of the human body with the human hand or with the aid of any
instrument or mechanical or electrical apparatus whether or
not applied with such substances or supplementary aids as
rubbing alcohol, liniment, antiseptics, oils, powders, creams,
lotions, ointments or other similar preparations or substances.
(7) Massage Parlor means any establishment having a fixed place
of business where massages are administered or where any
person engages in or carries on, or permits to be engaged in or
carried on, any or all of the activities mentioned in Section
13-181 (b); provided, however, that nothing herein contained shall
be construed to include a duly licensed hospital, nursing home,
medical clinic, or duly licensed physician, surgeon, physical
therapist, chiropractor, osteopath, naturopath, podiatrist, or
persons holding a drugless practitioner's certificate under the
laws of this State. Furthermore, this definition shall exclude
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from its operation barber shops or beauty salons (i. e. , duly
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licensed barbers or cosmetologists) in which massages are i, ;'SEv,;.#
administered only to the scalp, the face, the neck or the shoulders,
(8)Massage Technician means any person who for any consideration ? ..
whatsoever administers a massage to another person at a massage i ,
parlor.
(9)Patron means any person who receives a massage or bath at a
massage parlor or bathhouse, as applicable, under such cir•.
cumstances that it is reasonably expected that he or she will pay
money or give other consideration thereof,
(10) Person means any individual co-partnership, firm association y•..
` joint stock company, corporation or any combination of persons
' of whatever form or character.
C.a`at?'f h 1.•?g:5 MS??'{d?'r.j•2,.??.4 j?•'
µk`' 11 Recognized School means an school or institution of learning
which has for its purpose, or among its chief purposes, the r?r;rW;?Y
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teaching of the theory, method profession, or work of massage
' "w or bath, as applicable, provided that such recognized school .'` Yra
r 1 shall require a resident course of study of at least seventy (70)? ;a
hours before a student shall be entitled to receive a diploma or
certificate of graduation from such school or institution of
learning following the successful completion of such course of
study or learning, and provided further that such school shall
' have, prior to the issuance of the diploma or certificate, been
' approved pursuant to the governing regulations of the State in which i
zi> said school or institution is located.
(12) Transsexual Massage or Bath means the administration of
a massage or bath to a person of the opposite sex.
Section 13-182. Permits required; Conduct unlawful without permit.
(l)It shall be unlawful for any person to establish, maintain, operate
or conduct a massage parlor or bathhouse within the corporate
limits of the City of Clearwater, Florida, without a valid, non-
suspended permit issued to such person pursuant to the terms and
conditions of this Article,
(2) It shall be unlawful for any person to perform the services of a
massage or bath technician within the corporate limits of the City
of Clearwater, Florida, without (a) a valid, non-suspended public
health card issued to that person and (b) a valid, non-suspended
permit issued to such person pursuant to the terms and conditions
of this Article.
Section 13-183. Application for Massage Parlor or Bathhouse Permits.
(1)Any person desiring a permit to establish, maintain, operate
or conduct a massage parlor or bathhouse within the corporate
limits of the City of Clearwater, Florida, shall make application
therefor to the City's Occupational License Department on forms
prescribed by that department. Each massage parlor or bathhouse
shall require a separate application for permit. Each massage
parlor or bathhouse permit application shall be accompanied by
a non-refundable fee of Ten Dollars ($10.00) plus an additional
Twenty-five Dollars ($25. 00) for each massage or bath technician
employed at the massage parlor or bathhouse, as applicable,
payable in cash or by certified or cashier's check or money order
payable to the "City of Clearwater, Florida. " The following, in
addition to any other information which may be required by the
Licensing Department, shall be furnished by each applicant at
:the time of application:
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(a) name, address and telephone number of applicant;
(b) name, address and telphone number of the location
where the applicant will operate, maintain, establish
or conduct a massage parlor or bathhouse;
(c) written proof that the applicant is at least eighteen (18)
years of age;
(d) two front face portrait photographs of the applicant
at least 2" x 211, taken within thirty (30) days of date
of application;
(e) if a massage parlor, written proof that the massage
parlor has been and continues to be approved for
operation by the Florida Board of Massage;
(f) characterization of type of ownership of the business,
i. e. , whether individual, partnership, corporation,
or otherwise, and the name or names and addresses of
any and all co-owners;
(g) a complete list of the names and residence addresses
of all massage or bath technicians and employees of
the proposed massage parlor or bathhouse;
(h) an affidavit stating the business, occupation, profession
or employment history of the applicant for the three
(3) years immediately preceding the date of application;
(i) an affidavit stating the full history of any criminal
convictions, excluding misdemeanor traffic violations
of the applicant and of each co-owner.
Section 13-184. Investigation of premises and issuance of permit.
The License Inspector of the City of Clearwater, before issuing any
permit, shall investigate or cause an investigation to be made of
the premises named and described in the application for permit
under this Article for the purpose of determining whether the
massage parlor or bathhouse complies with the provisions of this
Article. If the License Inspector be fully satisfied from such
investigation that the massage parlor or bathhouse is in conformity
with the provisions of this Article, he shall, unless otherwise
prohibited by Section 13-192 of this Article, issue, within thirty
(30) days of the date of application therefor, a permit authorizing
the establishment, maintenance, operation and conduct of a massage
parlor or bathhouse, as applicable. Each permit issued pursuant
to this Article shall terminate, at the maximum, upon the expiration
of one (1) year from the date of its issuance, unless sooner suspended.
Section 13-185. Right of entry; suspension of permit - Effect
of order on operators, employees and patrons;
penalty.
(1)The License Inspector or his duly authorized representative is
hereby authorized to enter, examine and survey any premises for
which a permit has been issued pursuant to this Article, during
business hours, to enforce the provisions of this Article.
(2)If the License Inspector or his duly authorized representative
finds that a massage parlor or bathhouse, for which a permit was
issued pursuant to this Article, does not conform to the standards
set forth in Section 13-186 of this Article, or if the permittee, its
agents or employees, has refused or hampered the License
Inspector, or his duly authorized agent, the right to immediate
entry to the premises, the License Inspector shall issue a written
order for the immediate suspension of the permit until such time
as he finds that the reason for sued suspension no longer exists but,
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in any event, such suspension shall continue for at least three '?; ' .F°
(3) full days from the date of the order of suspension; for purposes
of computing the three (3) days of suspension hereunder the day
on which the suspension order is issued shall not be counted.
A copy of the order shall be hand delivered to the location of
the massage parlor or bathhouse and posted on the main entrance ..
to the promises and another copy of said order shall be served
on the permittee, or on any massage or bath technician or employee; ,
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said order shall set forth the reasons for such suspension. No ,
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person shall operate or assist in the operation of, nor patronize,
a massage parlor or bathhouse when subject to an order of suspension. :? ' 1 ?.:' .:,. ,' ; •,
Upon delivery of the order of suspension, the massage parlor or
bathhouse shall Immediately cease operations and shall not .. '=• r'
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resume operations except on written order of reinstatement by .
;a '''°'.';'?w'atz,:;: •;; .,. ;
the Liaense Inspector.
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Section 13-186. Minimum standards for massage parlors and bathhouses. i
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No massage parlor or bathhouse shall be operated, maintained,
established or conducted within the corporate limits of the City
of Clearwater unless said massage parlor or bathhouse shall comply
with the following:
(1)The premises shall have adequate equipment for disinfecting
and sterilizing non-disposable instruments and materials used
in administering massages or baths. Such non-disposable instruments
and materials shall be disinfected and sterilized after use on each
patron.
(2) Closed cabinets shall be provided and used for the storage of
clean linen, towels and other materials used in connection with
administering massages or baths. 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.
(3) Clean linen and towels shall be provided for each patron. No
common use of towels or linens shall be permitted.
(4)A11 massage parlor or bathhouse tables, bathtubs, shower stalls,
steam or bath areas and floors shall have surfaces which may be `
readily disinfected.
(5)Adequate bathing, dressing, locker and toilet facilities shall be
provided for the number of patrons to be served at any given time.
In the event female patrons are to be served simultaneously,
separate bathing, dressing, locker, toilet and massage room
facilities shall be provided. Separate toilet and lavatory
facil±ies shall be maintained for personnel. Doors to all dressing
rooms shall be self-closing.
(6)A11 walls, ceilings, floors, pools, showers, bathtubs, steam
rooms and all other physical facilities shall be in good repair
and maintained in a clean and sanitary condition. Wet and dry
heat rooms, steam or vapor roams, or steam or vapor cabinets,
shower compartments and toilet rooms shall be thoroughly cleaned
each.day the business is in operation. Bathtubs and showers
shall be thoroughly cleaned after each use. When carpeting is
used on the floors, it shall be kept dry.
(7) The premises shall be equipped with a service tank for
custodial services.
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(8) The eating of food or the consuming of alcoholic beverages in
the massage or bath work areas shall not be permitted.
(9)Abimals, except seeing-eye dogs, shall not be permitted
. In the massage or bath work areas.
(10)All employees and massage or bath technicians must wear clean
outer garments in the nature of a surgical gown.whose use shall
be restricted to the massage parlor or bathhouse, and in addition,
such employees and massage or bath technicians shall at all times
during normal working hours at the massage parlor or bathhouse,
conceal, with a fully opaque covering, the sexual or genital parts
of his or her body.
(11)All services enumerated in Sections 13-181 (1) and 13-181 (6)
of this Article must be rendered or carried on in one (1) work area
devoted to massages and another when applicable devoted to baths;
there shall be no separate or individual cubicles, rooms, booths
or areas set apart for private massages or baths except that,
in the event that male and female patrons are to be served
simultaneously, two (Z) separate work areas shall be set apart
for male and female patrons. No service enumerated in Sections
13-181 (1) and 13-181 (6) of this Article maybe rendered or carried
on in a work area in such a manner or condition that is not readily
visible at-all times from any place within the same work area.
(1Z) The sexual or genital parts of patrons must be covered at all
times by towels, cloths, robes, undergarments, swim trunks,
swimsuits, or other similar fully opaque materials while in the
presence of an employee or massage or bath technician.
Section 13-187. Massage and bath technicians, permits and health
requirements.
All persons who desire to perform the services of a massage
or bath technician at a massage parlor or bathhouse shall:
(1) Make application therefor to the Occupational License Department
of the City of Clearwater on forms prescribed by that department.
Each massage or bath technician permit application shall be
accompanied by a non-refundable fee of twenty-five dollars ($Z5. 00)
in cash or by certified or cashier's check or money order payable
to the "City of Clearwater, Florida. " In addition to any other
information which may be required by the Licensing Department,
the following shall accompany each application:
(a) written proof that the applicant is at least eighteen (18)
years of age;
(b) proof of graduation from a recognized school as defined in
Section 13-181 (11);
(c) copy of Pinellas County Health Certificate issued within the
thirty (30) days immediately preceding the date of application;
(d) sworn notarized affidavit stating the applicant'a full history
of any criminal convictions excluding misdemeanor traffic
violations;
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(e) two front face portrait photographs of the applicant, at
least Z" x 211, taken within the thirty (30) days preceding
the date of application;
(f) regarding massage technicians, proof that applicant has a
valid, non-suspended license, or other written authority to
practice, from the State of Florida. '
(Z)As an alternative to Section 13-187 (1) (c), all persons who
desire to perform the services of massage or bath technician
at a massage parlor or bathhouse, as applicable, shall first
undergo a physical examination for contagious and communicable
diseases, which shall include a recognized blood test for syphillis,
a culture for gonorrhea, a chest X-ray which is to be made and
interpreted by a trained radiologist acceptable to the Pinellas
County Health Department, and such other laboratory tests, done
in a laboratory acceptable to the Pinellas County Health Department,
as may be necessitated by the above examination, and shall, in
accordance with this section, furnish to the City Licensing
Department a certificate based upon and issued within thirty (30)
days of such examination, signed by a physician duly licensed by
the State of Florida and stating that the person examined is either
free from any contagious or communicable disease or incapable
of communicating any of such diseases to others.
(3)If the Licensing Inspector be fully satisfied that the massage or
bath technician application is in conformity with the provisions
of this Article, he shall, unless prohibited by Section 13-19Z of
this Article, issue, within thirty (30) days of the date of application
therefor, a permit authorizing the practice, by the massage or
bath technician, of his or her services within the corporate limits
of the City of Clearwater. Each permit issued pursuant to this
Article shall terminate, at the maximum, upon the expiration of
one (1) year from the date of its issuance unless sooner suspended.
Section 13-188. Advertising restrictions.
No massage parlor or bathhouse granted a permit under provisions
of this Article shall place, publish, or distribute or cause to be
placed, published, or distributed any advertising matter that depicts
any portion of the human body that would reasonably suggest to
prospective patrons that any service is available other than those
services as described in Sections 13-181 (1) and 13-181 (6) of this
Article, or that employees or massage or bath technicians are
dressed in any manner other than described in Section 13-186 (10)
of this Article, nor shall any massage parlor or bathhouse indicate
on the text of such advertising that any service is available other than
those servides described in Sections 13-181 (1) or 13'-181 (6),
Section 13-189. Daily register.
Every person who engages in or conducts a massage parlor or
bathhouse shall keep a daily register, approved as to form by the
Licensing Department of the City of Clearwater, of all patrons,
with names, addresses and hours of arrival, and, if applicable, the
work area assigned. Said daily register shall, at all times during
business hours, be subject to inspection by the Pinellas County Health
Department, by the Police Department of the City of Clearwater
and by the Licensing Department of the City of Clearwater and
shall be kept on file for one (1) year.
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Section 13-190. Transfers of permits prohibited. a• s ?
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No massage parlor, bathhouse, massage or bath technician
permit shall be transferable, separate or divisible, and such ;' : 4°`• ;; 4
authority as a permit confers shall be conferred only on the ° ?:. '.• ••r
permittee named therein.
Section 13-191. Massage parlors, bathhouses, and massage or
bath technicians - Unlawful acts.
(I) It shall be unlawful for an massage or bath technician employee,
patron, or other person in a massage parlor or bathhouse, 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 or bathe
a sexual or genital part of any massage or bath technician ;?
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employee, patron, or other person.
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(Z)It shall be unlawful for any massage or bath technician, employee,
patron, or other person in a massage parlor or bathhouse, to expose
his,.or her sexual or genital parts, or any portion thereof, to any
other massage or bath technician, employee, patron or other
person. It shall also be unlawful for any massage or bath
technician, employee, patron, or other person in a massage parlor
or bathhouse, to expose the sexual or genital parts, or any portion
thereof, of any other massage or bath technician, employee, patron
or other person.
(3)It shall be unlawful for any massage or bath technician, employee,
patron, or other person while in the presence of any massage or
bath technician, employee, patron or other person in a massage
parlor or bathhouse, to fail to conceal with a fully opaque covering,
the sexual or genital parts of his or her body.
(4)It shall be unlawful for any person owning, operating or managing
a massage parlor or bathhouse, knowingly to cause, allow, or
permit in or about such massage parlor or bathhouse, any agent,
employee, or any other person under his control or supervision
to perform such acts as are prohibited in subsections (1), (2) or
(3) of this section.
(5) It shall be unlawful for any massage or bath technician to render
any services described in Sections 13-181 (1) or 13-181 (6) at n+-
any location other than a duly licensed massage parlor or bathhouse..
(6) For the purposes of this section, the following words shall have
the meaning assigned below:
Sexual or genital parts shall include the genitals, ptibfja
area, buttocks, anus, or perineum of any person, or the
vulva or with regard to the breasts of a female, sexual part
shall refer to that portion of the breast below the top of the
nipple or the pigmented portion adjacent thereto, otherwise
defined as areola.
(7) Every person owning, operating or managing a massage parlor
or bathhouse shall post a copy of this ordinance in a conspicuous
place in the massage parlor or bathhouse so that it may be readily
seen by persons entering the premises. '
10-2•-75 T?
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Section 13-192. Denial of massage or bath business permit .i511. llwi r
upon certain findings.
The License Inspector shall not issue a massage parlor or bathhouse
massage or bath technician permit if he finds that;
(1) The correct permit fee has not been (a) tendered to the City, or
(b) in the case of a check or money order, honored with payment
upon presentation; or
(2)Regarding a massage parlor or bathhouse permit, the operation,
as proposed by the applicant, if permitted, would not comply with ;F':;' s k. •' ~^ .`c` ` 'µ i f
the provisions of this Article or
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3) The applicant, if an individual or any of the co-owners if the
applicant is not an individual has:``' 4
(a) been convicted of any felony involving fraud, deceit,
or an offense involving moral turpitude, unless such
conviction occurred at least three (3) years prior to the a fps
date of the application, or, has been convicted of any
offense involving sexual misconduct with minors, keeping
or residing in a house of ill fame, solicitation of a lewd or
unlawful act, prostitution or pandering, unless such con- j
viction has occurred at least three (3) years prior to
application for permit and applicant has had no subsequent
convictions;
(b) been convicted of any offense involving the use of or threat
to use force or violence upon the person of another.
For the purposes of this section "conviction" shall include but
not be limited to "withheld adjudication. "
(4) 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 herewith; or
(5) The applicant has had a massage or bath business, massage or
bath technician, or other similar permit or license denied,
revoked, or suspended for any of the above causes by the City or
any other state or local agency within five (5) years prior to the
date of application; or
(6) The applicant, if an individual, or any of the co-owners listed
pursuant to Section 13..183 (f), if the applicant is not an individual,
is not over the age of eighteen (18) years; or
(7) Regarding a massage parlor or bathhouse permit, the manager
or other person principally in charge of the operation of the
business, or, regarding a massage or bath technician permit,
has not successfully completed a resident course of study or learning
of not less than seventy (70) hours from a recognized school
where the theory, method, profession, or work of massage or
bath, as applicable, is taught.
The License Inspector, upon denying an applicant, shall state his
reasons in writing, specifying the particular grounds for such denial.
t'.
10--2-75 7.2
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Section 13-193. Notification of changes - Updating application,
information.
(1) Every massage parlor or bathhouse permittee shall report
immediately to the License Inspector any and all changes
of ownership or management of the massage or bath business,
including but not limited to changes of manager or other person
principally in charge, stockholders holding more than ten per cent
of the stock of the corporation, officers, directors and partners;
any and all changes of name, style or designation under which the
business is to be conducted; and any and all changes or transfers
of massage or bath technicians employed in the business whether
by new or renewed employment, discharge or termination, or
otherwise, and any changes in information required by Section
13- 163 of this Article.
(2) Every massage or bath technician shall report immediately
to the Licensing Inspector any and all changes of employment,
whether by new or renewed employment, discharge or termination,
or otherwise, giving the name and address of the former employer,
if any, and the name and address of the new employer, if any,
and any changes in the information provided under Section 13-187
of this Article.
Section 13..194. Appeals.
(1) Any applicant or permittee aggrieved by the actions of the
Licensing Inspector in the denial of an application for massage
parlor or bathhouse permit or massage or bath technician permit,
or in the decision of the Licensing Inspector with reference to
the revocation of a massage parlor or bathhouse permit or massage
or bath technician permit pursuant to this Article shall have the
right of appeal to the City Manager. Such appeal shall be taken
by filing with the City Clerk, within ten (10) days after the action
complained, a written statement setting forth fully the grounds for
such appeal. The City Clerk shall forthwith notify the City Manager
who shall schedule a public hearing and shall give notice of such
hearing to the appellant,
(2)The decision and order of the City Manager shall be final and
conclusive, unless the appellant, within ten (10) days following
notification of the decision and order of the City Manager, files a
written statement setting forth the grounds of appeal from the
decision or order of the City Manager with the City Clerk. Upon the
filing of such written statement, the City Clerk shall forthwith notify
the City Manager, who shall schedule a'public hearing before the City
Commission and shall give notice of such hearing to the appellant.
At such hearing the City Commission shall be entitled to consider
any exhibits and any minutes or a transcript of the hearing held
before the City Manager in addition to any other matter appellant
may wish to present relating to the grounds of appeal. The decision
and order of the City Commission on such further appeal shall be
final and conclusive.
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It shall be unlawful to engage in transsexual massages or baths
in any massage parlor or bathhouse licensed under the provisions
of this Article, except upon the signed order of a licensed physician,
osteopath or registered physical therapist, which order shall be
dated and shall specifically state the number of treatments, not to
exceed ten. The date and hour of each treatment given and the name
of the massage or bath technician shall be entered on such order by
the establishment where such treatments are given.
Section 13.195. Transsexual massages or baths prohibited.
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Section 13-196. Miscellaneous provisions relating to Chapter 13.
Except as otherwise provided in this Article, the rest of the provisions
of Chapter 13, City of Clearwater Code, relating to licenses shall
apply to massage parlors, bathhouses, massage or bath technicians
and employees.
Section 3. Any person, organization, society, association or
corporation, or any agent or representative thereof, who shall violate or
fail to comply with the provisions of this ordinance shall be subject, upon
conviction, to a fine not exceeding the sum of Five Hundred Dollars ($500, 00),
or imprisonment for not exceeding sixty (60) days, or by both such fine and
imprisonment in the discretion of the Judge. Each day any violation of the
provisions of this ordinance shall continue shall constitute a separate offense.
Section 4. Persons holding a valid, non-Suspended City of Clearwater
r?.
License under Section 13-16 (32), Clearwater Code, "Baths, Turkish, Russian,
Vapor, Mineral, etc. ", or a valid, non-suspended City of Clearwater License
under Section 13-16 (33), Clearwater Code, "Bathhouse", or a valid, non-
suspended City of Clearwater License under Section 13-16 (120), Clearwater
Code, "Massage" as Masseur or masseuse, shall not be required to comply
with this ordinance until thirty (30) days after final passage thereof.
Section 5. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 6. Should any part or provision of this ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect
the.validity of the ordinance as a whole, or any part thereof other than the
part declared to be invalid.
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been properly advertised in a newspaper of general circulation inµaccorLAU
ds
with Chapter 166. 041, Florida Statutes. ance
Secs 8 This ordinance shall become e
its pass ffective Immediately upon
fi age. '
T PASSED ON FIRST READING
September 18, 1975
PASSED ON SECOND AND FINAL r
READING AND ADOPTED
October z, 1975
Mayor..Comrniss'o er
Attest..
-c2
C' Clerk
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CLEAAWATER SUN
Published Dally
Clearwater, Pinellas County. Florida
STA'f1E of FLORIDA
Covw'Tv or PfwELLAIle
Beft±re the undersigned authority personally appeared W Paul Harris, who e0
oath says that he le the Business Manager of the Clearwater Sun, a dally newspaper
published at ClearwaUr in Pinellas County, Florida$ that the attached copy of
advertisement, being a ...Notice.,o ..Pr?Y4PR13.?r$..?r.4I?IRrtlaip.r} r.4?,..r.
rdina
......... Q.... fin e.......r ................................r. In the matter of
Ordinance„No,•,,1588......r......r.........r .............r....r.
In the Xx?iXxXx ............ XxXKX , , , , , ,, Court, was published In
said newspaper In the Issues of r . r 5 e ptp tnbe r 1 ?i , 9 7,5 . . ................ .
f .........................r.......,..r.......r..r........... ...,.....,...........r...
Affiant further says thug the sold Clearwater Sun Is a newspaper published at
Clearwater, In said Pinellas County, Florida. and that the said newspaper has
heretofore been continuously published In said Pinellas County, Florida, each day and
has been entered as second class mail matter at the post office in Clearwater, to said
Pinellas County. Florida, for a period Of aria Tear next pncedi Iirst publication of
the attached copy of advertisements and atilant further s h he has neither paid
not promised any person, firm or rnrporallon any discou a commi on or refund
for the purpose at r*cuting this advertisement for ea in th d newspaper.
•......... •. ...r......... r..
Sworn to and subscribed Depose me
this .......1. 6thday of Septemb . A.D. 1875
(81:AL} No asT ublic NOTARY PUDLIC, STATE of FLORIDA at LARGE
MY COM41IS510N EXPIRES MAY 13, 1977
CS-309 110"RU TIM MAYNAHrf RONQINe AaRNCY
CLEAAWATER SUN
Published Daily '
Clearwater, Pinellas County, Florida
STATE OF FLORIDA
COUKTT or PIwzT x Ab:
Before the undersigned authority personally appeared W. Paul Harris. who on
oath says that he Is the business Manager of the Clearwater Sun, a daily newspaper
published at Clearwater In Pinellas County. Florida: that the attached COPT of
advertisement, being a .......
................................................................... in the smatter of
......QxdA Aox.Crr, . #Ar...15.U ..............................r...r.......r.....
in lh4XXXXXXX............ XXMXV,* ................... Court, was published In
said newspaper In the Issues of .. Qat.Qhe.r..7.r..1.9.75 ........................
Aftiant further says that the said Clearwater bun is a newspaper published at
Clearwater, In said Pinellas County, Florida, and that the said newspaper has
heretofore been continuously published in said Pinellas County, Florida, each day and
has been entered as second class mail matter at the post office In Clearwater, in said
Pinellas County, Florida, for a period of One Tear next precedia the first publication of
the attached copy of advertisetnentt and afflant furth at he has neither paid
nor promised ady Person, firm or corporation any dl t, n e, tom on or refused
for the purpose of securing this adrertisernent p on lit said newspaper.
... ........
Sworn to and subsc:iasd before :rte
this .7t.h...... day of Da?e>K...., A•D. Iti.3's
NOTARY PUBLIC, STATE or FLORIOA at LARGE
(ti£!lt] . . . ....... r . "' ' W COMMISSION EXPIRES MAY 13, 1977
Notary Public "o"ORD TNRtr MAYNArM 1191:47NP Aa RNtiY
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