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1588al ' i F ,( a s 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,, ;r ? ? . •r C %?; , BATHHOUSES, MASSAGE AND BATH TECHNICIANS, EMPLOYEES r , , ,; 1 f, .,-? ;.??:,, , AND PATRONS; PROVIDING FOR APPEALS TO CITY COMMISSION; PROVIDING FOR TEMPORARY EXCEPTIONS TO COMPLIANCE HEREWITH; PROVIDING A PENALTY FOR FAILURE TO ' ?A'=4'??`" ^ 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 X17 ora:` '#1588. 10.00 _ ? ?}?'1S?!??{?',F'.'r1r `}. r[.r .f" i?}`aw:'!:: x.55 - .. ?t^ .. ?,y?w..-- .ter':v .M`:i`.'?y?e?`'r??,??•''??=?li??;t?df????f'u?". ~?'??t??..]?. .a:? ?? ' i. did Js:? '!fj;,? .1J' ??' .. :1)' '?. ?.?t•1'°i??`?:;' ?'•" lI;7i ,l^iit', .L"''rr?r:`Lx5rt "i.c'. 't';I.i.?• `c.i,'f• " - e1'?' ,V; ii5 ? - Y :? r 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 , , . Article X, Massage Parlors and Bathhouses. ``'?,'.` .•` ;'.,''?'1.'A1=., 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 '?`'=?"k;x'?'??=°``";°f ;^?k -r^#?-; showers and baths of all kinds. • it,;.." r.:Y .0 (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. f? r -( <' ??`?'_??• ?•'?;': ??,;--?',;? ::; ?.'? x'1588 YO_2-y5 l/ ?, ?4 a?...`f Mitt?'?„??te"? ii rr, -i,- i• ,'?. VPI, (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 `?5;dwa''`1 a r Ell ? .??? • f-.,"•?-ii?[[]jj 511 `1 , l.!•^.^].,?,',r,' ii - - - •?„y ._ ,.« ? Aw.r. L.... ....L..aw-?..r• . y r _.... - rr4.+?Y+rrw.-- w•..r ?L.a...:.... ?..' "-" ... .r-.uirhw Wi?• ••' '? `; ?;e.• .r•:? "'y .. r7'' '•?,.r?sA:.Y, 3s-e:,, .j,'' _.fkf` `',.!ti.?;f`?... ?..?' ?. H•: 'i'.'" ?"' •f.? r y bF ti I IV 1? 5y : .3oF??p.+?l??b??°?'": $"sue ??'? #'' tai<1??', °?{? ?' ? ? ''S"s •? a}issus.??....-?-?...?...•.:[?•L?a,.? d??-R, x ? j1r 'Y, 'i •f from its operation barber shops or beauty salons (i. e. , duly ?fk, 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 •?:•=??L ? a r F 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: Ord';; .. -3- . T 0588 10-2-75 `` .. .MSjf'w;' .•:t?•?••. t?1?. WIN tViY .5i ° !yf ? ''?'.'f ,? ' I .? I• .5 1,Si .Y:. ,..i? l i ' '' • ' '•, ?}'+gi y4 t;? Y ?IJ,Z 4.?¢, ..??' • f +' ? ' ? . r 1' ' .3 ` • , ?' ' • ih..a f p a! Il:JS ;E.r .. ?. ?.# ? S 1? r?'Lruf'Y?".`??'r????iiFFxn?.`?',7•?.'1,''i •1 .:.i '? -. . ?f"l: ' "' " .. 'y ? Y M4 ¦ i, (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, Qrd:' #15,88 .f,. -4- 10-2-75 ..,, 77.. fM•"+ Y i:?:. t I???eY ? f' • "' :.3,e - E l•"y:T?i{! STS `?1? (?'?;`'?.F ??_??y_.a-1?;s?`•?' + _,?., s;• ' ?? • :;7??. ?'iv,'t. ?i"w;lr' ?a_ r7?tt,R ? ? '? •.,.a ,4'.?r, .,+ ? ... '. r ? ? 1?'•; rt r??i ? ?i.:..• aim ,'.t'..,: ..', (a L? ?~ 1. ? 1.-•Z 7 iy. }?.'R ?, ?, .f l.`?`.v."y?V ri 4` Y• FfY`}?`??fJ?y?SF Zf, ..??: Ir:FEa ?si, ,4 .y'•. '.?{ ,?• ';r}?. ??i[u,?,`?,. ???_1?rtS.s?`•,Y: i??%?'j' ',;fir ar .?la??,j Y - ? 'il. - .?'.? i? 't ?5~`?. eft i Rs.• `;,:f? `'?.; ' tie; •;}'? "\-?s'r a9 :' vet .??' 4_: Y3: a: • . v+3 4W ] 4M I • lI 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; , .,3• ?' :,: ;''. . said order shall set forth the reasons for such suspension. No , , 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' r" ,,1 resume operations except on written order of reinstatement by . ;a '''°'.';'?w'atz,:;: •;; .,. ; the Liaense Inspector. • ' t . ,.I R 'l K??iyi. e -^/tidir4-. =k..? ,?y1?4'?• 1}Wii A. WY?.?' ' Section 13-186. Minimum standards for massage parlors and bathhouses. i • ..i?3,y .. •?.r?v,f?yi a.??•a'??w. LL• .. `.t,;.;;,1.,?.4Y,3 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. Ord;. x]`588 Te- Met 171 10-2-'75 ?G ' ?'sk WA`?V (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; Ord: ;1588 . 10-2-75 9.'??.4.?]? f?LWer')Illrsl? j.. ?..}`•1•?61. :- - --• a a ?'i+,'S"?`?.'.y 'i?"k'?V.; r..a-r f.• S- frr Y. r C n ?: , , r' ' a •:- ;.-W. WA" 1:7- d r .?.re. ??px"F..r4 a; :.h; ? ? ?1. .!V`,-`s ?:kd,...??? •r?}.", 5. ..2, i? tit`:i k?t?•'lWyiR.'i?. ?r?? :, t' ? ?. ?; ss ?'. _ k . n? r? :j ,i i .s 1 } it"' . lye.) , 4 (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. -7- ' j`` .. Ord: #1588 '10-2-75 7. . i• ArA 4?? ,3=°Y',??it.".?'` ?{.1 :'•Y:F•',-{r?Y+?.x„??r,. •:?.,?? ..r? :t:' ,;- v,.,?.- _ .}•:^e?'?rJ,S?`.;` .,"??rw''?bG?:?R'.u?;???f:?':?.??.? f` FaE ? ? ? ?¢!'4 C ?zrt?-?.i 2?e f;..r'r: rik;?e" y;?.. .,3i, - ':3•" .1' . '-. '- .-?" '?" ?.?si: .?:sr.=.??rtt =>_e•,?:'iy, ??•r ? t T !sJJ(/%4?yr?.:!?'•.?t2: :4f .F.• 'S}' •7J?•: 1: .. ? ?:?ti'• ?' ?4 ".?-.•: V.L'.='. MI. --0 0 i i R W ? P R M Z Section 13-190. Transfers of permits prohibited. a• s ? I ? . 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 ;? ;>? ` , employee, patron, or other person. f.e 3ttrixy? (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? . ??Y.s. Y;. F{k'}.tY?'Y.r?°. :?, "?`', .t•.s=[,.:{.:' .f.?`a u"p}n^:..;1. ,s r ?• .J n I' ;, 'fry. 1 i ? ' i': ??? j{' f i?;= le lS rt'.:f ? ,,;Tti ' . `?+ ?. ?. ` E'• ' ' d f c j,• •,.5.. . +, ':_ :? .? 1. 1 ' 'F " ? ? ? i ? • . j. , . , •7-=s±;h •. a =?[.1 ?: 1",:ti?trr.r ..n.'f:'i;i. c..,?' .. ?y r Y, tltl r + •? }} .'4?? Y y• 7r f?, /? `($}-TS??e 4. ,Y1 ,?5 ? '?i..? !fin T1'?r??,•3r'?Stl .-}? ,?. f' . .. ` .. 5. .}'?? '•l. . ifr r J," ' F r • t :,,? { ? ? -t; + i , , . Y: ?,t ;'Lj.; p w:t 1;':,?. t. i S ? {i ^w i?? , • (9 I 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 (? ;? .,. rEn sue, .. iYI'. 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 ?}..'iS'`t.';`v' feii?'Y?'7l.r?i'fi?7?S'i}.t.:l?., '?•i <,..' •d?t;si.•?:.. ?-w...-.rt,..?'""7.::""? r'rr.?.:•,,.I_ tom. F, 5t-y lii`?aY?l`f`•f..?."5'gfs'.{w7 .. '1... S- ?'{,r41 -.4n. ? :f ?f?, i}!f ?: ?? t? 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. i_• rd'..:158 g1. rti+"??';?i?-..Ia7:p:•i? y; y.•Kn??a•n? r???;f; .c?3. ',c-. 1'-? ?-y?-; ? ;?j* _ •? t «,./y'???t1':,4?3 Ni??`.i•:?,'Y4w[}f}??{. `4715:!(/ 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. m o 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. -11- ? t`r??? •x?; r?*,Y.<,h;`??.?hi?u ', 34.{;i?.'?7,tis•?. ;' ''' r)yr i14 6 Lrt r. ..I w.;? - 7a . . ?? 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 5 f 12- V, ,?.`t ,??;,,?:••1tJ`' 11.E ,lS•? .. ? ? ? ? .• ? ? y i??;v ?? I,f;??' ??. i?':a.Fa•?4s "?•j, '?: ::. ,;.r??.? ?,,,.i 11°, , rt? \CJ' ? ? . t As o 1? .. of •k. •!' .. ? •;?i•:'* ,' ?'' . •.• .? ' - , mz - ••o '•t RIF- If,- °l ? r ? z? ?r'• ?i'`{M :t?' '4 !' `a`?::f :? . ?"T .'1 4?! ?.±.Yr u F ..1 - i.. !' r F. [ryFr+'A1 ?? .r F i ' s fat,;': i.;f.Az N %'S ff}•??r?,jfy? E f j ''f9f1'? a,Fva y??'-'t.1f 1&•'1L.i'?' r`. tx. ` "i I 1 f '•/;:J '< 1 % T;RdSr" N^?. • %7"? , .._ "1?4a'TbYLe?r's .[).Z', 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 . 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