HomeMy WebLinkAbout530 Massage Establishments18'3
ATTEST:
ORDINANCE NO. 530
AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING A NEW CHAPTER 20, TO
TITLE VIII, OF THE REVISED AND COMPILED ORDINANCE OF THE CITY OF
MERIDIAN PROVIDING FOR THE LICENSING OF MASSAGISTS AND MASSAGE ESTABLISHMENTS
INCLUDING THE FOLLOWING: PROVISIONS FOR DEFINITIONS; LICENSEE REQUIREMENTS;
EXEMPTIONS; LICENSING OFFICER; APPLICATIONS FOR EXEMPTION; APPLICATION
FOR MASSAGE ESTABLISHMENT LICENSE; MASSAGIST LICENSE; SOLE PROPRIETORSHIP
MASSAGISTS; GRANT, TERM AND FEE OF LICENSES; QUALIFICATIONS AND CONTINUATION
OF QUALIFICATIONS; CHANGE OF ADDRESS., NAME AND OFFICERS, DIRECTORS,
STOCKHOLDERS, PARTNERS AND EMPLOYEES OF LICENSEE; OPERATING AND SANITARY
REQUIREMENTS; INSPECTIONS; ADMINISTRATION; UNLAWFUL ACTS; PENALTIES;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and the City Council of the City of Meridian,
State of Idaho, have concluded that it is in the best interest of
the said City to adopt a new Chapter 20 to Title VIII, to the Revised
and Compiled Ordinances of the City of Meridian which provides for
massagists and massage establishments;
NOW, THEREFORE, BE TT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
~, e":vVSECTION 1: That a new Chapter 20, Title VIII, be added to the
Revised and Compiled Ordinances of the City of Meridian, entitled
"MASSAGISTS AND MASSAGE ESTABLISHMENTS", and which is hereby adopted
and enacted and which shall read as follows:
8-2001 DEFINITIONS: For the purposes of this Ordinance, the following
terms, phrases, words and derivations shall have the meaning
given herein.
A. Applicant: The person making application for a license
or the renewal of a license as specified in this Chapter.
B. Licensee: A person having a City license in full force
and effect issued hereunder as specified in this Chapter.
C. License Officer: The City Clerk.
D. Massage: Any method of manual manipilation of, pressure
on or friction against, or rubbing, stroking, kneading,
slapping, pounding, tapping, vibrating or stimulating
the external parts of the human body with or without the
aid of any mechanical or electrical apparatus, instrument
or appliance with or without such supplementary aids as
oils, rubbing alcohol, liniments, antiseptics, powders,
creams., lotions, ointments or other similar preparations
commonly used in the practice of massage and/or by the
use of any kind of character of bath.
E. Massage Establishment: Any place or establishment where
any person engages in or carries on or permits to be engaged
in or carried on any of this activities mentioned in subsection
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D. above.
F. Massagist (including the terms masseur or masseuse): Any
person who, for any consideration whatsoever, engages in the
practice~.,of massage as herein defined.
G. Person: Any person, firm, partnership, association, corporation,
company or any organization of any kind.
8-2002 LICENSE REQUIRED:
A. It shall be unlawful for any person to engage in the practice of
or attempt to practive, massage for a fee, or for a gratuity, or
any consideration whatsoever without first having obtained a
valid license therefor as provided in this Chapter and
which license is in full force and effect.
B. It shall be unlawful for any person to engage in, operate,
conduct or carry on, or maintain in or upon, or to permit
to be engaged in, operated, conducted or carried on, or
maintained in or upon, any premises in Meridian City, the
operation of a massage establichment as herein defined without
first having obtained a license as provided for in thie Chapter
and which is in full force and effect.
8-2003 EXEMPTIONS: The following persons shall'~be exempt from the
requirements of this Chapter:
A. Persons authorized by the laws of the State of Idaho to practice
medicine, surgery, osteopathy, chiripody, physical therapy,
chiropractic, podiatry, or persons holding a drugless
practitioner's certificate under the laws of the State of
Idaho;
B. Nurses registered or licensed pursuant to the laws of~~the State
of Idaho. Orderlies, attendants or nurses aides in hospitals
or clinics or under the direction of a licensed physician; and
C. Barbers and cosmetologists duly licensed under the laws of the
State of Idaho.
D. Members in good standing of the International Myomassenthics
Federation (I.M.F./I.M.A.) and the Meridian Massage Therapy
Association (A.M.T.A.). All persons desiring to qualify for
this exemption shall make application for a certificate of
.exemption ~to the Licensing Officer and by a showing that the
Applicant for exemption is a member in good standing of the
above-named associations.
E. The exemptions hereby granted shall apply and extend to the
person or persons exempt so long as and to the extent necessary
for the activities performed in the course of the bona fide
practice of the business or profession of the person exempted.
8-2004 ACT OF LICENSING OFFICER.: Upon determintaion that the applicant
is-qualified for a license pursuant to the qualifications and
conditions of licensee, the Licensing Officer shall either issue a
Meridian City License to the applicant or shall deny the same `for
cause.
8-2005 APPLICATION FOR EXEMPTION CERTIFICATE: Any person desiring to apply
for an exemption from the requirements of this Chapter shall make
annual application for a Certificate of Exemption to the License
Officer. All applications for a Certificate of Exemption shall
provide with the application at least the following:
A. The name and residence address of the applicant.
B. The business address of applicant.
C. The date of birth, social security number and motor vehicle
license number, if applicable.
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D. ~The~professional association under which the applicant claims
• ~ `exemption and proof of membership in good standing.
8-2006 APPLICATION FOR MASSAGE ESTABLISHMENT LICENSE:
Application for a license to operate a massage establishment,
which employs any persons as massagists not exempted by this
Chapter, shall be made to the License Officer accompanied by the
annual fee hereinafter presrcibed, and the application shall
contain at least the following::
A. The exact nature of the massage to be administered.
B. The location and mailing address of the proposed establishment.
C. The name and residence address of the applicant.
f D. If applicant is a corporation, the names and residence adresses
' of each of the officers,~directors•and manager of said
corporation and of each stockholder owning more than ten
percent (10%) of the stock of the corporation, and the address
of the proposed massage establishment.. Said persons shall be
construed as joint applicants for a massage establishment license.
E. If applicant is a partnership, the names and residence addresses of
each of the partners including limited partners, and the address
~, ~1 of the partnership itself, if different from the address of the
proposed massage establishment. Said persons shall;. be construed
as joint applicants fora massage establishment license.
F. Written proof that the appli cant is over the age of eighteen (18)
years.
G. The height, weight, color of hair, and eyes of each applicant
or joint applicant.
H. One photograph of each applicant taken within thirty {30) days
of the date of application at least two inches by two inches
{2"x2"). If the applicant is a corporation, one photograph at
least two inches by two inches (2"x2") of each officer or
managing agent(s) of said corporation. If_~the applicant is a
partnership, one portrait photograph taken within thirty (30)
days of the date of application at least two inches by two
inches (2"x2") in size of~~each partner, including a limited
partner in said partnership.
I. The business, occupation, or employment of the applicant,
including the name_.dates, location and nature of same.
,7. The history of the applicant in the operation of a massage
establishment or similar business or occupation, including,
but~~not limited to, whether or not such person, in previously
operating in this or another city within or without the
State has had a massage or similar license or application
therefor, denied, revoked or suspended, and the reason therefor,
within five (5) years immediately preceding the date of
application, and the business activity or occupation subsequent
to such action of suspention or revocation.
K. Whether the applicant (including the officer,: ;directors: and
managers of a corporation, and partners and managers of a
partnership) within five (5) years prior to making application
has been convicted of,~paid any fine,.. been placed on probation,
received a deferred sentence, received a withheld judgement,
suffered the forfeiture of a bond for failure to appear or
completed any sentence of confinement for any felony or
nontraffic misdemeanor.
L. The name and address of each massagist who is or will be
employed in said establishment.
iss
M. 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
qualifications of the applicant for the permit.
N,: An applicant who was not licensed by this Chapter for the
year immediately preceding the current application shall be
required to be fingerprinted by an appropriate agency
designated by the Licensing Officer. Cost of taking and
processing such fingerprints shall be born by the applicant.
8-2007 MASSAGIST LICENSE: Application for a massafist's license by all
persons not exempted by this Chapter shall be made to the License
Officer accompanied by the annual fee hereinafter prescribed,
and the application shall include the following:
A. Name and residence address and all previous residential
addresses immediately prior to the present address of
applicant for a period of five (5) years from date of
application.
B. Social Security number.
C. Written proof that the applicant is at least eighteen (18)
years of age.
D. Weight, height, color of hair and eyes.
E. Two~(2) front face photographs taken within thirty (30)
days of the date of application and at least two inches
by two inches (2"x2") in size.
F. The business, occupation or employment of the applicant for
five (5) years immediately preceding the date of application.
G. The massage or similar business license history of the applicant,
and whether the applicant has had such license, or application
thereof, denied, revoked or suspended within five (5) years
immediately preceding the date of application and the reason
therefor, and the business activities or occupations subsequent
to such actions of denial, suspension or revocation.
H. Whether the applicant within three (3) years immediately prior
to the date of application has been convicted of, paid any
fine, been placed on probation, received a deferred sentence,
received a withheld judgement, suffered the forfeiture of a
bond for failure tb appear or completed any sentence for
confinement for any felony or nontraffic misdemeanor.
I. Authorization for the City, its agents and employees to seek
information and conduct an investigation into the truth of the
statement set forth in the application and the qualifications
of the applicant for the permit.
J. P;n:~applicant who was not licensed by this Chapter for the year
immediately preceding the current application shal be required
to be fingerprinted by an appropriate agency designated by~~the
Licensing Officer. Cost of taking and processing such finger-
prints shall be borne by the applicant.
8-2008 SOLE PROPRIETORSHIP MASSAGISTS:
A. Dedinition: A sole proprietorship massagist is an individual
not connected or employed by any massage establishment, who
practices the profession of massage in the personal residences '
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of individual clients or at the personal residence of
the sole proprietorship massagist.
B,_Application: All sole proprietorship massagists shall
make application for a sole proprietorship massage
license in the same form as is required by Section 8-2007
of this Chapter and pay~the required fee.
C. Additional Requirements: All persons licensed under
this section as sole proprietorship massagists shall keep
at all times an appointment book in which the name of
each and every patron or client shall be entered,
' together with the time, date, place of service and the
nature of the service provided. The appointment book
' shall be available for inspecti:~on by the Licensing Officer
or Meridian City Police Department.
D. All sole proprietorship massagists shall maintain all
qualifications and conditions as specified in Meridian
City Code.
8-2009 INVESTIGATION AND RECEIPT OF APPLICATION: Upon receipt
of an application for a license, the License Officer shall
cause an investigation to be made and shall refer all
applications to the Police Department, the Fire Department,
Building Department and the Central District Health
Department for their recommendations. The applicant for
either a massage establishment license or~massagist license
shall submit to an interview for such further information
.~ and identification as may be deemed necessary by any officer
of the City, and shall afford the License Officer and any
other department or member thereof of the City reasonable
opportunity to inspect the facilities for which the license
is requested.
8-2010 GRANT TERM AND FEE OF LICENSES:
A. The License Officer, upon receiving the written recommendations
of all departments, shall determine if the qualifications
and conditions inFthis Chapter have been met.
B. The License Officer shall issue an annual license to a
massage establishment. Each license shall expire at
the end of one year from the date of its issuance, unless
sooner revoked or surrender. License shall not be
transferable. A provisional license may~.be.~issued pending
completion of the 'required investigation.
C. The License Officer shall issue an annual license to a
massagi.st. Each license shall expire at the end of one
year from the date of~its issuance, unless sooner revoked
or surrendered. Licenses shall not be transferable. A
provisional license may be issued pending completion of
the required investigation.
D. The annual license fee for a massage establishment is
one hundred dollars ($100.00) and the annual Tieense fee
for a massagist (including sole proprietorships) is fifty
dollars ($50.00).
E. Each massage establishment shall remit a fee of twenty-five
dollars ($25.00) to the Central District Health Department
for a health inspection consistent with this Chapter.
F. All persons applying for an exemption as specified shall
remit a fee of ten dollars ($10.00).
G. All licenses or exemption:~certificates issued pursuant
to this Ordinance shall be prominently and conspicuously
displayed on the premises of the massage establishment.,
8-2011 QUALIFICATIONS; AND CONTINUANCE OF QUALIFICATION:
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A. The License Officer shall refuse to issue a license to a massage
establishment, a massagist orU a sole proprietorship massagists
license, if it is found that;
1. The correct permit fees have not been tendered to
appropriate party, and, in the case of a check or bank draft,
honored with payment upon presentation.
2. The operation, as proposed by the applicant, if permitted,
would not comply with all applicable laws, including, butt:
not limited for the City's building, zoning and health
regulations.
3. The applicant or manager or other person principally
in charge of the operation of the business, or the
stockholders holding more than ten percent (10~) of the
stock of the Corporation and any officer, directors
and employees of a corporation, or the members of a
partnership, have been, within five (5) years prior
to making application, convicted of, paid any fine, been
placed on probation, received a deferred sentence, received
a withheld judgement, suffered the forfeiture of a bond
for failure to appear• or completed any sentence of
confinement for~any felony or nontraffic misdemeanor.
4.' The applicant has knowingly made any false, misleading, or
fraudelent statement of fact in the application or in any
document required to be submitted in support thereof.
5. The applicant has had a message business, massagist, or
other similar permit or license denied, revoked, or
suspended for any of the above causes by the City or~any
other state of local agency within five (5) years prior to
the date of the application.
6. The applicant, if an individual, or if a corporation any
of the officers and directors, or if a partnership any membe
of the 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.
B, All persons licensed hereunder must continue throughout the
license period to have all of the qualifications and none of the
disqualifications as provided for in this Ordinance.
8-2012 CHANGE OF ADDRESS, NAME AND OFFICERS, DIRECTORSr STOCKHOLDERS, PARTNERS
AND EMPLOYEES OF LICENSEE:
Every message establishment licensee shall report within 24 hours
to the License Officer any and all changes of ownership or
management of the massage establishment, including, but not limited
to, changes or manager or other person principally in charge, stock-
holders holding more than ten percent (10%) of the stock of the
corporation, officers, directors and any and all changes of name,
style or designation under which the business is to be conducted
any and all changes of business address or telephone numbers where
the business is to be conducted; any and all changes or transfers
or massagists employed in the business whether by new or.~renewed
employment, discharge or termination or otherwise.
Every massagist shall report within 24 hours to the License Officer
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.
~8-2013 OPERATING AND SANITARY REQUIREMENTS:
A. All massage performed by massagists employed by massage
establishments and required to be licensed by this Chapter shall
be performed at a licensed massage establishment.
B. Unless otherwise ordered or approved by the Central District
189
Health Department, each establishment shall be constructed,
operated, and maintained to met the following minimum
requirements:
1. Physical facilities:
a. Steam rooms, shower compartments, steam compartments,
' tub compartments, toilet rooms,aand adjacent exists
shall have smooth, nonabsorbent, and easily cleanable
floors and walls.
b. Floors of wet and dry heat rooms shall be adequately
sloped to one or more floor drains property connected to
an approved sewer;system, except that dryL-heat rooms
with wooden floors need not be provided with sloped floors
and floor drains.
c. A source of water approved by the Central District Health
Department shall be available within the immediate area
of the dry and wet heat rooms to facilitate cleaning.
~..
d. The premises shall have adequate equipment for disinfecting
or sanitized non-disposable instruments and materials used
to administer massages.
e. Massage tables, exercise tables, and benches shall have
easily cleanable upholstery or other approved material
covering the entire top surface.
f. Pools, tubs, and similar equipment designed for mutiple
use without the water being changed, shall comply with
state and other laws. Tubs, baths, and similar equipment
designed for single use shall be emptied after each use,
thor•.oughly cleaned, and properly sanitized.
g. No owner or operator shall use an establishmen.t~for housing,
sheltering, or harboring or cause or permit the same
to be used as living or sleeping quarters by employees or
other persons.
h. Toilet facilities shall be provided in convenient--locations
separate from other facilities, to provide privacy to the
occupant(s).
i. Each handwashing facility shall be provided with hot and
cold running water, soap or detergent,~and sanitary
single service towels or blow dryer(s) at all times. A
common towel(s) shall not be used.
2. Cleaning and Maintenance:
a. Every portion of the establishment, including appliances,
exercise tables, and equipment and apparatus, shall be
kept clean, in good repair, and maintained in a sanitary
condition. Wet and dry heat. rooms, steam or vapor rooms,
or steam or vapor cabinets, shower compartments, and toilet]
_facilities and rooms shall be thoroughly cleaned each
day the establishment is in operation. Bathtubs, and
massage tables shall be cleaned and disinfected after
each patron's use.
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b. Each establishment shall have clean, sanitized sheets, towels,
towels, or other linen in sufficient quantity and said towels
and linen shall be cleaned and sanitized after each use.
c. Massage .table(s) and each patron shall be provided with clean
and sanitary sheets, towels, or other linen.. No common use
of sheets, towels., or other linens shall be permitted.
d:~~. All instruments, apparatus, equipment, or appliances used more
than once shall be disinfected after use on each patron.
3. Operators and personnel:
a. All massages or~:treatments in an establishment shall be in a
room_ designed- for,-this-purpose.
b. All`"empToyees, patrons, ;anc7 .oeprators` shall~be'1cTean and -wear clean
oute"r garments`. " ~A1T "employers and operators shall'"maintain a
high degree of personal cleanliness and conform to hygienic
practices while on duty.
c. Each operator shall wash their hands thoroughly before and after
administering a massage or treatment on each patron, and as otter
as necessary to remove soil and contamination. An operator
or employee of an establishment shall thoroughly wash their hands
after using the toilet, smoking, or eating.
d. No operator shall administer a massage or.~gwe~.treatment if he
or she knows or should know that he or she has any contagious
or communicable disease.
4. Hours of Operation: All massage establishments licensed under this
Ordinance shall be closed for business between the hours of 10:00 p.m.
and 7:00 a.m.
8-2014 INSPECTIONS: The Departments of Police, Fire,or Building of Meridian
City and the Central District Health Department shall at any time
during business hours, and at least twice a year, make an inspection of
each massage establishment for the purposes of determining that the
provisions of this Ordinance are compiled with. It shall be unlawful
for any license to fail to allow such inspection officer access to the
premises or to hinder such officer in any manner.
8-2015 ADMINISTRATION: The Administration of this Ordinance shall be under the
jurisdiction of the License Officer who shall:
A.~ Examine all applications filed under Section 8-2005 through 8-2008
of this Chapter, make or cause to be made further investigations of
the application and applicant he shall deem necessary.
8-2016 UNLAWFUL ACTS: It shall be unlawful for any person:
A. To permit any person under the age of eighteen (18) years of age
to come or remain on the premises of any massage establishment as
a massagist, employee or patron.
B. To sell, give, dispense, provide or keep, or cause or permit to be
sold, given, dispenses, provided or kept, any alcoholic beverage or
liquor on the immediate premises of any massage establishment.
C. To employ any person as a massagist unless such person has obtained
and has in effect a license issued pursuant to this Chapter.
D. Owning, renting, leasing, operating,,:or managing a massage establishment
and knowingly to cause, allow or permit in or about such massage
establishment, any agent, lessee, employee, or any other person under
his control of supervisor to perform such acts as may be prohibited
by law.
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8-2017 PENALTIES: Any:•person violating any of the provision~of this
Ordinance shall be deemed guilty of a misdemeanor and upon
conviction 'thereof shall be fined in an amount not exceeding
three hundred dollars ($300.00) or be imprisoned in the Ada
County jail for not exceeding six (6) months or be both so fined
and imprisoned. Each day such violation is committed, or
permitted to continue, shall condtitute a separate offense
and shall be .punishable as such hereunder.
SECTION 2: EFFECTIVE DATE.: WHEREAS, theee_ is an emergency therefor,
which emergency is hereby declared to exist, this Ordinance shall be in
C
full force and effect from and after its passage, approval, and publication
according to law.
PASSED AND APPROVED this 5th day of June, 1990.
CITY OF MERIDIAN
.~
!~
GRANT KI G
ATTEST:
ORDINANCE NO. 531
AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING A NEW CHAPTER 21~ TO TITLE VIII
OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN PROVIDING FOR
THE LICENSING OF ESCORT AND ESCORT BUREAUS INCLUDING PROVISIONS FOR THE
FOLLOWING: DEFINITIONS LICENSE REQUIRED; FEE; EXCEPTIONS~~~APPLICATION
REQUIREMENTSr QUALIFICATIONS FOR LICENSE - EMPLOYMENTi NOTIFICATION OF
PERSONAL CHANGES UNLAWFUL ACTS OF ESCORT BUREAU LICENSEES APPOINTMENT
' BOOK AND NOTICE OF ESCORT AT OTHER LOCATIONS LICENSE - SUSPENSION OR REVOCATION
CONDITIONS PENALTIES AND PROVIDING AN EFFECTIVE DATE.
WHEREAS., the Mayor and the City Cuncil of the City of Meridian, State
of Idaho, have concluded that it is in~:the best interest of the said City to
adopt a new Chapter 21, to Title VIII, of the Revised and Compiled Ordinances
of the City of Meridian Ordinances which shall provide for the licensing of
escort and escort bureaus and related matters;
NOWT THEREFORE BE IT ORDAINED BY THE;..MAYOR AND CITX COUNCIL OF THE
CITY OF MERIDIANS ADA COUNTY IDAHO:
SECTION 1: That a new Chapter 21 be._added to Title VIII to the Revised
and Compiled Ordinances of the City of Meridian, to be known as "ESCORT
' AND ESCORT BUREAUS", which is hereby adopted and enacted and which shall
read as follows:
ORDINANCE NO.�
AN ORDINANCE OF THE CITY OF MERIDIAN ADOPTING A NEW CHAPTER 205
TO TITLE VIII, OF THE REVISED AND COMPILED ORDINANCES OF THE
CITY OF MERIDIAN PROVIDING FOR THE LICENSING OF MASSAGISTS AND
MASSAGE ESTABLISHMENTS INCLUDING THE FOLLOWING: PROVISIONS FOR
DEFINITIONS; LICENSEE REQUIREMENTS; EXEMPTIONS; LICENSING
OFFICER; APPLICATIONS FOR EXEMPTION; APPLICATION FOR MASSAGE
ESTABLISHMENT LICENSE; MASSAGIST LICENSE; SOLE PROPRIETORSHIP
MASSAGISTS; GRANT, TERM AND FEE OF LICENSES; QUALIFICATIONS AND
CONTINUATION OF QUALIFICATIONS; CHANGE OF ADDRESS, NAME AND
OFFICERS, DIRECTORS, STOCKHOLDERS, PARTNERS AND EMPLOYEES OF
LICENSEE; OPERATING AND SANITARY REQUIREMENTS; INSPECTIONS;
ADMINISTRATION; UNLAWFUL ACTS; PENALTIES; AND PROVIDING AN
EFFECTIVE DATE.
f WHEREAS, the Mayor and the City Council of the City of
Meridian, State of Idaho, have concluded that it is in the best
interest of the said City to adopt a new Chapter 20 to Title
VIII, to the Revised and Compiled Ordinances of the City of
Meridian which provides for massagists and
massage
establishments;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That a new Chapter 20, Title VIII, be added to
the Revised and Compiled Ordinances of the City of Meridian,
entitled "MASSAGISTS AND MASSAGE ESTABLISHMENTS",
and which is
hereby adopted and enacted and which shall
read as follows:
8-2001 DEFINITIONS: For the purposes of this Ordinance, the
following g terms, phrases,
words and derivations shall
have the meaning given herein.
AMBROSE,
FITZGERALD
A. Applicant: The person making application for a
license or the
s CROOKSTON
renewal of a license as specified
in this Chapter.
Attorneys and
Counselors
MASSAGE LICENSING ORDINANCE - PAGE 1
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461 i
4'
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone888.4461
B. Licensee: A person having a City license in
full force and effect issued hereunder as
specified in this Chapter.
C. License Officer: The City Clerk.
D. Massage: Any method of manual manipulation of,
pressure on or friction against, or rubbing,
stroking, kneading, slapping, pounding, tapping,
vibrating or stimulating the external parts of
the human body with or without the aid of any
mechanical or electrical apparatus, instrument
or appliance with or without such supplementary
aids as oils, rubbing alcohol, liniments,
antiseptics, powders, creams, lotions, ointments
or other similar preparations commonly used in
the practice of massage and/or by the use of any
kind of character of bath.
E. Massage Establishment: Any place or
establishment where any person engages in or
carries on or permits to be engaged in or
carried on any of the activities mentioned in
subsection D. above.
F. Massagist (including the terms masseur or
masseuse): Any person who, for any
consideration whatsoever, engages in the
practice of massage as herein defined.
G. Person: Any person, firm, partnership,
association, corporation, company or any
organization of any kind.
8-2002 LICENSE REQUIRED:
A. It shall be unlawful for any person to engage in
the practice of, or attempt to practice, massage
for a fee, or for a gratuity, or any
consideration whatsoever without first having
obtained a valid license therefor as provided in
this Chapter and which license is in full force
and effect.
B. It shall be unlawful for any person to engage
in, operate, conduct or carry on, or maintain in
or upon, or to permit to be engaged in,
operated, conducted or carried on, or maintained
in or upon, any premises in Meridian City, the
operation of a massage establishment as herein
defined without first having obtained a license
MASSAGE LICENSING ORDINANCE - PAGE 2
V
�.r
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 88"481
as provided for in this Chapter and which is in
full force and effect.
8-2003 EXEMPTIONS: The following persons shall be exempt
from the requirements
of this Chapter:
A.
Persons authorized by the laws of the State of
Idaho to
practice medicine, surgery, osteopathy,
chiropody, physical therapy,
chiropractic,
podiatry, or persons holding a drugless
practitioner's certificate under the laws of the
State of Idaho;
B.
Nurses registered or licensed pursuant to the
laws of the State
of Idaho. Orderlies,
attendants or nurses aides in hospitals
or
clinics or under the direction of a licensed
physician; and
C.
Barbers and cosmetologists duly licensed under
the laws of the State
of Idaho.
D. Members in good standing of the
International Myomassethics Federation
(I.M.F./I.M.A.) and the Meridian
Massage Therapy Association
(A.M.T.A,). All persons desiring to
qualify for this exemption shall make
application for a certificate of
exemption to the Licensing Officer and
by a showing that the applicant for
exemption is a member in good standing
of the above -named associations.
E. T"e exemptions hereby granted shall apply and
extend to the person or persons exempt so long
as and to the extent necessary for the
activities performed in the course of the bona
fide practice of the business or profession of
the person exempted.
8-2004 ACT OF LICENSING OFFICER: Upon determination that
the applicant is qua i ied for a license
to
the qualifications and conditions of licensee,�tthe
Licensing Officer shall either issue a Meridian City
License to the applicant or shall deny the same for
cause.
APPLICATION FOR EXEMPTION CERTIFICATE: Any person
desiring to apply for an exemption from the
requirements of this Chapter shall make annual
appl ication for a Certificate of Exemption to the
MASSAGE LICENSING ORDINANCE - PAGE 3
8-2005
License Officer. All applications for a Certificate
of Exemption shall provide with the application at
least the following:
A. The name and residence address of the
applicant.
B. The business address of applicant.
C. The date of birth, social security number
and motor vehicle license numberif
applicable. ,
D. The professional association under which
the applicant claims exemption and proof of
membership in good standing.
8-2006 APPLICATION FOR MASSAGE ESTABLISHMENT LICENSE:
Application for a license to operate a massage
establishment, which employs any persons as
massagists not exempted by this Chapter, shall be
made to the License Officer accompanied by the annual
fee hereinafter prescribed, and the application shall
contain at least the following:
A. The exact nature of the massage to be
administered.
B. The location and mailing address of the proposed
establishment.
C. The name and residence address of the applicant.
D. If applicant is a corporation, the names and
residence addresses of each of the officers,
directors and manager of said corporation and of
each stockholder owning more than ten percent
(10%) of the stock of the corporation, and the
address of the proposed massage establishment.
Said persons shall be construed as joint
applicants for a massage establishment license.
E. I` applicant is a partnership, the names and
residence addresses of each of the
partnrs
including limited partners, and the addresseof
the partnership itself, if different from the
address of the proposed massage establishment.
Said persons shall be construed as
joint
applicants for a massage establishment license.
AMBROSE,
FITZGERALD F. Written proof that the applicant is over the age
&CROOKSTON of eighteen (18) years.
Attorneys and Counselors MASSAGE LICENSING ORDINANCE - PAGE 4
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
G. The height, weight, color of hair and eyes of
each applicant or joint applicant.
H. One photograph of each applicant taken within
thirty (30) days of the date of application at
least two inches by two inches (211 x 211). If
the applicant is a corporation, one photograph
at least two inches by two inches (211 x 211) of
each officer or managing agent(s) of said
corporation. If the applicant is a partnership,
one portrait photograph taken within thirty (30)
days of the date of application at least two
inches by two inches (2" x 211) in size of each
partner, including a limited partner in said
partnership.
I. The business, occupation, or employment of the
applicant, including the name dates, location
and nature of same.
J. The history of the applicant in the operation of
a massage establishment or similar business or
occupation, including, but not limited to,
whether or not such person, in previously
operating in this or another city within or
without the State has had a massage or similar
license or application therefor, denied, revoked
or suspended, and the reason therefor, within
five (5) years immediately preceding the date of
application, and the business activity or
occupation subsequent to such action of
suspension or revocation.
K. Whether the applicant (including the officer,
directors and managers of a corporation, and
partners and managers of a partnership) within
five (5) years prior to making application has
been convicted of, paid any fine, been placed on
probation, received a deferred sentence,
received a withheld judgment, suffered the
forfeiture of a bond for failure to appear or
completed any sentence of confinement for any
felony or nontraffic misdemeanor.
L. T'-e name and address of each massagist who is or
will be employed in said establishment.
M. Authorization for the City, its agents and
AMBROSE,
FITZGERALD
employees to seek information and conduct an
g investi ation into the
ERAL
BCROOKSTON
truth of the statements
set forth in the application and the
Attorneys and
Counselors
MASSAGE LICENSING ORDINANCE - PAGE 5
P.O. Box 427
Meridlan, Idaho
83642
Telephone 888-4461
qualifications of the applicant for the permit.
N. An applicant who was not 1 icensed by this
Chapter for the year immediately preceding the
current application shall be required to be
fingerprinted by an appropriate agency
designated by the Licensing Officer. Cost of
taking and processing such fingerprints shall be
born by the applicant.
8-2007 MASSAGIST LICENSE: Application for a massagist's
license by a persons not exempted by this Chapter
shall be made to the License Officer accompanied by
the annual fee hereinafter prescribed, and the
application shall include the following:
A.
Name and residence address and all previous
residential addresses immediately
prior to the
present address of applicant for a period
of
five (5) years from date of application.
B.
Social security number.
C.
Written proof that the applicant is at least
eighteen (18)
years of age.
D.
Weight, height, color of hair and eyes,
E.
Two (2) front face photographs
taken within thirty (30) days of
the date of application and at
least two inches by two inches
(211 x 211) in size.
F.
T"e business, occupation or employment of the
applicant for five (5)
years immediately
preceding the date of application.
G.
The massage or similar business license history
of the applicant,
and whether the applicant has
had such license, or application therefor,
denied, revoked or suspended within five (5)
years immediately
preceding the date of
application and the reason therefor, and the
business
activities or occupations subsequent to
such actions of denial,
suspension or
revocation.
H.
AMBROSE,
Whether the applicant within three (3) years
immediately prior to the date
FITZGERALD
&CROOKSTON
of application has
been convicted o f
probation, receivaid ed ed anydeferredensentencen
Attorneys and Counselors MASSAGE LICENSING ORDINANCE - PAGE 6
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888.4461
received a withheld judgment, suffered the
forfeiture of a bond for failure to appear or
completed any sentence for confinement for any
felony or nontraffic misdemeanor.
I• Authorization for the City, its agents and
employees to seek information and conduct an
investigation into the truth of the statement
set forth in the application and the qualifications of the applicant for the permit.
J. An applicant who was not licensed by this
Chapter for the year immediately preceding the
current application shall be required to e
fingerprinted by an appropriate agency
designated by the Licensing Officer. Cost of
taking and processing such fingerprints shall be
borne by the applicant.
SOLE PROPRIETORSHIP MASSAGISTS:
A. Definition: A sole proprietorship massagist is
an individual, not connected or employed by any
massage establishment, who practices the
profession of massage in the personal residences
of individual clients or at the personal
residence of the sole proprietorship massagist.
S• Application: All sole proprietorship massagists
shall make application for a sole proprietorship
massage license in the same form as is required
by Section 8-2007 of this Chapter and pay the
required fee.
C. Additional Requirements: All persons licensed
under this Section as sole proprietorship
massagists shall keep at all times an
appointment book in which the name of each and
every patron or client shall be entered,
together with the time, date, place of service
and the nature of the service provided. The
appointment book shall be available for
inspection by the Licensing Officer or Meridian
City Police Department.
D• A11 sole proprietorship massagists shall
maintain all qualifications and conditions as
specified in Meridian City Code.
INVESTIGATION AND RECEIPT OF APPLICATION: Upon
receipt of an app ication or a�Ticense, t e License
Officer shall cause an investigation to be made and
MASSAGE LICENSING ORDINANCE - PAGE 7
11•
shall refer all applications to the Police
Department, the Fire Department, Building Department
and the Central District Health Department for their
recommendations. The applicant for either a massage
establishment license or massagist license shall
submit to an interview for such further information
and identification as may be deemed necessary by any
officer of the City, and shall afford the License
Officer and any other department or member thereof of
the City reasonable opportunity to inspect the
facilities for which the license is requested.
8-2010 GRANT, TERM AND FEE OF LICENSES:
A. The License Officer, upon receiving the written
recommendations of all departments, shall
determine if the qualifications and conditions
in this Chapter have been met.
B. T`e License Officer shall issue an annual
license to a massage establishment. Each
license shall expire at the end of one year from
the date of its issuance, unless sooner revoked
or surrender. License shall not be
transferable. A provisional license may be
issued pending completion of the required
investigation.
C. The License Officer shall issue an annual
license to a massagist. Each license shall
expire at the end of one year from the date of
its issuance, unless sooner revoked or
surrendered. Licenses shall not be
transferable. A provisional license may be
issued pending completion of the required
investigation.
D. The annual 1 i c e n s e fee for a massage
establishment is one hundred dollars ($100.00)
and the annual license fee for a massagist
(including sole proprietorships) is fifty
dollars ($50.00).
E. Each massage establishment shall remit a fee of
twenty-five dollars ($25.00) to the Central
District Health Department for a health
inspection consistent with this Chapter.
F. A 1 1 persons applying for an exemption as
AMBROSE, s pec i f i ed sha11 remi t a fee of ten dol 1 ars
FITZGERALD ( $ 1 0 . 0 0) .
& CROOKSTON 11
Attorneys and Counselors I1 MASSAGE LICENSING ORDINANCE - PAGE 8
P.O. Box 427
Meridian, Idaho
83642
Telephone 88&4481
G• Al licenses or exemption certificates issued
pursuant to this Ordinance shall be prominently
and conspicuously displayed on the premises of
the massage establishment.
8-2011 QUALIFICATIONS; AND CONTINUANCE nF r
UALIFICATIONS:
A. The License Officer shall refuse to issue a
license to a massage establishment, a massagist
or a sole proprietorship massagists license, if
it is found that:
1• The correct permi t fees have not been
tendered to appropriate party, and, in the
case of a check or bank draft, honored with
payment upon presentation.
2. The operation, as proposed by the
applicant, if permitted, would not comply
with all applicable laws, including, but
not limited to, the City's building, zoning
and health regulations.
3. The applicant or manager or other person
principally in charge of the operation of
the business, or the stockholders holding
more than ten percent (10%) of the stock of
the corporation and any officer, directors
and employees of a corporation, or the
members of a partnership, have been, within
five (5) years prior to making application,
convicted of, paid any fine, been placed
on probation, received a deferred sentence,
received a withheld judgment, suffered the
forfeiture of a bond for failure to appear
or completed any sentence of confinement
for any felony or nontraffic misdemeanor.
4• The applicant has knowingly made any false,
misleading, or fraudulent statement of fact
in the application or in any document
required to be submitted in support
thereof.
5• The applicant has had a massage business,
massagist, or other similar permit or
license denied, revoked, or suspended for
any of the above causes by the City or any
other state of local agency within five (5)
AMBROSE, years prior to the date of the application.
FITZGERALD
8 CROOKSTON
6• The applicant, if an individual, or if a
Attorneys and MASSAGE LICENSING ORDINANCE - PAGE 9
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 8W4461
corporation any of the officers and
directors, or if a partnership any member
of the 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.
B. All persons licensed hereunder must continue
throughout the license period to have all of the
qualifications and none of the disqualifications
as provided for in this Ordinance.
8-2012 CHANGE OF ADDRESS, NAME AND OFFICERS, DIRECTORS,
TOCKHOLD RS, PARTNERS AND L E LICENS E:
Every massage establishment licensee shall report
within 24 hours to the License Officer any and all
changes of ownership or management of the massage
establishment, including, but not limited to, changes
of manager or other person principally in charge,
stockholders holding more than ten percent (10%) of
the stock of the corporation, officers, directors and
any and all changes of name, style or designation
under which the business is to be conducted; any and
all changes of business address or telephone numbers
where the business is to be conducted; any and all
changes or transfers of massagists employed in the
business whether by new or renewed employment,
discharge or termination or otherwise.
Every massagist shall report within 24 hours to the
License Officer 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.
8-2013 OPERATING AND SANITARY REQUIREMENTS:
A. All massage performed by massagists employed by
massage establishments and required to be
licensed by this Chapter shall be performed at a
licensed massage establishment.
B. Unless otherwise ordered or approved by the
Central District Health Department, each
establishment shall be constructed, operated,
and maintained to met the following minimum
requirements:
AMBROSE,
FITZGERALD
8 CROOKSOOKSTON 1. Physical facilities:
Attorneys and Counselors MASSAGE LICENSING ORDINANCE - PAGE 10
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
a. Steam rooms, shower compartments,
steam compartments, tub compartments,
toilet rooms, and adjacent exits shall
have smooth, nonabsorbent, and easily
cleanable floors and walls.
b. Floors of wet and dry heat rooms shall
be adequately sloped to one or more
floor drains properly connected to an
approved sewer system, except that dry
heat rooms with wooden floors need not
be provided with sloped floors and
floor drains.
C. A source of water approved by the
Central District Health Department
shall be available within the
immediate area of the dry and wet heat
rooms to facilitate cleaning.
d. The premises shall have adequate
equipment for disinfecting or
sanitized non -disposable instruments
and materials used to administer
massages.
e. Massage tables, exercise tables, and
benches shall have easily cleanable
upholstery or other approved material
covering the entire top surface.
f. Pools, tubs, and similar equipment
designed for multiple use without the
water being changed, shall comply with
state and other laws. Tubs, baths,
and similar equipment designed for
single use shall be emptied after each
use, thoroughly cleaned, and properly
sanitized.
g. No owner or operator shall use an
establishment for housing, sheltering,
or harboring or cause or permit the
same to be used as living or sleeping
quarters by employees or other
persons.
h. Toilet facilities shall be provided in
convenient locations separate from
AMBROSE, other facilities, to provide privacy
FITZGERALD to the occupant (s) .
ERAL
&CROOKSTON
Attorneys and II MASSAGE LICENSING ORDINANCE - PAGE 11
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888.4461
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888.4481
i. Each handwashing facility shall be
provided with hot and cold running
water, soap or detergent, and sanitary
single service towels or blow dryer(s)
at all times. A common towel(s) shall
not be used.
2. Cleaning and Maintenance:
a. Every portion of the establishment,
including appliances, exercise tables,
and equipment and apparatus, shall be
kept clean, in good repair, and
maintained in a sanitary condition.
Wet and dry heat rooms, steam or vapor
rooms, or steam or vapor cabinets,
shower compartments, and toilet
f a c i 1 i ties and rooms shall be
thoroughly cleaned each day the
establishment is in operation.
Bathtubs and massage tables shall be
cleaned and disinfected after each
patron's use.
b. Each establishment shall have clean,
sanitized sheets, towels, or other
linen in sufficient quantity and said
towels and linen shall be cleaned and
sanitized after each use.
C. Massage table(s) and each patron shall
be provided with clean and sanitary
sheets, towels, or other linen. No
common use of sheets, towels, or other
linens shall be permitted.
d. All instruments, apparatus, equipment,
or appliances used more than once
shall be disinfected after use on each
patron.
3. Operators and personnel:
a. All massages or treatments in an
establishment shall be in a room
designed for this purpose.
All employees, patrons, and operators
shall be clean and wear clean outer
garments. All employees and operators
shall maintain a high degree of
personal cleanliness and conform to
MASSAGE LICENSING ORDINANCE - PAGE 12
b.
AMBROSE,
FITZGERALD
& CROOKSTON
hygienic practices while on duty.
c. Each operator shall wash their hands
thoroughly before and after
administering a massage or treatment
on each patron, and as often as
necessary to remove soil and
contamination. An operator or
employee of an establishment shall
thoroughly wash their hands after
using the toilet, smoking, or eating.
d. No operator shall administer a massage
or give treatment if he or she knows
or should know that he or she has any
contagious or communicable disease.
4. Hours of Operation: A 1 1 massage
establishments licensed under this
Ordinance shall be closed for business
between the hours of 10:00 P.M. and 7:00
a.m.
8-2014 INSPECTIONS: The Departments of Police, Fire or
Bf ing of Meridian City and the Central District
Health Department shall at any time during business
hours, and at least twice a year, make an inspection
of each massage establishment for the purposes of
determining that the provisions of this Ordinance are
complied with. It shall be unlawful for any licensee
to fail to allow such inspection officer access to
the premises or to hinder such officer in any manner.
8-2015 ADMINISTRATION: The administration of this Ordinance
shall be un er the jurisdiction of the License
Officer who shall:
A. Examine all applications filed under Sections 8-
2005 through 8-2008 of this Chapter, make or
cause to be made further investigations of the
application and applicant he shall deem
necessary.
8-2016 UNLAWFUL ACTS: It shall be unlawful for any person:
A. To permit any person under the age of eighteen
(18) years to come or remain on the premises of
any massage establishment as a massagist,
employee or patron.
B. To sell, give, dispense, provide
cause or permit to be sold, given,
Attorneys and II MASSAGE LICENSING ORDINANCE - PAGE 13
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
or keep, or
dispenses,
provided or kept, any alcoholic beverage or
liquor on the immediate premises of any massage
establishment.
C. T^ employ any person as a massagist unless such
person has obtained and has in effect a license
issued pursuant to this Chapter.
D. Owning, renting, leasing, operating, or managing
a massage establishment, and knowingly to cause,
allow or permit in or about such massage
establishment, any agent, lessee, employee, or
any other person under his control or
supervision to perform such acts as may be
prohibited by law.
8-2017 PENALTIES: Any person violating any of the provision
of this Ordinance shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be
fined in an amount not exceeding three hundred
dollars ($300.00) or be imprisoned in the Ada County
jail for not exceeding six (6) months or be both so
fined and imprisoned. Each day such violation is
committed, or permitted to continue, shall constitute
a separate offense and shall be punishable as such
hereunder.
SECTION 2: EFFECTIVE DATE: WHEREAS, there is an
emergency therefor, which emergency is hereby declared to
exist, this Ordinance shall be in full force and effect from
and after its passage, approval and publication according to
law.
PASSED AND APPROVED this day of
1990.
ATTEST
AMBROSE,
FITZGERALD
& CROOKSTON
CITY OF MERIDIAN
B Y
Couneys selors MASSAGE LI NSING ORDINANCE - PAGE 14
Counselors
P.O. Box 427
Meridian, Idaho - ----
83842
Telephone 888-4461