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HomeMy WebLinkAbout06691 ORD - 11/14/1962• IMS;Mw 5 75 -61 i AN ORDINANCE REGULATING AND LICENSING MASSAGE ESTABLISHMENTS; DESIGNATING THE PROVISIONS OF THIS ORDINANCE AS CHAPTER 19A OF THE CORPUS CHRISTI CITY CODE, 1958; PROVIDING FOR APPEALS FROM REFUSAL TO GRANT OR RENEW LICENSES; PROVIDING FOR REVOCATION OF LICENSES AND APPEALS FROM REVOCATIONS; REGULATING THE HOURS AND CONDITIONS OF OPERATION; ESTABLISH- ING SANITARY REQUIREMENTS; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THERE IS HEREBY ADOPTED AS A PART OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, THE FOLLOWING PROVISIONS TO BE DESIGNATED AS ARTICLE 19A OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, ,WHICH ARTICLE SHALL BE ENTITLED "MASSAGE ESTABLISHMENTS", THE SECTIONS OF WHICH ARTICLE 19A SHALL READ AS FOLLOWS: SEC. 19A -1. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS RESPECTIVELY ASCRIBED TO THEM BY THIS SECTION: "MASSAGE" SHALL MEAN AND INCLUDE ANY PROCESS CONSISTING IN KNEADING, RUBBING OR OTHERWISE MANIPULATING THE SKIN OF THE BODY OF A HUMAN BEING, EITHER WITH THE HAND OR BY MEANS OF ELECTRICAL INSTRUMENTS OR APPARATUS, OR OTHER SPECIAL APPARATUS, BUT SHALL NOT INCLUDE MASSAGE BY DULY LICENSED PHYSICIANS, NOR MASSAGE OF THE FACE PRACTICED BY DULY LICENSED BEAUTY PARLORS OR BARBERSHOPS. "MASSAGE ESTABLISHMENTS" SHALL MEAN ANY BUILDING, ROOM, PLACE.OR ESTABLISHMENT OTHER.THAN REGULARLY LICENSED HOSPITAL WHERE MANIPULATED MASSAGE OR MANIPULATED EXERCISES ARE PRACTICED UPON THE HUMAN BODY BY ANYONE NOT A DULY LICENSED PHYSICIAN, WHETHER WITH OR WITHOUT USE OF MECHANICAL, THERAPEUTIC OR BATHING DEVICES, AND SHALL INCLUDE TURKISH BATHHOUSES. THIS TERM SHALL NOT INCLUDE, HOWEVER, BEAUTY PARLORS OR BARBER -- SHOPS DULY LICENSED UNDER THE PENAL CODE OF THE STATE OR REGISTERED PHYSICAL THERAPISTS WHO TREAT ONLY PATIENTS RECOM- MENDED BY A LICENSED PHYSICIAN AND WHO OPERATE ONLY UNDER SUCH PHYSICIAN'S DIRECTION. SEC. 19A-2. LICENSE - REQUIRED. IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE A MASSAGE ESTABLISHMENT WITHOUT FIRST HAVING OBTAINED A LICENSE THEREFOR FROM THE ASSESSOR AND COLLECTOR OF TAXES, IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, AND PAYING THE FEE PROVIDED FOR IN SECTION 19A -6. SUCH LICENSES SHALL ONLY BE ISSUED UPON THE APPROVAL IN WRITING OF THE DIRECTOR OF PUBLIC HEALTH AND THE CHIEF OF POLICE, AND A CERTIFICATE OF OCCUPANCY FROM THE BUILDING INSPECTOR. 0; w � a 6691 SEC. 19A -3. SAME - DISPLAY. THE LICENSE REQUIRED BY THIS ARTICLE SHALL BE EXHIBITED AT ALL TIMES IN SUCH ESTABLISHMENTS.. SEC. 19A -1I. SAME - 'INVESTIGATION OF APPLICANT. AFTER AN APPLICATION HAS BEEN MADE FOR AN ORIGINAL LICENSE OR A RENEWAL OF AN EXISTING LICENSE TO OPERATE A MASSAGE ESTAB- LISHMENT AS DEFINED HEREIN, THE CHIEF OF POLICE SHALL CAUSE AN INVESTIGATION TO BE MADE OF THE APPLICANT'S CHARACTER AND WHETHER OR NOT THE APPLICANT HAS BEEN CONVICTED OF ANY CRIME INVOLVING MORAL TURPITUDE IN ANY STATE, MUNICIPAL OR FEDERAL COURTS OR WHETHER THE APPLICANT IS A PERSON OF UNFIT CHARACTER, OR WHETHER THE HOLDER OF A LICENSE FOR SUCH AN ESTABLISHMENT, OR ANY EMPLOYEE OF SUCH ESTABLISHMENT COMMITTED ANY LEWD, INDECENT OR OTHER ACT CONTRARY TO COMMON DECENCY DURING THE LAST LICENSING PERIOD, OR SUCH AN ESTABLISHMENT. EMPLOYS ANY PERSON CONVICTED OF ANY CRIME INVOLVING MORAL TURPITUDE IN ANY STATE; MUNICIPAL OR FEDERAL COURT, OR WHETHER SUCH AN ESTABLISHMENT EMPLOYS A WOMAN WHO HAS BEEN CONVICTED OF VAGRANCY OR PROSTITUTION, OR WHO IS A KNOWN PROSTITUTE. SEC. 19A -5. SAME - APPLICANT TO FURNISH NAMES OF EMPLOYEES; MEDICAL CERTIFICATES FOR EMPLOYEES.. AT THE TIME OF MAKING APPLICATION FOR THE LICENSE REQUIRED BY THIS ARTICLE, THE APPLICANT SHALL FURNISH TO THE HEALTH DEPARTMENT OF THE CITY THE NAMES AND ADDRESSES OF ALL EMPLOYEES OF MASSAGE ESTABLISHMENTS AND ALL SUCH EMPLOYEES SHALL BE RE- QUIRED TO SECURE FROM THE HEALTH DEPARTMENT A MEDICAL CERTIFICATE CERTIFYING THAT SUCH EMPLOYEE HAS BEEN EXAMINED AND THAT SUCH EXAMINATION DISCLOSES THE FACT THAT SUCH PERSON EMPLOYED, OR TO BE EMPLOYED BY SUCH ESTABLISHMENT, IS FREE FROM ANY INFECTIOUS OR COMMUNICABLE DISEASE. SUCH MEDICAL CERTIFICATE SHALL BE RE- NEWED ANNUALLY BY THE DIRECTOR OF PUBLIC HEALTH. SEC. 19A -6. SAME - FEE; REFUND. THE ANNUAL LICENSE FEE SHALL BE TWENTY-FIVE DOLLARS FOR EACH SUCH ESTABLISHMENT. IF THE LICENSE IS OBTAINED BETWEEN .JANUARY FIRST AND JUNE THIRTIETH OF ANY YEARS THE FULL AMOUNT OF SUCH FEE SHALL BE PAID. IF SUCH LICENSE IS OBTAINED BETWEEN .JULY FIRST AND DECEMBER THIRTY -FIRST OF ANY YEAR, THE FEE SHALL BE ONE -HALF OF SUCH AMOUNT. NO REFUND SHALL EVER BE MADE OF ANY SUCH LICENSE FEES. SEC. 19A -7. SAME - REFUSAL TO•ISSUE OR RENEW. . THE .CHIEF .OF POLICE SHALL REFUSE TO APPROVE THE ISSUANCE OR RENEWAL OF ANY LICENSE REQUIRED BY THIS ARTICLE TO ANY APPLICANT WHO HAS BEEN CONVICTED OF ANY CRIME INVOLVING MORAL, TURPITUDE IN ANY STATE, MUNICIPAL OR FEDERAL COURT, OR WHERE THE APPLICANT IS A PERSON OF UNFIT CHARACTER, OR WHERE THE HOLDER OF A LICENSE FOR SUCH AN ESTABLISHMENT OR ANY EMPLOYEE OF SUCH AN ESTABLISHMENT COMMITTED ANY LEWD, INDECENT OR OTHER ACT CON- TRARY TO COMMON DECENCY DURING THE LAST LICENSING PERIOD; OR WHERE ANY SUCH ESTABLISHMENT EMPLOYS ANY PERSON CONVICTED OF ANY CRIME INVOLVING MORAL TURPITUDE IN ANY STATE] MUNICIPAL OR FEDERAL COURTS OR WHICH EMPLOYS A WOMAN -WHO HAS BEEN CONVICTED OF VAGRANCY OR PROSTITUTION, OR WHO IS A KNOWN PROSTITUTE. -2- SEC: I9A -8. SAME - APPEAL FROM REFUSAL TO GRANT OR RENEW. IN THE EVENT THE CHIEF OF POLICE SHALL REFUSE TO APPROVE THE ISSUANCE OF AN ORIGINAL LICENSE'OR THE RENEWAL OF A LICENSE TO ANY APPLICANT IN THIS ARTICLE, THE ACTION OF THE CHIEF OF POLICE SHALL. BE "FINAL UNLESS THE APPLICANT SHALL, WITHIN TEN DAYS AFTER THE REFUSAL TO APPROVE THE ISSUANCE OF OR THE RENEWAL OF A LICENSE, FILE WRITTEN APPEAL WITH THE CITY SECRETARY, ADDRESSED TO THE CITY COUNCILS REQUESTING A HEARING BY THE CITY UPON THE QUESTION AS TO WHETHER OR NOT HIS APPLICATION SHALL BE GRANTED. IN THE EVENT SUCH APPEAL IS FILED, THE CHIEF OF POLICE SHALL PROVIDE THE CITY COUNCIL WITH A RECORD OF ALL PROCEEDINGS THERETOFORE HAD WITH REFERENCE TO THE APPLICATION IN QUESTION, INCLUDING THE WRITTEN APPLICATION, TOGETHER WITH THE ACTION OF THE CHIEF OF POLICE AND THE REASONS FOR SUCH ACTION. THE CITY COUNCIL SHALL, WITHIN THIRTY DAYS, GRANT A HEARING THEREON TO DETERMINE THE CORRECTNESS OF THE ACTION OF THE CHIEF OF POLICE, AT WHICH HEARING THE CITY COUNCIL MAY MAKE SUCH INVESTIGATION AS IT MAY SEE FIT, WHETHER ALL THE PERTINENT FACTS APPEAR IN THE APPLICATION OR NOT, AND THE CITY COUNCIL SHALL DETERMINE WHETHER OR NOT SUCH LICENSE SHALL BE GRANTED OR REFUSED, AND SUCH ACTION AS THE CITY COUNCIL SHALL TAKE THEREON SHALL BE FINAL AND CONCLUSIVE. SEC. 19A -9. SAME - REVOCATION. ANY LICENSE ISSUED BY THE ASSESSOR AND COLLECTOR OF TAXES, AFTER APPROVAL IN WRITING BY THE DIRECTOR OF PUBLIC HEALTH AND THE CHIEF OF POLICE, PURSUANT TO THIS ARTICLE, MAY BE SUSPENDED OR REVOKED BY THE CHIEF OF POLICE WHEN IT SHALL APPEAR THAT THE BUSINESS OF THE PERSON TO WHOM SUCH PERMIT WAS ISSUED HAS BEEN CONDUCTED IN A DISORDERLY OR IMPROPER MANNER, OR IN VIOLATION OF ANY STATUTE OF THE STATE, ANY PROVISION OF THIS CODE OR OTHER ORDINANCE OF THE CITY, OR THAT THE PERSON CONDUCTING SUCH BUSINESS IS OF UNFIT CHARACTER TO CONDUCT SAME, OR THAT THE PURPOSES FOR WHICH SUCH LICENSE HAS BEEN ISSUED IS BEING ABUSED, TO THE DETRIMENT OF THE PUBLIC, OR THAT THE LICENSE IS BEING USED FOR A PURPOSE DIFFERENT FROM'THAT FOR WHICH IT WAS ISSUED TO THE LICENSE HOLDER. SUCH NOTICE OF REVOCATION SHALL BE GIVEN BY THE CHIEF OF POLICE IN WRITING AND SHALL BE ADDRESSED TO THE LICENSE HOLDER'S LAST-KNOWN BUSINESS ADDRESS. SEC. 19A -10. SAME - APPEAL FROM DECISION TO REVOKE. IN THE EVENT THE CHIEF OF POLICE REVOKES THE LICENSE ISSUED TO ANY LICENSE HOLDER UNDER THIS ARTICLE, THE ACTION OF THE CHIEF OF POLICE SHALL BE FINAL UNLESS THE LICENSE HOLDER SHALL, WITHIN TEN DAYS AFTER'THE RECEIPT OF WRITTEN NOTICE OF SUCH REVOCATION, FILE A WRITTEN APPEAL WITH THE CITY SECRETARY ADDRESSED TO THE CITY COUNCIL, REQUESTING A HEARING BY THE CITY COUNCIL UPON THE QUESTION AS TO WHETHER OR NOT SUCH LICENSE ' SHOULD HAVE BEEN REVOKED. - - IN THE EVENT SUCH APPEAL IS FILED, THE CHIEF OF POLICE SHALL PROVIDE THE CITY COUNCIL WITH A RECORD OF ALL THE PROCEEDINGS THERETOFORE HAD WITH REFERENCE TO THE REVOCATION OF THE LICENSE IN QUESTION, TOGETHER WITH THE ACTI.ON OF THE "CHIEF OF POLICE AND THE REASONS FOR SUCH ACTION. THE CITY COUNCIL SHALL, WITHIN THIRTY DAYS, GRANT A HEARING THEREON TO DETERMINE THE CORRECTNESS OF THE ACTION OF THE CHIEF OF POLICE, AT WHICH HEARING THE CITY COUNCIL MAY MAKE SUCH INVESTIGATION AS IT MAY SEE FIT, AND THE CITY COUNCIL SHALL DETERMINE WHETHER OR NOT THE ACTION OF THE CHIEF OF POLICE SHOULD BE RATIFIED AND CONFIRMED, OR SHOULD BE SET ASIDE, AND SUCH DECISION OF THE CITY COUNCIL, AFTER SUCH HEARING, SHALL BE FINAL AND CONCLUSIVE AS TO ALL PARTIES. -3- • SEC. 19A -11. HOURS OF OPERATION; LIVING, ETC., QUARTERS THEREIN PROHIBITED. NO MASSAGE ESTABLISHMENT SHALL BE KEPT OPEN FOR ANY PURPOSE BETWEEN THE HOURS OF 10:00 P.M. AND 8:00 A.M., AND NO SUCH ESTABLISHMENT SHALL BE OPERATED OR CONDUCTED IN CONNECTION, EITHER DIRECTLY OR INDIRECTLY, WITH ANY PLACE USED FOR LIVING OR SLEEPING QUARTERS. - SEC. 19A -12. RIGHT OF INSPECTION; INTERFERENCE WITH INSPECTORS. THE OFFICERS OF THE POLICE AND HEALTH DEPARTMENTS OF THE CITY ARE HEREBY AUTHORIZED AND EMPOWERED TO ENTER, FOR THE PURPOSE OF INSPECTION, AND TO INSPECT AT ANY TIME MASSAGE ESTABLISHMENTS IN THE CITY, FOR THE PRESERVATION OF LAW AND ORDER AND DECENCY AND FURTHER EMPOWERED TO, AT ANY TIME, MAKE SUCH EXAMINATIONS THROUGH THE LICENSED PHYSICIANS OF THE DEPARTMENT OF HEALTH OF THE CITY AS ARE NECESSARY TO DETERMINE WHETHER OR NOT SUCH EM- PLOYEES ARE INFECTED WITH ANY INFECTIOUS DISEASE. IT SHALL BE GROUNDS FOR THE REVOCATION OF LICENSES ISSUED UNDER THIS ARTICLE TO INTERFERE WITH THE INSPECTION OF SUCH PREMISES. SEC. 19A-13. EMPLOYING PROSTITUTES PROHIBITED. IT SHALL BE UNLAWFUL FOR ANY PERSON OPERATING SUCH AN ESTABLISHMENT TO EMPLOY A KNOWN PROSTITUTE IN ANY CAPACITY THEREIN. 1. SEC. 19A -14. EMPLOYING HOMOSEXUALSPROHIBITED. IT SHALL BE UNLAWFUL FOR ANY PERSON OPERATING SUCH AN ESTABLISHMENT TO EMPLOY A KNOWN HOMOSEXUAL IN ANY CAPACITY THEREIN. SEC. ,19A -15. LIST OF EMPLOYEES. THE MANAGER OR PERSON IN CHARGE OF MASSAGE ESTABLISHMENTS SHALL KEEP A LIST OF THE NAMES AND ADDRJ =SSES OF ALL EMPLOYEES, BOTH ON DUTY AND.OFF DUTY, AND SUCH LIST SHALL BE SHOWN TO ALL PROPER AUTHORITIES OF THE POLICE AND HEALTH DEPARTMENTS UPON REQUEST. SEC. 19A -16. OPERATION IN RESIDENTIAL AREA PROHIBITED. IT SHALL BE UNLAWFUL FOR ANY MASSAGE ESTABLISHMENT TO BE OPERATED IN ANY SECTION OF THE CITY WHICH IS ZONED FOR RESI- DENTIAL PURPOSES. SEC. 19A -17• SANITARY REQUIREMENTS. IT SHALL BE THE DUTY OF EVERY PERSON CONDUCTING OR OPERATING A MASSAGE ESTABLISHMENT TO KEEP THE SAME AT ALL TIMES IN A CLEAN AND SANITARY CONDITION. ALL INSTRUMENTS AND MECHANICAL, THERAPEUTIC, AND BATHING DEVICES, OR PARTS THEREOF, THAT COME INTO CONTACT WITH THE HUMAN BODY, SHALL BE STERILIZED BY A MODERN AND APPROVED METHOD OF STERILIZATION BEFORE INITIAL USE, AND ANY SUCH INSTRUMENTS AND DEVICES, OR PARTS THEREOF, AFTER.HAVING BEEN USED UPON ONE PATRON, SHALL BE STERILIZED BEFORE BEING USED ON ANOTHER. ALL TOWELS AND LINENS FURNISHED FOR USE OF ONE PATRON SHALL NOT BE FURNISHED FOR USE OF ANOTHER UNTIL THOROUGHLY LAUNDERED. -4- SEC. 19A -18. ADMINISTERING MASSAGF Tn aFa 1 Ar no o.,o - IT SHALL BE UNLAWFUL FOR ANY PERSON TO ADMINISTER A MASSAGE AS DEFINED IN SECTION 19A -1 TO ANY PERSON OF THE OPPOSITE SEX; PROVIDED HOWEVER, THAT THIS SECTION SHALL NOT APPLY TO ANY CHIRO- PRACTOR, NOR SHALL IT APPLY TO ANY REGISTERED PHYSICAL THERAPISTS OR REGISTERED NURSE OPERATING UNDER THE DIRECTION OF A PHYSICIAN. SEC. 19A-19. DISORDERLY. LICENSEES OR EMPLOYEES OF MASSAGE ESTABLISHMENTS WHO COMMIT ANY LEWD, IMMORAL OR INDECENT ACT WILL BE CHARGED WITH THE OFFENSE OF DISORDERLY CONDUCT. SECTION P. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUB- DIVISION, CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID, IT SHALL NOT AFFECT ANY VALID.PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. SECTION 3. PUBLICATION SHALL BE MADE IN THE OFFICIAL PUBLI- CATION OF THE CITY OF CORPUS CHRISTI, ONE TIME, WHICH PUBLICATION SHALL CONTAIN THE CAPTION,STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE. SECTION 4. THE NECESSITY FOR IMMEDIATE REGULATION OF MASSAGE ESTABLISHMENTS FOR THE PROTECTION OF THE HEALTH, MORALS AND GENERAL WELFARE OF THE PUBLICCREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY .COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER'RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE AND PUBLIC TION, IT IS ACCORDINGLY PASSED AND APPROVED, THIS 4DAY OF 1961 ATTEST: MAYOR THE CITY OF CORPUS CHRISTI, TEXAS., CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF i ` CORPUS CHRISTI, TEXAS DAY OF , 19+ TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, p PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION-OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY .COUNCIL; 1', THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS�CHRISTI,TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BEN F. MCDONALD �)R TON R. SWANTNER re T DR. JAMES L. BARNARD I JOSE R. DELEON Me P. MALDONADO W. J. ROBERTS iv JAMES H. YOUNG THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW NG VOTE: BEN Fe MCDONALD _-- - - -_�. TOM Re SWANTNER ��cc DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG _ 46