Page 1 orpinance wo. /#/G AN ORDINANCE TO REGULATE AND PRESCRIBE LICENSES FOR MASSAGE PARLORS. BE If ORDAINED BY THE CITY COUNCIL OF THE CITY OF PRICHARD AS FOLLOWS: SECTION 1. MASSAGE PARLOR DEFINED. For the purposes jinance a massage parlor is hereby defined to mean any building, room, place, or establishment, other than a regularly licensed hospital or dispensary, where non-medical, non-surgical, non-osteopathic and non-chiropractic manipula- tive exercises, massages or procedures are practiced upon the human body, or any part thereof, for other than cosmetic or beautifying purposes, with or without the use of mechanical or other devices, by anyone not a physician, surgeon, osteopath, or chiropractor or of a similarly registered status. of this or SECTION 2. LICENSE REQUIRED. No massage parlor shall be opened to members of the public or operated for any other pur- pose without the owner thereof first having obtained a license therefor from the City of Prichard as herein provided. SECTION 3. LICENSE FEES. Every owner, proprietor or operator of a massage parlor which applies manual, mechanical or other massages to the human body, trunk or limbs for a fee, hire, reward, or without such fee, hire or reward and applies or administers such manual, mechanical or other massages to members of the public generally, shall obtain a license there- for from the City of Prichard based upon gross receipts as follows: (a) On annual gross receipts less than Ten Thousand Dollars ($10,000.00), the sum of One Hundred Dollars ($100.00) per year- (b) On annual gross receipts in excess of Ten Thousand Dollars ($10,000.00), the sum of One Hundred Dollars ($100.00) plus three percent (3%) of all sums in excess of Ten Thousand Dollars ($10,000.00). (c) In addition to the above license payment the Licensee shall pay annually for each individual messeur or masseuse or other attendant employed at any time during a license year for the purpose of applying or administering massages, an annual sum of Fifty Dollars ($50.00) - (a) For all massage parlors licensed prior to the effec-— tive date of this ordinance the applicable license schedule in effect at the time of the issuance of said license shall continue to be applicable for the remainder of the current license year which expires on DeGomhey 3/ /476 . For all licenses obtained from the City subsequent to the date of publication of this ordinance, the license schedule set forth in subsection (a) and subsection (b) of this section shall be applicable; all other provisions and requirements of this ordinance shall become effective upon publication thereof as now required by law. SECTION 4. REVOCATION OF LICENSE. Any License issued hereunder by the City of Prichard may be revoked by the City upon the violation of any section, requirement or provision \ of this ordinance by the licensee or any agent, attendant or other employee of said licensee, provided the licensee shall Page 2 first be notified of said violation and be afforded a hearing before the City Council of the City of Prichard, :< written notice of any violation hereunder and any hearing . 2% thereon before the City Council may be given to licensee _/ by delivering said notice by hand to licensee, or in his absence to any adult person employed Licensee at the Licensed premises or the deposit of said notice postage 7 prepaid with the United States Postal Service and addressed to licensee at the Licensed premises, not less than ten (10} days prior to such hearing before the City Council, and the licensee may present such evidence as he shall wish to said City Council. In the event of any revocation of a license for the operation of a massage parlor in accordance with this section, said licensee shall not be entitled to the issuance of a subsequent license for the operation of a massage parlor in the City of Prichard or its police jurisdiction within. twelve (12) months following the date of said revocation. SECTION 5. PRIOR CONVICTION FOR PROSTITUTION. It shall be a violation of this ordinance for any licensee . hereunder to employ any operator, attendant or other employee to perform or administer massages who has within the past twenty-four (24) months been convicted for. prostitution, which said conviction is not at the time of said employment. pending final adjudication on appeal. , SECTION 6. HEALTH AND SANITARY REQUIREMENTS. Any : ° massage parlor licensed under the provisions of this. ordinance shall at all times comply.with all health ; regulations, rules and requirements as shall now or here- after be promulgated by the Mobile County Department of Health, and any premises used for the purposes of a massage . parlor shall during all hours of operation be made open and availablé to inspection by the Mobile County Department of Health for the purpose of assuring compliance with said health rules, regulations and requirements. SECTION 7. HEALTH EXAMINATION. No applicant for a License to conduct or operate a massage parlor shall be granted same for such purpose unless he shall first present to the City of Prichard a written verification by a licensed physician, bearing a date not more than twenty (20) days prior to the date of application evidencing that the applicant and those persons to be employed by the applicant in and about the operation of the massage parlor are free of any contagious, infectious or communicable disease. No masseur, masseuse or other employee or attendant applying or administering massages shall be employed in any massage parlor subsequent to the issuance of the license applied for hereunder without having first obtained a written verification from a licensed physician bearing a date not more than twenty (20) days prior thereto, that the said person or employee is free of any contagious, infectious or communicable disease, and said masseur, masseuse or other employee or attendant of any massage parlor shall at all times while on duty or working in any massage parlor have upon his or her person, said written medical verification. Wf ~2- Page 3 - SECTION 8., TREATMENT. No masseur, masseuse or other employee or attendant in any massage parlor shall. apply or administer any massage or other treatment to any person he— hind locked doors. _ ; . oes SECTION 9. SIGN TO BE DISPLAYED. Every massage parlor shall display a legible sign not larger than permitted by the . Zoning Ordinance of the City of Prichard, upon which sign the words Licensed 5 1 6 1 4 3 612 471 163 24 53.281212 masseur or “licensed masseuse," or both, shall conspicuously appéar thereon. Said sign shall contain letters no less than three inches (3") in height. and shall be displayed in such a manner that the words “licensed masseur" or Licensed 4 1 6 1 8 0 279 625 1330 39 -1 5 1 6 1 8 1 279 630 183 23 94.678505 masseuse may be readily observed or read by persons upon enter— ing the premises occupied by any massage parlor. No massage parlor shall operate under any name or conduct its operation under any designation not specified in its license issued by the City of Prichard in accordance with this ordinance. SECTION 10. CLEANLINESS OF EQUIPMENT . (a) No towels, wash cloths, or other Linen items shall. come in contact with the body or any party thereof of any customer or patron of a massage parlor that has not been boiled and laundered since last used. (b) Every person applying or administering massages shall cleanse his or her hands thoroughly by washing same with soap and hot water before attending or massaging any person. - , (c) Any person while applying or administering massages shall be clothed from the shoulders ta the knees by a robe, smock or other opaque apparel’so that the patron or customer shall be protected from bodily contact with the person applying or administering the massage except for the hands and arms of said person applying or administering said massage.’ (da) Any massage parlor licensed pursuant to this ordinance shall be equippal with running hot and cold water, and with all’ appliances, furnishings and materials as may be necessary to enable persons employed in and about said massage parlor to comply with the provisions of this ordinance. . SECTION 11. NOT TO BE USED AS DORMITORY. No massage parlor shall be used as and for a dormitory or place of sleep, nor shall any licensee under this ordinance permit any massage parlor to be so used. SECTION 12. MASSAGES AT LICENSED LOCATION - ONLY. No massages shall be administered or applied by any Licensee hereunder or any employee, operator or attendant while working for such license, except in or upon the premises or regular place of business of said licensee where said License is regularly displayed and at the place and location designated for the operation of said massage parlor in said license. SECTION 13. PENALTIES. Any person who shall violate any provision of this ordinance or who shall do any act made unlawful by this ordinance shall, upon conviction, be fined not more than $200.00 or imprisoned in the County Jail for x not more than six (6) months, or both. ~ “ Page 4 fa SECTION 14. SEVERABILITY CLAUSE. It is hereby de- . clared to be the intention of the City Council of the: City of Prichard that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of same shall be de- - clared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction,” such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have | peen enacted by the City Council without the incorporation in this ordinance of any such unconstitetional or invaLid phrase, clause, sentence, pacagraph or section. MAYOR -AUTHENTICATED: City Clerk , .