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HomeMy WebLinkAboutOrdinance Book 18, Page 669, Ordinance Number 74-9-1021669 ORDINANCE NO. 74-9-1021 AN ORDINANCE REGULATING THE OPERATION OF MASSAGE PARLORS WITHIN THE CITY LIMITS OF THE CITY OF PADUCAH, KENTUCKY WHEREAS, in the opinion of the Board of Commissioners of the City of Paducah, Kentucky, massage parlors are businesses which could affect the public health, safety and general welfare of the citizens of Paducah, Kentucky, and WHEREAS, in order to protect the public interest, health, safety and general welfare it is deemed necessary that such businesses be regulated in order to prevent their use in such a manner which would be detrimental to the public, and in order to protect the public health and safety. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. The following words and terms when used in this ordinance shall for the purpose of this ordinance have the meanings respectively ascribed to them by this section: A. Massage parlor. The phrase "massage parlor" shall mean any establishment, building, room, or place other than a regularly licensed hospital, medical clinic, nursing home, or dispensary, the offices of a physician, a surgeon, or an osteopath, or a chiro- practor where non-medical, non-surgical, non -osteopathic and non -chiropractic manipulative 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, and shall include any place where baths, exercises or similar services are offered. B. Masseur and Masseuse. The term masseur (male) and masseuse (female) is a person who practices any one or more of the arts of body massage, either by hand or mechanical apparatus, oil rubs, corrective gymnastics, mechanotherapy, including color therapy, dietetics, hot packs, cabinet, tub, shower, sitz, vapor, steam or any other special type of bath. C. The word "establishment" shall mean a place of business or operation of any kind. D. The term "sexual conduct" shall mean human masturbation, sexual intercours or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex i i or between humans and animals. 670 E. The word "person" shall include individuals, a firm, partnership, association of persons, corporation, organization, or any other group or entity acting as a unit. SECTION 2. It shall be unlawful for any person to operate a massage parlor as herein defined without first having acquired from the City Treasurer a business license for the operation of said business as required by the appropriate license schedule of the City of Paducah. SECTION 3. Any massage parlor licensed by the City shall at all times comply with all health regulations, rules and requirements as shall now or hereafter be promulgated by the Paducah -McCracken County Health Department, and any premises used for the purposes of a massage parlor shall during all hours of operation be made open and available to inspection by the Paducah -McCracken County Health Department for the purpose of assuring compliance with said health rules, regulations and requirements. Each massage parlor shall be equipped with toilet and lavatory facilities for patrons and a separate available toilet and lavatory facilities for employees, and each operating area shall be equipped with a hand lavatory. SECTION 4. (a) No towels, wash cloths, or other linen items shall come in contact with the body or any part thereof of any customer or patron at a massage parlor that has not been rendered sanitary 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 customer or patron. (c) Any person while applying or administering massages shall be clothed from the shoulders to 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. (d) Any massage parlor licensed pursuant to this ordinance shall be equipped with running hot and cold water, and with all other appliances, furnishings and materials i as may be necessary to enable persons employed in and about said massage parlor to comply with the provisions of this ordinance. SECTION 5. No massage parlor shall be used as and for a dormitory or rooming house or place of sleep for either employees or customers or patrons, nor shall any licensee under this ordinance permit any massage parlor to be so used. I 'i SECTION 6. No massages shall be administered or applied by any licensee hereunder or any employee, operator or attendant, except in or upon the premises or 071 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 7. No masseur, masseuse or other employee or attendant in any massage parlor shall apply or administer any massage or other treatment to any person behind locked doors. All means of ingress and egress to individual massage rooms within a massage parlor must be constructed and maintained in such a manner that any person could, at all times, readily and without obstructions enter into the room. SECTION 8. 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 Paducah 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 all 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 passage of this ordinance 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 said written medical verification readily available for inspection. SECTION 9. It shall be unlawful for any person to render any service to the public upon the premises of a massage parlor except during the time that the establishment is open with free access thereto by all members of the public, during which time all portions of such establishment shall be open to the inspection of any inspector of the Paducah -McCracken County Health Department, and to the Chief of Police and any officer of the City of Paducah Police Department. SECTION 10. No owner or manager or employee of a massage parlor shall authorize or tolerate in his or her establishment any activity or behavior prohibited by the laws of the Commonwealth of Kentucky, or the ordinances of the City of Paducah. Kentucky, including such laws proscribing acts of sexual conduct or other obscene act or performance. SECTION 11. (a) It shall be unlawful for any establishment, regardless of whether it is a public or private facility, to operate as a massage parlor, bath parlor, or any similar type business, where any physical contact with the recipient of such service is provided by a person of the opposite sex. (b) Any person violating the provisions of this section shall, upon conviction, be fined not more than $500.00 or imprisoned in the city jail for not more than six months, or both, and in addition to such penalty. it may be considered as grounds for revocation 672 of the license of the owner or manager of the establishment as provided by Section 13 hereof. SECTION 12. (a) It shall be unlawful for any masseur, masseuse, attendant or person employed in a massage parlor to massage or in any way touch the genital organs of another in connection with any massage or other service rendered by said establishment, or to advertise or offer any massage or physical touching of the genital organs of another in connection with such service. (b) Any person violating the provisions of this section, shall, upon conviction, be fined not more than $500.00 or imprisoned in the city jail for not more than six months, or both, and in addition to such penalty, it shall be grounds for revocation of the license of the owner or manager of the establishment as provided in Section 13 hereof. SECTION 13. Any license issued hereunder by the City of Paducah 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 first be notified of said violation and be afforded a hearing before the Board of Commissioners of the City of Paducah. Written notice of any violation hereunder and any hearing thereon before the Board of Commissioners may be given to licensee by delivering said notice by hand to licensee, or in his absence to any adult person employed by licensee at the licensed premises or the deposit of said notice postage 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 Board of Commissioners, and the licensee may present such evidence or witnesses as he shall wish to said Board of Commissioners. 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 Paducah within twelve (12) months following the date of said revocation. SECTION 14. Any person who shall violate any provision of this ordinance or who shall do any act made unlawful by this ordinance shall, upon conviction thereof, be fined not more than $500.00 or imprisoned in the city jail for not more than six months, or both, and in addition to such penalty, it may be considered as grounds for revocation of the license of the owner or manager of the establishment as provided by Section 13 hereof. i SECTION 15. It is hereby declared to be the intention of the Board of Commissioners of the City of Paducah 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 declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or 673 invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the Board of Commissioners without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. SECTION 16. That this ordinance shall be in full force and effect from and after the date of its adoption. Mayor Passed by the Board of Commissioners September 10, 1974 Recorded by Sarah Thurman, City Clerk, September 10, 1974.