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OR 133 Regulates Turkish baths & Massage Parlors by requiring license, posted hours, health cards for workers AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 133 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, REGULAT- ING TURKISH BATHS AND MASSAGE ESTABLISHMENTS; DEFINING TERMS; REQUIRING A LICENSE; PROVIDING OPENING AND CLOSING HOURS; REQUIR- ING HEALTH CARDS FOR EMPLOYEES; REQUIRING MANAGER TO KEEP A LIST OF EMPLOYEES; PROVIDING GROUNDS FOR REVOCATION OF LICENSE; MAKING IT UNLAWFUL FOR ANY SUCH ESTABLISHMENT TO BE OPERATED IN A HOUSE TRAILER; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. DEFINITIONS: (a) "Massage establishment" is hereby defined to 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 the use of mechanical, therapeutic or bathing devices, and shall include Turkish bath houses. This term shall not in- clude beauty parlors or barber shops duly licensed under the Laws of the State of Texas or registered physical therapists who treat only patients recommended by a licensed physician and who operate only under said physician's direction. 7 (b) "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 electrial instruments or apparatus, or other special apparatus, but shall not include massage by a duly licensed physician, nor massage of the face practiced by a duly licensed beauty parlor or barber shop. (c) "Treatment room" shall mean a room within a massage establishment where the massage is administered. SECTION 2. LICENSE: It shall be unlawful for any person to operate a massage establishment without first having obtained a license therefor from the City in accordance with the provisions of this Ordinance, and paying the fee provided for herein. Such license shall not be issued unless it is first approved in writing by the City Health Officer, the Chief of Police and such license shall not be issued until such establishment has been issued a certificate of occupancy by the City Building Inspector. In the absence of an Official City Health Officer the City Administrator may appoint a "Special Health Officer" to investigate and approve the application or ~aisapprove the same as the case may be, and such appointed Officer shall not be required to reside within the City. SECTION 3. LICENSE FEE: The annual license fee shall be $~ ~D for each such establishment. If said license is obtained between January 1 and June 30 of any year, the full amount of said fee shall be paid. If said license is obtained between July 1 and December 31 of any year, the fee shall be one-half of said amount. No refund shall ever be made of any such license fees. Application for such license shall be made to the City on forms prescribed by the City. Such application shall be accompanied by the the filing fee and a sketch or drawing, showing the complete floor plan of the establishment with size of each room noted thereon. Such floor plan shall indicate thereon the "treatment room", shower room or rooms, restrooms, exercise rooms, sauna rooms, steam rooms, locker rooms, laundry rooms and the location of other administrative or related rooms where activities shall be carried on in connection with the establishment. SECTION 4. MEDICAL CERTIFICATE FOR EMPLOYEES At the time of making application for such licenses, or any renewal thereof, applicant shall furnish to the City the names and addresses of all persons who will be employed by such establishment and such license shall not be issued until the City is furnished with 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 renewed and furnished to the City annually. SECTION 5. GROUNDS FOR REFUSING LICENSE: It shall be unlawful and grounds for revoking an existing license, for the applicant to allow any employee to work at such establishment unless such medical certificate has been obtained and furnished to the City. It shall also be unlawful for any employee to work in such establishment without having first furnished such medical certificate to the City. It shall also be unlawful for any person operating such an establishment to employ a known prostitute in any capacity therein. The Chief of Police shall refuse to approve the issuance of any license 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 contrary 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 court, or which employs a woman who has been convicted of vagrancy or prostitution, or who is a known prostitute. SECTION 6. APPEAL FROM REFUSAL TO GRANT OR RENEW A LICENSE In the event the Chief of Police or the Health Officer shall refuse to approve the issuance of an original license or the renewal of a license to any applicant hereunder the action of the Chief of Police or the Health Officer shall be final unless the applicant shall, within ten (10) days after the refusal to approve the issuance of or the renewal of a license, file a written appeal with the City Secretary, ad- dressed to the governing body of the City, requesting a hear- ing by such governing body upon the question as to whether or not his application shall be granted. In the event such appeal is filed, the Chief of Police or the Health Officer shall pro- vide the governing body with a report giving the reasons for such action. The governing body shall, within thirty (30) days grant a hearing thereon to determine the correctness of the action of the Chief of Police or of the Health Officer at which hearing the governing body may make such investigation as it may see fit and the Governing Body shall determine whether or not such license shall be granted or refused, and such action shall be final and conclusive. SECTION 7. REVOCATION OF A LICENSE. Any license issued pursuant to this Ordinance, may be suspended or revoked by the City Council when it shall ap- pear 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, or Ordinances of this City, or any provision of this Ordinance, or that the per- son conducting such business is of unfit character to conduct same, or that the purposes for which such permit has been issued is being abused, to the detriment of the public, or that the permit is being used for a purpose different from that for which it was issued to the license holder, or when an employee or any person associated with such business has violated the provisions of this Ordinance and such notice of revocation shall be given by the City in writing, said notice to be addressed to the license holder's last known business address. SECTION 8. RIGHT OF APPEAL: In the event the City revokes the license issued to any license holder, the action shall be final unless the license holder shall, within ten (10) days after the receipt of written notice of such revocation, file a written appeal with the City Secretary addressed to the governing body of the City, requesting a hearing by such governing body upon the question as to whether or not such license should have been revoked. The governing body shall, within thirty (30) days, grant a hearing thereon to determine the correctness of the prior action at which hearing the governing body may make such investigation as it may see fit, and the governing body shall determine whether or not its prior action of revocation shall contue or be withdraw, after such hearing the decision of the City Council shall be final and conclusive as to all parties. SECTION 9. HOURS OF OPERATION NO Turkish bath or massage establishment shall be kept open for any purpose between the hours of P.M. and //.'~D A.M., and no such establishment shall be operated or conducted in connection, either directly or in- directly with any place used for living or sleeping quarters. SECTION 10. INSPECTION: 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 such 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 De- partment of Health of the City as are necessary to determine whether or not such employees are infected with any infectious disease. It shall be grounds for the revocation of said license for any operator to lock the door of such establishment while attending a patron of any such establishment; or in any other way interfere with the inspection of such premises. SECTION 11. LIST OF EMPLOYEES The manager or person in charge of such establish- ments shall keep a list of the names and addresses of all em- ployees, both on duty and off duty, and such list shall be shown to all proper authorities of the Police and Health De- partment upon request, and the license required herein shall be exhibited at all times in such establishment. Such list shall show the names and addresses of all persons having an interest in the establishment either as owners, operators or employees. SECTION 12. OPERATION IN RESIDENTIAL AREA PROHIBITED AND OPERATION IN A HOUSE TRAILER PROHIBITED. It shall be unlawful for any Turkish bath or massage establishment to be operated in any section of the City which is zoned for residential purposes, and all applicants must have a Certificate of Occupancy from the Building Inspector before a license shall be issued. No such certificate shall be issued when such operation would be in violation of the City Zoning Ordinance or any other Ordinance of the City. No Turkish Bath or Massage Establishment shall be operated from or conducted within a House Trailer. A "House Trailer" as that term is used herein, shall mean any vehicle used or constructed to permit its use both as a conveyance upon the public streets and occupancy as a dwelling or sleeping place for one or more persons, and shall include both self- propelled and non-self-propelled vehicles so designed or con- structed. No manner of reconstruction or alteration of a house trailer, or placing it on a foundation or removing its wheels, or installing skirting, or attaching it to an existing building or building walls or roof around or over it, shall cause a house trailer to lose its identity as a house trailer so as to avoid being subject to the terms of this ordinance. SECTION 13. SANITARY REQUIREMENTS It shall be the duty of every person conducting or operating a Turkish bath or massage establishment to keep the same at all times in a clean and sanitary condition. All in- struments and mechanical, therapeutic, and bathing devices, or parts thereof, that come into contact with the human body, shall be sterlized by a modern and approved method of sterlization be- fore initial use, and any such instruments and devices, or after having been used upon one patron, shall be sterlized before being used upon another. All towels and linens furnished for use of one patron shall not be furnished for use of another until thoroughly laundered. All masseurs and operators shall wash their hands thorughly before administering massage manipulations to each patrom accomodated. No person suffering from a communicable disease shall work or be employed in a massage establishment. No person suffering from a communicable disease, to the know- ledge of the owner, custodian or employees of a massage es- tablishment shall be accommodated as a patrom therein. SECTION 14. RESPONSIBILITY OF OWNER. The persons, firms, or corporation or indivivual managing, keeping or operating a massage establishment shall be responsible for the acts of their employees in the conduct of said business. SECTION 15. TREATMENT ROOMS It shall be unlawful for any massage establishment or masseur or owner of such establishment to permit its employees to administer a massage in any private room or enclosed or partially enclosed cubicle which is not the "treatment room" designated on the licensee's application sketch or drawing. It shall be unlawful for any treatment room of any massage establishment to be partitioned off into smaller rooms or to be partitioned off into enclosed or partially-enclosed cubicles. SECTION 16. REPEALING CLAUSE: All ordinances or parts of ordinances inconsistent or in conflict with the provisions of this ordinance are here- by repealed. However, the repeal of existing ordinances by this ordinance shall not effect or prevent the prosecution or the punishment of any person for any act done or committed prior to the effective date of this ordinance in violation of any ordinance hereby repealed; and prosecution for such offenses may be instituted and causes presently pending proceeded with in all respects as if such prior ordinance or ordinances had not been repealed. SECTION 17. SEVERABILITY CLAUSE: If any article, paragraph or sub-division, clause, phrase or provision of this Ordinance shall be adjudged in- valid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or uncon- stitutional. SECTION 18. PENALTY CLAUSE: Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a mis- demeanor and, upon conviction, shall be fined not to exceed the sum of two hundred ($200.00) dollars for each offense and each and every day such offense is continued shall constitute a new and separate offense. SECTION 19. EMERGENCY CLAUSE: adequate welfare, Th~ fact that the present City regulations are in- to properly protect the public health, safety and creates an urgency and an emergency and requires that this Ordinance shall take effect immediately from and after the publication of its caption as the law in such cases pro- vides. DULY PASSED by the City Council of the City of Coppell, Texas, this /~f day of ' ~ ~ .... ~....I. 1974. MAYOR ATTEST: APPROVED AS TO FORM: