Chapter 6
MASSAGE ESTABLISHMENTS AND INDEPENDENT MASSAGE THERAPISTSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19806
2-6-1: STATEMENT OF LEGISLATIVE INTENT; PRIVILEGED BUSINESS FINDING:
2-6-2: DEFINITIONS:
2-6-3: LICENSE REQUIRED:
2-6-4: LICENSE FEE:
2-6-5: INDEPENDENT MASSAGE THERAPIST LICENSE:
2-6-6: ADVERTISEMENTS:
2-6-7: REGISTER OF EMPLOYEES:
2-6-8: DISPLAY OF LICENSE REQUIRED:
2-6-9: AGE OF EMPLOYEES:
2-6-10: UNLAWFUL ACTS:
2-6-11: OUTCALL MASSAGE:
2-6-12: PROOF OF LICENSURE:
2-6-13: LICENSE INVESTIGATION; BUSINESS LICENSE OFFICIAL ACTION:
2-6-14: LICENSE RENEWAL DECLINED:
2-6-15: MASSAGE THERAPIST LICENSE NONTRANSFERABLE:
2-6-16: LICENSE REVOCATION, SUSPENSION, CANCELLATION:
2-6-17: NOTICE OF HEARING; HEARING PROCEDURE:
2-6-18: APPLICATION OF OTHER ORDINANCES; STATE AND FEDERAL LAW:
2-6-19: PENALTY:

2-6-1: STATEMENT OF LEGISLATIVE INTENT; PRIVILEGED BUSINESS FINDING:linklink


The city council hereby finds that massage establishments seriously affect the economic, social and moral well being of the city and its residents, that such businesses must be regulated strictly for the welfare of the public and that such businesses must therefore comply with the provisions of this chapter. Although the Nevada legislature has removed the ability of the city to regulate massage therapists as to their qualifications and practices, the city retains its authority to:


A. Require massage therapists and massage establishments to obtain a city business license; and


B. Regulate the manner in which massage establishments may operate. (Ord. 477, 12-10-2013, eff. 12-31-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934910
2-6-2: DEFINITIONS:linklink

Unless the context otherwise requires, the following words, as they appear in this chapter, shall have the meanings ascribed to them in this section:

CITY BUSINESS OFFICIAL: The director or his designee in the city business license department.

DEPARTMENT: The city business license department.

EMPLOYEE: Any massage therapist who is a bona fide employee of a massage establishment.

INDEPENDENT MASSAGE THERAPIST: A massage therapist who is not an employee of a massage establishment, is a sole practitioner, and hires no employees.

MMC: Mesquite municipal code.

MASSAGE ESTABLISHMENT: Any premises occupied and used for the purpose of performing massage therapy.

MASSAGE ESTABLISHMENT LICENSEE PRACTITIONER: The licensee of a massage establishment who performs massage therapy.

MASSAGE THERAPIST: Any person who, for consideration, performs any massage therapy as defined in this section and has been licensed by the state to perform such services.

MASSAGE THERAPY: Has the same meaning as set forth in Nevada Revised Statutes 640C.060, as may be amended from time to time.

OUTCALL MASSAGE THERAPY: Any massage given or provided off the premises of a licensed massage establishment by a massage therapist licensed by the city and state. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934911
2-6-3: LICENSE REQUIRED:linklink

No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises, the operation of a massage establishment, or the performance of massage therapy as an independent massage therapist or a massage establishment licensee practitioner, without first obtaining and thereafter maintaining valid, unexpired city and state licenses for that activity. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934912
2-6-4: LICENSE FEE:linklink


A. License fees shall be charged as outlined in section 2-1-13 of this title, as may be amended or renumbered from time to time. A massage establishment with separate facilities for men and women shall be considered a single massage establishment and shall be charged a single annual license fee. (Ord. 477, 12-10-2013, eff. 12-31-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934913
2-6-5: INDEPENDENT MASSAGE THERAPIST LICENSE:linklink


A. An independent massage therapist license authorizes the licensee to:

1. Administer massage therapy to a client in a licensed massage establishment;

2. Administer massage therapy to a client at the client's temporary or permanent residence, transient lodging, or at the client's place of business; and

3. Advertise as an independent massage therapist.


B. An independent massage therapist licensee must comply with all applicable provisions of the city zoning regulations. (Ord. 477, 12-10-2013, eff. 12-31-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934914
2-6-6: ADVERTISEMENTS:linklink

No massage establishment, massage therapist or independent massage therapist granted a license under the provisions of this chapter, or principal, employee or agent thereof, shall place, publish or distribute or cause to be placed, published or distributed any advertisement, picture, or statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to purchase or utilize any professional massage therapy services. All advertisements placed, published, distributed, disseminated or broadcast by a licensee shall contain the licensee's business license number. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934915
2-6-7: REGISTER OF EMPLOYEES:linklink

The licensee or principal of a massage establishment shall maintain a register of all persons who at any time are employed or contracted as massage therapists and their state license numbers. Such register shall be made available upon request to representatives of the department or the Mesquite police department during regular business hours. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934916
2-6-8: DISPLAY OF LICENSE REQUIRED:linklink

Each massage establishment licensee shall display the establishment's city business license in an open and conspicuous place on the premises of the massage establishment. The city and state license of any person licensed under this chapter to perform massage therapy must be displayed in a conspicuous manner on the premises where the licensee is performing massage therapy. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934917
2-6-9: AGE OF EMPLOYEES:linklink

It is unlawful for any massage establishment licensee or principal to employ any person who is not at least eighteen (18) years of age. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934918
2-6-10: UNLAWFUL ACTS:linklink

It is unlawful for any independent massage therapist or massage establishment licensee, or a principal or employee thereof, to do any of the following:


A. Within a massage establishment, engage in or solicit sexual activity during the course of performing massage therapy on a person, with or without the consent of the person, including, without limitation, if the licensee, principal or employee:

1. Makes sexual advances toward the person;

2. Requests sexual favors from the person; or

3. Massages, touches or applies any instrument to the breasts of the person, unless the person has signed a written consent form provided by the Nevada board of massage therapists;


B. Within a massage establishment, allows a massage therapist to engage in or solicit sexual activity in violation of subsection A of this section;


C. Engages in false, deceptive or misleading advertising regarding the services available within a massage establishment, including, without limitation, false, deceptive or misleading advertising regarding the training that a massage establishment licensee, principal or employee has received. (Ord. 477, 12-10-2013, eff. 12-31-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934919
2-6-11: OUTCALL MASSAGE:linklink

Any licensed massage establishment may dispatch a licensed massage therapist to administer a massage therapy to a client, but only if the therapy is to take place at the client's transient lodging, temporary or permanent residence or at the client's place of business. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934920
2-6-12: PROOF OF LICENSURE:linklink

An applicant for a license to perform massage therapy under this chapter shall provide to the department proof of temporary or permanent licensure by the Nevada board of massage therapists. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934921
2-6-13: LICENSE INVESTIGATION; BUSINESS LICENSE OFFICIAL ACTION:linklink


A. The business license official shall refer applications for independent massage therapy licenses or massage establishment licenses to the Mesquite police department for investigation. Upon completion of the investigation, the business license official shall approve or deny the application.


B. The business license official may deny, or suspend an independent massage therapy license or a massage establishment license for good cause, which includes, but is not limited to:

1. The application is incomplete or contains false, misleading or fraudulent statements with respect to any information that is required in the application;

2. The applicant, prospective licensee or any of its principals fails to satisfy any qualification or requirement that is imposed by this code, or other local, state or federal law or regulation that pertains to the particular license or approval for suitability which is sought;

3. The applicant, prospective licensee or any of its principals is residing in the United States illegally;

4. The applicant, prospective licensee or any of its principals is engaged, or has commenced, instituted, advertised, aided, carried on, continued or engaged, in a business, trade or profession without having obtained a valid license, or has solicited, encouraged, caused or procured another to do so;

5. The applicant, prospective licensee or any of its principals has been subject, in any jurisdiction, to disciplinary action of any kind with respect to a license, an approval for suitability, a permit or a work card to the extent that such disciplinary action reflects upon the qualification, acceptability or fitness of the applicant, prospective licensee or any of its principals;

6. The applicant, prospective licensee or any of its principals has been convicted of an act that constitutes a crime which involves moral turpitude or involves any local, state or federal law or regulation which relates to the same or a similar business, or has been convicted of having solicited, encouraged, caused or procured another to commit such a violation;

7. The applicant, prospective licensee or any of its principals has been convicted of having perpetrated, or solicited, encouraged, caused or procured another to perpetrate, deceptive practices upon the public;

8. The applicant, prospective licensee or any of its principals suffers from a legal disability under the laws of the state;

9. The premises on which the business is proposed to be conducted do not satisfy local, state or federal laws or regulations which pertain to the activity that is proposed to be engaged in;

10. The proposed business activity constitutes, promotes, fosters, aids or otherwise enables a private nuisance, public nuisance or chronic nuisance;

11. The licensee, any of its principals, their employees or those acting on their behalf failed to cooperate with the business license official's efforts to enforce the provisions of this code;

12. Two (2) convictions of any person for solicitation of prostitution on the massage establishment premises within the preceding three (3) year period;

13. The applicant or licensee fails to possess or maintain a valid unexpired massage therapist license issued by the Nevada board of massage therapists; or

14. The applicant or licensee has been convicted of a charge of solicitation of prostitution during the three (3) year period immediately preceding the action taken by the city of Mesquite. (Ord. 477, 12-10-2013, eff. 12-31-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934922
2-6-14: LICENSE RENEWAL DECLINED:linklink

The business license official may decline to renew a license to an independent massage therapist or a massage establishment for good cause, which includes, but is not limited to:


A. The licensee or any of its principals is engaged, or has commenced, instituted, advertised, aided, carried on, continued or engaged, in a business, trade or profession without having obtained a valid license, or has solicited, encouraged, caused or procured another to do so;


B. The licensee, any of its principals, or their employees or those acting on their behalf, have been subject, in any jurisdiction, to disciplinary action of any kind with respect to a license, an approval for suitability, a permit or a work card to the extent that such disciplinary action reflects upon the qualification, acceptability or fitness of such licensee or any principal;


C. The licensee, any of its principals, or their employees or those acting on their behalf, have been convicted of an act that constitutes a crime which involves moral turpitude or involves any local, state or federal law or regulation which relates to the same or a similar business, or have been convicted of having solicited, encouraged, caused or procured another to commit such a violation;


D. The licensee, any of its principals, or their employees or those acting on their behalf, violate a condition which is imposed upon the license;


E. The licensee, any of its principals, or their employees or those acting on their behalf, have been convicted of having perpetrated deceptive practices upon the public;


F. The licensee or any of its principals suffers from a legal disability under the laws of the state;


G. The premises on which the business is conducted do not satisfy local, state or federal laws or regulations which pertain to the activity which is actually engaged in;


H. The business activity constitutes, promotes, causes, allows, fosters, aids, or otherwise enables a private nuisance, public nuisance or chronic nuisance, or has been or is being conducted in an unlawful, illegal or impermissible manner, including, but not limited to, causing, allowing, promoting, fostering, aiding, enabling, exercising deliberate ignorance toward or failing to abate a private nuisance, public nuisance or chronic nuisance;


I. The licensee, any of its principals, their employees or those acting on their behalf failed to cooperate with the business license official's efforts to enforce the provisions of this code;


J. The applicant or licensee fails to possess or maintain a valid unexpired massage therapist license issued by the Nevada board of massage therapists;


K. The licensee has been convicted of a charge of solicitation of prostitution during the three (3) year period immediately preceding the business license official's action; or


L. Two (2) convictions of any person for solicitation of prostitution on the massage establishment premises within the preceding three (3) year period. (Ord. 477, 12-10-2013, eff. 12-31-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934923
2-6-15: MASSAGE THERAPIST LICENSE NONTRANSFERABLE:linklink

Licenses issued under this chapter are not transferable to any other person. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934924
2-6-16: LICENSE REVOCATION, SUSPENSION, CANCELLATION:linklink

A license issued pursuant to this chapter may be revoked, suspended, or canceled by a majority vote of the city council at any regular or at any special meeting convened and held for that purpose upon a show cause order for any wilful violation or omission of this chapter. If a license is revoked, suspended, or canceled pursuant to this provision, it shall be unlawful for the licensee to maintain or conduct such business under the license, or at all. Upon such revocation, suspension or cancellation, no refund of any portion of the license fee shall be made to the licensee and the licensee shall immediately cease all business at all places under such license. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934925
2-6-17: NOTICE OF HEARING; HEARING PROCEDURE:linklink

Notice and the procedure of a hearing scheduled for the purposes set forth in section 2-6-16 of this chapter shall be in accordance with section 2-1-14 of this title, as amended or renumbered from time to time. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934926
2-6-18: APPLICATION OF OTHER ORDINANCES; STATE AND FEDERAL LAW:linklink


A. The terms, conditions and policies of other applicable ordinances are intended to be applied in conjunction with the enforcement of all other ordinances of the city designed for the protection of the public health, safety, morals and welfare. The fact that such ordinances are not specifically referred to in this chapter shall in no manner preclude their application to massage establishments and independent massage therapists.


B. The terms, conditions and requirements of this chapter are in addition to those imposed under state and/or federal law. (Ord. 477, 12-10-2013, eff. 12-31-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934927
2-6-19: PENALTY:linklink

Any violation of the provisions of this chapter is a misdemeanor and may result in a fine of up to one thousand dollars ($1,000.00) and/or imprisonment for up to six (6) months for each violation of any provision of this chapter. Additionally, a separate offense shall be deemed committed for each violation on each day during or on which a violation occurs or continues. (Ord. 477, 12-10-2013, eff. 12-31-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=934928