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: DISCIPLINARY ACTION - 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:
2-6-20: OBTAINING A LICENSE AFTER REVOCATION - PROHIBITION:
2-6-21: ENFORCEMENT AUTHORITY:
2-6-22: UNLAWFUL TO OPERATE WITHOUT LICENSE - OUTSIDE JURISDICTION - SEPARATE LICENSE REQUIRED:

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


The City Council hereby finds that massage establishments seriously affect public health, safety, 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. It is further found and declared that the right to obtain such license is a privilege and that the operation of a massage establishment or business by an independent massage therapist, when authorized by such license, is a privileged business subject to regulations, and that the license may be revoked for violation of the law or regulations of the State, the conditions of this chapter, and/or other ordinances of this City. (Ord. 542, 8-28-2018, eff. 9-18-2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19806#s1281491
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:

ADVERTISING: The intentional placement or issuance of any sign, card or device, or the permitting or allowing of any sign or marking on a motor vehicle, in any building, structure, newspaper, magazine, handbill, flyer or other publication, any airway transmission, on the internet or in any directory under the listing of "massage therapy" or "massage" or other words of similar import.

ANCILLARY EMPLOYEE: Any employee of a massage establishment or of an independent massage therapist that is not a massage therapist.

BOARD: The Nevada State Board of Massage Therapists.

CHAIR MASSAGE: A massage administered by a massage therapist to a fully-clothed patron's neck, shoulders, back, arms, hands and feet utilizing a massage chair. A patron or guest at a hotel or resort hotel receiving a chair massage in the swimming pool area of the hotel or resort hotel shall be considered fully-clothed when wearing appropriate public swimming attire.

CITY BUSINESS OFFICIAL: The Director or his designee in the City Business License Department.

CONTROL: The power to direct or cause the direction of the management and policies of a massage establishment, massage therapist, employee or agent in any way.

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 fixed place of business where any individual, firm, company association, partnership, corporation, or combination of individuals, engages in, conducts, carries on, or permits to be engaged in or conducted, for money or any other consideration, any massage therapy. For purposes of this chapter, including, without limitation, responsibility for compliance with the provisions of this chapter and penalties for failure to so comply, the term shall include the owners, managers, members, partners, directors, or shareholders of the business entity operating as a massage establishment.

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

MASSAGE OR MASSAGE THERAPY: The application of a system of pressure to the muscular structure and soft tissues of the human body as described in Nevada Revised Statutes 640C.060(1), and for purposes of this chapter, shall also mean any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands, or with the aid of any mechanical or electrical apparatus or appliances, with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage. Reflexology is excluded from this definition.

MASSAGE THERAPIST: Any person who is licensed pursuant to the provisions of Nevada Revised Statutes chapter 640C to engage in the practice of massage therapy or any person performing massage therapy as defined above. While the provisions of this chapter apply to anyone performing massage therapy or operating a massage establishment, regardless of whether such person or place is licensed as such, nothing in this chapter shall be construed to allow the practice of massage without all appropriate licenses and permits. Massage therapist includes both independent massage therapists and massage therapists who are employees of a massage establishment unless otherwise specified.

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.

PATRON: Any person who receives a massage or other service offered by a massage establishment or independent massage therapist.

SEXUAL ACTIVITY: A. Sexual intercourse;

B. Examining or touching any specified anatomical area of a patron;

C. Rubbing against a patron for sexual gratification;

D. Kissing;

E. Hugging, touching, fondling or caressing of a romantic or sexual nature;

F. Not providing a patron privacy to dress or undress except as may be necessary in a medical emergency;

G. Not providing a patron a gown or draping except as may be necessary in a medical emergency;

H. Removing the patron's clothing or gown or draping without consent, except as may be necessary in a medical emergency;

I. Encouraging masturbation or any other sex act in the presence of a massage therapist or employee;

J. Dressing or undressing in the presence of the patron;

K. Masturbation or any other sex act by the massage therapist or any employee in the presence of the patron;

L. Discussing the sexual history, preference or fantasies of the massage therapist or employee;

M. Any behavior, gesture or expression that may reasonably be interpreted as seductive or sexual;

N. Making statements regarding the patron's body, appearance, sexual history or sexual orientation other than for legitimate health care purposes;

O. Sexually demeaning behavior including any verbal or physical contact which may reasonably be interpreted as demeaning, humiliating, embarrassing, threatening or harming a patron;

P. Photographing or filming the body or any body part of a patron; or

Q. Showing a patron sexually explicit photographs or video.

SPECIFIED ANATOMICAL AREA: The human genitals, pubic region, anus, or perineum of any person, or the breasts of a female. (Ord. 542, 8-28-2018, eff. 9-18-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19806#s1281492
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=&chapter_id=19806#s1281493
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=&chapter_id=19806#s1281494
2-6-5: INDEPENDENT MASSAGE THERAPIST LICENSE:linklink


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

1. Perform massage therapy to a client in a leased or rented room in a licensed massage establishment;

2. Perform 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.


C. If an independent massage therapist operating as a sole proprietor, or other entity type, wishes to conduct his or her business from a commercial location, he or she is still considered a sole proprietor or independent contractor and must be licensed separate from the massage establishment and is required to obtain a separate massage license if the commercial location is licensed as a massage establishment.


D. If the commercial location is not licensed as a massage establishment or does not have a conditional use permit allowing massage therapy at that location, the independent massage therapist shall be required to obtain the massage establishment license prior to providing massage therapy at the commercial location. (Ord. 542, 8-28-2018, eff. 9-18-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19806#s1281495
2-6-6: ADVERTISEMENTS:linklink


A. A person shall not advertise that such person provides massage therapy services in the City unless, in the case of a natural person, the person is licensed to practice massage therapy by the board, and in the case of a business, such business is a licensed massage establishment. No person shall advertise that massage therapy services are provided at a business located within the City unless the business has been issued a license allowing for massage therapy to be performed at the business location and such permit has not been suspended or revoked.


B. No massage establishment or massage therapist 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 or which would reasonably suggest to prospective patrons that sexual stimulation or sexual gratification will be provided, in order to induce any person to purchase or utilize any massage services of the massage establishment or massage therapist.


C. All advertising by a massage therapist must include his or her legal name, license number and the name of his or her employer, if applicable. All advertising by a massage establishment must include the business name and license number(s) of the massage establishment.


D. In the event a massage establishment or its manager in charge becomes aware of any advertising that: 1) directs the viewer of the advertisement to the massage establishment, either by name or address; and 2) violates the provisions of this section, the massage establishment or manager in charge shall take reasonable steps to have such advertising removed or taken down, or in the event such advertising is on flyers or handbills, shall cease distributing them. With respect to internet advertising or posting, reasonable efforts shall include, but not be limited to, requesting the host of the website on which the advertising is located, or the person posting the advertisement, to remove or delete the advertisement or post.


E. Two (2) or more violations of this section within a six-month period may subject the massage establishment license to suspension, limitation or revocation pursuant to section 2-6-16 of this chapter and the massage establishment, manager in charge, massage therapist or other party responsible for the advertising, to disciplinary action. (Ord. 542, 8-28-2018, eff. 9-18-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19806#s1281496
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=&chapter_id=19806#s1281497
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=&chapter_id=19806#s1281498
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=&chapter_id=19806#s1281499
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. Any massage establishment, manager in charge or person acting for the massage establishment, to employ, in any capacity, any person who is not at least eighteen (18) years of age.


B. Any person licensed under this chapter to operate under any name or conduct business under any designation not specified in such license or to engage in the business of operating a massage establishment under a false or assumed name when the use of such false or assumed name is not otherwise permitted by law, or is impersonating another practitioner of a like or different name.


C. Any massage therapist or employee to expose his or her genitals, buttocks, chest or breasts, or make any intentional, occasional or repetitive contact with a patron's specified anatomical areas.


D. Any massage establishment owner, massage therapist or employee to be present in any room with a patron unless the patron's specified anatomical areas are fully covered.


E. Any massage establishment, massage therapist, employee, agent, representative or patron to engage in or solicit sexual activity from any person, at any time within a massage establishment. These acts are unlawful if they occur at any time within a massage establishment, regardless of whether the activity occurs during the course of a massage and regardless of whether the person consents. It shall also be a violation if the massage establishment, employee, agent, massage therapist, or representative, initiates sexual activity with or encourages sexual activity from the person regardless of whether the sexual activity actually occurs.


F. Any person to possess or consume any alcoholic beverages on the premises of any massage establishment.


G. Any gaming as defined in this title to occur on the premises wherein the business of massage is conducted.


H. A massage establishment to employ any person who is not legally qualified to work in the United States.


I. Any individual that is not a patron, employee, or massage therapist of the massage establishment to be present in any area of the massage establishment identified as, or designated for, employees only or intended for patron services during operating hours.


J. Any massage establishment, employee, or independent massage therapist, or other person to use the massage establishment premises as a residence or sleeping quarters.


K. Any massage establishment, employee, independent contractor, or other person acting on behalf of any of the foregoing to fail to allow any agents or officers of the division, Code Enforcement, Police Department or State or County regulatory agencies access to the premises for administrative inspections or to hinder such representative while performing such inspection.


L. Any massage establishment owner or manager in charge to fail to report to the division any arrest that occurs on the premises of the massage establishment of which it has actual or constructive knowledge, within three (3) calendar days of the arrest, regardless of whether the person arrested is an employee, patron or independent massage therapist, if the arrest is related to activities that occurred on the premises of the massage establishment.


M. Subsections F and G of this section shall not apply in cases where the massage establishment is located within a facility such as, but not limited to a hotel, resort hotel, athletic club, etc., and where gaming or alcohol is legally permitted. In such cases, the prohibition of alcoholic beverages and gaming shall only apply to the area of the facility dedicated to the use of the massage establishment. (Ord. 542, 8-28-2018, eff. 9-18-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19806#s1281500
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=&chapter_id=19806#s1281501
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=&chapter_id=19806#s1281502
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=&chapter_id=19806#s1281503
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=&chapter_id=19806#s1281504
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=&chapter_id=19806#s1281505
2-6-16: DISCIPLINARY ACTION - LICENSE REVOCATION, SUSPENSION, CANCELLATION:linklink

Any activity by a massage establishment or its employees, agents, independent contractors, and representatives or a person previously found suitable, which is contrary to the public health, safety, morals, good order or general welfare of the residents of the City or that violates any City ordinance or State law or regulation is grounds for the issuance of criminal citations, notices of violation and civil penalties, and/or the suspension, limitation or revocation of a license. Disciplinary action may also be imposed for any of the following:


A. Doing or failing to do any act that would make one unqualified to obtain or hold a license under the provisions of this chapter or Nevada Revised Statutes chapter 640C;


B. Operating a massage establishment or providing massage therapy services in an unlawful manner or in a manner detrimental to the public health, safety or welfare, or in violation of any of the provisions of this chapter or State law;


C. Knowingly failing to report or concealing from proper authority any information that the massage establishment, employee or independent massage therapist has a duty to report under this chapter or any statute, ordinance or regulation of the State or the City;


D. Becoming ineligible to hold a massage therapy or massage establishment license as set out in the statutes and ordinances of the State or City after a massage therapy or massage establishment license has been issued;


E. Misstating, misrepresenting or omitting any material fact in any application to obtain a license or conditional use permit;


F. Conduct on the part of any person, where such person engages in sexual activity, offers sexual activity or solicits sexual activity, from any person, at any time on the premises of the massage establishment;


G. Conduct on the part of any person that results in any person being charged with solicitation of prostitution on the premises of any massage establishment;


H. Possession of alcoholic beverages, or existence of any gaming activity, in the massage establishment or, in the case where the massage establishment is located within a facility licensed for alcohol or gaming such as a hotel, resort hotel, or athletic club, then in the area of such facility dedicated to the use of the massage establishment;


I. Transferring or attempting to transfer or assign a license issued under this chapter; or


J. Failure to comply with any of the requirements specified in this chapter or Nevada Revised Statutes chapter 640C, as may be amended or renumbered. (Ord. 542, 8-28-2018, eff. 9-18-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19806#s1281506
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=&chapter_id=19806#s1281507
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=&chapter_id=19806#s1281508
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=&chapter_id=19806#s1281509
2-6-20: OBTAINING A LICENSE AFTER REVOCATION - PROHIBITION:linklink

No massage establishment license shall be granted, and any existing massage establishment license may be revoked, limited or suspended, with respect to any person whose business license, massage establishment license, massage therapy license or other similar license was revoked, limited or suspended in any jurisdiction, for the period of two (2) years following the date of such revocation or suspension. The prohibition on granting a license, and the potential revocation, limitation or suspension of an existing license, shall also apply to the spouse, family member, or business associate of, or any person who holds more than a ten percent (10%) ownership interest in, such business whose license was suspended, limited or revoked. (Ord. 542, 8-28-2018, eff. 9-18-2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19806#s1281510
2-6-21: ENFORCEMENT AUTHORITY:linklink


A. The Director, agents or officers of the division, Code Enforcement, the Police Department, or any State or County regulatory agency shall be entitled to enforce the provisions of this chapter.


B. Such enforcement power shall include, but not be limited to, the power to issue notices of violation of this chapter, impose civil penalties up to five hundred dollars ($500.00) for each violation for each day or any portion thereof during which the violation occurs or continues, declare nuisances, serve notices of correction, issue red tag/stop work orders, initiate suspension or revocation of licenses pursuant to section 2-6-16 of this chapter and to perform all other duties relating to licensing enforcement as provided in this title. In addition, those persons identified in subsection A of this section shall have the authority to prepare, sign and serve misdemeanor citations pursuant to Nevada Revised Statutes chapter 171, as may be amended or renumbered, to enforce the provisions of this title.


C. The Director or his designee shall also have the authority to issue a "red tag/stop work order" for the following reasons:

1. No manager in charge present on the premises during business hours;

2. No massage therapist on the premises;

3. Refusal of the manager in charge, employee or other person to allow agents or officers of the division, Code Enforcement, the Police Department, or any State or County regulatory agency onto the premises for inspection to verify compliance with the provisions of this chapter;

4. Occurrence of a crime on the premises of the massage establishment related to the operations of the massage establishment or actions of an employee or independent massage therapist;

5. Existence of a threat to the public health, safety, welfare or morals;

6. A third violation of the provisions of this chapter by any employee, independent massage therapist or the massage establishment, or any combination thereof, in a six-month period;

7. Failure to comply with a plan of correction established between the division and the massage establishment or massage therapist during the time provided for in the plan of correction; or

8. Upon notice to the division or City from the board or other governmental agency of discipline against a massage establishment or its employees or independent massage therapists if the discipline is an indication that continued operation of the massage establishment or provision of massage therapy services may be a threat to the safety, welfare, health or morals of the City.

The "red tag/stop work order" shall direct the massage establishment employees, independent massage therapist, or unlicensed person performing massage to cease and desist from the activity, or activities designated in the "red tag/stop work order". The "red tag/stop work order" shall be given in writing by the Director or his designee to the massage establishment, its agents, or employees, or to unlicensed persons providing services in violation of this chapter, clearly stating the violation(s) being committed. The Director or his officers shall affix a copy of the "red tag/stop work order" to the public entrance(s) of the massage establishment in a prominent location. It shall be unlawful for any person to remove the "red tag/stop work order" from the public entrance(s) of the establishment without the express written authorization of the Director or one of his officers.


D. Any violation of a "red tag/stop work order", issued pursuant to subsection C of this section, shall be deemed a separate violation of this chapter and shall be cause to suspend, limit and/or revoke the massage establishment or independent massage therapist license. A notice of violation and civil penalty may be issued for each violation, for each and every day of continued violation.


E. When, in the course of enforcing the provisions of this title relative to emergency suspension or a "red tag/stop work order", the division shall have the authority to lock and seal the premises where the massage therapy services are being provided.


F. Any agents or officers of the division, Code Enforcement, the Police Department, or any State or County regulatory agency shall have access to every part and portion of the massage establishment or location where massage services are being provided at any time when a massage establishment is open for the transaction of business or massage therapy services are being provided, and after regular business hours if business is still being conducted, for the purpose of determining compliance with the provisions of this chapter.


G. Failure of the Director or agents or officers of the division, Code Enforcement, the Police Department, or any State or County regulatory agency to discover violations and/or take action to enforce any provision of this chapter shall not constitute a forfeiture or waiver of such person's right to take appropriate action at any time thereafter. Nothing in this chapter shall be construed as requiring the Director or agents or officers of the division, Code Enforcement, the Police Department, or any State or County regulatory agency to impose any penalty on a massage establishment or massage therapist, if the division, Police Department, or relevant agency deems the matter giving rise to a notice of violation has been corrected.


H. This section is supplemental to, and not exclusive of, enforcement measures available to other officials regarding this title. (Ord. 542, 8-28-2018, eff. 9-18-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19806#s1281511
2-6-22: UNLAWFUL TO OPERATE WITHOUT LICENSE - OUTSIDE JURISDICTION - SEPARATE LICENSE REQUIRED:linklink


A. It is unlawful for any person to operate a massage establishment or provide services as an independent massage therapist in the City without obtaining a massage establishment or independent massage therapist license and paying all fees in connection therewith as set forth in section 2-6-4 of this chapter.


B. It is unlawful for any person to provide massage therapy services in the City without first having obtained, and thereafter maintaining, a valid massage therapist license pursuant to Nevada Revised Statutes chapter 640C.


C. Any independent massage therapist who is based in any jurisdiction in Clark County, Nevada, other than the City and that wishes to come into the City to perform massage therapy, including chair massage, must first be licensed as a massage therapist by the board pursuant to Nevada Revised Statutes chapter 640C and must also obtain an independent massage therapist license from the City in accordance with this chapter.


D. Massage businesses that are based in any jurisdiction in Clark County, Nevada, other than the City and who wish to send massage therapists into the City to perform massage therapy, including chair massage, must first obtain a City massage establishment license in accordance with this chapter.


E. Any owner of a massage establishment who wishes to engage in the occupation of massage must have a valid, unexpired license from the board in addition to the massage establishment license required pursuant to this chapter.


F. It is unlawful for a massage establishment or manager in charge of a massage establishment to allow massage therapy to be performed at the massage establishment by a person not licensed as a massage therapist. (Ord. 542, 8-28-2018, eff. 9-18-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=19806#s1281512