Explanation
Recent investigations conducted by the Columbus Division of Police, Vice Section, as well as the Franklin County Sheriff's Office highlight the need for stronger ordinances governing the massage industry within the City of Columbus. Since 2001 both the Columbus Police and the Sheriff's Office have been receiving complaints about prostitution activity occurring at several massage establishments within the City. These complaints have come from law enforcement officers, neighbors of the establishments, as well as unsuspecting customers who thought they were getting a massage, and were instead offered sex acts in exchange for money. This proposed legislation addresses the shortcomings of the current code that came to light only after the most recent changes were made to the massage ordinances. It will provide law enforcement with better tools to combat the prostitution inside the establishments, and provide those in need of massage therapy a clearer understanding of the difference between those individuals licensed by the State and those registered by the City.
During a series of investigations into the massage establishments licensed by the City, the Columbus Police and the Franklin County Sheriff's Office have obtained the elements for soliciting and/or prostitution on twenty separate occasions. Multiple search warrants have been executed at the establishments, and two women have been charged with felony counts of promoting prostitution. This legislation restricts the activity permitted in a registered establishment and prohibits the type of behavior that has proven to be a segue into prostitution activity. Moreover, the power of inspection as granted by this legislation will allow both law enforcement and licensing personnel to enter the establishments and ensure compliance with the Code. These changes, among others, are effective tools to dissuade those who have been using massage establishments for the purpose of prostitution from operating in the City of Columbus.
The most significant proposed change involves switching from a system of licensing massage establishments and personnel to a registry of these businesses and individuals. The current City Code gives the title "licensed massage technician" to any individual who fulfills the minimal requirements of the City Code and pays the applicable fee. This is similar to the title of "licensed massage therapist" bestowed by the State Medical Board of Ohio upon those who have successfully completed extensive coursework in the areas of biology, anatomy, and physiology. Changing the title "massage technician" to "registered masseuse or masseur" removes the suggestion of an affiliation with the practice of medicine and will allow the public to make a more informed choice when seeking massage services.
Title
To amend Chapter 540 of the Columbus City Codes, 1959, relative to massage and bath establishments and the registration of masseuses and masseurs.
Body
WHEREAS, recent investigations conducted by the Columbus Division of Police, Vice Section, as well as the Franklin County Sheriff's Office highlight the need for stronger ordinances governing the massage industry within the City of Columbus; and
WHEREAS, during a series of investigations into the massage establishments licensed by the City, the Columbus Police and the Franklin County Sheriff's Office have obtained the elements for soliciting and/or prostitution on twenty separate occasions; and
WHEREAS, this legislation is needed to more effectively restrict the activity permitted in a registered massage establishment and to prohibit the type of behavior that has proven to be a segue into prostitution activity; and
WHEREAS, there is a need to change the terms used in the Columbus City Code relative to persons performing massages who are not licensed by the State Medical Board; now therefore,
BE IT ORDAINED BY COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That Chapter 540 of the Columbus City Codes, 1959, is hereby amended to read in its entirety as follows:
Chapter 540 Massage and Bath Establishments and Massage Technicians
540.01 Definitions
(A.) "Massage" means any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, moving, touching or stimulating of the external soft parts soft tissues of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice for a purpose other than the treatment of disorders of the human body the licensed practice of the limited branches of medicine, as defined in O.R.C. section 4731.15 under the jurisdiction of the State Medical Board of Ohio, including but not limited to therapeutic and relaxation massage.
(B) "Massage establishment" means any establishment having a fixed place of business where any person, firm, association or corporation engages in, or carries on, or permits to be engaged in or carried on any of the activities mentioned in subsection (A) above for any consideration whatsoever.
(C) "Bath establishment" means any establishment having a fixed place of business where any person, firm, association or corporation engages in, or carries on, or permits to be engaged in or carried on any activity involving any type of physical contact between a patron and an employee or operator, as defined in this section, when that contact is related to providing any form of sauna, shower, steam bath, electric light bath, shower bath, tub bath, hot tub bath, sponge bath, sun bath, mineral bath, Finnish, Swedish or Turkish bath, giving salt glows, administration of fomentation or public bathing in any form for any consideration whatsoever.
(D) "Out-call massage service" means any business, the function of which is to engage in or carry on massages at a location designated by the customer or client rather than at other than a massage establishment registered pursuant to this section.
(E) "Massage technician" "Registered Masseuse" or "Registered Masseur"means any person who, for any consideration whatsoever, engages in the practice of massage as defined in subsection (A) above.
(F) "Employee" means any and all persons, other than the massage technician, registered masseuse or masseur, who render any service to the operator and who receive compensation directly from the operator.
(G) "Person" means any individual, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
(H) "Operator" means the permit operator of a massage or bath establishment.
(I) "Sexual or genital area" means the genitals, pubic area, buttocks, anus or perineum of any person, or the vulva or breasts of a female. (Ord. 1682-77; Ord. 973-02 § 1 (part
540.02 License Registration required.
(A) No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises in the city of Columbus, the operation of a massage or bath establishment as herein defined unless such establishment shall be licensed under this chapter without first being properly registered with the City of Columbus in accordance with this chapter.
(B) No person shall engage in the business of or be employed as a massage technician registered masseuse or masseur in the city of Columbus unless he or she has obtained a license registered with the City of Columbus, Licensing Section. from the Section of Licenses. (Ord. 1682-77; Ord. 973-02 § 1 (part).)
540.03 Exemptions.
(A) The provisions of this chapter shall not apply to the following:
(1) Hospitals, nursing homes and public health centers licensed by the state of Ohio;
(2) The offices of a person who is licensed or registered by the state of Ohio Medical Board which that are used while performing the licensed or registered profession;
(3) A licensed barber shop, beauty salon, school of cosmetology, or barber school while used to perform the licensed vocation;
(4) The offices of a licensed chiropractor or physical therapist while used to perform the licensed profession.
(5.) Any establishment where all massage services are provided by persons exempted by this Section.
(B) The provisions of this chapter shall not apply to the following:
(1) A person licensed or registered by the State Medical Board of Ohio while performing the licensed or registered profession;
(2) Licensed cosmetologists, registered barbers, registered barber apprentices, licensed chiropractors, licensed practical nurses, registered nurses, licensed physical therapists, licensed physical therapist assistants while performing the said profession or vocation;
(3) A person working under the direction or supervision of individuals mentioned in subsections (B)(1) and (2) hereof while performing the said profession or vocation. (Ord. 2088-77; Ord. 973-02 § 1 (part).)
540.04 Application for massage or bath establishment license registration; fee.
(A) Application for a license registration to operate a massage or bath establishment including a renewal license registration as required by Section 540.02(A) shall be made pursuant to this chapter and Chapter 501 of the Columbus City Codes at the office of the Section of Licenses on a form provided. Each application shall include a filling fee of one hundred fifty dollars ($150.00) which shall not be refundable.
(B) The application for a license registration to operate a massage or bath establishment shall specify the services to be administered, the identity of any person who will be directly or indirectly engaged in managing or operating the establishment, and the proposed place of business therefor.
(C) In addition to the foregoing, the applicant for a license, registrant, including any partner of a partnership, and any officer or director of a corporate applicant and any stockholder holding more than ten (10) percent of the stock of a corporate applicant, shall furnish the following information:
(1) Name, address and social security number;
(2) A certified copy of the applicant's birth certificate which evidences that the applicant is at least eighteen (18) years of age;
(3) All residential addresses for the past three (3) years;
(4) The applicant's physical description, including height, weight, color of eyes and hair;
(5) The business, occupation or employment of the applicant for the three (3) years immediately preceding the date of application;
(6) The business history of the applicant regarding previous licenses or registrations obtained or refused from any governmental agency including revocations and suspensions and the reasons therefor;
(7) A set of fingerprints and a certified copy of applicant's Ccriminal history information, including date, time and place of convictions for all violations except traffic offenses as obtained from any local or state law enforcement agency;
(8) A set of fingerprints obtained by the division of police and a A recent two (2) inch by two (2) inch color photograph of the applicant;
(9) If the applicant is a corporation, or a partner of a partnership which is incorporated, the name of the corporation shall be set forth exactly as shown on its articles of incorporation. (Ord. 1682-77; Ord. 973-02 § 1 (part); Ord. 868-03 § 1 (part).)
540.05 Issuance of license registration for massage or bath establishment.
(A) The Section of Licenses, pursuant to the terms of this chapter and Chapter 501 of the Columbus City Codes, shall issue the license registration to an applicant to operate a massage or bath establishment at a specified location, unless the Section of Licenses finds:
(1) That the operation, as proposed by the applicant, if permitted, would not be in compliance with applicable laws, including, but not limited to, the building, health, planning, housing, zoning and fire codes of the city of Columbus, as well as the provisions of this chapter.
(2) That the application does not contain all the required information or the application contains a material misrepresentation;
(B) The Section of Licenses may refuse to issue a license register in accordance with this chapter to operate a massage or bath establishment if the any applicant, or any other person who will be directly or indirectly engaged in the management or operation of the establishment, who has been convicted of any crime involving prostitution violation of Chapter 2907 of the Ohio Revised Code or similar state or local law, or who has been convicted of any crime related to the operation of any massage or bath establishment in any jurisdiction.
(C) A massage or bath establishment license issued certificate of registration issued pursuant to this chapter shall terminate at the expiration of one (1) year from the date of its issuance unless subject to suspension or revocation. (Ord. 1682-77; Ord. 973-02 § 1 (part).)
540.06 Revocation or suspension of establishment license.
(A) The Section of Licenses may refuse to renew revoke or suspend a massage or bath establishment license registration or may revoke or suspend such license where it finds:
(1) A section of this chapter or Chapter 501 of the Columbus City Codes was violated upon the establishment premises;
(2) A violation of the Ohio Revised Code or Columbus City Codes was committed upon the establishment premises, and was reasonably related to the management or operation of the establishment;
(3) A material misrepresentation was made upon the application for an establishment license registration;
(4) An operator, or employee or agent of the operator, hindered, obstructed or prevented any inspection of the establishment authorized by this chapter or Chapter 501 of the Columbus City Codes;
(5) A person who is not a licensed massage technician registered masseuse or masseur has administered a massage at the premises of the massage establishment.
(B) The refusal to renew, suspension or revocation of a massage or bath establishment license registration shall be made pursuant to the provisions of this chapter and Chapter 501 of the Columbus City Codes and the appeal of any such order shall be pursuant to the provisions of Chapter 505 of the Columbus City Codes. (Ord. 1682-77; Ord. 973-02 § 1 (part).)
540.07 Application for massage technician license masseuse or masseur registration; fee.
(A) Application for the license masseuse or masseur registration required by Section 540.02(B) including a renewal license masseuse or masseur registration shall be made pursuant to the terms of this chapter and Chapter 501 of the Columbus City Codes at the office of the Section of Licenses on a form provided. Each application shall include a filing fee of seventy-five dollars ($75.00) which shall not be refundable.
(B) The application for a permit registration to operate as a massage technician registered masseuse or masseur shall contain the following information:
(1) Applicant's Name, residence address and social security number;
(2) A physical description setting forth the applicant's weight, height, hair color and color of eyes;
(3) A recent two (2) inch by two (2) inch color photograph of the applicant. applicant and a set of fingerprints obtained by the division of police;
(4) A certified copy of the applicant's birth certificate which evidences that the applicant is at least eighteen (18) years of age;
(5) The business, occupation and employment of the applicant for a three (3) year period preceding the date of application;
(6) (5) A copy of applicant's state of Ohio and nationwide current criminal history information, including date, time and place of convictions for all violations except traffic offenses. Current criminal history must be obtained by the applicant from the Columbus Division of Police or the Franklin County Sheriff's Office and sent to the City of Columbus, License Section. Any costs associated with obtaining the required criminal history shall be incurred by the applicant.
(7) Certification that the applicant has satisfactorily completed 160 hours of course instruction in anatomy, physiology and massage at a school of massage approved by the Ohio State Medical Board. (Ord. 1682-77; Ord. 973-02 § 1 (part); Ord. 868-03 § 1 (part).)
540.08 Issuance of license registration for a massage technician masseuse/masseur.
(A) The Section of Licenses pursuant to this chapter and Chapter 501 of the Columbus City Codes shall issue the license register the applicant to engage in the business of or be employed as a massage technician registered masseuse or masseur in the city of Columbus upon receipt of an application, unless the Section of Licenses finds:
(1) That the application does not contain all the required information or the application contains material misrepresentations.
(B) The Section of Licenses may refuse to issue a license a certificate of registration to an applicant to engage in the business of, or be employed as, a massage technician registered masseuse or masseur if the applicant has been convicted of any crime involving prostitution violation of Chapter 2907 of the Ohio Revised Code or any similar state or local law or has been convicted of any crime related to the operation of any massage or bath establishment in any jurisdiction.
(C) A massage technician license certificate of registration issued pursuant to this chapter shall terminate at the expiration of one (1) year from the date of its issuance unless subject to suspension or revocation. (Ord. 1682-77; Ord. 973-02 § 1 (part).)
540.09 Revocation or suspension of massage technician license massage registration.
(A) The Section of Licenses may refuse to renew revoke or suspend a massage technician license registration or may revoke or suspend such license where it finds that the massage technician registrant has been convicted of any crime involving prostitution violation of Chapter 2907 of the Ohio Revised Code or any similar state or local law or has been convicted of any crime related to the operation of any massage or bath establishment.
(B) The refusal to renew, suspension or revocation of a massage technician license registration shall be pursuant to the provisions of this chapter and Chapter 501 of the Columbus City Codes and the appeal of any such order shall be pursuant to the provisions of Chapter 505 of the Columbus
540.10 Required facilities.
No license registration to conduct operate a massage or bath establishment shall be issued, renewed or continued unless an inspection discloses that the establishment complies with each of the following minimum requirements:
(A) A readable sign shall be displayed at the main entrance identifying the establishment as a massage establishment, provided also that all such signs shall be in compliance with the city of Columbus Graphics Code;
(B) Adequate equipment for disinfecting and sterilizing any instruments or apparatus used for massage or bath services is provided;
(C) Hot and cold running water is provided;
(D) Closed cabinets are utilized for the storage of clean linen;
(E) Adequate dressing and toilet facilities are provided for patrons' use;
(F) All walls, ceilings, floors, steam or vapor rooms and all other physical facilities for the establishment are kept in good repair and maintained in a clean and sanitary condition.
(G) Clean and sanitary towels and linen are provided for patrons receiving massage or bath services. No common use of towels or linen shall be permitted. (Ord. 1682-77; Ord. 973-02 § 1 (part).)
540.11 Operating requirements.
(A) No license to conduct a massage or bath establishment or to engage as a massage technician shall be issued, renewed, or continued unless each of the following provisions are complied with by the massage or bath establishment and/or massage technician:
(1) No massage technician shall administer a massage unless completely clothed in clean non-transparent garments at all times. The term "completely clothed" shall mean having on the upper portion of the body undergarments and either a blouse or shirt which covers all the upper body except the arms and on the lower body undergarments plus either pants or a skirt.
(2) The patron's private parts shall be covered by a towel, cloth, or undergarments when in the presence of a massage technician or massage or bath establishment employee.
(3) A massage technician shall display his or her license in a conspicuous place where the massage is being administered and where it is visible to the patron.
(4) A massage or bath establishment shall display its license in a conspicuous place where it is visible to all patrons entering the establishment.
(5) A massage technician shall not administer a massage to an individual of the opposite sex.
(6) The massage or bath establishment premises shall be subject to inspection by the Section of Licenses or its duly authorized representatives during the establishment's working or operating hours for the purpose of ensuring compliance with the provisions of this chapter.
(7) No massage technician or massage or bath establishment employee or operator shall fondle, touch or massage the sexual or genital area of any patron.
(8) A massage or bath establishment operator shall provide the names of all employees and any licensed massage technician working for the establishment to the Section of Licenses within two (2) days of the date the individual is employed.
(B) No massage technician registered masseuse or massage or bath establishment operator or employee shall knowingly recklessly violate a provision of Section 540.11(A). (Ord. 1682-77; Ord. 973-02 § 1 (part).)
540.11 Prohibitions
(A) No owner or operator of a massage or bath establishment shall recklessly do any of the following:
(1) Employ an un-registered masseur or masseuse;
(2) Employ any person under the age of eighteen; or
(3) Fail to post at the massage or bath establishment the current massage or bath establishment certificate
or registration as well as the registrations of all masseuses or masseurs working at the establishment.
(B) No registered masseuse or masseur shall fail to display his or her certificate of registration in a conspicuous place where the massage is being administered and where it is visible to the patron.
(C) No person shall recklessly do any of the following while administering a massage to another individual:
(1) Place his or her hand upon, touch with any part of his or her body, fondle in any manner, or massage the sexual or genital area of themselves or of any other person;
(2) Perform, offer, or agree to perform any act which would require the touching of the sexual or genital area of themselves or of any other person;
(3) Touch, offer, or agree to touch the sexual or genital area of themselves or of any other person with any mechanical or electrical apparatus or appliance; or
(4) Wear unclean clothing, no clothing, transparent clothing, or clothing that otherwise reveals the sexual or genital areas of the masseur or masseuse.
(D) No registered masseur or masseuse shall perform massage at a massage or bath establishment that does not have a current, valid certificate of registration issued by the City of Columbus.
(E) No registered masseuse or masseur shall use the title "Licensed Massage Therapist" or the initials "L.M.T." or hold him or herself out to be so licensed unless licensed by the State Medical Board of Ohio.
(F) No massage or bath establishment shall permit any registered masseuse or masseur while employed by the establishment to use the title "Licensed Massage Therapist" or the initials "L.M.T." or hold him or herself out to be so licensed unless licensed by the State Medical Board of Ohio.
540.12 Authority to Conduct Inspections
(A) Upon display of the proper credentials, any License Officer or any other law enforcement officer authorized to enforce this chapter shall be granted entry to a massage or bath establishment at any time the establishment is open for business for the purpose of conducting an inspection to ensure compliance with this chapter.
(B) No person shall deny access to or in any way impede any License Officer or any other law enforcement officer authorized to enforce this chapter conducting an inspection of a registered massage or bath establishment, or any portion thereof, or fail to cooperate with the inspecting officials.
(C) No registered masseuse or masseur shall fail to provide their current City registration upon request by any License Officer or any other law enforcement officer authorized to enforce this chapter.
(D) No massage or bath establishment operator shall fail to provide a current massage or bath establishment registration upon request by any License Officer or any other law enforcement officer authorized to enforce this chapter.
540.12 540.13 Out-call massage service.
No massage technician registered masseuse or masseur or massage or bath establishment shall provide "out-call massage services" which are not in compliance with the provisions of this chapter. (Ord. 1682-77; Ord. 973-02 § 1 (part).)
540.13 540.14 Transfer of licenses.
(A) No license registration issued under this chapter shall be transferable to another person or location without the express written authorization of the Section of Licenses.
(B) The change of ownership or location of a massage or bath establishment shall require the submission of a new application and the issuance of a new license registration. (Ord. 1682-77; Ord. 973-02 § 1 (part).)
540.14 540.15 Rules and regulations.
The Section of Licenses may make and enforce reasonable rules and regulations to carry out the intent of this chapter in accordance with Sections 501.05 and 501.06 of the Columbus City Codes. (Ord. 1682-77; Ord. 973-02 § 1 (part).)
540.15 Application to current practices.
(A) Any person who is actually engaged as a massage technician or an operator of a massage establishment upon the effective date of this section, shall have sixty (60) days from that day to comply with the provisions of this chapter.
(B) Provided, however, a person operating as a massage technician on the date of passage of this section and who is otherwise operating in compliance with this chapter and who enrolls within sixty (60) days from the effective date of this section in a school of massage, approved by the State Medical Board of Ohio, may continue to operate as a massage technician so long as said enrollment continues, but not to exceed a period of one (1) year.
(Ord. 1682-77; Ord. 973-02 § 1 (part).)
540.16 Severability.
In the event any section or provision of this chapter shall be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this chapter as a whole or any part thereof other than the part so declared to be invalid or unconstitutional. (Ord. 1682-77; Ord. 973-02 § 1 (part).)
540.17 540.99 Penalty.
Whoever violates any provision of this chapter shall be guilty of a misdemeanor of the first degree. (Ord. 973-02 § 1 (part).)
Section 2. That any person who is actually engaged as a licensed massage technician, licensed masseuse or masseur, or a licensed operator of a massage or bath establishment upon the effective date of this ordinance, shall have sixty (60) days from that day to comply with the registration provisions enacted by this ordinance. Provided, however, that a person operating as a massage technician on the date of assage of this ordinance and who is otherwise operating in compliance with Chapter 540 of the Columbus City Codes and who attends within sixty (60) days from the effective date of this ordinance a school of massage, approved by the State Medical Board of Ohio, may continue to operate as a masseuse or masseur so long as said attendance continues, but not to exceed a period of one (1) year.
Seton 3 That this ordinance shall take effct and be in force from and after the earliest period allowed by law.