Article 10-5 LICENSING OF MASSAGE PARLORS AND MASSEURS

10-501     Definitions.

     (a)  The word "massage" means a manual or mechanical manipulation of the parts of the body, as by rubbing, kneading, slapping or the like used to promote circulation, relax the muscles, and so on, as in deep muscle therapy and/or by the use of turkish, russian, swedish, vapor, electric, salt, mineral, magnetic, hydro or other kind or character of baths.

     (b)  A "masseur" is any person, not otherwise duly licensed by the department of registration of the State of Wyoming to practice those treatments referred to above, who engages in, conducts, or carries on the giving of treatments to another person by the application of manual and/or mechanical manipulation or massage, fomentation bath, or electric massage procedure, heat, light, exercise, or other similar procedures, for a fee.

     (c)  A "massage parlor" is a public or private establishment where licensed masseurs are hired, individually, or act as an association, firm, or corporation which engage in, conduct, carry on, or permit to be carried on, any business of giving massages. Provided, sole practitioners utilizing a private home where advertising is limited to a non-illuminated name plate not exceeding one and one-half square feet in area shall not be considered a massage parlor for the purpose of this Ordinance. (Ord. No. 2146, 10-1-73).

10-502     License Required.

     It shall be unlawful for any person to operate, conduct, carry on or maintain a massage parlor or engage in the business of a masseur in the City of Rock Springs without first obtaining a license to do so. (Ord. No. 2146, 10-1-73).

10-503     License Fee.

     The license fee for a massage parlor shall be One Hundred ($100.00) Dollars per annum, and for a masseur shall be Ten ($10.00) Dollars per annum, payable in advance. (Ord. No. 2146, 10-1-73).

10-504     Application for License.

     Every person desiring a masseur or massage parlor license shall apply to the Mayor and City Council and shall file with said application the following:

     (a)  A statement under oath showing the street, building and room number of the place where he proposes to conduct, operate, carry on or maintain such massage parlor or engage in the pursuits of a masseur.

     (b)  A statement setting forth the exact nature of the business or pursuits to be conducted, maintained or carried on in said massage parlor or by said masseur.

     (c)  A certificate signed by at least three (3) reputable residents of the City of Rock Spring testifying as to the moral character of the applicant.

     (d)  A certificate from a licensed physician certifying that each masseur applicant, or in the case of a massage parlor applicant, his employees, is/are free from communicable disease.

     (e)  A certificate showing that:

          (1)  The applicant has practiced as a massage therapist for a period of at least five (5) years prior to the date of this Ordinance; or

          (2)  That the applicant is a graduate of a massage and therapy school approved by the American Massage and Therapy Association; or

          (3)  Is a fully accredited member, in good standing, of the American Massage and Therapy Association. (Ord. No. 2146, 10-1-73).

10-505     Investigation of Applicants

     Applications for licensing as a massage parlor or as a masseur shall be referred to the Chief of Police and the Rock Springs City Board of Health for investigation and recommendation as to the moral character of the applicant and the sanitary conditions of the premises to be used. These findings shall be delivered to the City Clerk for referral to the Mayor and City Council. (Ord. No. 2146, 10-1-73).

10-506     Unlawful Conduct.

     No sexual acts prohibited by law shall be performed by masseurs, massage parlor licensees or their employees. Further, no massage shall be given in a locked room or enclosure. (Ord. No. 2146, 10-1-73).

10-507     Health Standards.

     When the City Board of Health has probable cause to believe that the examination of a masseur for communicable diseases is necessary for the health and safety of the masseur or the public, it may require a masseur to submit to a physical examination of a type to be determined by said Board of Health. All massage parlor establishments, or private homes utilized by such practitioners, must meet the State and City Board of Health regulations. (Ord. No. 2146, 10-1-73).

10-508     Issuance.

      Upon receipt of the reports and recommendations from the Chief of Police and the City Board of Health as to the moral character of the applicant, sanitary conditions of the premises used, fees, character reference certificate, and physical certification of the applicants health, the Mayor and City Council shall issue a license. Provided, no license shall be granted to an applicant who has been convicted of any crime involving moral turpitude, in any court, or who has a communicable disease. (Ord. No. 2146, 10-1-73).

10-509     Display of License.

     Every massage parlor licensed under this Ordinance shall display, and every masseur licensed under this chapter shall display, its or his massage parlor license or masseur's license in a conspicuous place on the licensed premises together with a notice listing all persons employed on the premises. This notice shall at least be in type of 18-point size. (Ord. No. 2146, 10-1-73).

10-510     Revocation of License.

     Any unlawful conduct, whether the omission to perform an act required by this Ordinance, or an act prohibited by this Ordinance, or conviction of any crime involving moral turpitude, in any court, shall be cause for revocation of a massage parlor license or masseur's license. The holder of a massage parlor license shall have his license revoked for any and all acts or omissions of his employees, which are either prohibited or required by any provisions of this Ordinance. (Ord. No. 2146, 10-1-73).

10-511     Penalties.

     In addition to the revocation of licenses outlined above, any person violating any provisions of this Ordinance shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not more than Two Hundred ($200.00) Dollars, or imprisonment not exceeding three (3) months, to which may be added costs. (Ord. No. 2146, 10-1-73).

10-512     Severability.

     In the event that any provision of this Ordinance is declared invalid for any reason, the remaining provisions shall remain in effect. (Ord. No. 2146, 10-1-73).