HomeMy WebLinkAbout10210-12 Amending Chapter 2 Addressing Massage Establishments and Massage Therapy ORDINANCE No . 1O21O12
Passed by the Common Council of the City of South Bend,Indiana
December 10, 2012
Attest: City Clerk
JOHN VOOR NEE
6
Attest: \ President of Common Council
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Presented by me to the Mayor of the City of South Bend, Indiana
December 11, 2012
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City Clerk
JOHVO DE
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Approved and signed by me 1) t C CAI 6 I g. 13 20 12.
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Ordinance No. t 2-10- I. -
Bill No. (a S -12
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 2 ARTICLE 4, SECTION 4-35 OF THE SOUTH BEND MUNICIPAL
CODE ADDRESSING MASSAGE ESTABLISHMENTS AND MASSAGE THERAPY
STATEMENT OF PURPOSE AND INTENT
The City of South Bend, Indiana, has regulated massage therapy and massage establishments,
based on public health and safety concerns for the past forty (40) years in conjunction with the St.
Joseph County Health Department.
In light of the recent amendments to the Indiana Code addressing massage therapy and
massage establishments, changes to the local licensing procedures are needed.
The following ordinance has been drafted in consultation with the St. Joseph County Health
Department. Proposed amendments are consistent with the governing Indiana law codified in the
seven (7) Chapters of Indiana Code § 25-21.8; as well as the governing provisions of the Indiana
Administration Code (IAC) set forth in the rules codified in 847 IAC 1-1-1 et seq. This ordinance is
based on public health and safety considerations, and is believed to be in the best interests of the City
of South Bend, Indiana.
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Section I. Chapter 2, Article 4, Section 4-34 of the South Bend Municipal Code is amended to
read as follows:
Sec.4-35 Massage Establishments and Massage Therapy. Technicians.
(a) Definitions. As used in this section: 1
(1) Applicant means any person applying for a license under this Section, whether for a
new or renewal license
a) Disinfection. A process that destroys all microorganisms, with the exception of
1 Indiana Code§ 25-21.8-1-1,et seq.sets forth additional definitions.
Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy
Page 2
high numbers of bacterial spores through the use of high temperature or an Environmental Protection
Agency registered tuberculocidal disinfectant.
(I) Health Department means the St. Joseph County Health Department.
(4) Health Officer means the St. Joseph County Health Officer or his or her duly
authorized representative.
(5) Indiana State Board of Massage Therapy means the board established by Indiana
Code § 25-21.8-2 to provide for the certification of persons who claim to be Certified Massage
Therapists or Massage Therapists.
(6) Indiana State Massage Therapist Certificate means a certificate issued by the
Indiana State Board of Massage Therapy for persons who claim to be Certified Massage Therapists or
Massage Therapists.
(7) Inspection means an onsite review of the massage establishment and any other
portion of the establishment and associated records as deemed necessary by authorized city employees
and by the Health Department.
(8) Massage Establishment means any business located in a building, room, place or
establishment, utilized for the practice of massage therapy, other than:
(i) A Recognized School of massage therapy; or
(ii) An ISDH licensed medical facility.2
(9) (1-) Massage Therapy means the manipulation of superficial and deeper layers of
the muscle and connective tissue using various techniques, to enhance function, aid in the healing
process, or promote relaxation and well-being with the hand, fingers, elbows, knees, feet and legs.
Massage therapy involves working and acting upon the body with pressure through structured and
unstructured, stationary, or moving .tension, motion, or vibration, performed manually or with
mechanical aids. Target tissues may include muscles, tendons, ligaments, fascia, skin,joints, or other
connective tissue, as well as lymphatic vessels, or organs or the gastrointestinal system. Target tissue
specifically excludes the genitals or female breasts. any method of pressure on or friction against, or
2 ISDH refers to the Indiana State Department of Health.
Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy
Page 3
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, with or without
supplementary aids such as rubbing ale: - . , ••••• - , • . ' , .• , .. . , .•• --- - ,
other similar preparations commonly used in the practice of massage.
(2) Massagc establishment means any establishment having a fixed place of business
where any person engages in, conducts, carries on, or permits to be engaged in, conducted or carried
on, the massages or baths.
(10) (4) Massage Therapist technician means any person who Massage therapist" an
individual who practices massage therapy. . . - . . •. .. . , _ .
administers a massage or bath to a patron.
(11)(4) Person means any person, association, firm,partnership or corporation.
(12) (5) Patron means any person who receives a massage er-beth from a massage
therapist technician. with a patron also meaning a customer.
(13) (6)Recognized school of massage means any school or institution of learning•
which . • .. .. - . - _ . - - - -. , - -• , . . • -, -- - -:, : - - - - -
massage technicians; this school or institution of learning has been approved by the American Massage
one thousand (1,000) hours to be given in not less than six (6) calendar months before the student shall
showing the successful completion of said course. Schools offering a correspondence course not
requiring actual attendance of class shall not be deemed a recognized school. is a member in good
standing of at least one(1) of the following:
The American Massage Therapy Association
(ii) The American Medical Massage Therapy Association
(iii) The National Certification Board for therapeutic Massage and Bodywork
(iv) A state agency or a board or other organization established by Indiana
state law which has as its purpose the regulation or monitoring of the
massage industry and/or therapists in the State of Indiana;
(v) A school, as determined by the Health Department, which has for its
purpose the teaching of the theory, ethics, practice methods, and
profession or work of massage therapy and which requires that a student
successfully complete a course of study of not less than five hundred
Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy
Page 4
(500) credit hours of classroom instruction in massage therapy and
related training.
(14) Sterilize means the use of a physical or chemical procedure to destroy all microbial
life, including highly resistant bacterial endospores.
(b) Exemptions from section. This section of the South Bend Municipal Code shall have no
application to and no effect on the following:
the State of Indiana, and physicians, surgeons, chiropractors, osteopaths or physical
under their direction and control.
(2) Barbershops and beauty parlors,barbers and beauticians licensed under the laws of
the State of Indiana provided that such massage as is practiced is limited to the head and
(3) Accredited schools and colleges and coaches and trainers therein while acting
within the scope of their employment; and not for profit community supported
agencies.
(c) Massage establishment license required;procedure for filing application; issuance. It shall
be unlawful for any person to engage in, conduct, or carry on, in or upon any premises within the City
of South Bend the business of a massage establishment without a license issued pursuant to the
provisions of this section for each and every such massage establishment.
(1) Application; contents:
a. An application for a license to operate a massage establishment shall be filed
on or before February 28 of each calendar year with the Board of Public Works
upon forms provided by the City Controller's Office, and such application shall
be verified under oath.
b. The filing of an application for a license does not authorize conducting a
massage establishment business until such license has been granted. However, a
Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy
Page 5
person may operate a massage establishment or practice massage therapy
without obtaining a license if the person is a:
1. State of Indiana licensed professional nurse, registered nurse,
physician, chiropractor, osteopath, physical therapist, or physical
therapist assistant with their license displayed in a prominent
location;
2. Student enrolled in a Recognized School and performing massage
therapy only as part of his or her training requirement;
3. Athletic trainer who has received training in massage therapy and
who is providing therapy in a training facility that has sufficient
space and training equipment to serve ten (10) customers at once; or
4. State of Indiana of licensed esthetician who is only performing
manipulation of the skin at a State of Indiana licensed salon with the
license displayed in a prominent location. An esthetician may not
perform massage therapy of the muscle or connective tissue without
obtaining a massage therapy license.
c. Each applicant shall furnish the following information:
1. The legal name of the applicant.
2. The present address and telephone number(s) including cell number
of the applicant.
3. The previous addresses, if any, for a period of three (3) years
immediately prior to the date of application and the dates of such
residence.
4. The date of birth.
5. Three (3) passport size photographs one (1) inch by one (1) inch
taken within six (6)months of the date of application.
Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy
Page 6
6. The business, occupation or employment history for three (3) years
immediately preceding the date of application, including but not limited
to, whether such person previously operating under a permit or license in
another city in this or another state has had such license suspended or
revoked, the reason therefore and the business activity or occupation
subsequent to such action of suspension or revocation.
7. All convictions, including ordinance violations, exclusive of traffic
violations, with a brief statement of the nature of the convictions and the
jurisdiction in which the convictions occurred.
8. If the applicant is a corporation, the name of the corporation shall be
set forth exactly as shown in its article of incorporation or charter,
together with the state and date of incorporation, and the names and
addresses of each of its current officers, directors and each stockholder
who owns fifteen (15) percent or more of the stock of the corporation,
and the application shall be verified by an officer of the corporation. If
the applicant is a partnership, the application shall set forth the name and
residence address of each of the partners, including limited partners, and
the application shall be verified by each partner. If one or more of the
partners is a corporation, the provisions of this section pertaining to a
corporate application shall apply to the corporate partner. If the applicant
is neither a corporation nor a partnership the application shall set forth
the full name and address of the applicant and be verified by the
applicant. The applicant for massage establishment license shall set forth
the proposed place of business and the facilities therefore, together with
a detailed description of the nature and scope of the proposed business
operation.
9. Irrespective of all other conditions or requirements, a massage
establishment license or massage therapy license shall not be issued to
anv person who has been convicted of a felony in any state or county
involving a sex act.
Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy
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(2) Review and recommendations: Application for licenses under this article shall be
referred to the proper offices for formal review and recommendation and each shall
report their findings to the Board of Public Works Safety. The Health Department,
subject to the terms and conditions of an Inter-Local Governmental Agreement, shall
conduct inspections to determine compliance with health and sanitation requirements.
Applicants shall cooperate with any review conducted pursuant to the provisions of this
article and shall permit access to the proposed place of business and facilities in
conjunction with any such review.
(3) Public hearing and notice: Upon the filing of an application, the Board of Public Works
Safety shall fix a time and place for a public hearing thereon. Written notice of hearing shall be
given to the applicant. Due notice shall also be given to the general public by publication of
such notice one time in a local newspaper of general circulation. Any interested person may file
with the Board of Public Works Safety a memorandum in support of or in opposition to the
issuance of a license.
(4) Granting of license: Within thirty(30) days of the receipt of an application and after
proper publication and receipt of the aforesaid recommendations the Board of Public
Works Safety shall conduct a public hearing and shall instruct the City Controller to
issue a license to operate a massage establishment if it is found that:
a. The application reasonably conforms to the provisions of this section.
b. The applicant has not knowingly made a material misrepresentation in the
application for a license.
c. The applicant has reasonably cooperated in the review of his application.
d. The massage establishment as proposed by the applicant would comply with
all applicable laws, including but not limited to the City's building, zoning,
health, fire and safety regulations.
e. The applicant if an individual, or any of the stockholders of the corporation,
any officers or directors, if the applicant is a corporation, or any of the partners,
including limited partners, if the applicant is a partnership, have not been
convicted of any crime involving unlawful deviate conduct, deviate sexual
conduct, or unlawful sexual conduct, as defined in Title 35 of the Indiana Code,
within three(3) years prior to the date of application.
Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy
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f. The applicant has not had a massage establishment license or a massage
technician permit or other similar license or permit denied or revoked for cause
by this City or any other city located in or out of this State within the three (3)
years prior to the date of application.
g. The applicant, if an individual, or any of the officers and directors, if the
applicant is a corporation, or any of the partners, including limited partners, if
the applicant is a partnership, is eighteen (18) years of age.
h. The applicant, if a corporation, is licensed to do business and is in good
standing in the State of Indiana.
i. The massage establishment as proposed by the applicant would comply with
the requirements of this Article.
(5) Inspection of Massage Establishment: The Health Department shall inspect
massage establishment locations to determine compliance with this Section.
Inspections are to be made at reasonable times with due regard to the nature of the
business to be inspected.
.(6) License fee:
a. The fee for an annual license to operate a massage establishment shall be ene
hundred twenty dollars ($120.00) two hundred dollars ($200.00) payable to the
City of South Bend Controller at the time of the issuance of said license, and
shall be subject to the addition of a late penalty if not timely filed.
b. The annual license shall be effective from February 1 to January 31 March 1
to last day of February of the year for which the license is issued.
c. The license to operate a massage establishment shall include the following:
1. The name and address of the applicant.
2. The name and address of the massage establishment.
3. The date of issuance.
and must be prominently displayed for full viewing by the customer on the
premises of the permitted establishment at all times during business hours. Only
persons who own a facility that meets all of the application provisions of this
Section shall be entitled to receive and retain such a license.
Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy
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(d) Massage tcchnician's Therapy license required. It shall be unlawful for any person to
perform massage therapy act as a massage technician unless he or she has a valid license
issued pursuant to the provisions of this Article.
(1) Application; contents:
a. An application for a license to perform massage therapy act as a massage
technician shall be filed on or before February 28 of each calendar year with the
City Controller upon forms provided by the City Controller's Office and such
application shall be verified under oath.
b. The filing of an application for a license does not authorize acting as a
massage technician until such license has been granted.
c. Any applicant for a massagc technician license to perform massage therapy
shall provide:
1. The legal name of the applicant;
2. The current address where the applicant will reside while performing
massage therapy in the City of South Bend;
3. A copy of the applicant's driver's license or government issued
identification;
4. A copy of the applicant's Indiana State Board of Massage Therapy
Certificate;
5. A copy of the applicant's diploma or certificate of graduation from a
recognized school of massage therapy where he or she received
training in massage therapy;
6. The name of the massage establishment at which the applicant is or
expects to be employed, if any; and
7. Other related information as may be deemed reasonable and
necessary by the Office of the City Controller to determine the
validity of the diploma or certificate from a recognized school.
furnish all the information required by subsection (c)(1) of this section. In
addition, the applicant shall furnish proof of the following:
1. Certificate from a medical doctor, licensed to practice in the State of
Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy
Page 10
immediately preceding the date of application, been examined and found
to be free of any contagious or communicable diseases.
2. A diploma or certificate of graduation from a recognized school if
any
3. The massage establishment, if any, at which the applicant expects to
d. The massage establishment where the applicant intends to work must possess
a current massage establishment license issued by the City of South Bend.
e. If the Indiana State Board of Massage Therapy ceases to require background
checks for applicants or validate the massage therapy school which provided training to
the applicant,the following shall be required instead:
1. The applicant shall cause to be provided to the Office of the City
Controller, clear, verifiable, and convincing information that the school
that provided the applicant's training in massage therapy is a Recognized
School as defined in this Section and the applicant received a
certification or diploma in massage therapy that included five hundred
(500) hours of applicable classroom training. This information shall
include one of the two items listed below:
i. A statement from one (1) of the organizations listed in the
definition of Recognized School that the school is a member in
good standing; or
ii. Information adequate for the Office of the City Controller to
determine that the school is a recognized school and the applicant
completed the required training. In making this determination,
the Office of the City Controller may require the following:
(1) Licensing or membership information showing that
the school is a Recognized School;
(2) Requirements for a student to obtain a certification or
diploma;
(3) Information concerning suspension or cancelation of
any massage licenses, approval, of certifications in the
last ten (10) years;
(4) Transcripts of classroom study;
Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy
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(5) A certification of graduation or diploma showing the
applicant completed the training required; and
(6) Other information as may be deemed reasonable and
necessary for the Office of the City Controller to
determine that the school is a Recognized School and the
applicant for a license has obtained the required training,
c_ertification or diploma.
(2) Review and recommendations: Applications for licenses under this section shall be
referred to the proper offices for formal review and recommendations and each shall
report their findings to the City Controller's Office.
(3) Granting of license: Within thirty (30) days of receipt of the application and
aforesaid recommendations, the City Controller shall issue a massage license if it is
found that:
a. The application reasonably conforms to the provisions of this section.
b. The applicant has not knowingly made a material misrepresentation in the
application for a license.
c. The applicant has reasonably cooperated in the investigation of his
application.
d. The applicant has not, within three (3) years immediately preceding the date
of application,been convicted of the crimes of unlawful deviate conduct, deviate
sexual conduct or unlawful sexual conduct as defined in Title 35 of the Indiana
Code.
e. The applicant has furnished an acceptable diploma or certificate of
graduation from a Recognized School or, in lieu thereof, has demonstrated
competence and proficiency to the satisfaction of the City Controller pursuant to
the requirements of this Section through continuous experience as a massage
f. The applicant has not previously had a massage technician's license or a
similar license denied or revoked for cause by this City or by any other city in
this or any other state within three (3) years of the date of application.
g. The applicant is eighteen(18) years of age.
Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy
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(4) License fee:
a. The fee for an annual license to perform massage therapy act as a massagc
technician shall be seventy-five dollars ($75.00) fifty five dollars ($55.00)
payable to the City of South Bend Controller at the time of the issuance of such
permit, and shall be subject to the addition of a late penalty if not timely filed.
b. The annual license shall be effective from February 1 to January 31 March 1
to last day of February of the year for which the permit is issued.
(5) Denial: If a license is denied, the applicant may appeal to the Mayor for a hearing
pursuant to Section 4-16 of this Chapter.
(e) Facilities. Every massage establishment shall maintain facilities meeting the following
requirements:
(1) Zoning: Every massage establishment shall be operated or conducted only in
districts permitted by the City zoning chapter of the South Bend Municipal Code.
(2) Sign: A recognizable and legible sign shall be posted at the main entrance
identifying the establishment as a massage establishment. It shall comply with all
applicable ordinances and State laws on sign requirements.
(3) Security lockers: Every massage establishment shall be equipped with security
lockers capable of being locked by the patron. A sufficient number of security lockers
shall be provided so that each patron may properly secure and store his clothing and
other personal valuables.
(4) Separate facilities for male and female patrons: If male and female patrons are to be
served simultaneously, such massage rooms, dressing facilities, restrooms and sauna
rooms as are provided shall be separate facilities for male and female patrons and each
separate facility or room shall be clearly marked as such. Said separated facilities shall
consist of the following: One shower; one washbasin; one restroom facility; one
dressing facility and one massage room incapable of being locked from the interior. A
shower shall be a single person shower and no one except the customer shall use or
enter the shower. Every massage establishment shall have washbasins equipped with
both hot and cold water, anti-bacterial soap, sanitary towels and a door equipped with a
lock for privacy.
Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy
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(5) Facilities for employees: A minimum of one separate washbasin shall be provided
in each massage establishment for the use of employees of any such establishment,
which basin shall provide soap or detergent and hot and cold running water at all times
and shall be located within or as close as practical to the area devoted to the performing
of massage services. In addition, there shall be provided sanitary towels in permanently
installed dispensers at each washbasin.
(6) Size and lighting: Minimum lighting shall be provided in accordance with the
municipal building code, and in addition, at least one artificial light of not less than
forty(40) watts shall be provided in each room or enclosure where massage services are
performed on patrons. Lighting in or on the establishment in colors other than white or
natural is prohibited. Such rooms shall have at least fifty (50) square feet of clear floor
area.
(7) Ventilation: Minimum ventilation shall be provided in accordance with the
municipal building code.
(8) Equipment: All equipment necessary to properly furnish and maintain a massage
establishment pursuant to the standards set forth by the American Massage Therapy
Association. shall be incorporated here.
(9) The following requirements shall be used to maintain clean and sanitary linens:
incorporated here.
a. Soiled linen shall be handled as little as possible and with minimum agitation
to prevent gross microbial contamination of the air and of persons handling the
linen.
b. All soiled linen shall be bagged or put into carts at the location where it was
used.
c. Linen soled with blood or body fluids, including perspiration shall be
deposited and transported in bags to prevent leakage and human contact with the
blood or bodily fluids.
d. Linen shall be washed with a detergent in water at least 71° C (160°F) for 25
minutes.
Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy
Page 14
e. Clean linen shall be transported and stored by methods that will ensure its
cleanliness.
f. All washed linen shall be dried at a high temperature setting.
(10) All exterior windows of the massage establishment, except those in a room where
massage therapy is performed, shall remain at least seventy-five percent (75%)
uncovered by curtains, shades, or any other material that restricts the view from the
outside during business hours.
(11) The person performing massage therapy shall prominently display their massage
therapy license or a clearly legible copy for full viewing by patron or customer while
performing massage therapy.
(f) Operation. Every massage establishment and every person desiring to perform massage
therapy massage technician shall comply with the following operating requirements. These
requirements shall be prominently and publicly displayed in a conspicuous place upon every
premises licensed under the provisions of this section.
(1) Massage establishments shall commence operations no earlier than 7:00 a.m. and
the hours of operations shall extend no later than 12:00 midnight.
(2) Massage establishments and persons who perform massage therapy massage
- - - • - - shall prominently and publicly display on the premises their
respective licenses and permits during all hours of operation.
(3) A list of services available and the cost of such services shall be posted in an open,
public place on the premises, and shall be described in readily understandable language.
No owner, operator, responsible managing employee or manager shall permit and no
persons who performs massage therapy massage technician shall offer to perform any
services other than posted and at any time outside of the hours of operation.
(4) Massage establishments shall at all times be equipped with an adequate supply of
clean sanitary towels, coverings and linens. . - , _ ., .
stored in cabinets. Towels and linens shall not be used on more than one patron unless
they have first been laundered and disinfected. Disposable coverings and towels shall
not be used on more than one patron. Soiled linens and paper towels shall be deposited
in approved receptacles. Rooms shall be equipped with cabinets for the storage of clean
linen, chemicals, and biohazard receptacles for the storage of soiled linen.
Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy
Page 15
(5) Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and
compartments, restrooms and pools shall be thoroughly cleaned and disinfected as
needed, and at least once each day the premises are open, with a disinfectant approved
by the Health Department. Bathtubs shall be thoroughly cleaned with a disinfectant
approved by the Health Department after each use. All walls, ceilings, floors and other
physical facilities for the establishment must be in good repair and maintained in a clean
and sanitary condition.
(6) Instruments utilized while performing a massage that come into direct contact with
the patron's skin must be sterilized. These instruments must be kept in single-use
packages until use and then re-sterilized before use again. Any instrument used during
a massage that does not come into direct contact with the skin of the patron must
undergo disinfection following its use. Massage table pads must undergo disinfection
following their use. All chemical containers shall be stored in cabinets in cabinets
reserved solely for that purpose. •- -- - . . -. . - -
Massage table pads and reusable table coverings shall be disinfected between each
massage with approved chemicals. Chemicals used during massage shall be stored in
cabinets reserved solely for such purpose.
(7) Massages shall not be given unless patrons are wearing clothing fully covering their
genitals and female patrons are in addition wearing clothing fully covering their breasts.
Where such clothing is furnished patrons by the massage establishment, it shall not be
used by more than one patron unless it has first been laundered and disinfected.
Massage technicians Persons performing massage therapy shall be fully clothed from
the knee to the neck in clean, light-colored clothing.
(8) No persons shall enter,be or remain in any part of a massage establishment while in
the possession of, consuming or using any alcoholic beverage or drugs except pursuant
to a prescription for such drugs. The owner, operator, responsible managing employee
or manager shall not permit any such person to enter or remain upon such premises.
(9) Massages shall not be given to patrons who have open sores or other visual signs of
contagious or communicable disease.
(10) No person in any massage establishment under this section shall place his or her
hand upon, tuch with any part of his or her body, fondle in any manner, or massage a
sexual and/or genital area of any other person.
Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy
Page 16
(11) Massage establishments are prohibited from installing or maintaining any lock or
similar device on any door to an area where massage services are provided,
(12) The entrance to the massage establishment shall remain unlocked during business
hours.
(13) No massage establishment 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 massage services or
which is sexually suggestive.
(14) No bathing or cleaning of a customer or patron shall be performed by any person
other than the customer or patron.
(15) No stuffed or upholstered furniture or beds and mattresses shall be permitted in
rooms in which massage is to be practiced or administered. The rooms shall be
equipped with massage tables having a hard surface impervious to liquids with a width
of no more than three feet (3') and a length of no more than eight feet (8'). The surface
of the tables shall be positioned at least two feet (2') from the surface of the floor so as
to allow for free access to the floor beneath. The tables may be equipped with either
non-disposable pads or covering or disposable covering no more than two and one-half
inches thick. Non-disposable pads or coverings shall be removable, impervious and
cleanable.
(g) Inspections. Building inspectors, firemen firefighter inspectors and health officers shall at
least twice each year make an inspection of each massage establishment in the City for the
purpose of determining that the provisions of this Chapter are met. Such inspections shall be
conducted after reasonable notice is given to the owner or operator of a massage establishment;
they shall take place during the hours such establishment is open for business; and only upon
the showing of proper credentials of such persons. All other investigatory power such officers
may have from State laws shall be incorporated herein.
(1) In the event a person, who has common ownership over a building or structure or
their authorized representative or the massage establishment permittee or their
authorized representative does not permit an inspection by an authorized
representative of the Health Department, it shall be grounds for the immediate
suspension of the license to perform massage therapy at the establishment and the
suspension shall remain in effect unless rescinded by the Health Officer. Failure of
Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy
Page 17
the person to permit an inspection will be sufficient grounds and probable cause for
a court of competent jurisdiction to issue an administrative warrant for the purpose
of inspecting and records examination necessary to carry out the provisions of this
Section.
(2) Whenever the Health Department determines that there are reasonable grounds
to believe that there has been a violation of the health and safety provisions of this
Section, the Health Department shall give notice in writing of the alleged violation
to the person or persons responsible thereof, and to any known agent of the person.
This notice shall:
a. Include a statement of reasons why is is being issued;
b. Allow a reasonable time for the performance of any corrective action it
requires;
c. Describe the penalty that is imposed for the violation; and
d. Be served upon the owner or his or her agent or the operator, as the case may
require; provided that the notice shall be deemed to be properly served upon the
owner or agent or upon the operator, if a copy thereof is served upon him or her
personally, or if a copy thereof is sent by certified mail to his or her last known
address, or if a copy thereof is posted in a conspicuous place in the dwelling
affected by the notice, or if he or she is served with the notice by any other
authorized or required method under the laws of this state.
(h) Grounds for revocation or suspension of license or permit:
(1) Massage establishments and persons performing massage therapy massage
technicians shall be subject to all pertinent City and County ordinances and the State of
Indiana statutes and violation of any such laws shall be grounds for the suspension or
revocation of licenses or permits.
(2) It shall be unlawful for any person to operate a massage establishment without
having a license therefore as required by this Section.
(3) It shall be unlawful for any person to perform massage therapy act a massage
technician without having a permit therefore as required by this section.
Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy
Page 18
(4) It shall be unlawful for any person who operates a massage establishment to allow
or permit persons to perform massage therapy act therein as massage technicians
without first having a license permit therefore as required by this section.
(5) It shall be unlawful for any person to perform massage therapy act as a massage
technician within a massage establishment which does not have a license therefore as
required by this section.
massage establishment to allow or permit such massage or offer to massage in such
(j) Conducting in violation of section deemed a nuisance. Any massage establishment
operated, conducted or maintained contrary to the provisions of this section shall be unlawful
and declared a public nuisance. The Law Department City Attorney may, in addition to or in
lieu of prosecuting a criminal action hereunder, commence an action for the abatement,
removal or enjoinment therefore, in the manner provided by law; and shall take such other steps
and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate
or remove such massage establishment and restrain and enjoin any person from operating,
conducting or maintaining a massage establishment contrary to the provisions of this section.
(k) Penalty. Additionally, any person who violates any provision of this section shall be issued
an ordinance citation of two hundred fifty dollars ($250.00) for the first violation; with a
minimum fine of five hundred dollars ($500.00) for each violation thereafter, with the Law
Department being authorized to seek the maximum financial penalty permitted by Indiana law
for repeat violations. . .•- , . .. . .• •. . . -- . .
• - - - -. Any violation found
by the Health Department shall result in the violator being liable to the Health Department for
any expense, loss or damage occasioned it by reason of the violation, including the costs for
labor, supplies, equipment and services. The violation of any provision of this article shall
constitute a separate offense for each day such violation may exist. (Ord.No. 6998-81, § 1; Ord.No.
7723-86,§2;Ord.No.9093-00,§ IX)
Section II. Repeal of Conflicting Ordinances: All ordinances and parts of ordinances in
conflict with this ordinance are hereby repealed.
Section III. Severability: If any part, subsection, sentence, clause or phrase of this ordinance is
for any reason declared to be unconstitutional or otherwise invalid by a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy
Page 19
Section IV. This ordinance shall be in full force and effect on January 1, 2013, from and after
its passage by the Common Council, approval by the Mayor and legal publication.8
\\A M 9 her of the Common Council
i/
ohn +orde, City Clerk __...
�' meted*me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the I
day of 00_(.4,,,„( , 2012, at it 3z o'clockq. m.
Janis alboom,Deputy Clerk
y evert end me en tie 13 day of p L t Gott t f Q. , 2012, at 9 o'clock
�.m.
Pete Buttig'
Mayor of the City of outh Bend, Indiana
Filed in , T r
1st READING I'L" —1,
PUBLIC HEARING t Z—ld -1 L NOV 1 9 ZO1Z
3 rd READING
NOT APPROVED , :VittT V ,g&, y
REFERRED CITYCLERK,SOUTH SEND,IN
PASSED I
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
65-12 A BILL OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING CHAPTER 2
ARTICLE 4, SECTION 4-35 OF THE SOUTH BEND
MUNICIPAL CODE ADDRESSING MASSAGE
ESTABLISHMENTS AND MASSAGE THERAPY
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with a favorable
recommendation.
This bill was heard by the Health & Public Safety Committee.
Karen L. White
Chairperson, Committee of the Whole
City of South Bend
i �n a.va
v$, rt-
a� R, Common Council
x a •`�.
1865 +`'' 441 County-City Building . 227 W.Jefferson Blvd (574) 235-9321
South Bend,Indiana 46601-1830 Fax (574) 235-9173
http://vvvvw.southbendin.gov
Derek D. Dieter
President
Oliver J. Davis
Vice-President
Karen L. White November 19, 2012
Chairperson, Committee
of the 'Whole Members of the Common Council
Tim Scott 4th Floor County-City Building
First District South Bend, Indiana 46601
Henry Davis, Jr. Re: Proposed Amendments to Massage Establishment& Massage Therapy
Second District Regulations
Valerie Schey Dear Council Members:
Third District
Fred Ferlic The attached ordinance would bring our local licensing and health & public
Fourth District safety regulations addressing massage establishments and persons offering
massage therapy in compliance with new state law regulations and new
David Varner amendments enacted by St. Joseph County.
Fifth District
We have been working with the St. Joseph County Health Department on these
Oliver J. Davis proposed amendments. Earlier this month, the St. Joseph County Council
Sixth District unanimously passed an ordinance making similar changes.
Derek D. Dieter
At Large South Bend's regulations in this area, have not been updated since 2000. The
proposed regulations primarily focus on:
Gavin Ferlic
At Large • Requiring applicants who wish to provide massage therapy to first obtain
certification from the State Board of Massage Therapy, which is under the
Karen L. White Indiana State Department of Health
At Large
• Updates health and safety regulations and terminology to comply with the
Indiana Code and the Indiana Administrative Code
• Recommends the same fee schedule as that required by St. Joseph County,
namely $75 for a massage therapy license and $200 for a massage
establishment license
Cover Letter to Ordinance Amending SBMC§4-35
Massage Establishments&Massage Therapy Regulations
November 19,2012
Page 2
• Changing the date for applying for such licenses, at the request of the
Department of Administration of Finance, to "on or before February 28th",
which is similar to St. Joseph County's requirements
The proposed regulations would take effect on January 1, 2013.
As noted by the St. Joseph County Health Department, the proposed amendments are necessary in
order "to protect the integrity of the massage therapy industry". Massage therapy is a valuable
therapeutic service, and its professionalism must be protected. The proposed regulations would also
protect the health and public safety of persons who need or request properly licensed massage therapy.
I recommend that the attached ordinance be referred to the Health and Public Safety Committee, and
be set for 2nd & 3rd readings and public hearing at the Council's regular Common Council meeting
scheduled for December 10th.
Thank you.
Most sincerely,
Dr. Fred Ferlic, Chairperson
Health and Public Safety Committee
Attachment
cc: Dr. Thomas Felger, St. Joseph County Health Officer
Mr. Marc Nelson, Environmental Health Officer, St. Joseph County Health Department
Filed 111 s, Office
NOV 1 9 201 2
2
CITY CLERK,' '1'ii SEND,IN