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Sec. 10-16. Definitions.

The following words and phrases, wherever used in this Article, shall be construed as defined in this Section unless from the context a different meaning is intended:

1. Applicant means a person who applies for a massage practitioner license or a massage establishment license. If the applicant for a massage establishment is other than an individual, each individual who has a twenty (20) percent or greater interest in the business and the person who will manage the business conducted in this City shall be deemed to be an applicant and upon issuance of a massage establishment license, a licensee.
2. Massage or Touching Techniques means any of the following named subjects and methods of treatment: oil rubs; alcohol rubs; salt glows; hot or cold packs; tub, shower, or cabinet baths; colon irrigation; and touching procedures upon the external parts of the body by hand or by any electrical, mechanical or vibratory apparatus - including stroking, friction, kneading, rolling, vibrating, cupping, petrisage, rubbing, effleurage and tapotement.
3. Massage Practitioner means a person who practices or administers any massage or touching techniques listed in Paragraph 2 for a fee, income or compensation of any kind within the City of Phoenix.
4. Massage Establishment means any place of business or establishment wherein any of the subjects or methods of treatment listed in Paragraph 2 are administered, practiced or used, or from which is dispatched a person for the purpose of administering, practicing or using any of the subjects or methods of treatment listed in Paragraph 2.

Sec. 10-17. City Clerk; Duties.

It shall be the duty and responsibility of the City Clerk of the City of Phoenix or her designee to administer the provisions of this Article; and pursuant to this duty the City Clerk or her designee shall issue, renew, deny, suspend or revoke massage practitioner and massage establishment licenses as required by this Article.

Sec. 10-18. Licensing of Massage Practitioners and Massage Establishments Required.

A. It shall be unlawful for any person to practice or administer or to offer or agree to practice or administer any subject or method of treatment listed in Section 10-16(2), whether for a fee, income or consideration of any kind, without first obtaining and maintaining in effect a massage practitioner license as required by this Article.
B. It shall be unlawful for any person, association, firm or corporation to conduct or operate a massage establishment without first obtaining and maintaining in effect a massage establishment license as required by this Article.
C. It shall be unlawful for any person, association, firm or corporation to employ as a massage practitioner any person who does not hold a current unrevoked and unsuspended massage practitioner license as required by this Article.
D. It shall be unlawful for any person, association, firm or corporation licensed as provided in this Article to operate under any name or conduct business under any designation not specified in such license.
E. It shall be unlawful for any massage establishment licensed as provided in this Article to remain open for business or provide services any time between the hours of 12:00 Midnight and 6:00 A.M.

Sec. 10-19. New License Application; Fee.

A. Any person, association, firm or corporation desiring to obtain a massage practitioner or massage establishment license shall make application to the City Clerk, who shall refer each such application to the Chief of Police for appropriate investigation. A person desiring licenses authorizing him to perform the activities of a massage practitioner and, in addition, to conduct or operate a massage establishment shall submit two separate applications.
B. The application shall be accompanied by a non-refundable fee of:

1. $295.00 when the application is for a massage establishment license;
2. $115.00 when the application is for a massage practitioner license.

C. After approval and prior to the issuance of a license, the applicant shall pay a first year license fee of;

1. $65.00 when the application is for a massage establishment.
2. $35.00 when the application is for a massage practitioner license.

Sec. 10-20. New License Application; Contents.

An applicant for a massage practitioner or massage establishment license shall submit the following:

1. The full legal name and current residence address of the applicant;
2. Any other names by which the applicant has been known;
3. The address at which applicant desires to do business;
4. The two residence addresses immediately prior to the present address of applicant, and the dates of residence at each.
5. Written proof that the applicant is over the age of twenty-one years if applying for a massage establishment license, or over the age of eighteen years if applying for a massage practitioner license.
6. Two portrait photographs, approximately two inches by two inches in size, taken within the previous six months;
7. The business license history of the applicant; whether the applicant, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such suspension or revocation.
8. All felony and misdemeanor convictions, excluding those for traffic offenses, and the grounds of such convictions.
9. The applicant's complete fingerprints, recorded by the Police Department;
10. The applicant's education, training and experience in the administration, practice or use of the subjects and methods listed in Section 10-16(2), including diplomas or credentials from schools or institutions of learning. Such education shall include a minimum of 500 hours of education in massage or touching techniques from a school or institution of learning licensed by the State Board for Private Postsecondary Education or an equivalent board from outside this state, or accredited by an accrediting agency recognized by the United States Department of Education or the Council on Postsecondary Accreditation.
11. Such other identification and information as the Police Department may require in order to discover the truth of the matters above required to be set forth in the application.

Sec. 10-21. License Application Investigation.

Any applicant for a license pursuant to these provisions shall personally appear at the Office of the City Clerk and shall present the application containing the information required by Section 10-20. The Police Department shall have a reasonable time in which to investigate the application and the background of the applicant. Based on such investigation, the Police Department shall recommend to the City Clerk approval or denial of the license.

Sec. 10-22. Massage Establishment License; Special Requirements.

A. No massage establishment license shall be issued if the applicant has been convicted within the last five years of any felony or any misdemeanor offense having a reasonable relationship to the functions of a massage establishment licensee, or if the application was deliberately falsified.
B. Notwithstanding the provisions of Subsection A of this section, no massage establishment license shall be issued if the applicant has been convicted at any time of any offense proscribed by Chapters 14, 32, and 35.1 of the Arizona Criminal Code (A.R.S. Title 13) or by Sections 23-52 and 23-53 of this code, or any offense committed outside this state or city which if committed in this state or city would constitute a violation of any offense proscribed by Chapters 14, 32, and 35.1 of the Arizona Criminal Code or by Sections 23-52 and 23-53 of this code.
C. An applicant for a massage establishment license or a licensee shall permit representatives of the Police Department, and any other Federal, State, County, or City agency in the performance of any function connected wit the enforcement of any code, statute or regulation relating to human health, safety or welfare or structural safety, normally and regularly conducted by such agency, to inspect the premises of a massage establishment for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.
D. No massage establishment license shall be issued unless inspection by a city agency or, where appropriate, a county agency, indicates the site of the establishment complies with each of the following minimum requirements:

1. A current certificate of occupancy shall be issued in the name of the massage establishment.
2. A readable sign shall be posted at the main entrance identifying the establishment as a massage establishment.
3. Minimum lighting shall be provided in accordance with the Construction Code of the City of Phoenix, and in addition, at least one artificial light of not less than forty watts shall be provided in each room or enclosure where services are performed on patrons which shall be in operation when such services are performed.
4. Minimum ventilation shall be provided in accordance with the Construction Code of the City of Phoenix.
5. Adequate equipment shall be provided for disinfecting and sterilizing instruments used in administering or practicing any of the subjects or methods of treatment listed in Section 10-16(2).
6. Hot and cold running water, tempered by means of a mixing valve faucet, shall be provided at all times.
7. Closed cabinets shall be provided, and used, for the storage of clean linens.
8. Adequate dressing and toilet facilities shall be provided for patrons. One dressing room, which may be the same as the massage treatment room, one toilet and one wash basin shall be provided by every massage establishment for every three treatment rooms. A minimum of one shower or tub shall be provided for any establishment offering colon therapy, colonics, or any hydrotherapy services, including whirlpool baths, saunas, steam baths, and herbal wraps. Each dressing room or treatment room shall contain a locker for each patron to be served, which locker shall be capable of being locked.
9. Any pool or spa shall be issued a permit and inspected.
10. All walls, ceilings, floors, showers, bathtubs, steam rooms, and all other physical facilities within the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilets and wash basins shall be thoroughly cleaned each day business is in operation. Shower compartments and bathtubs, where provided, shall be thoroughly cleaned after each use.
11. Clean and sanitary sheets and towels shall be provided for each patron of the establishment. The head rest of each table shall be provided with a clean and sanitary covering for each patron.
12. All wash basins within an establishment shall have hot and cold running water, tempered by means of mixing valve faucet; provide sanitary towels placed in permanently installed dispensers or upon a permanently attached roll dispencer, and provide soap in a soap dispenser that is placed on or near the wash basin. A hand wash basin shall be provided in each treatment room providing colon therapy, colonics, or hydrotherapy services, including whirlpool baths, saunas, steam baths and herbal wraps.

Sec. 10-23. Massage Practitioner License; Special Requirements.

A. No massage practitioner license shall be issued if the applicant has been convicted within the last five years of any felony or misdemeanor offense having a reasonable relationship to the functions of a massage practitioner, or if the application was deliberately falsified.
B. No massage practitioner license shall be issued or renewed if the applicant fails to furnish proof of a minimum of 500 hours of education in massage or touching techniques from a school or institution of learning licensed by the State Board for Private Postsecondary Education or an Equivalent Board from outside this state, or accredited by an accrediting agency recognized by the United States Department of Education or the Council on Postsecondary Accreditation.
C. Notwithstanding the provisions of subsection A of this section, no massage practitioner license shall be issued if the applicant has been convicted at any time of any offense proscribed by Chapters 14, 32, and 35.1 of the Arizona Criminal Code (A.R.S. Title 13) or by Sections 23-52 and 23-53 of this code, or any offense committed outside this state or city which if committed in this state or city would constitute a violation of any offense proscribed by Chapters 13, 32, and 35.1 of the Arizona Criminal Code or by Sections 23-52 and 23-53.

Sec. 10-24. Display of License.

Every person, association, firm or corporation to whom a license shall have been granted shall display the license in a conspicuous place upon the business premises. If the license has been granted to a person, a recent photograph of the licensee shall be attached to the license.

Sec. 10-25. Change of Location.

A change of location of a massage establishment shall be approved by the City Clerk, provided that all ordinances and regulations of the City are complied with and a fee of $10.00 is paid to the City Clerk.

Sec. 10-25.1. Renewal.

A. Annually on or before the first day of January of each year, every licensed massage establishment shall pay to the City Clerk a renewal fee of $35.00.
B. Annually, on or before the first day of January of each year, every licensed massage practitioner shall pay to the City Clerk a renewal fee of $20.00.
C. The holder of an expired massage practitioner license may, within thirty days from date of expiration thereof, have the certificate renewed upon payment of the required renewal fee.

Sec. 10-25.2. Sale, Transfer or Expansion.

Upon the sale or transfer of any interest in massage establishment, the license therefor shall be null and void. A new application shall be made by any person, association, firm or corporation desiring to own or operate the establishment. The provisions of Sections 10-21 and 10-22 shall apply to any person, association, firm or corporation applying for a massage establishment permit for premises previously used as such establishment.

Sec. 10-25.3. Other Unlawful Activities; General Penalty.

A. It shall be unlawful:

1. For any person, association, firm or corporation to conduct or operate a massage establishment on the same premises whereon is also conducted the business of a cocktail lounge (unless such is operated by a not-for-profit corporation), photography studio, model studio, art studio, telephone answering service, motion picture theater or bookstore;
2. For any person to practice or administer any subject or method of treatment listed in Section 10-16(2), whether for fee, gratuity or compensation of any kind:

a. In a manner or under circumstances intended to arouse, appeal to or gratify sexual desires; or
b. To any other person whose private parts are not covered by opaque material; or
c. In any way touch the genitals of the individual receiving the treatment.

B. Whenever in this Article any act is prohibited or declared to be unlawful, and wherever in this Article the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of such provisions of this Article is a misdemeanor. Each day any such violation continues shall constitute a separate offense. Revocation or suspension of a license shall not be a defense against prosecution.

Sec. 10-25.4. Revocation, Suspension or Denial of License; Grounds.

A. The license of a massage practitioner or of a massage establishment may be revoked, suspended or denied renewal upon any one or more of the following grounds:

1. That the licensee is guilty of fraud in conducting the business of massage practitioner or massage establishment, or of fraud or deceit in obtaining a license to conduct such business;
2. That the licensee has been convicted within the last 5 years in a court of competent jurisdiction of a felony or misdemeanor offense having a reasonable relationship to the functions of a massage establishment licensee or a massage practitioner, whichever is applicable.
3. That the licensee is guilty of untrue, fraudulent, misleading or deceptive advertising.
4. That the licensee is engaged in the business of massage practitioner or massage establishment under a false or assumed name, or is impersonating another practitioner of a like or different name;
5. That the licensee has violated any of the provisions of this Article.

B. Notwithstanding the provisions of Subsection A of this section, the license of a massage practitioner or a massage establishment shall be revoked or denied renewal if the licensee has been convicted of any offense proscribed by Chapters 14, 32, and 35.1 of the Arizona Criminal Code (A.R.S. Title 13) or by Sections 23-52 and 23-53 of this code, or any offense committed outside this state or city which if committed in this state or city would constitute a violation of any offense proscribed by Chapters 14, 32, and 35.1 of the Arizona Criminal Code or by Sections 23-52 and 23-53 of this code.
C. Notwithstanding the provisions of Subsection A of this section, the license of a massage establishment shall be revoked or denied renewal if on two or more occasions within a twelve (12) month period, a licensee or an agent, employee or independent contractor of the massage establishment while on the premises of such establishment commits an offense proscribed by Chapters 14, 32, and 35.1 of the Arizona Criminal Code (A.R.S. Title 13) or by Sections 23-52 and 23-53 of this code.
D. To deny, suspend or revoke a license, the City Clerk shall deliver or mail by certified mail to his business address as shown on the application or otherwise more recently of record, a written notice that said license is denied, suspended or revoked. The cause for such denial, suspension or revocation shall be set forth in the notice. A suspended or revoked license shall be surrendered to the City Clerk on demand. An applicant or licensee may appeal the denial, non-renewal, suspension or revocation of a license to the License Appeal Board pursuant to the provisions of Chapter 19, Article III of this code. If the denial, non-renewal, suspension or revocation of a license results from a conviction, the applicant or licensee shall be given an opportunity upon appeal to explain the circumstances of the conviction or demonstrate why such conviction does not render the applicant or licensee unfit for a license.

Sec. 10-25.5. Denial of Termination of License; Appeal.

A. The denial, revocation or nonrenewal of a massage practitioner license or a massage establishment license shall continue for one (1) year and the applicant or licensee shall not be issued a massage practitioner license or massage establishment license for one (1) year from the date of the denial, revocation or nonrenewal becomes effective; provided, however, that if the license was denied or revoked under Sections 10-22(B), 10-23(C), 10-25.4(B), or 10-25.4(C), an applicant shall not be granted another license at any time, and if the license was denied or revoked under Sections 10-22(A), 10-23(A), or 10-25.4(A)(2), an applicant shall not be granted another license until five (5) years have elapsed from the date of conviction.
B. The suspension of a massage practitioner license or a massage establishment license shall continue for a specified period not to exceed one (1) year.
C. The fact that a conviction is being appealed or a judgment of guilt is set aside pursuant to A.R.S. § 13-907 shall have no effect on the denial, suspension, revocation or nonrenewal of a license under this article.

Sec. 10-25.6. Applicability of Regulations to Existing Businesses.

A. The provisions of this Article shall apply to all activities regulated by this Article of such persons and businesses described herein, whether such activities were commenced before, on or after the effective date of his ordinance; provided however, that any person license as a massage practitioner prior to April 2, 1993, by this city or any other licensing authority requiring a minimum or one hundred (100) hours of education in massage or touching techniques from a school or institution of learning shall be eligible for a license under this article if such person is otherwise qualified an, within two (2) years from April 2, 1993, furnishes proof of five hundred (500) hours of education pursuant Subsection B of this section. Any person who fails to qualify for a massage practitioner license pursuant to Subsection B within two (2) years of April 2, 1993 shall be eligible for a license, if otherwise qualified, only by meeting the educational requirements set forth in Section 10-23.
B. For the purpose of determining hours of education, each person licensed prior to April 2, 1993 by the City or any other licensing authority with an equivalent hours of education requirement shall be given an initial credit of two hundred fifty (250) hours of education and an additional credit of one hundred twenty-five (125) hours of education for each of the two twelve month periods immediately following April 2, 1993 for which the person is licensed and submits satisfactory proof of having practiced or administered the massage or touching techniques defined in Section 10-16(2) for a minimum of one hundred twenty-five (125) hours in each twelve month period. For the purposes of this subsection, "Satisfactory Proof" means business records, written certification from an employer, or other documentary evidence.

Sec. 10-25.7. Exemptions.

a. The provisions of this Article shall not apply to:

1. Persons authorized by the laws of this State to practice medicine, osteopathy, chiropractic, podiatry, or naturopathy;
2. Registered nurses, license practical nurses or technicians, when acting under the supervision of a licensed physician or osteopath;
3. Persons employed or acting as trainees for any bona fide amateur, semiprofessional or professional athlete or athletic team;
4. Persons authorized by the laws of this State as barbers or cosmetologists, provided their activity is limited to the head, face, or neck;
5. Persons wholly employed in the sale of clothing, cosmetics, jewelry or sporting equipment insofar as these individuals must incidentally touch a customer to properly fit or sell the product, as its standard market price.
6. Persons wholly engaged in specialized weight reduction techniques where touching of the body is incidental to the procedure.

b. Any exemption granted herein is effective only insofar as and to the extent that the bona fide practice of the business or profession of the person exempted overlaps into the field comprehended by this Article, and exemptions granted herein are solely for those activities which are performed in the course of the bona fide practice of the business or profession of the person exempted.

* All massage establishment applicants should call Planning at (602) 262-7131 to see if their location is zoned properly prior to making an appointment to apply for their license.

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