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HomeMy WebLinkAboutORD 6580 ARC CODE MASSAGE THERAPY Augusta Richmond GA DOcUMENTNAME:OI'Ct'\ I'\O./" Ce. G,s-80 DOCUMENT TYPE: ord'\ I'lG\Xl (C YEAR: 02- BOX NUMBER: l { FILE NUMBER: ICsJ 502 NUMBER OF PAGES: \L{ ~'t~ i'... 'I c;;~: _\\~, c I'; . '1:'. ',' ORDINANCE NO. 6580 AN ORDINANCE TO AMEND AUGUST A- RICHMOND COUNTY CODE TITLE 6, CHAPTER 4 TO PROVIDE FOR THE REGULATION OF MASSAGE THERAPY; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. NOW THERFORE BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION, AND IT IS HEREBY ORDAINED BY THE AUTHORITY OP THE SAME AS POLLOWS: Section 1. The Augusta-Richmond County Code Title 6, Chapter 4 is hereby deleted in its entirety and replaced with a new Augusta-Richmond County Code Title 6, Chapter 4, which shall read as follows: "~ 6-4-1 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a differe:qt meaning: (a) Director means Augusta's Director of the License & Inspection Department, or such other county official as the Augusta-Richmond County Commission may designate from time to time to carry out the functions of the director as specified in this chapter. (b) Exempt person means: (1) A physician, osteopath, physical therapist, chiropodist, podiatrist or chiropractor licensed in the state, and an assistant of any such professional working in the same office and under the direct supervision of such professional; (2) A registered nurse or licensed practical nurse licensed in the state, who performs massage therapy only in the normal course of performing nursing duties; (3) Any athletic trainer working as such within the athletic department of any accredited school, college, university or seminary, or in connection with any professional athletic team or competition; and (4) Hospitals, clinics, nursing and convalescent homes, assistant living facilities and other similar facilities licensed under the laws )~ " r 0.- -;> of the state, and dedicated to medical or nursing practices where massage therapy may be given, and the employees and/or independent contractors of such facilities who perform the massage therapy for the patients at such facilities in the normal course of carrying out their duties at such facility. (c) License means an operator's and/or massage therapy license issued pursuant to the terms of this chapter. (d) Licensee means the person to whom a license is issued under the terms of this chapter. ( e) Massage Therapy means the systematic and scientific manipulation and treatment of soft tissues of the body, including the use of effleurage, petrissage, pressure, friction, tapotement, kneading, vibration, range of motion stretches and any other soft tissue manipulation, whether manual or by mechanical or electrical apparatus, and may include the use of oils, lotions, creams, salt glows, hydrotherapy, heliotherapy and hot and cold packs. (f) Massage therapy business means the business of owning, operating, conducting and carrying on the offering and/or providing massage treatments. (g) Massage therapist license means a license to perform massages on members of the public, which license is issued pursuant to the terms of this chapter. (h) Operator's license means a license to own, operate, conduct and carryon the business of offering or providing massage to members of the public, which license is issued pursuant to the terms of this chapter. (i) Premises means one physically identifiable place of business of one or more contiguous rooms operating under the same trade name where massages are performed. This term shall include reception rooms, treatment rooms, office areas, patio areas and any other areas located within the property lines of the land on which the massage therapy business is located. ~ 6-4-2. License required. Any person desiring to own, operate, conduct or carryon, in Augusta, Georgia, the business of offering or providing massage therapy, before doing so, shall have in his possession a then current operator's license. A licensee holding an operator's license under this chapter is not authorized or licensed to actually perform the massage therapy on customers of the massage therapy business unless such licensee also holds a massage therapy license. Any person, other than an 2 -'..". -:, '" I , ;j exempt person, employed or otherwise engaged by a massage therapy business to perform massage therapy on members of the public shall, prior to engaging in such activity, have in such person's possession, a then current massage therapy license issued by the Augusta-Richmond County Commission. A licensee holding a massage therapy license is not licensed to own, operate, conduct or carryon a massage therapy business without a operator's license. All such licenses shall be issued in accordance with the requirements of this chapter. Any massage therapy business which does not maintain an office in Augusta, but which sends a massage therapist into Augusta to provide massage therapy on an out call basis, must possess an operator's license. Any person providing massage therapy in Augusta on an outcall basis must possess a massage therapy license. ~ 6-4-3. Qualifications for operator's license. (a) In order to obtain an operator's license under this chapter, the applicant must satisfy the following requirements: (1) Must be at least 18 years of age and have received a high school diploma or graduate equivalency diploma; (2) Must be a citizen of the United States or an alien lawfully admitted for permanent residence in the United States. Where an applicant is other than a natural person, such applicant must be an entity organized and existing under the-laws of the United States or one of its states, and the natural persons who are required to join in the application must meet the qualifications of this subsection; (3) If the applicant is a general partnership, the application must be made jointly by the partnership, any managing partner and all other partners owning at least a 20 percent interest in the assets or revenues of the partnership. If there is no managing partner and there is no partner meeting the ownership requirements, then the application must be made jointly in the name of the partnership and the general partners owning the greatest percentage interest in the assets and revenues of the partnership. At least one ofthe applicants shall be a natural person. If none of the applicants required in this subsection is a natural person, then the natural person having primary responsibility for the operation of the business for which the license is sought shall join in the application; (4) If the applicant is a limited partnership or a limited liability partnership, the application shall be made jointly by the limited partnership or limited liability partnership, its general partners and any other partner owning at least a 20 percent interest in the assets or revenues of the limited partnership or limited liability partnership. At least one of the applicants must be a natural person. If none of the applicants required in this subsection is a natural person, then the natural person having 3 , I ,~ .. .. primary responsibility for the operation of the business for which the license is sought shall join in the application; (5) If the applicant is a corporation, the application shall be made jointly in the name of the corporation and its president or vice- president, and any stockholder owning at least 20 percent of the total outstanding capital stock of the corporation; (6) If the applicant is a limited liability company, the application shall be made jointly in the name of the limited liability company and its managers, and any member owning at least a 20 percent interest in the assets or revenues of the limited liability company; (7) If the applicant is an entity other than a natural person, partnership, limited partnership, limited liability partnership, corporation or a limited liability company, the application shall be made jointly in the name of the .entity, the natural person having chief executive officer authority over the business activities of the entity and any other person having at least a five percent interest in the assets or revenues ofthe entity. The application shall further disclose the type of entity making the application and every person having an ownership interest in the assets or revenues of the entity; (8) Licenses issued to corporations, limited liability companies, general partnerships, limited ,partnerships, limited liability partnerships or other types of entities must be issued jointly to the entity, and all of the other persons required by this section to join in the application; (9) No person shall be granted a license unless it shall appear to the satisfaction of the Augusta-Richmond County Commission that such person shall be of good moral character, or in the case of an entity which is not a natural person, that such entity has a good reputation. In no event shall a license be granted to any person who has been convicted or has pled guilty or entered a plea of nolo contendere to any charge involving a crime of moral turpitude, prostitution, masturbation for hire or any other sexual service crime within a period of ten years immediately prior to the filing of such application. In the case of partnerships, corporations, limited partnerships, limited liability partnerships, limited liability companies or other business entities, an operator's license shall not be issued to the partnership, corporation, limited partnership, limited liability partnership, limited liability company or other entity if any partner, officer, director, shareholder, member or other person required to be listed on the application cannot meet the requirements set forth in this subsection. At the time an application is submitted for an operator's license, the applicant shall, by a duly sworn affidavit: 4 ..- '. ;: .' a. Certify that all of the requirements ofthis section have been met by the applicant and the other persons required to be listed on the application as specified in this subsection (9); and b. Consent to a criminal background check and release Augusta, its elected officials, officers, agents, employees and representatives from any liability resulting from any criminal background check performed on the applicant. (10) No operator's license shall be issued to any person convicted of or pleading guilty or nolo contendere to any charge under any federal, state or local law constituting a felony, within ten years prior to the date of the filing of the application for the operator's license; (11) No operator's license shall be issued to any person who has had any license issued under the police powers of Augusta revoked within two years prior to the filing of the application for an operator's license; (12) The Augusta-Richmond County Commission may decline to issue an operator's license when any person having any ownership interest in or control over the land or building in which the establishment to be operated pursuant to the license will be located does not meet the same character requirements as set forth in this section for the licensee; (13) If a person in whose name an operator's license is issued is not a resident of Augusta, such person must appoint and continuously maintain in Augusta a registered agent upon whom any process, notice or demand required or permitted by law or under this chapter may be served. The registered agent must be a resident of Augusta. If the licensee is not a natural person, the licensee will be required to appoint and maintain a registered agent in Augusta if it does not have an agent in Augusta upon whom process can legally be served on such entity under the laws of the state. The licensee shall file the name of such registered agent, along with such registered agent's written consent to serve as such agent, with the director of administrative services; (14) An application for an operator's license may be denied where it appears to the Augusta-Richmond County Commission that the applicant does not have adequate financial strength or adequate financial participation in the proposed business to direct and manage its affairs, or where it appears that the applicant is intended or likely to be a surrogate for a person who would not otherwise qualify for an operator's license; and, (15) At the time of filing the application for an operator's license and thereafter, the applicant must have in his employ or under a binding 5 .,,... ,; . ,; contract, a person who holds a massage therapy license who has agreed to perform the massage therapy for the applicant if the operator's license is granted. (b) After the license has been issued, should any person in whose name such license is issued be convicted of or plead guilty or nolo contendere to a charge involving a crime of moral turpitude, prostitution, masturbation for hire or any other sexual service crime, the operator's license shall be immediately revoked and canceled. ~ 6-4-4. Qualifications for massage therapy license. In order to obtain a massage therapy license under this chapter, the applicant must satisfy the following requirements: (a) Must be at least 18 years of age and have received a high school diploma or graduate equivalency diploma. (b) Must have received a passing grade on the National Certification Exam for Therapeutic Massage and Bodywork. (c) No person shall be granted a massage therapy license unless it shall appear to the satisfaction of the Augusta-Richmond County Commission that such person shall be of good moral character, and in no event shall a massage therapy license be granted to any person who has been convicted of or has pled guilty or entered a plea of nolo contendere to any charge involving a crime of moral turpitude, prostitution, masturbation for hire or any other sexual service crime within a period of ten years immediately prior to the filing of such application. At the time an application is submitted for a massage therapy license, the applicant shall, by a duly sworn affidavit, certify that all of the requiremen~s of this section have been met by the applicant, and the applicant shall consent to a criminal background check and release Augusta, its commissioners, elected, officers, agents, employees and representatives from any liability resulting from any criminal background check performed on the applicant. After a massage therapy license is issued to a person, should such person be convicted of or plead guilty or nolo contendere to a charge involving a crime of moral turpitude, prostitution, masturbation for hire or any other sexual service crime, the license shall be immediately revoked and canceled. (d) No massage therapy license shall be issued to any person convicted of or pleading guilty or nolo contendere to any charge under any federal, state or local law, constituting a felony, within ten years prior to the date of the filing of the application for the license. 6 , , (e) No massage therapy license shall be issued to any person who has had any license issued under the police powers of Augusta revoked within two years prior to the filing of the application for a massage therapy license. (f) If a person in whose name a massage therapy license is issued is not a resident of Augusta, such person must appoint and continuously maintain in Augusta a registered agent upon whom any process, notice or demand required or permitted by law or under this chapter, may be served. The registered agent must be a resident of Augusta. The licensee shall file the name of such registered agent, along with such registered agent's written consent to serve as such agent, with the director. ~ 6-4-5. Application for license. (a) Forms. A person desiring to obtain an massage therapy operator's or massage therapy license shall make application to the director on the forms prescribed by the Augusta-Richmond County Commission. (b) Operator's license. The application for an operator's license shall require, but shall not be limited to, the following information: (1) The name and address of each applicant as required by S 6- 4-3; (2) The name and location. of the proposed business to be carried on, and the name and address of the owner of the premises in which the business is to be carried on. If the business is to be operated on an outcall basis, then the address will be the address and premises where the office of the massage therapy business is located; (3) A description of all of the goods and services to be offered in the proposed business; (4) A financial statement current within three months of the application evidencing the financial responsibility of the applicants; and, (5) Such other material as required by Augusta. (c) Massage therapy license. The application for a massage therapy license shall require, but shall not be limited to, the following information: (1) The name and address of the applicant; 7 (2) A certification from the National Certification Board of Therapeutic Massage and Bodywork which administers the National Certification Exam for Therapeutic Massage and Bodywork; and, (3) Such other material as required by Augusta. (d) Incomplete applications; swearing to before notary public. Failure to pay the license and regulatory fees at the time of filing the license application, or failure to furnish all information as required by an application form, will cause the application to be deemed to be incomplete and no action will be taken thereon until such application is complete. All applications shall be sworn to by the applicant before a notary public or other officer empowered by law to administer J oaths. ~6-4-6. Approval procedures. (a) An application for a license under this chapter shall be presented to the Augusta-Richmond County Commission within 45 days after the date such application is deemed complete. The director shall notify the applicant in writing of the date on which the application will be presented to the Commission. (b) At the time the application is presented to the Augusta-Richmond County Commission, the applicant may appear and present any matters in support of the application, and any other person may appear and present matters in opposition to the application. (c) If the application presentation is made to the Augusta-Richmond County Commission, upon the completion of the presentation, or if the presentation is made to a designated committee, upon presentation of the report , the Commission shall take action denying or granting the application or deferring action for a period not to exceed 45 days in order to obtain further information. If the application is denied, the Commission shall set forth the reasons for such denial. (d) In all instances in which an application for an operator's license is denied under the provisions of this chapter, the applicant may not reapply for an operator's license for the same location for at least one year from the date of such denial. ~ 6-4-7. Revocation, suspension of license. (a) Upon a violation of this Chapter, or any other local, state, or federal law, Augusta's License and Inspection Director may immediately suspend the license of said violator. Such suspension shall be for a period of 30 days. Whenever, in the opinion of the director, there is cause to permanently revoke an operator's massage therapy license, a written notice of intention to revoke such 8 ;" ." license shall be furnished to the holder thereof not less than ten days before the meeting of the Augusta-Richmond County Commission, at which time the holder of the license may make such showing as he may deem proper. After a hearing, the Commission may permanently revoke the license if in its discretion it is in the best interest of peace and good order of Augusta. Such a finding may only be made upon a violation of the laws of Georgia, the United States, or Augusta- Richmond County. (b) In addition, cause for revocation or suspension of a license under this chapter shall include, but not be limited to, the following actions by the license holder: (1) Conviction of or a plea of guilty or nolo contendere to a charge of prostitution, masturbation fOf hire or any other sexual service crime involving engaging in sexual activities for compensation or sexual misconduct of any kind in any jurisdiction to which the applicant was subject. (2) If holding an operator's license, conviction of or a plea of guilty or nolo contendere to a charge of prostitution, masturbation for hire or any other sexual service crime involving engaging in sexual activities for compensation or sexual misconduct of any kind by an employee of the massage therapy business operated pursuant to such license, in the course of business. (3) Permitting a person who does not hold a current massage therapy license under this chapter, except as provided in S 6-4-13, to provide massage therapy to members of the public. (4) Allowing the use ofan individual's license by an unlicensed person. (5) Providing false Of forged information to the Commission in obtaining a license under this chapter. (6) Impersonating a license holder. (7) Using or attempting to use a license that has expired or been revoked. (8) Violation of any provision of this chapter. ~ 6-4-8. Automatic license forfeiture for nonuse. Any licensee holding an operator's license under this chapter, who shall, for a period of six consecutive months, cease to operate the massage therapy 9 business as authorized in the operator's license, shall automatically forfeit the license without the necessity of any further action. If the massage therapy business operation is interrupted as a result of damage to the premises where the massage therapy business is located which makes it impractical to operate the massage therapy business, and if repairs of such damage are commenced within such six-month period and diligently pursued to completion, or as a result of the premises being remodeled, then this section shall not apply to such cessation of operation. If a license is issued for the operation of a massage therapy business in a building which has not yet been completed, the license will not be forfeited unless the licensee fails to begin operations of the massage therapy business within a period of 180 days from the date of issuance ofthe license. ~ 6-4-9. Expiration; renewal of license. (a) Each license granted under this chapter shall expire on December 31 of the calendar year in which the license was issued. A licensee who desires to renew his license shall file an application with the director, on the form provided for license renewal. Applications for renewal must be filed on or before October 31 of the year in which the license being renewed expires. If a renewal application is received after October 31, Augusta cannot assure the applicant that a renewal license will be issued by January 1 of the following calendar year, and the licensee will have to cease operations from such January 1 until the renewal license is issued. If a license renewal application is received after the December 31 expiration date, such application shall be treated as an application for a new license and the applicant shall be required to comply with all rules, regulations and fees for the granting oflicenses as ifno previous license had been issued. (b) Any person applying for renewal of a license must pay the license and regulatory fees at the time of filing the application. Failure to pay such fees at that time shall result in the application for renewal being treated as not filed or as being withdrawn. ~ 6-4-10. location. Separate application and operator's license for each business Each operator's license under this chapter shall be limited to the operation of a massage therapy business at a specific location or out of which specific location an outcall massage therapy business is operated as described in the license. A separate application must be made and separate operator's licenses must be obtained for each location at which a massage therapy business is conducted or out of which an outcall massage therapy business is operated. ~ 6-4-11. Display of license. 10 - ,- ,". (a) An operator's license shall, at all times, be kept plainly exposed to public view at the premises for which the license was granted. (b) A massage therapy license shall, at all times, be kept plainly exposed to public view at the place where the holder of the massage therapy license is performing massage therapy. ~ 6-4-12. Report of licensed employees. Within ten days after a written request of the director, a holder of an operator's license under this chapter shall provide to the director a list of the names and addresses of the people working in the massage therapy business who hold a then current massage therapy license. ~ 6-4-13. Apprentices. Any person who is enrolled in a course of study required as a prerequisite to taking the examination set forth in section S 6-4-4(2), and who, as a part of such course of study, is working as an apprentice under the direct supervision of a person holding a massage therapy license, may perform massage therapy to members of the public for a period not to exceed 12 months; provided that such apprentice has notified the director that he will be working as an apprentice and provides the director with written confirmation from the educational institution that the apprenticeship is part of its course of study, and of the duration of the apprenticeship. The massage therapy license holder under whom the apprenticeship will be served must certify to the director that he will provide direct supervision of all massage therapy provided by the apprentice during the apprenticeship. An apprentice- may perform massage therapy on an outcall basis only with appropriate direction from the massage therapy license holder, and such massage therapy license holder will have full responsibility to ensure that such massage therapy provided on an outcall basis are provided properly, professionally and appropriately. The holder of the operator's license for the massage therapy business where the apprenticeship will be served must certify to the director that such licensee will ensure that the apprentice provides massage therapy only in accordance with the provisions of this section. If, at any time during the apprenticeship, the apprentice ceases to be enrolled in the course of study set forth in this section, such person shall immediately cease performing any massage therapy. ~ 6-4-14. Transitional massage therapy license. Any person who, within 30 days prior to the effective date of this ordinance, was working performing massage therapy on members of the general public, and upon such date, such person would be required to obtain a massage therapy license, and such person does not meet the requirements set forth in section S 6-4-4, such person may apply for a transitional massage therapy license. 11 ~ .; A transitional massage therapy license shall expire on December 31 of each year and such license may be renewed; provided, however, that no transitional massage therapy license shall be extended beyond 24 months from the effective date of the ordinance from which this chapter is derived. In order to obtain a transitional massage therapy license, the applicant must meet all other requirements for obtaining a massage therapy license and will be subject to all requirements for retaining a massage therapy license. Any person who holds a transitional massage therapy license, and during the term of such license such person meets all of the requirements for a massage therapy license such person may have the transitional massage therapy license converted to a massage therapy license for the balance of that calendar year at no further charge. A transitional massage therapy license may be revoked or suspended in the same manner as a massage therapy license. Any person desiring to obtain a transitional massage therapy license must apply for such license within 90 days after the effective date of the ordinance from which this chapter is derived. The license and regulatory fees shall be the same as for a massage therapy license. ~ 6-4-15. Waiver for non-massage modalities. Any person who desires to provide in Augusta, only certain bodywork services which the person believes are of a modality that is not a massage as defined in this chapter, may request from the Augusta-Richmond County Commission a waiver of the licensing requirements of this chapter for conducting the business of and providing such bodywork services. Such request shall be made on forms promulgated by the director on which the person seeking the waiver shall fully explain why the modality involved is not massage. The Augusta-Richmond County Commission shall then act upon the request. If the request is granted, licensing requirements of this chapter shall be waived for the person making the request and his employees performing the bodywork services described in the request. If the request is denied, all of the licensing requirements of this chapter shall apply. ~ 6-4-16. Fees. (a) Upon making application for a license under this chapter, the applicant shall pay license and regulatory fees for such license as set forth in Augusta-Richmond County Code ~ 2-1-3 (c) and such other fees as may be established from time to time by Augusta. All applicants shall be furnished a copy of the schedule of fees at the time of application for a license under this chapter. (b) All licenses granted under this chapter shall be for the calendar year, and the full license fee must be paid for a license application filed prior to July 1 of the license year. One-half of a full license fee shall be paid for a license application filed after July 1 of the license year. 12 i.;~ ~ (c) Each application for a license under this chapter shall be accompanied by a check or money order for the full amount of the license fee, together with a separate check or money order in the amount of the regulatory fees applicable to such license. If the applicant is denied a license, the license fee shall be refunded, but the regulatory fees shall be retained and are nonrefundable. ~ 6-4-17. Transferability. No license under this chapter shall be transferable. ~ 6-4-18. Violation; penalties. (a) Any violation of the provisions of this chapter shall constitute a misdemeanor and shall be punishable by penalties and costs as set forth in ~ 1-6- 1. (b) In addition to the penalties set forth in subsection (a) of this section, the Augusta-Richmond County Commission may revoke or suspend a license for violation of this' chapter as set forth in section ~ 6-4-7, which shall be a distinct and separate penalty. Any violation of this chapter, or any failure to comply with the requirements of this chapter, shall be grounds for immediate suspension or revocation of any and all licenses held by the licensee regardless of the number of licenses or locations involved, and regardless of whether or not the licensee knew of or contributed to such violation. It is the intent of this subsection, without limiting the generality thereof, to grant to the Commissioners the right to suspend or revoke any and aJI licenses held by a licensee when any violation of this chapter occurs at any place of business operated by the licensee pursuant to a license. ~ 6-4-19. Severability. If any section, provision, or clause or any part of this Chapter shall be declared invalid or unconstitutional, or if the provisions of any part of this Chapter as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Chapter not so held to be invalid, or the application of this Chapter to other circumstances not so held to be invalid. It is hereby declared as the intent that this Chapter would have been adopted had such invalid portion not been included herein." Section 2. All laws or ordinances or parts of laws or ordinances in conflict with this Ordinance are hereby repealed. Section 3. This Ordinance shall become effective upon adoption. 13 j' - ':,- 0' .; ". Duly adopted this ~ day of December, 2002 and this ,2003. ATIEST:~. Len onner (Clerk) December 17,2002 First Reading: Second Readirugpive 2nd reading ~BY: ~bi~ Published in the Augusta Chronicle December 26, 2002 14 day of