§ 5-197. Licenses generally.

(a)

Licenses issued pursuant to this article shall be valid, except as otherwise provided herein, from the date of issuance and shall be renewed on October 1 each year. Any license obtained, as required by this article, shall be posted and kept in a conspicuous place in the massage parlor or establishment. Any license issued pursuant to this article shall not be assignable to any other person.

(b)

The fees or charges for the licenses required pursuant to this article shall be specified to be five hundred dollars ($500.00) per year per massage parlor or massage establishment license, and twenty-five dollars ($25.00) per year per massagist license, and such fee or charge is assessed and levied against each such massage parlor or massage establishment or massagist to create revenues sufficient to administer the provisions of this article; and such revenues shall be paid into the general fund of the city when collected. The city clerk shall receive all applications for licenses upon such forms as prescribed and shall collect all fees or charges connected therewith.

(c)

The city shall be authorized to make or cause to be made inspections to determine compliance with the provisions of this chapter in any massage parlor or establishment in order to safeguard the health, safety and welfare of the public. The city shall also have authority to direct that the health department of the county shall be authorized to make or cause to be made inspections to determine the sanitary conditions of any massage establishment in order to safeguard the health, safety and welfare of the public. Such inspections may be made at any time during which a massage parlor or massage establishment is open for business pursuant to the provisions of this article.

(d)

The provisions of this article shall in no way affect or limit the provisions and requirements of any zoning ordinances of the city.

(e)

The operation of any business, administration of any massage, use of any license issued pursuant to this article contrary to any provision of this article or the failure to comply with any provision of this article:

(1)

Shall constitute a violation of this article which shall be punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or by both. Each day the offense continues shall be a new and separate offense subject to the same penalty.

(2)

Shall, if continued, be deemed and considered a nuisance and be subject to abatement as provided by the laws of the state.

(3)

Shall be subject to any other provision for suspension, revocation or denial as provided herein and any other civil or criminal action or penalty or proceeding provided by law.

(f)

Exemptions. Except as provided, the provisions of this article shall not apply to the following persons or establishments:

(1)

A duly licensed physician, osteopath, chiropractor, (herein "doctor") or a registered nurse or physician's assistant acting at the direction of a licensed physician or doctor as hereinabove listed, nor a duly licensed establishment wherein registered licensed physical therapists treat only patients recommended by a licensed physician or doctor as hereinabove listed and which operate only under such licensed physician or doctor's direction; nor a duly licensed hospital or medical clinic;

(2)

Athletic trainers of a bona fide athletic team when such trainers are massaging members of such team to stimulate circulation or to prevent injury or to relieve pain, tightness, trauma, or stress associated with athletic competition;

(3)

A bona fide licensed health, fitness, exercise or athletic facility (spa or gym) which offers supervised exercise and body fitness training provided that massages are performed as an "accessory use" by a massagist duly licensed under section 5-200 to the patrons of the health and fitness facility. To qualify as an "accessory use," no more than fifteen (15) percent of the area of the building establishment (building or portion of building occupied for such business) shall be utilized for performing massages, and no more than one massagist shall perform massages for each three (3) employees and workers (including massagists) on duty and working at the managed health and fitness facility at the time massages are offered.

(4)

Other licensed business establishments providing massages as an "accessory use" of the business and business establishment upon written application and upon such conditions and restrictions as the governing authority may approve for a special accessory use exemption. Massagists allowed under this paragraph (4) shall be licensed under section 5-200 of this article.

Any business establishment, or person qualifying for an exemption as defined herein or granted a special exemption shall be subject to reasonable inspection and close scrutiny by city officials or employees to assure that the exemption is applicable.

(g)

Other than as specifically excepted in the subsection next above, no massage shall be administered by a person who does not have a current valid massagist license.

(h)

No massage shall be administered at any location other than on the premises of a duly licensed massage parlor or establishment.

(i)

Severability. It is declared to be the legislative intent that if any subsection, paragraph, sentence, clause, or provision of this article is declared void, unconstitutional or invalid for any reason, such portion or provision thereof shall be severable from the article or applicable section hereof. The remaining portion or provisions of Article VIII, or all applications and the appropriate enforcement thereof, shall not be affected and shall be interpreted, if necessary so as to give a meaning consistent with the purpose and intent of Article VIII. No void, unconstitutional or invalid portion, or prescribed provision, or application thereof, was an inducement to the enactment of Article VIII codified by this section.

(Code 1963, § 16½-2; Ord. No. 2060, § 2, 8-20-96; Ord. No. 2142, §§ 2—4, 7-7-98)

State law reference

Municipal abatement of nuisances, Miss. Code Ann. 1972, §§ 21-19-1, 41-23-13; county health department, Miss. Code Ann. 1972, § 41-3-43; municipal regulations of health, Miss. Code Ann. 1972, § 41-3-57; violation of health rules, Miss. Code Ann. 1972, § 41-3-59.

Cross reference

Zoning, App. A.