State licensed massage therapists and businesses offering massage therapy services perform an important service in addressing the health and wellbeing of our citizens. Unfortunately, there are businesses that advertise they provide massage therapy or other therapeutic services, but they are engaged in various illegal activities which may include prostitution or human trafficking. This chapter is not intended to discourage a legitimately licensed massage therapist or massage therapy business from providing their services in the City. The purpose of this chapter is to identify and address businesses that engage in the practice of massage therapy without a license or are involved in illegal activities which may include prostitution or human trafficking. Businesses providing massage therapy yet conducting various types of illegal activity are harmful to the City and the image of the massage therapy profession. Unlike massage therapy, the State does not license reflexologists and reflexology businesses in Section 152C of the Code of Iowa. Legitimate reflexologists and businesses offering reflexology services perform an important service in addressing the health and wellbeing of the City’s residents. Unfortunately, there are businesses that advertise they provide reflexology services, but actually engage in various illegal activities. This chapter is not intended to discourage legitimate reflexologists or reflexology businesses from providing their services in the City. The purpose of this chapter is to identify and address businesses that engage in the practice of reflexology without a license or are involved in illegal activities. Businesses providing reflexology yet conducting various types of illegal activity are harmful to the City community and the reflexology profession. The implementation of this chapter will better enable the City to proactively screen, monitor, and remove businesses that are engaged in illegal activity.

   For the purposes of this chapter, the following words and phrases have the meanings herein set forth, unless it is apparent from the context that a different meaning is intended.

   1.   “License” means permission granted by competent authority to exercise a certain privilege that, without such authorization, would constitute an illegal act. The document that confers permission to a person to engage in massage therapy shall be issued by the Iowa Board of Massage Therapy for the State; massage therapy business licenses shall be issued by the City.

   2.   “Massage therapy business” means any place of business wherein any of the treatments, techniques, or methods of treatment referred to in Subsection 5 are administered, practiced, used, given, or applied.

   3.   “Massage therapist” means a person licensed to practice the health care service of the healing art of massage therapy under Chapter 152C of the Code of Iowa.

   4.   “Massage patron” means any person who receives, or pays to receive, a massage or massage services from a massage therapist for value.

   5.   “Massage therapy” means performance for compensation of massage, myotherapy, massotherapy, bodywork, bodywork therapy, or therapeutic massage, including hydrotherapy, superficial hot and cold applications, vibration and topical applications, or other therapy which involves manipulation of the muscle and connective tissue of the body, excluding osseous tissue, to treat the muscle tonus system for the purpose of enhancing health, muscle relaxation, increasing range of motion, reducing stress, relieving pain, or improving circulation.

   6.   “Reflexology business” means a place of business where only “reflexology” is practiced or administered. Reflexology business does not mean a massage therapy business where licensed massage therapists perform or administer reflexology.

   7.   “Reflexologist” means a person who performs reflexology.

   8.   “Reflexology patron” means any person who receives, or pays to receive, reflexology services from a reflexologist for value.

   9.   “Reflexology” means manipulation of the soft tissues of the human body which is restricted to the hands, feet, or ears, performed by persons who do not hold themselves out to be massage therapists or to be performing massage therapy.

   1.   No person shall operate a massage therapy or reflexology business, either exclusively or in connection with another business, without being licensed by the City as provided in this chapter.

   2.   If a business is operating as a massage therapy business as defined in this chapter and reflexology services are being provided by a licensed massage therapist, the business falls under the provisions of a massage therapy business under this chapter, and does not have to obtain a separate reflexology business license.

   1.   New Massage Therapy and Reflexology Businesses to the City.

      A.   The initial license fee for a new massage therapy or reflexology business to the City is $75.00. There is an additional fee of $25.00 for each person performing massage therapy or reflexology employed at the business. The additional fee will apply to a maximum of three additional employees performing massage therapy or reflexology at the business or a maximum license fee of $150.00. The license fee and additional fees shall be paid when the application is filed.

      B.   The license, if granted, and not revoked or suspended, shall be valid so long as the business does not materially change ownership, business name, or the service provided. An annual review shall be initiated by the Police Department, to confirm business ownership, business name, service(s) provided, and accurate and up-to-date state licenses for the employees performing message therapy and reflexology.

      A.   If an application properly submitted is approved, and the massage therapy or reflexology business remains in continuous operation, renewal fees for a massage therapy or reflexology business license will be waived. A massage therapy or reflexology business grandfathered in under this section will be required to pay a $25.00 fee for each additional employee not included in their original application (up to a maximum fee of $75.00). The business will be required to go through the annual review process.

   3.   A separate license shall be obtained for each place of business. The licensee shall display the license in a prominent place in the licensed business at all times.

   4.   How Renewal Fee Determined. The Police Department will track personnel time costs related to the licensing program to quantify those costs and to evaluate program effectiveness.

   5.   During the 12-month licensed period, the massage therapy or reflexology businesses will be required to notify the Police Department of changes in massage therapist or reflexology staffing or business manager.

   Application for a Massage Therapy or Reflexology Business License shall be made on forms provided by the Police Department. The application must be submitted to the Police Department within 60 days of the date this chapter becoming effective and before opening a massage therapy or reflexology business, whichever is earlier. The application shall include the most current and updated information as requested below:

   1.   The business name, the address of the property to be used, and documentation establishing the applicant’s interest in the premise on which the business will be located, which shall be in the form of a lease, deed, or other document that establishes the applicant’s interest;

   2.   The names, ages, and addresses of the applicant, owner, manager, and all employees who are or will be employed or present on the premises to perform massage therapy or reflexology. This includes all other persons who work on the business premises, whether employees or independent contractors of the business, along with a description of the work performed;

   3.   Dates and locations of other places the applicant has owned or operated as a massage therapy or reflexology business;

   4.   Descriptions of all crimes or other offenses, including the time, place, date, and disposition for which the applicant, owner, manager, and all persons employed by the applicant or present on the premise to perform massage therapy or reflexology have been arrested, charged, or convicted, excluding traffic violations;

   5.   A statement as to whether the applicant, owner, manager, or any person employed by the applicant has had any license or permit to perform massage therapy or reflexology denied, revoked, or suspended in any city, state, county, or any country and the reason for the denial, revocation, or suspension;

   6.   A government issued photo identification card of the applicant, owner, manager, and all employees or persons present on the premises who are or will be employed to perform massage therapy or reflexology and independent contractors of the business to verify and confirm identity of individuals referenced in Subsection 2;

   7.   Such other information as the Police Chief may require for purposes of conducting a background check. If it is determined that a nationwide background check is required, the applicant may be responsible for the expense to complete the background check.

   8.   Insurance. Any application for a license shall be accompanied by proof of insurance, executed by an insurance company authorized to do business in the State, in the amount of $2,000,000.00 per occurrence, $6,000,000.00 per policy year. All insurance policies hereunder shall provide for at least 30 days prior notice to the Police Department before a cancellation thereof is effective and shall continue to provide coverage as to all matters arising during the term of the insurance policy whether or not later cancelled.

   9.   Provide proof of current State massage therapy license for all employees who are or will be employed or present on the premises to perform massage therapy.

   Prior to opening or operating any massage therapy or reflexology business within the City, said proposed business shall obtain a business license from the City. Business license applications shall be reviewed by the Police Chief, who after considering all of the information provided and obtained in the background check, shall either grant or deny the license.

   1.   No license shall be issued if the applicant or any of its owners, managers, employees, or agents has a criminal conviction for a sex crime as defined by Chapter 709 of the Code of Iowa, or for prostitution as defined by Chapter 725 of the Code of Iowa, or for keeping a house of prostitution as defined by Chapter 657 of the Code of Iowa, or who is a registered sex offender, or who has been denied a license by any other community.

   2.   Licenses shall be issued only if the applicant and all of its owners, managers, employees, and agents are free of convictions for offenses which involve sex crimes or which relate directly to such person's ability or fitness to legally and safely perform the duties and discharge the responsibilities of the licensed activity.

   3.   Licenses shall only be issued to applicants who have provided all of the information requested in the application and have cooperated with the Police Department and other City officials in review of the application.

   4.   The business license, if issued, shall be displayed on the business premises in a conspicuous public area.

   This chapter shall not apply to the following businesses:

   1.   Businesses who employ or provide the services of persons who are licensed to practice medicine or surgery, osteopathic medicine and surgery, chiropractic, cosmetology arts and sciences, or podiatry in the State: or athletic trainers, nurses, occupational therapists, physical therapists, or physician assistants licensed, certified, or registered in this State or acting under the prescription or supervision of a person licensed to practice medicine, surgery, osteopathic medicine, or chiropractic in this State.

   2.   Massage therapists who are employed or are contracted to perform massage therapy in a business identified in Section 125.08(1).

   3.   Businesses who employ or provide the services of persons who are licensed, registered, or certified in another state, territory, the District of Columbia, or a foreign country when incidentally and temporarily present in this State to teach a course of instruction related to massage therapy and bodywork therapy.

   4.   Businesses which offer the services of students enrolled in a program recognized by the State Board of Massage Therapy while completing a clinical requirement for graduation performed under the supervision of a licensed person.

   5.   Persons giving massage therapy and bodywork to members of their immediate family.

   6.   Persons engaged within the scope of practice of a profession with established standards and ethics utilizing touch, words, and directed movement to deepen awareness of existing patterns of movement in the body as well as to suggest new possibilities of movement, provided that the practices performed or services rendered are not designated or implied to be massage therapy. Such practices include, but are not limited to, the Feldenkrais method, the Trager approach, and mind-body centering.

   7.   Persons engaged within the scope of practice of a profession with established standards and ethics in which touch is limited to that which is essential for palpitation and affectation of the human energy system, provided that the practices performed or services rendered are not designated or implied to be massage therapy.

   8.   Persons incidentally present in this State to provide services as part of an emergency response team working in conjunction with disaster relief officials.

   It shall be grounds for denial, revocation, or suspension of an application or massage therapy or reflexology business license if one or more of the following conditions are met:

   1.   If the applicant or licensee is not complying with or has a history of violations of the laws and ordinances that might adversely impact public health or safety.

   2.   If the licensee solicits or advertises to offer services that are a violation of this chapter.

   3.   If the licensee is convicted of any violation, reasonably related to the licensed activity, or occurring on the licensed premise, of any City ordinance or federal or State statute.

   4.   If there is fraud or deception involved in the license application.

   5.   If the licensee is found to be in control or possession of any narcotic drugs or controlled substances on the premises, for which they are licensed to operate, possession of which is illegal as defined by the States statutes or this Code of Ordinances.

   6.   If the licensee has, in the past, engaged in willful disregard for health codes and regulations.

   7.   If the applicant fails to provide all the information and certificates required by this chapter.

   8.   If the licensee permits an unlicensed individuals to conduct massage therapy or permits an undocumented individual to conduct reflexology services at the licensee’s premises.

   9.   If the licensee refuses to permit any authorized police officers or authorized City, County, or State governmental official to inspect the premises, operations, each person’s government ID found to be practicing massage therapy, and each person’s government ID that is found to be practicing reflexology.

   10.   If the licensee is found to be violating provisions of this chapter or the Code of Iowa.

   11.   If the business promotes its services on websites that are known to advertise services that are illegal.

   12.   If the applicant or licensee is not complying with or has a history of violations of sex crimes as defined by Chapter 709 of the Code of Iowa, or for prostitution as defined by Chapter 725 of the Code of Iowa, or for keeping a house of prostitution as defined by Chapter 657 of the Code of Iowa, or who is a registered sex offender, or the laws and ordinances that might adversely impact public health or safety as determined by the Police Chief.

   13.   If the licensee provided incomplete or inaccurate information on the application.

   1.   If an applicant has been denied, revoked, or suspended pursuant to this chapter, then said applicant may file a written request with the City Administrator for review of the decision of the Police Chief within 10 days from the receipt of said notice of denial, revocation, or suspension. Failure to file a written request for review of the decision within this time frame shall constitute a waiver of any right to contest the decision to deny, revoke, or suspend a license.

   2.   Within 10 days of the receipt of a request to review a decision of denial, revocation, or suspension of any applicant’s license, the City Administrator shall notify the applicant of a date, time, and place for a hearing to review the decision of the Police Chief. Said hearing shall be informal and the applicant may present any oral or written testimony the City Administrator deems pertinent.

   3.   Within 10 days from the hearing held pursuant to Subsection 2, the City Administrator will provide written findings and decision to the applicant.

   4.   If the applicant’s denial, revocation, or suspension is upheld by the City Administrator, the applicant may then appeal said decision to the District Court pursuant to the laws of the State.

   1.   Compliance with Law. The licensee and persons in its employ shall comply with all applicable regulations and laws of the City and State.

   2.   Person in Charge. If the applicant is a partnership, corporation, or other organizations, the applicant shall designate a person to be manager and in responsible charge of the business. The manager shall be a resident of the State. The manager shall provide written consent to serve as an agent for service of notices and other process relating to the business. The manager shall remain responsible for the conduct of the business until another suitable person has been designated, in writing, by the licensee. The licensee shall promptly notify the Police Chief, in writing, of any change indicating the address of the new manager and the effective date of such change.

   3.   Hours of Business. The licensed premises shall not be open for business nor shall patrons be permitted on the premises between the hours of 10:00 p.m. and 6:00 a.m.

   1.   If a massage therapy or reflexology business is not licensed as provided in this chapter, the business premises may be placarded. If the business information that is produced is either inaccurate or incomplete, the business may be placarded.

   2.   The Police Chief shall place in a highly noticeable location a placard stating “Unlicensed Massage Therapy (or Reflexology). It is unlawful to provide or receive massage therapy (or Reflexology) services; and is subject to criminal or civil penalty per Altoona Municipal Code 125.” This notice shall remain posted until required business information is obtained by the City or other legal use has been established.

   3.   No person shall remove the placard posted pursuant to Subsection 2 without the approval of the Police Chief.

   4.   No person shall continue to offer or receive reflexology services after a reflexology business has been placarded unless the Police Chief has approved the removal of the placard.

   5.   A person who commits or attempts to commit, conspires to commit, or aids or abets in the commission of an act constituting a violation of this chapter, whether individually or in connection with one or more other persons or as principal, agent, or accessory is guilty of a simple misdemeanor. A person who falsely, fraudulently, forcibly, or willfully induces, causes, coerces, permits, or directs another to violate a provision of this chapter is guilty of a simple misdemeanor.