The words, terms and phrases, when used in this article shall have the meanings set forth in this section, except where the context clearly indicates a different meaning:

Administrator. The building official of the City of Orange or any person designated by the city manager to administer the provisions of this article.

Athletic Trainer or Athletic Coach. A person who administers health care to persons in the preparation for or performance in an athletic or sporting event and includes treatment of an injury or injuries suffered from participation in an athletic or sporting event and subscribes to the practices, ethics and professional conduct of the National Athletic Trainers' Association.

Athletic Training Facility or Sports Facility. An establishment whose primary purpose is to provide for the development of athletic or sports performance, for the conduct of athletic or sporting events, or for the treatment of injuries suffered during the preparation for or performance in an athletic or sporting event. Athletic training facilities or sports facilities are typically owned by educational institutions including, but not limited to, high schools and colleges, municipal governments, or by professional sports teams.

Massage Establishment. Any building, room, place, or any establishment whose business includes advertising or offering massage therapy or other massage services upon the human body for compensation by any person whether with or without the use of mechanical, therapeutic or bathing devices and shall include Turkish bathhouses, spas and day spas. This term shall not include beauty parlors or barbershops duly licensed by the State of Texas, or licensed hospitals, medical clinics, or licensed physical therapy facilities or establishment wherein registered physical therapists treat only patients recommended and referred by a licensed physician and operate only under such physician's direction.

Massage Therapist. A person who practices or administers massage therapy or other massage services to a client for compensation. The term includes a licensed massage therapist, therapeutic massage practitioner, massage technician, masseur, massage therapist, myotherapist, body massager, or any derivation of those titles.

Massage Therapy. The manipulation of soft tissue by hand or through a mechanical or electrical apparatus for the purpose of body massage and includes effleurage (stroking), petrissage (kneading), tapotement (percussion), compressions, vibration, friction, nerve strokes, and Swedish gymnastics. The terms "massage," "therapeutic massage," "massage technology," "myotherapy," "body massage," "body rub," or any derivation of those terms are synonyms for "massage therapy."

Residence. A home, abode, or place where an individual is actually living at a specific point in time.

Sanction. Has the meaning assigned by Section 51.001 of the Texas Occupations Code.

(Ordinance 2024-07, § 1(Exh. A), adopted 4/23/24)

This article shall not apply to an athletic training facility or sports facility where care is provided by an athletic trainer or an athletic coach.

(Ordinance 2024-07, § 1(Exh. A), adopted 4/23/24)

(a)

Unless excepted by Subsection (b), a massage establishment shall be licensed by the Texas Department of Licensing and Regulation (TDLR) or any successor state agency. The license holder shall display such license in a prominent location inside the massage establishment and shall make a copy of such license easily accessible and available for inspection by the public and the administrator.

(b)

A place of business is not required to hold a massage establishment license if:

(1)

The place of business is owned by the federal government, the State of Texas, or a political subdivision of the State of Texas;

(2)

At the place of business, a licensed massage therapist practices as a solo practitioner; and:

(A)

Does not use a business name or assumed name; or

(B)

Uses a business name or an assumed name and provides the massage therapist's full legal name or license number in each advertisement and each time the business name or assumed name appears in writing;

(3)

At the place of business, an acupuncturist, athletic trainer, chiropractor, cosmetologist, midwife, nurse, occupational therapist, perfusionist, physical therapist, physician, physician assistant, podiatrist, respiratory care practitioner, or surgical assistant licensed or certified by the State of Texas employs or contracts with a licensed massage therapist to provide massage therapy as part of the person's practice; or

(4)

At the place of business, a person offers to perform or performs massage therapy:

(A)

For not more than seventy-two (72) hours in any six-month period; and

(B)

As part of a public or charity event, the primary purpose of which is not to provide massage therapy.

(c)

Unless the person is exempted under Subsection (b), a person may not represent that the person is a massage establishment unless the person holds a massage establishment license from the Texas Department of Licensing and Regulation or any successor state agency.

(Ordinance 2024-07, § 1(Exh. A), adopted 4/23/24)

The administrator shall verify with the Texas Department of Licensing and Regulation (TDLR), or any successor state agency, that the applicant has successfully passed a criminal background check acceptable to the TDLR. In the event the TDLR has not conducted a criminal history background check, the administrator, in his or her discretion, may conduct a criminal history background check on the applicant, owner, operator, or investor in the massage establishment. If the administrator discovers that the owner, operator, or investor in the massage establishment has engaged in criminal activity, the administrator may consult with the city manager and city attorney to pursue all avenues of enforcement allowed by this code, or by State of Texas law, or by federal law.

(Ordinance 2024-07, § 1(Exh. A), adopted 4/23/24)

(a)

Whenever necessary to inspect or enforce any of the provisions of this article, the administrator may enter the building or premises at all reasonable times during the hours of operation to conduct any duty authorized by this article. If the building or premises are occupied, the administrator must present proper credentials and request entry. If the building or premises are unoccupied, the administrator must make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry is refused or if the owner or other person having charge or control of the building or premises cannot be located, the administrator may exercise all enforcement powers granted by law to secure entry.

(b)

The administrator reserves the right, and shall be authorized to, enter the premises at all reasonable times to inspect the massage establishment, if in the sole discretion of the administrator, an inspection is required to protect the public health, sanitation, safety or zoning authority of the City of Orange.

(Ordinance 2024-07, § 1(Exh. A), adopted 4/23/24)

The administrator shall have primary responsibility for enforcing all provisions of this article. Other officers of the City of Orange, as designated by the city manager, shall share responsibility for enforcing the provisions of this article.

(Ordinance 2024-07, § 1(Exh. A), adopted 4/23/24)

The following requirements are standards for the operation of any massage establishment. It shall be unlawful for any license holder, owner, operator, or manager of a massage establishment to violate any of the following regulations:

(a)

A massage establishment shall only open for business no earlier than 8:00 a.m. on any day and shall close for business no later than 10:00 p.m. on any day.

(b)

A massage establishment shall only be located and operated in a zoning district permitted by the land use matrix of the City of Orange zoning ordinance.

(c)

A massage establishment shall not be used as a place of residence.

(Ordinance 2024-07, § 1(Exh. A), adopted 4/23/24)

No massage establishment may be located in, owned, or operated in any zoning district:

(a)

Where three (3) or more arrests have occurred or citations in lieu of arrest have been issued for an offense under Sections 43.02, 43.021, 43.03, 43.04, 43.05, or 71.02 of the Texas Penal Code that was committed at the massage establishment;

(b)

Where an offense under Chapter 20A or Sections 34.02, 43.02, 43.021, 43.03, 43.04, 43.05, or 71.02 of the Texas Penal Code was committed that resulted in a conviction;

(c)

That is operating at a location where another massage establishment against which a sanction was imposed for a violation of this section previously operated; or

(d)

That is operating at a location where another massage establishment owned or operated by an individual against whom a sanction was imposed for a violation of this article previously operated.

(Ordinance 2024-07, § 1(Exh. A), adopted 4/23/24)

(a)

The owner or operator of a massage establishment subject to Section 12.4008(c) may submit a request in writing to the city council for an exemption from the regulation. The request must include documentation sufficient to demonstrate the owner or operator has undertaken or implemented procedures and controls to prevent the commission of any offense listed in Section 12.4008(a) and Section 12.4008(b).

(1)

The city council shall consider, but is not required to approve, the requested exemption at the next regularly scheduled meeting of the city council to be held on a date after the date on which the request is received and that allows sufficient time to comply with Chapter 551 of the Texas Government Code if:

(A)

The ownership of the massage establishment subject to a regulation adopted under Section 12.4008(c) changed less than two (2) years before the date of the request under Section 12.4009(a); and

(B)

The current owner of the massage establishment is not an individual against whom a sanction has been imposed for a violation of this article.

(2)

The city council shall approve the requested exemption as soon as practicable after the date on which the request is received if:

(A)

The ownership of the massage establishment subject to a regulation adopted under Section 12.4008(c) changed at least two (2) years before the date of the request under Section 12.4009(a);

(B)

In the two-year period preceding the date of the request under Section 12.4009(a) of this article, an arrest has not occurred for, a citation in lieu of arrest has not been issued for, and a conviction has not resulted from an offense listed in Section 12.4008(a) or Section 12.4008(b) of this article committed at the massage establishment; and

(C)

The current owner of the massage establishment is not an individual against whom a sanction has been imposed for a violation of Section 12.4008 of this article.

(Ordinance 2024-07, § 1(Exh. A), adopted 4/23/24)