Ord III-7

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TOPIC:                        LICENSES, PERMITS & FEES  

                                     LICENSED PREMISES


CODE:                       ORD III-7


STATUTES:              C. 138, SS. 1, 12, 14, 23 C. 140, S. 51, 
                                    181, 183A, C. 136 S. 4.

DATES:                     12/14/82, 11/18/80


ELEMENTS:               Rules for conduct and dress for places that are licensed under the above statutes such as bars, restaurants and massage parlors.  Generally places that have common victulars licenses from the License Commission.

SECTION 2.  Prohibits sale of alcohol on premises where certain conduct and dress is permitted.

                                    SECTION 3.  Definitions

                                    SECTION 4.  It is forbidden to employ or permit any person in or on the licensed premises while such person is unclothed, or in such attire as to expose to view any portion of the areola of the female breast or any portion of the male and / or female genitals, pubic hair, buttocks or groin.  Entertainers shall wear garments of a nontransparent material which conceal said genitals, pubic hair, buttocks and groin, and female entertainers shall wear a nontransparent material which conceals said genitals, pubic hair, buttocks and groin, and areola of the female breast.

SECTION 5.  It is forbidden to employ or permit any hostess, waitress, or other person to mingle with patrons while such person is unclothed or in such attire as would expose to view any portion of the areola of the female breast, or any portion of the male and / or female pubic hair, genitals, buttocks or groin.

SECTION 6.  It is forbidden to encourage or permit any person in or on the licensed premises to touch, caress or fondle the breasts, buttocks, or genitals of one’s own person or of any other person.

SECTION 7.  It is forbidden to employ or permit any person to wear any device, apparatus, or covering exposed to view which stimulates the breast, buttocks, pubic hair or genitals or any portions thereof which would be a violation of Section 5 above.

SECTION 8.  It is forbidden to employ any person in or on the licensed premises to perform an act or acts, or to simulate the act or acts of:

(a)    Sexual intercourse, masturbation, sodomy, flagellation, or any sexual acts prohibited by law.

(b)    Touching, caressing or fondling the breasts, buttocks, or genitals of another or one’s own person.

(c)    No (male) masseur nor (female) messeuse employed by an establishment licensed under C. 140, S. 51 shall practice massage upon or give or assist any type of baths to the opposite sex.

SECTION 9.  It is forbidden to allow any entertainer to perform in or on the licensed premises, while in the course of his or her entertainment or performance, to so entertain or perform less than 3 feet from any patron in or on the licensed premises.

SECTION 10.  It is forbidden to employ or permit any person in or on the licensed premises to show motion picture films, still photographs, or any other photographic reproductions depicting any person in any acts or any simulation of any acts prohibited in Section 5 through 9 inclusive.

SECTION 11. Building code requirements for massage parlors.  Lighting requirements, doors to be unlocked and free of obstruction, windows to permit visual observation

Cleaning and sterilization requirements, fire protection and escape.  No dimmers on lights.

SECTION 12.  No employee and / or entertainer shall solicit, induce, or request a patron to purchase any alcoholic or non-alcoholic beverage for them or any other person.  Nothing shall prohibit the above activities for persons that are related by blood or marriage.

SECTION 13.  No devices, mechanical, electrical or otherwise, shall by utilized by any licensee or anyone for whose conduct said licensee is responsible, for the purpose of signaling employees, entertainers, and / or patrons that agents of licensing authorities of law enforcement authorities are present.

SECTION 14.  License fees, transfer and expiration.  No person shall practice or advertise massage, vapor, pool, shower or bath without license from Health Dept.  Requirement of state licensed physical therapist.

SECTION 15.  Exceptions and Exclusions.   

(a)    Persons:  Physicians, School athletic trainers, chiropodists, podiatrists.  Registered barbers, hairdressers, facials scalp massages pursuant to C. 112, SS. 87H, I, T, JJ.

(b)   Establishment.  Hospitals, nursing and convalescent homes and similar licensed premises where massages an baths are performed.

SECTION 16.  Personal license requirements for application.

SECTION 17.  Establishment license requirements.  Hours of operation 11:00 to 00:30, code and health requirements, no living or sleeping quarters.  License to be posted.

(g)  No massage parlor or establishment shall be used for any immoral or indecent purposes whatsoever, any conviction of any immoral or indecent acts permitted or performed upon the premises shall be sufficient evidence for immediate revocation.


PENALTIES:             Not defined, revocation


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