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HomeMy WebLinkAboutO-883ORDINANCE NO. U 8-3 AN ORDINANCE TO PROMOTE THE PUBLIC HEALTH, SAFETYx AND GENERAL WELFARE BY PROVIDING FOR THE INSPECTION AND REGULATION OF THE BUSINESS OF OPERATING MASSAGE PARLORS AS FURTHER DEFINED HEREIN AND TO PROHIBIT ACTS OF PROSTITUTION; DIRECTING OR TRANSPORTING FOR PURPOSES OF PROSTITUTION; KEEPING A PLACE OR BUILDING FOR PURPOSES OF PROSTITUTION; LOITERING FOR PURPOSES OF PROSTITUTION; ADVANCING OR PROFITING FOR PROSTITUTION; PATRONIZING A PROSTITUTE; AND OTHER RELATED ACTS. FURTHER PROVIDING IT UNLAWFUL TO ATTEMPT TO DO CERTAIN ACTS; FURTHER PROVIDING FOR PUNISHMENT -FOR VIOLATION OF THIS ORDINANCES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: SECTION ONES It is hereby declared that the business of operating massage parlors as defined herein are businesses affecting the public health, safety and general welfare; that such businesses have been used as fronts for the conduct of prostitution, assignation and lewdness, and that, in order to protect the public_ interest, health, safety and general welfare, it is necessary that such businesses be regulated in order to prevent their use for Unlawful and illegal activities; it is further declared that, in order to protect the public health, safety and general welfare, it is necessary that acts of prostitution$ acts furthering prostitution and other related acts be and the same hereby are prohibited. SECTION TWOS The fol 1 owi ng 'wor. ds when used in this ordinance shall, -For the purpose of this ordinance, have the meanings respectively ascribed to them by this section; use of any term herein denoting the male gender shall include the female gender. A. Massage Parlor: The phrase "massage parlor" shall mean any establishment, building, room, or place other than a regularly licensed hospital, medical clinic, nursing home or dispensary, offices of a physician, surgeon or osteopath, where non -medical, non- surgical, non -osteopathic and non -chiropractic manipulative exercisers, massages, or procedures are practiced upon the human body, or any part thereof, for other than cosmetic or beautifying purposes, with or without the use of mechanical or other- devices, by anyone not a physician, surgeon, osteopath, chiropractor or similarly registered professional, and shall include any place where baths; exercises or similar services are offered. B• Masseur and Masseuse: The term "masseur" (male) and the term "masseuse" (female) refers to a person who practices any one or more of the arts of body massage, either by hand or by mechanical apparatus, oil rubs, corrective gymnastics, mechanotherapy, including color therapy, dietetics, hot packs, cabinet, tub, shower, sitz, vapor, steam, or any other special type of bath. C. Establishment: The word "establishment" means a place of business or operation of any kind. D. Person: The word "per -son" includes a firm, a partnership, an association of persons, a corporation, an organization, or any other group acting as a unit. E. Public'olace: "Public place" means a place to which the public or a substantial portion of the public has access, and includes but is not limited to highways, transportation facilities, schools, playgrounds and hallways, places of amusement, lobbies and other portions of apartment houses not constituting rooms or apartments designed for actual residence; provided that no private dwelling and no place engaged for a private gathering is included within the meaning of public place with respect to any person specifically invited therein. F. Known prostitute or panderer: A person who, within a year previous to the date of arrest for a violation of any of the provisions of th'i s ordinance, has, within the E::nowl edge of the arresting officer, been convicted of violating any ordinance of the City of Fairhope or any statute of the State of Alabama prohibiting and punishing any of the following or any similar act or acts: engaging in prostitution; soliciting another to engage in an act of prostitution; advancing or profiting from prostitution; renting a room for purposes of prostitution, to commit a crime against nature, or -for an immoral purpose; enticing or using females for the purpose of prostitution, committing a crime against nature, or for immoral purposes; any act prohibited by this ordinance; or any act constituting se>cual activity for hire. G. Transportation facility: any conveyance, premises or place used for or in connection with public_ passenger transportation, whether by air, railroad cars, or buses and air, boat, railroad and bus stations or terminals and all appurtenances thereto. H. Loitering: For purposes of this ordinance, means remaining idle in essentially on place and shall include the concepts of spending time idly, 2 loafing or walking about aimletSly. I. Sexual activity: For purposes of this ordinance, means any type of sexual intercourse, sexual contact, or crimes against nature, and shall include the acts of normal sexual intercourse, anal. intercourse, oral sex acts, or the touching or fondling in any manner of female breasts, or male or female genitals. The above definition shall not be deemed to be all inclusive. J. Advance Prostitution: A person "advances prostitution" if, acting other than as a prostitute or patron of a prostitute, he knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons or premises for prostitution purposes, or operates or assists in the operation of a house of prostitution or a prostitution enterprise. K. Profit from Prostitution: A person "profits from prostitution if, acting other than as a prostitute receiving compensation for personally rendered prostitution services, he accepts or receives money or other property pursuant to a prior agreement with any person whereby he participates or is to participate in the proceeds of prostitution activity. L. Prostitution: means engaging or agreeing or offering to engage in se:cual activity with another person in return for or for payment of a fee, profit, compensation or the promise of or agreement to receive a fee, profit or compensation. SECTION THREE: It shall be unlawful for any person to operate a massage parlor as herein defined without first having acquired from the City of Fairhope a business license for the operation of such business as required by the licensing provisions of the Code of Ordinances of the City of Fairhope, Alabama. SECTION FOUR: Any massage parlor- licensed by the City of Fairhope shall at all times comply with all rules, regulations and requirements as shall now or hereafter be promulgated by the Baldwin County Health Department, and any premises used for the purposes of a massage parlor shall, during all hours of operation, be made open and available to inspection by the Baldwin County Health Department for the purpose of assuring compliance with the said health rules, regulations and requirements. Each such massage parlor shall be equipped with toilet and lavatory facilities -for employees, and each operating area shall be equipped with a hand lavatory. 3 SECTI.ON FIVE: Every massage parlor shall conform to the following requirements for cleanliness of equipment: (a) No towels, wash cloths, or other linen items shall come in contact with the body or any part thereof of any customer or patron until such item shall have been sterilized and laundered since last used. (b) Every person applying or administering massages shall cleanse his or her hands thoroughly by washing same with soap and hot water before attending or massaging any person. (c) Any person, while applying or administering massages, shall be clothed from the shoulders to the knees by a robe, smock or other opaque apparel so that the customer or patron shall be protected from bodily contact with the person applying or administering the massage except for contact by the hands or arms of the person administering such massage. (d) Any massage parlor licensed pursuant to this ordinance shall be equipped with running hot and cold water and with all appliances, furnishings and materials as may be necessary to enable persons employed in and about such massage parlor to comply with the provisions of this ordinance. SECTION SIX: RESERVED SECTION SEVEN: No massages shall be administered or applied by any licensee hereunder nor by any employee or attendant while working for such licensee, except in or upon the premises or regular place of business of said licensee where such license is regularly displayed and at the place and location designated by such license for the operation of such massage parlor. SECTION EIGHT: No masseur, masseuse or other employee in any massage parlor licensed hereunder shall apply or administer any massage or other- treatment to any person behind locked doors. SECTION NINE: RESERVED SECTION TEN: It shall be Unlawful for any person to render any service to the public upon the premises of a massage parlor- except during the time that the establishment i'i�`dpen with free access thereto by the public. During such time, all portions of such establishment shall to open to inspection by any lawful officer of the City of Fairhope, including the Chief of Police and his officers, or to any officer or inspector of the Baldwin County Health Department. SECTION ELEVEN: No owner or manager of a massage parl.or shall authorize or permit within such establishment any activity or behavior prohibited by the laws of the State of Alabama or ordinances of the City • of Fairhope, including such laws proscribing acts of prostitution, sodomy, adultery, fornication, sexual abuse or any lewd or obscene act or performance. Any conviction of the manager or any employee of a massage parlor of a violation of the hereinabove mentioned laws or ordinances shall be grounds for revocation of.any license granted hereunder. SECTION TWELVE: It shall be;unlawful for any establishment, whether a public_ or private facility, to operate a massage parlor, bath parlor or similar type of business, where any physical contact between the provider and the recipient of such service occurs, except the hands and arms of the person providing the massage. SECTION THIRTEEN: It shall be unlawful for any masseur, masseuse, attendant or other person employed in a massage parlor to massage or in any way to touch the genital organs of another in connection with any massage or other service rendered by or within such establishment in connection with such service. SECTION FOURTEEN: Any license issued hereunder by the City of Fairhope may be revoked by the City upon the violation of any section, requirement or provision of this ordinance by the licensee or any agent, attendant or other employee of such licensee, provided, however, that such licensee shall first be notified in writing of such violation and shall be afforded a hearing before the City Council of the City of Fairhope. Written notice of any violation hereunder may be served by hand delivery ref notice to the licensee, or, in his absence, to any adult employee at the licensed premises, or by sending such notice via Certified Mail to the licensee to address of licensed premises, not less than ten (10) days prior to such hearing before the City Council. Licensee may present such evidence to the Council as licensee may desire. In the event of revocation of any license issued hereunder such licensee shall not be entitled to the issuance of a subsequent license under this ordinance within the City of Fairhope or its police jurisdiction within twelve (12) months fol I•ciwing the date of such revocation. SECTION FIFTEEN: It shall be unlawful and an offense against the City of Fairhope: S A. For any person to loiter or remain in a public place for the purpose of engaging or soliciting another person to engage in an act of prostitution or sexual activity for hire. Among the circumstances which may be considered in determining whether such purpose is manifested are: that such person is a known prostitute or panderer; that such person repeatedly beckons to, stops or attempts to stop, or engages passers-by in conversation; or repeatedly stops or attempts to stop motor- vehicle operators or passengers by hailing, waving of arms or any other bodily gesture or by any other means. No arrest shall be made for a violation of this Section unless the arresting officer, by direct demand, first affords such person an opportunity to explain such conduct. . No person shall be convicted of violation of the provisions of this section and paragraph if it appears at trial that the explanation tendered was true and disclosed a .lawful purpose. P. For any person to engage in an act of prostitution. C. For any person to solicit, induce, entice, or procure another to engage in an act of prostitution. D. For any person to advance prostitution or to profit from prostitution. E. For any person to offer another or to offer or agree to secure another for the purpose of prostitution. F. For any person to patronize a prostitute. An act of patronizing a prostitute shall be deemed complete when: 1. Pursuant to a prior understanding a person Pays a fee to another person as compensation for such other person or a third person having engaged i. r•i sexual activity with him, or; 2. a person pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person will engage in sexual activity with him, or; _. A person solicits or regUests another to erigav,e in seXUal activity in return for- a fee. G. For any person to direct, tak.-e or transport or to offer or agree to or request another to take or transport NO I any person to any place, structure, or building or to any other place with knowledge that the purpose of such directing, taking or transporting is prostitution. H. For any person to invite or entice any person to go with him to any place or enter- any room, house, building, or enclosure for purposes of prostitution. I. For any person to E:.eep, set up,.maintain or operate any place, structure, building or conveyance for the purpose of prostitution, or to permit any person to remain there for such purpose. J. For any person to receive or offer or agree to receive any person into any place, structure, building or conveyance for the purpose of prostitution, or to permit any person to remain there for such purpose. For any person to reside in, enter into or remain in any place, structure, building or conveyance for the purpose of prostitution. L. For any person to rent or sublet any house, building or room or any enclosure, or to give lodging or shelter, for hire or otherwise, to any person for the purposes of prostitution. M. For any person to aid, abet or participate in the doing of any of the activities prohibited in this section. SECTION SIXTEEN: Whoever attempts to commit an offense prohibited by this ordinance and in such attempt does any act toward the commission of such offense, but failed in the perpetration or is intercepted or prevented in the e>:ecction of the same, commits the offense of criminal attempt and shall be punished as provided herein. SECTION SEVENTEEN: The license of -any hotel, rooming house, boarding house, lodging house or massage parlor which is in whole or in part devoted to the business of prostitution or housing prostitutes engaged in Prostitution shall be and become vacated and void upon conviction of any person controlling or being involved in the conduct, control, management or operation of any such establishment for such activity. Where a person makes an application for a license for any establishment named above and whose license has been vacated or voided upon conviction for conduct proscribed herein, the issuing authority shall examine into and investigate the"li'cense and shall issue the same only where such authority is satisfied, after such examination, that the applicant is of good moral character. If the issuance of such license is refused, an appeal of such non -issuance shall be all.owed to the Fairhope City Council ■I and the Council may sustain the non -issuance or may direct that license be issued, as it may deem proper. SECTION EIGHTEEN: Whenever any law enforcement officer encounters any person under any circumstances which reasonably indicate that such person'has committed, is committing or is about to commit a violation of this ordinance, such officer may temporarily detain such person for the purpose of ascertaining the identity of such person and the circumstances surrounding his presence abroad which led the officer to believe that the person had committed, was committing, or was about to commit a violation of this ordinance. No person shall be temporarily detained under the provisions of this section longer than is reasonably necessary to effect the purpose stated above. Such detention shall not extend beyond the place where it was first effected or the immediate vicinity thereof. If at any time during such detention it appears that there is probable cause to believe and such officer does believe that the person detained has committed or attempted to commit a violation of this ordinance, then such person may be arrested. In the course of determining whether a person has committed, was committing or was about to commit a violation of this ordinance, the law enforcement officer may consider the following: 1. Whether such person is a known prostitute or panderer C. That such person repeated beckons to, stops or attempts to stop, or engages passers-by in conversation; or repeatedly stops or attempts to stop motor vehicle operators or passengers by hailing, waving of arms or by any other bodily gesture or by any other means 3. Whether such activity described above, when observed by such officer, taken as a whole, led such officer to reasonably conclude that a violation of this ordinance has been committed, is being committed, or is about to be committed. SECTION NINETEEN: For the purpose of this ordinance, a certified copy of the judgment of conviction shall be prima facie evidence of each prior conviction. SECTION TWENTY: This ordinance shall be cumulative, supplemental and in addition to any presently existing provision of the Code of Ordinances or any other law of 0 any nature whatsoever which may have similar, like or overlapping provisions and which may be available for use by the City of Fairhope. SECTION TWENTY-ONE: Any person found guilty of violating any provision of this ordinance or of doing any act made unlawful by this ordinance shall be punished as provided in Section 1-8 of the Code of Ordinances of the City of Fairhope, Alabama. SECTION TWENTY-TWO: It is hereby declared to be the intention of the City Council of the City of Fairhope, Alabama that the sections, paragraphs, sentences, clauses and phrases o•f this ordinance are severable, and if any phrase,• clause, sentence, paragraph or section of the same shall•be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been adopted by the Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, paragraph, sentence or section. SECTION TWENTY-THREE: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION TWENTY-FOUR: This ordinance shall be in full force - and effect within the City of Fairhope, Alabama and the police jurisdiction thereof from and after its due adoption and r/��publication as required by law. ADOPTED THISoA DAY OF (�� 0 c� VN P. vw a� Cit Clerk O•- -0U Lj a Lij� m01 co zq occI zw Ow 0 , 1991. 7 ayor