1752ORDINANCE NO. 1752 (#05 - 2024)
AN ORDINANCE AMENDING JMC § 5.07, CREATING REQUIREMENTS FOR
MASSAGE BUSINESSES; DECLARING AN EMERGENCY; AND, FOR OTHER
PURPOSES.
WHEREAS, it has come to the attention of the City Council of the City of Jacksonville,
Arkansas, that it is necessary to create requirements for massage businesses. After due
consideration and review, the following is deemed reasonable and shall be imposed for the
protection and welfare of the citizens of Jacksonville, Arkansas.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: JMC § 5.07.010 — Definitions, shall be created and read as follows:
a) Advertise: To publish, display, or disseminate information and includes, but is not limited
to the issuance of any card, sign, direct mail, or causing or permitting any sign or marking
on or in any building or structure or in any newspaper, magazine, directory, or any
announcement or display via any televised, computerized, electronic, or telephonic
networks or media, including advertising through internet sites, online bulletin boards, or
internet forums.
b) Equity Holder: Any person who is a shareholder, partner, member, trustee, or other
principal owner of the massage business, who owns ten percent (10%) or greater financial
interest in the massage business, whether directly or indirectly through any number of
holding entities, partnerships, or trusts.
c) Massage Therapy: The treatment of soft tissues, which may include skin, fascia, and
muscles and their dysfunctions for therapeutic purposes of establishing and maintaining
good physical condition, comfort, and relief of pain. This service includes gliding,
kneading, percussion, compression, vibration, friction, nerve strokes, and stretching the
tissue. Massage therapy includes any of the following procedures:
1) Massage therapy techniques and procedures, either hands-on or with mechanical
devices;
2) Therapeutic application of oils, herbal or chemical preparations, lubricants,
nonprescription creams, lotions, scrubs, powders, and other spa services;
3) Therapeutic application of hot or cold packs;
4) Hydrotherapy techniques;
5) Heliotherapy; which may include mechanical devices, heat lamps, and other
devices;
6) Electrotherapy;
7) Any hands-on bodywork techniques and procedures rising to the level of the
techniques and procedures intended to be regulated under Arkansas State Law;
8) Cupping therapy
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9) Massage Therapist: Any massage practitioner as defined in Arkansas Code
Annotated 17-86-102.
d) Specified sexual activity: As defined under JMC §5.06.020 (k)
e) Specified anatomical area: As defined under JMC §5.06.020 (1)
SECTION TWO: JMC § 5.07.020 —Massage Business License Required; Transferability,
shall be created to read as follows:
a) Upon passage, it shall be unlawful for any person to operate a massage business without
possessing a valid massage business license for each premises where the massage business
operates.
b) Each massage business license shall specify the name under which the licensee will
operate, the address of the principal place of business, the expiration date, the number of
the license, and any other information the City Clerk deems necessary.
c) The massage business shall display the license in a conspicuous place readily visible to
persons entering the licensed premises.
SECTION THREE: JMC § 5.07.030 — State Licensure Requirements, shall be created to read
as follows:
No City of Jacksonville Privilege Business License / Massage License shall be issued to
any business, corporation, entity, individual, partnership, and/or professional who has not
met the requirements for certification or business operation set forth by the Arkansas State
Board of Health, Arkansas Massage Therapy Laws or Arkansas Rules for Massage
Therapy. A copy of the massage therapist's license, master therapist's license, and/or
apprentice license for employees must be provided.
SECTION FOUR: JMC § 5.07.040 — Application Requirements; Background Checks,
shall be created to read as follows:
a) In addition to the other requirements set forth in Title 5 - Business Licenses and
Regulations, the application for a massage business license shall include:
1) The full name and any other names under which each equity holder of the applicant
is or has been known and the residence address, telephone number, and date of birth
of each equity holder of the applicant;
2) A description of the specific types of services to be rendered;
3) Documentary evidence that the officers and managers of the applicant are at least a
minimum of eighteen (18) years of age;
4) Documentary evidence that the applicant has or will have possession of the
premises to be licensed during the term of the license by ownership, lease, rental,
or other arrangement;
5) A statement identifying the zone district of the premises; and
6) A detailed diagram showing the configuration of the premises to be licensed as
follows:
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i. The diagram shall be no larger than eight and one-half inches by eleven
inches (8 1/2 x 11);
ii. The diagram shall include the dimensions and total square footage of the
premises to be licensed but does not need to be drawn to scale;
iii. The diagram shall designate the use of each room or other definitive area of
the premises to be licensed;
iv. The diagram shall show the type of control of the exterior areas of the
premises to be licensed, including, without limitation, fences, walls, and
exterior entry/exit points;
v. If the premises to be licensed consists of multiple levels, a separate diagram
shall be filed for each floor
b) Each applicant's, principal's, managing agents, and equity holder's criminal history, any
conviction or guilty plea to a charge based on dishonesty, fraud, deceit, violence, weapons,
substance abuse or narcotics, sexual misconduct or prostitution related misconduct of any
kind, regardless of the jurisdiction in which the act was committed, may be considered in
a decision to grant, renew, revoke, or suspend the license.
c) In the event the licensing official takes into consideration criminal history, the licensing
official shall also consider any information provided by the applicant regarding criminal
history, evidence of mitigating factors, rehabilitation, character references, and educational
achievements, especially those items pertaining to the period of time between the
applicant's last criminal conviction and the consideration of the application for license
renewal.
SECTION FIVE: JMC § 5.07.050 — Fees and Terms, shall be created to read as follows:
Fees and terms are established under JMC §5.04.100 and §5.04.110
SECTION SIX: JMC § 5.07.060 —Exemptions, shall be created to read as follows:
a) Public and private schools accredited by the State Board of Education;
b) Facilities providing massage services by employees of any governmental entity;
c) Training rooms of a recognized professional or amateur sports organization, dance troupe,
athletic club, school district, or other such athletic organization;
d) Offices, clinics, and other facilities used by state -licensed health care professionals, other
than massage therapists, in the ordinary course of their health care profession. For purposes
of this section, a licensed massage therapist may provide massage services in a facility that
primarily is used for state -licensed health care services other than massage without
obtaining a massage business license;
e) Barber shops, beauty salons, and other facilities at which barbers and cosmetologists
licensed by the state provide massage services in the ordinary course of their professions.
ORDINANCE NO. 1752 (#05 - 2024)
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SECTION SEVEN: JMC § 5.07.070 —Denial, Suspension, or Revocation of License, shall be
created to read as follows:
In addition to the grounds set forth in Title 5 — Business Licenses and Regulations, a
massage business license may be denied, suspended, or revoked if the applicant, managing
agent, principal, or equity holder of the applicant:
a) Has made a willful misrepresentation in applying for and obtaining a license;
b) Has previously been denied a license under this part or has had a license issued
under this part suspended or revoked;
c) Has had a massage business license/permit revoked or suspended in another
jurisdiction;
d) Applicant's operation of a massage business would be a threat to the public health
or safety;
e) Has violated any provision of this part or any other applicable law;
f) Has failed within the required timeframe to remit payment for the City for any fees
incurred pursuant to this Code;
g) Has been convicted of operating with a license under this part or performing any
act for which a license is required under this part; or
h) Has violated any provisions of this General Licensing Code;
i) The suspension or revocation of a massage business license shall be subject the
provisions of JMC §5.04.140
SECTION EIGHT: JMC § 5.07.080 —Unlawful Acts and Violations, shall be created to read
as follows:
a) It shall be unlawful for any person to:
1) Directly or indirectly, personally or through an agent or employee, conduct
any massage business, or to use in connection with the massage business on
premises, in whole or in part, without possessing a valid massage business
license for each premises the massage business operates;
2) Make a willful misrepresentation in applying for or obtaining a massage
business license;
3) Flee, or attempt to flee, or elude inspection pursuant to this part;
b) It shall be unlawful for any principal or managing agent of a massage business to:
1) Employ any person as a massage therapist or to allow anyone person to
work as a massage therapist in a massage business who does not possess
both a valid government -issued, photographic identity card and a massage
therapist license.
2) Encourage, permit, or tolerate any employee or client of the massage
business to engage in specified sexual activities or to expose the employee's
specified anatomical areas within the premises.
3) Fail to keep records as required by this part or fail to permit inspection of
records as required by this part.
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4) Fail to immediately report to law enforcement any specified sexual
activities in a massage business between an employee of the massage
business and a client.
5) Permit the massage business premises to be used for living or sleeping
quarters for any person when not otherwise permitted by this Code.
c) It shall be unlawful for any massage business to advertise specified sexual
activities, prostitution, escort services, or other sexual services or to employ
language in the text of any advertising or any images that would reasonably suggest
to prospective client that any specified sexual activities are available through the
massage business or at the licensed premises.
d) It shall be unlawful for any massage business to operate between the hours of eight
o'clock (8:00) P.M. and eight o'clock (8:00) A.M., inclusive.
e) Each principal, managing agent, and equity holder shall not violate, or permit to be
violated any local, State, or Federal law based on acts of dishonesty, fraud, deceit,
violence, weapons, substance abuse or narcotics, sexual misconduct, prostitution
related misconduct of any kind, or human trafficking laws, whether or not the acts
were committed in the State of Arkansas
SECTION NINE: JMC § 5.07.090 —Records and Inspections; Enforcement, shall be
created to read as follows:
a) The provisions of this Chapter shall be enforced by the Jacksonville Code
Enforcement Office and the Jacksonville Police Department.
b) The managing agents and principals shall keep and maintain records for all
employees and independent contractors of the massage business during the term of
the person's employment and for at least three (3) years thereafter. These records
shall, at a minimum, contain the following: name, age, current address and
telephone numbers, description of the duties and responsibilities of the person, a
copy of the valid government -issued identification card of the person, and any other
information reasonably required by the City Clerk's Office. The records shall
include a copy of the massage therapist license held by any massage therapist
working on the premises.
c) The Code Enforcement Office and Jacksonville Police Department may inspect
each licensed massage business to determine compliance with the provisions of this
part. The Code Enforcement Office or Jacksonville Police Department shall inspect
the premises and records at any reasonable time during the hours of operation or
apparent activity. The licensed premises, including any places of storage, shall be
open and made immediately available for inspection. Where any part of the
licensed premises consists of a locked area, the area shall be unlocked and made
available for inspection without delay upon request of the Code Enforcement Office
or Jacksonville Police Department.
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SECTION TEN: JMC § 5.07.100 —Notice of Unlicensed Massage Business, shall be
created to read as follows:
Where the Code Enforcement Office or the Jacksonville Police Department determines that
an unlicensed premises is being used to operate a massage business, in addition to any other
notice provided for in Title 5 — Business Licenses and Regulations, the Code Enforcement
Office or the Jacksonville Police Department may provide notice of the requirements of
this part to the owner and occupants by affixing a notice to the principal entrance of the
unlicensed premises and by mailing notice to the property owner as their address appears
on the tax records of the County Assessor.
SECTION ELEVEN: All Ordinances, parts of Ordinances, or previous actions taken by
said Council in conflict herewith are hereby repealed to the extent of such conflict.
SECTION TWELVE: This Ordinance, necessary for the continued efficient delivery of
public services and for the benefit, health, safety, and welfare of the citizens of Jacksonville, should
be implemented immediately to all applicable current and future businesses. Therefore, an
emergency is hereby declared, and this Ordinance shall be in force and effect from and after its
date of passage.
APPROVED AND ADOPTED THIS 4th DAY OF APRIL, 2024.
CITY OF JACKSONVILLE, ARKANSAS
�. OR
ATTEST:
SUSAN DAVIT'1, CITY CLERK
APPROVED AS TO FORM:
1 ✓
STEPp ANIE FRIEDMAN, CITY ATTORNEY