§ 6-46. Massage parlors.

(a)

Definitions. As used in this section, the following words and terms shall have the meanings stated:

Massage means the performance of manipulative exercises upon the human body of another by rubbing, kneading, stroking, or tapping with the hand or hands or with any mechanical or bathing device.

Massage parlor means any place or establishment wherein a massage is made available to the public for a monetary or valuable consideration.

(b)

It is unlawful for any person, partnership or corporation to own, establish, maintain or operate a massage parlor without a license therefor from the city in accordance with this section.

(c)

The provisions of this section shall not apply to:

(1)

A duly licensed medical doctor, osteopath, chiropractor, nurse, or physical therapist while engaged in the practice of their respective profession;

(2)

A person engaging in the practice of massage on his or her spouse or relative within the first degree of consanguinity in either of their residences; or

(3)

A place or establishment which is a duly licensed hospital, dispensary, convalescent home or nursing home.

(d)

In any prosecution for violation of this section, these exceptions shall constitute affirmative defenses and it shall be incumbent upon the defendant to show that he or she or the place involved is not subject to the provisions of this section.

(e)

Each word, phrase and paragraph of this section is hereby declared to be an individual section or provision, and the holding of any word, phrase or paragraph to be void, ineffective or unconstitutional for any cause whatsoever, shall not be deemed to affect any other word, phrase or paragraph hereof or the application of any word, phrase or paragraph to circumstances or facts not connected with such holding.

(Code of 1979)