AGENDA ITEM COVER PAGE File ID: #9101 Ordinance First Reading Sponsored by: Joe Carollo, Commissioner AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "OFFENSES- MISCELLANEOUS"; MORE PARTICULARLY BY ADDING A NEW ARTICLE II AND SECTIONS 37-100 THROUGH 37-111 TO REGULATE MASSAGE ESTABLISHMENTS; PROVIDING FOR DEFINITIONS, REGULATIONS, AND PENALTIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
File Number: 9101 City of Miami Legislation Ordinance Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "OFFENSES- MISCELLANEOUS"; MORE PARTICULARLY BY ADDING A NEW ARTICLE II AND SECTIONS 37-100 THROUGH 37-111 TO REGULATE MASSAGE ESTABLISHMENTS; PROVIDING FOR DEFINITIONS, REGULATIONS, AND PENALTIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 480.052, Florida Statutes, as amended, provides that a municipality, within its jurisdiction, may regulate persons and establishments licensed under Chapter 480, Florida Statutes, titled Massage Practice, ( Chapter ) provided that such regulation shall not exceed the powers of the state under the Chapter or be inconsistent with the Chapter; and WHEREAS, certain massage establishments have engaged in activities that promote human trafficking and forms of prostitution; and WHEREAS, the City of Miami ( City ) is desirous of protecting the health, safety, and welfare of its citizens and residents by providing for the regulation of massage establishments; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings found in the preamble of this ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 37 of the Code of the City of Miami, Florida as amended, titled "Offenses-Miscellaneous", is amended in the following particulars: 1 "CHAPTER 37 OFFENSES-MISCELLANEOUS ARTICLE I IN GENERAL * * * ARTICLE II MASSAGE ESTABLISHMENTS 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material.
Sec. 37-100. Definitions. (a) Masseur and Masseuse: For the purpose of this Article, the term "Masseur" or "Masseuse" shall mean and include a person who practices, administers, or teaches all or any one or more of the following subjects and methods of treatments: (1) A person who administers or teaches treatments with any mechanical or electrical apparatus for the purpose of body slenderizing, body reducing or body contouring. (2) A person who has studied the underlying principles of anatomy and physiology, including the theory of massage, its indications and contra-indications, and administers or teaches all or any one or more of the following subjects and methods of treatments: Oil rubs, salt glows, hot or cold packs, all kinds of baths including steam rooms, cabinet baths, sitz baths, color irrigations, body massage either by hand or by any mechanical or electrical apparatus or device (excluding fever therapy), applying such movements as stroking, friction, rolling, vibration, kneading, cupping, petrissage, rubbing, effleurage or tapotement. (3) Nothing in this article shall be construed as applying to State of Florida licensed barbers, cosmetologists, manicurists, pedicurists, physical therapists, physical therapist assistants, midwives, practical nurses, agents, servants or employees in licensed hospitals or nursing homes or other licensed medical institutions, licensed physicians, osteopaths, chiropractors, podiatrists, naturopathic physicians or other course of such agency, service or employment. (b) Massage establishment: For the purpose of this article, the term "Massage establishment" shall mean and include any health spas, health studios, exercise salons, relaxation spas, health salons, health clubs and adult relaxation spas, shop, parlor, establishment or place of business wherein all or any one or more of the named subjects and methods of treatments, as defined in subsection (a) of this section, are administered or practiced. (c) Massage: For the purpose of this article, the term "massage" shall mean and include all or any one or more of the named subjects or methods of treatments as defined in subdivision (2) of subsection (a) of this section. (d) Fee or gratuity: For the purpose of this article, the terms "fee" and "gratuity" shall mean and include payment by money, check or credit card or any combination thereof. Sec. 37-101. Physical contact between opposite sexes. It shall be unlawful for any person in any of the establishments described in section 37-100(b) hereof, or other similar type business, to provide any type of physical contact, touching or massage, for a fee or gratuity, wherein the recipient of the service provided receives such service from a person of the opposite sex, unless the person providing the service is a masseur or masseuse duly licensed in accordance with the provisions of Chapter 480, F.S. Sec. 37-102. Removing clothing. It shall be unlawful for any person in any of the establishments described in sections 37-100(b) hereof to request another person to remove his or her clothing, unless the person making the request is a masseur or masseuse duly licensed in accordance with the provisions of Chapter 480, F.S.
Sec. 37-103. Presence of licensed masseur or masseuse required. It shall be unlawful to operate any of the establishments described in sections 37-100(b) hereof, as defined in this article, unless there shall be in its employ and on duty full-time during the hours open for business, at least one licensed masseur or licensed masseuse. Sec. 37-104. Presence of person in charge. It shall be unlawful for any person, firm or corporation who shall be the owner of any of the establishments described in section 37-100(b) hereof, to operate that establishment unless the owner shall be present upon the premises or, in the event of the absence of the owner from the premises, unless the owner designates, in a signed writing to be left on the premises, a person to be in charge of the premises who shall also be a masseur or masseuse licensed in accordance with the provisions of Chapter 480, F.S. Sec. 37-105. Responsibility of owner and manager. It shall be unlawful for any person owning or managing or otherwise controlling any place of business located in the City of Miami, Florida, to cause or to knowingly permit any agent, servant, employee or other person under his control or supervision to participate in the conduct prohibited in section 37-101 or 37-102 of this article. Sec. 37-106. Human trafficking awareness signs at adult entertainment, massage, and bodywork services establishments. (1). The employer at each Massage Establishment shall display public awareness signs in a conspicuous location that is clearly visible to the public and employees of the establishment. (2). The required public awareness sign must be at least 8.5 inches by 11 inches in size, must be printed in at least 16-point type, and must state substantially the following in English, Spanish, and Creole: If you or someone you know is being forced to engage in an activity and cannot leave whether it is prostitution, housework, farm work, factory work, retail work, restaurant work, or any other activity call the National Human Trafficking Resource Center at 1-888-373-7888 or text INFO or HELP to 233-733 to access help and services. Victims of slavery and human trafficking are protected under United States and Florida Law. Posted pursuant to Section 787.29, Florida Statutes, Miami-Dade County Code Section 21-31.5, and City of Miami Code Section 37-106. Sec. 37-107. Windows. A Massage establishment shall maintain window signage so that there is a clear and unobstructed view of the interior of the reception area. No curtains or tints are permitted on any storefront windows. Sec. 37-108. Signage. The hours of operation must be posted in the front window and clearly visible from the outside. The owner and/or on duty manager must also post, on a daily basis in a conspicuous public place in the lobby, the name of the owner and/or on duty manager as well as all on duty masseurs and masseuses.
Sec. 37-109. Lighting. Each owner shall provide in each room where massage is given sufficient lighting and ventilation that complies with the Florida Building Code. The lighting in each massage room shall be at least one (1) sixty (60) watt white light bulb, or equivalent, and shall be activated at all times while the patron is in such room or enclosure. Sec. 37-110. Hours of operation. A Massage Establishment may only operate between the hours of 8 A.M and 9 P.M. unless it is part of a hotel, healthcare facility, time-share, or casino. Sec. 37-111. Penalty. Any person who violates any provision of this Article commits a municipal ordinance violation and may be punished as provided in Section 1-13 of this Code. Alternatively, a violation of this section may be enforced by a civil penalty pursuant to the provisions of Chapter 2, Article X of this Code. * * *" Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. 2 APPROVED AS TO FORM AND CORRECTNESS: 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission.