O-2015-3598 amend Ch 22;establish regulations/fees relating to operation of massage establishments

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ORDINANCE NO. ��- 2015-3598 AN ORDINANCE AMENDING CHAPTER 22 .OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY ESTABLISHING REGULATIONS AND FEES RELATING TO OPERATION OF MASSAGE ESTABLISHMENTS IN THE CITY; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 22, "Businesses," of the Code of Ordinances of the City of LaPorte, Texas, is hereby amended by adding new Article VII "Massage Businesses", which shall hereinafter read as follows, to wit: "ARTICLE VII.—MASSAGE BUSINESSES DIVISION 1.—GENERALLY Sec.22-400.-Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this article. Employee shall mean any person over eighteen (18) years of age, other than a masseur, who renders any service in connection with the operation of a massage business and who receives compensation from the operator of the business or from patrons. Massage means any method of treating the superficial parts of a patron for medical, hygienic, exercise or relaxation purposes by rubbing, stroking, kneading, tapping, pounding, vibrating or stimulating with the hands,feet or any instrument. Masseur means any person who engages in the practice of massage as herein defined and who is licensed therefor by the state. The use of the masculine gender in this article shall include in all cases the feminine gender as well. Patron means any person who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration therefor. Sec. 22-401-Penalty. Any person who shall intentionally or knowingly violate any provision of this article shall be deemed to be guilty of a misdemeanor and shall upon conviction be punished by a fine not to exceed two thousand dollars ($2000.00).