MASSAGE ESTABLISHMENTS

Houston Code of Ordinances ch. 28, art. XII

in effect

Houston Code of Ordinances § 28-361 Definitions.

Sec. 28-361. - Definitions. As used in this article, the following words, terms and phrases, shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates a different meaning: Communicable disease means Methicillin-resistant Staphylococcus aureus (MRSA), scabies, and tuberculosis. Department means the Texas Department of State Health Services. Massage or massage therapy means and includes any process consisting in kneading, rubbing or otherwise manipulating the skin of the body of an individual, either with the hand, or by means of electrical instruments, devices, or apparatus, or other special apparatus, but shall not include massage by duly licensed physicians and chiropractors, registered physical therapists who treat only patients recommended by a licensed physician and who operate only under such physicians' direction, or massage of the face practiced by duly licensed personnel of beauty parlors or barbershops. Massage establishment means any building, room, place, or any establishment whose business includes advertising or offering a massage or other massage services upon the human body for compensation by any person whether with or without the use of mechanical, therapeutic or bathing devices, and shall include Turkish bathhouses. This term shall not include beauty parlors or barbershops duly licensed by the state, or licensed hospitals, medical clinics, or licensed physical therapy facilities or establishments wherein registered physical therapists treat only patients recommended and referred by a licensed physician and operate only under such physician's direction. Additionally, the term shall not include a place of business where a licensed massage therapist practices as a solo practitioner in a manner consistent with the applicable provisions of Section 455.155 of the Texas Occupations Code, as amended. Massage therapist means a person who practices massage therapy or administers massages or other massage services to a client for compensation. The term includes a licensed massage therapist, therapeutic massage practitioner, massage technician, masseur, masseuse, myotherapist, body massager, body rubber, or any derivation of those titles. Other massage services has the meaning ascribed in Section 455.001 of the Texas Occupations Code. (Ord. No. 27-286, § 1, 3-7-07; Ord. No. 2015-1203, § 2(Exh. A), 12-2-2015)

Houston Code of Ordinances § 28-362 Massage establishment license display requirement.

Sec. 28-362. - Massage establishment license display requirement. A massage establishment or a place of business that advertises massage therapy or offers massage therapy or other massage services must be licensed by the department as provided by Title 25, Texas Administrative Code, Chapter 140. A massage establishment must display the establishment's license along with a current year validation card in a prominent location available for inspection by the public as provided by Section 140.361 of Title 25, Texas Administrative Code. (Ord. No. 27-286, § 1, 3-7-07; Ord. No. 2015-1203, § 2(Exh. A), 12-2-2015)

Houston Code of Ordinances § 28-363 Maintenance of premises and equipment.

Sec. 28-363. - Maintenance of premises and equipment. It shall be the duty of every person conducting or operating a massage establishment to keep the establishment in a clean and sanitary condition at all times. All instruments and mechanical, therapeutic and bathing devices or parts thereof that come into contact with the human body shall be sterilized on a regular basis and shall be rendered free from harmful organisms in a manner consistent with applicable state and local laws and regulations. Towels and linens furnished for use of one patron shall not be furnished for use of another until thoroughly laundered. (Ord. No. 27-286, § 1, 3-7-07; Ord. No. 2015-1203, § 2(Exh. A), 12-2-2015)

Houston Code of Ordinances § 28-364 Operation in connection with living or sleeping quarters prohibited.

Sec. 28-364. - Operation in connection with living or sleeping quarters prohibited. A massage establishment must maintain separation from rooms used wholly or in part for residential or sleeping purposes by a solid wall or by a wall with a solid door which shall remain locked during business hours. (Ord. No. 27-286, § 1, 3-7-07; Ord. No. 2015-1203, § 2(Exh. A), 12-2-2015)

Houston Code of Ordinances § 28-365 Hours of operation.

Sec. 28-365. - Hours of operation. No massage establishment shall be kept open for any purpose between the hours of 10:00 p.m. and 8:00 a.m. on any day. (Ord. No. 27-286, § 1, 3-7-07; Ord. No. 2015-1203, § 2(Exh. A), 12-2-2015)

Houston Code of Ordinances § 28-366 Management to keep list of employees.

Sec. 28-366. - Management to keep list of employees. The manager or person in charge of a massage establishment shall maintain, on the premises, a list of the names and addresses of all employees therein, both on duty and off duty, and such list shall be readily available for inspection upon the request of any law enforcement officer or department of health and human services official. Failure to comply with this provision shall be an offense. (Ord. No. 27-286, § 1, 3-7-07; Ord. No. 2015-820, § 24, 8-26-2015; Ord. No. 2015-1203, § 2(Exh. A), 12-2-2015)

Houston Code of Ordinances § 28-367 Employment of certain persons prohibited.

Sec. 28-367. - Employment of certain persons prohibited. It shall be unlawful for any person operating a massage establishment to knowingly employ, in any capacity therein, any person who has been convicted, entered a plea of nolo contendere or guilty to, or received deferred adjudication for an offense involving prostitution or any other sexual offense. It shall also be unlawful for any person suffering from a communicable disease to work in any massage establishment. (Ord. No. 27-286, § 1, 3-7-07; Ord. No. 2015-1203, § 2(Exh. A), 12-2-2015)

Houston Code of Ordinances § 28-368 Cleanliness of employees.

Sec. 28-368. - Cleanliness of employees. All massage therapists and operators at a massage establishment shall wash their hands thoroughly before administering massage manipulations to any patron. (Ord. No. 27-286, § 1, 3-7-07; Ord. No. 2015-1203, § 2(Exh. A), 12-2-2015)

Houston Code of Ordinances § 28-369 Accommodation of diseased patrons prohibited.

Sec. 28-369. - Accommodation of diseased patrons prohibited. No person suffering from a communicable disease, to the knowledge of the owner, operator, manager or person in charge, or employee of a massage establishment, shall be accommodated as a patron therein. (Ord. No. 27-286, § 1, 3-7-07; Ord. No. 2015-1203, § 2(Exh. A), 12-2-2015)

Houston Code of Ordinances § 28-370 Access; right of entry.

Sec. 28-370. - Access; right of entry. A peace officer appointed or employed by a law enforcement agency of this state may enter the premises of a massage establishment pursuant to Sections 455.104 and 455.353 of the Texas Occupations Code. If entry and access to the premises of the massage establishment is denied, entry shall be made under the authority of a warrant to inspect the massage establishment. (Ord. No. 27-286, § 1, 3-7-07; Ord. No. 2015-1203, § 2(Exh. A), 12-2-2015)

Houston Code of Ordinances § 28-371 Penalty.

Sec. 28-371. - Penalty. Failure to comply with any of the requirements of this article shall result in a violation and punishable by a fine of not less than $500.00, nor more than $2,000.00. Each violation shall constitute and be punishable as a separate offense. Each day's violation shall constitute a separate offense. (Ord. No. 2015-1203, § 2(Exh. A), 12-2-2015)

Houston Code of Ordinances § 28-372 Cumulative effect.

Sec. 28-372. - Cumulative effect. The provisions of this article are cumulative of applicable state law and regulations concerning massage establishments. To the extent there exists any difference or inconsistency between the provisions of this article and applicable state law or regulations, the more restrictive shall apply. (Ord. No. 2015-1203, § 2(Exh. A), 12-2-2015)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH28MIOFPR_ARTXIIMAESFetched: 10/26/2026