MASSAGE THERAPISTS AND ESTABLISHMENTS

North Las Vegas Municipal Code tit. 5, ch. 5.28

in effect

North Las Vegas Municipal Code § 5.28.010 Definitions.

5.28.010 - Definitions. As used in this chapter, the following terms are defined in this section: "Chair massage" means a massage administered by a massage therapist to a fully-clothed patron's neck, shoulders, back, arms, hands and feet utilizing a massage chair. A patron shall be considered fully clothed when wearing appropriate public pool attire. "Department" means the department of finance. "Business License Manager" means the manager of the business license division of the department of finance. "Licensee" means any person to whom a valid license has been issued pursuant to this chapter. "Massage" means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the human body with the hands, or with the aid of any mechanical or electrical apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage. Reflexology when performed on a client who is fully clothed (excepting footwear), is excluded from this definition. "Massage establishment" means any establishment having a source of income or compensation derived from the practice of massage, and which has a fixed place of business. "Massage therapist" (masseur or masseuse) means any person who engages in the practice of massage. "Outcall massage" means any massage performed by a massage therapist upon a patron at a location other then a massage establishment. "Patron" means any person who receives a massage. "Person" includes any form of business organization, including, but not limited to, an association, a corporation, a partnership, and a trust, as well as a natural person. "Recognized school" means any school or educational institution that: (a) is licensed to do business as a school or educational institution in the state in which it is located; (b) is accredited by the Accrediting Commission of Career Schools and Colleges of Technology, the Accrediting Counsel for Continuing Education and Training, the National Commission for Certifying Agencies, the Commission on Massage Therapy Accreditation, the Accrediting Bureau of Heath Education Schools, or any other nationally recognized accrediting organization of similar stature; and (c) has for its purpose, the teaching of the theory, method, profession, or work of massage, and which requires the successful completion of a course of study of not less than five hundred (500) hours before the student shall be furnished with a diploma or certificate of graduation. "Reflexology" means the application of specific pressure by the use of the practitioner's hands, thumbs and fingers to reflex points in the client's hands, feet or ears using alternating pressure, and such techniques as thumb walking, finger walking, hook and back up, and rotation on a reflex. "Specified anatomical areas" means the human genitals, pubic region, anus, or perineum of any person, or the vulva or breast of a female. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.020 Privileged business findings.

5.28.020 - Privileged business findings. The city council finds that the massage industry affects the well-being of the city and its residents; that it is necessary to regulate such industry carefully to ensure that persons of honesty and integrity are operating such businesses and that they are operated in a manner responsible to the public and in the best interests of the massage industry. It is further found and declared that the right to obtain such license is not a matter of right but of privilege, and that the operation of a massage business when authorized by such license is subject to regulations. This privilege may be denied, revoked, conditioned, suspended or subjected to any other disciplinary action by the city in the exercise of its police powers for the protection of the safety, welfare, health, peace and morals of the residents and taxpayers thereof. Such businesses must therefore comply with this chapter. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.030 License required.

5.28.030 - License required. It is unlawful for any person to engage in the practice of massage or operate a massage establishment without first obtaining and thereafter maintaining a valid, unexpired license pursuant to this Code. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.040 Exemptions.

5.28.040 - Exemptions. The provisions of this chapter shall not apply to the following: A. An individual giving massage in their home to members of their immediate family. For purposes of this chapter, "immediate family" means persons who are related by blood, adoption or marriage, within the second degree of consanguinity or affinity; B. Persons authorized by the laws of the state of Nevada to practice medicine, osteopathy, chiropractice, physical therapy or podiatry; C. Registered nurses, or licensed practical nurses, when properly trained in massage and acting under the supervision of a licensed physician or osteopath; D. Trainers for any bona fide amateur, semi-professional or professional athlete or athletic team; E. Registered physical therapists and licensed physical therapy assistants when acting under the supervision of registered physical therapists; F. Barbers, aestheticians and cosmetologists who are duly licensed under the laws of this state and who perform only those massages included within the practice of barbering or the practice of aestehetology and cosmetology as defined by state law; G. Student clinic programs offering massage for a nominal fee to the public on the premises of a recognized school of massage pursuant to regulations of the state of Nevada Department of Education; H. Any health care facility licensed by the State Board of Health as defined by state law. Exemptions (B) through (H) above, are effective only insofar as, and to the extent that, the bona fide practice of business or profession of the person exempted overlaps into the field comprehended by this section, and exemptions granted in this section are solely for those activities which are performed in the course of the bona fide practice of the business or profession of the person exempted. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.050 Persons not qualified to hold a license under the provisions of this chapter.

5.28.050 - Persons not qualified to hold a license under the provisions of this chapter. In conformity with the policy of this chapter, the following persons are declared not to be qualified to hold a license under the provisions of this chapter: A. A person who has been convicted of a crime involving theft, fraud, dishonesty, receiving or possessing stolen property, any controlled substance violation whatsoever, or any sex offense; B. A person whose license, issued under the provisions of this chapter, or those ordinances or statutes of any other agency lawfully engaged in the licensing or regulation of massage businesses, has been denied or revoked for cause; C. A person who, at the time of renewal of any license issued under this chapter, would not be eligible for such license upon a first application; D. A partnership, limited partnership or association, unless the partnership, limited partnership or association is organized under the laws of the state of Nevada or is organized under the laws of another state and is qualified under Nevada law to transact business in Nevada; E. A corporation, unless the corporation is organized under the laws of the state of Nevada or is organized under the laws of another state and is qualified under Nevada law to transact business in Nevada; F. A person who the city council shall determine is not a suitable person to receive or hold a license, after due consideration for the protection of the public health, safety, morals, good order and general welfare of the inhabitants of the city. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.060 Police investigation required—Fees charged.

5.28.060 - Police investigation required—Fees charged. A. Any person desiring to obtain a license pursuant to this chapter must undergo an investigation by the police department to determine suitability. B. A nonrefundable police investigation fee shall be one-hundred dollars ($100.00) for each person listed in the application. C. No police investigation shall be required by this section if, within the previous six months, the applicant has undergone an investigation for any other purpose required by Title 5 of this Code. D. No part of the police investigation fee shall be refunded if an applicant is denied a license or withdraws their application after the beginning of an investigation. However, if an applicant withdraws their application prior to the beginning of an investigation, the entire police investigation fee paid shall be refunded to the applicant. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.070 License application—Background investigation.

5.28.070 - License application—Background investigation. Any person desiring a license pursuant to this chapter shall file an application on forms furnished by the department. The applicant shall furnish all the information required by the department including, without limitation: A. The name and address of the applicant; B. The applicant's experience in the massage industry, whether the applicant has ever had applied for or held a massage therapist license, massage establishment license or similar license with another jurisdiction, and whether or not such license was ever denied, revoked or suspended; C. The type of license sought (i.e. massage therapist or massage establishment); D. If the application is for a massage establishment license: 1. The name and proposed location of the establishment; 2. The type of ownership of the massage establishment (i.e. sole proprietor, partnership, corporation etc.); 3. The name and address of each person holding a financial interest in the establishment or otherwise involved in the management of the establishment; E. A complete list of the names and addresses of all employees; and F. Authorization for the business license manager and the chief of police to seek information and conduct an investigation into the applicant's moral character and personal and criminal history, including, but not limited to, financial background, employment history and health record. All applicants for a license shall state for each person interested in the business, whether or not such person is a legal resident of the United States, whether or not such person has been charged or convicted of a crime which would be considered a felony under the laws of the state of Nevada, or any misdemeanor crime, other than minor traffic offenses, the applicant's educational background in a recognized school, and any other information the department may require. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.080 License—Massage therapist.

5.28.080 - License—Massage therapist. A massage therapist license authorizes the holder to: A. Perform massage at a licensed massage establishment; B. Perform outcall massage, provided however, that no massage may be performed in the licensee' residence, and, if the licensee resides in the city of North Las Vegas and operates any outcall massage service from his or her residence, that the licensee holds a home occupation certificate of approval pursuant to Section 17.24.170 of this Code. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.090 Massage therapist license—Requirements.

5.28.090 - Massage therapist license—Requirements. A. No person shall be granted a massage therapist license pursuant to this chapter unless such person presents to the department: 1. A diploma, certificate of graduation or certificate of successful completion from a recognized school; and 2. Proof of certification by the National Certification Board for Therapeutic Massage and Bodywork or by a massage certification board of equivalent stature. B. A person who is licensed as a massage therapist on the day this chapter goes into effect and who is not certified by the National Certification Board for Therapeutic Massage and Bodywork or by a massage certification board of equivalent stature may perform massage at a licensed massage establishment only. Such persons may perform outcall massage as provided in Section 5.28.080(B) only after providing the business license manager proof that they are certified by the National Certification Board for Therapeutic Massage and Bodywork or by a massage certification board of equivalent stature. C. For purposes of subsection (A)(1) above, a person who, on the date this chapter does into effect, is enrolled in or has graduated or received a certificate of successful completion from a school or educational institution that has for its purpose the teaching of the theory, method, profession or work of massage need not show that such school or institution is accredited by the Accrediting Commission of Career Schools and Colleges of Technology, the Accrediting Council for Continuing Education and Training, the National Commission for Certifying Agencies, the Commission on Massage Therapy Accreditation, the Accrediting Bureau of Health Education Schools, or any other nationally recognized accrediting organization of similar stature. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.100 Massage therapist license—Heath card required.

5.28.100 - Massage therapist license—Heath card required. No person shall be granted a massage therapist license unless such person presents to the department a current health card from the Clark County Heath District. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.110 Massage therapist—Attire.

5.28.110 - Massage therapist—Attire. When engaging in the practice of massage, massage therapists, their employees and/or agents shall be clean and wear clean, nontransparent outer garments. Such garments shall fully cover from a point, not to exceed four inches above the center of the kneecap to the base of the neck, excluding the arms, with the following exception: shorts may be worn so long as they extend down the leg a minimum of three inches from the pubic region and the body above that point is fully covered to the base of the neck, excluding the arms. The covering, which includes trousers, pants or shorts, shall be of any opaque material and shall be maintained in a clean and sanitary condition. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.120 Massage therapist—License fees.

5.28.120 - Massage therapist—License fees. The semi annual fee for a massage therapist license is fifty dollars ($50.00). (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.130 Massage establishment—License.

5.28.130 - Massage establishment—License. A. A massage establishment license allows the holder to operate a massage establishment. B. Prior to being issued a massage establishment license all applicants seeking such a license must obtain all necessary land use approvals in accordance with Title 17 of this Code. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.140 Massage establishment—Owner/operator.

5.28.140 - Massage establishment—Owner/operator. A. Each massage establishment shall be operated and/or managed by licensed massage therapist and each individual massage therapist, whether an employee or an independent contractor shall be deemed an employee of such establishment for purposes of subsection (B) of this section and shall be required to obtain his or her individual massage therapist license. B. Every holder of a massage establishment license shall be responsible for the acts of the establishment's employees committed during the course and scope of employment. In any license suspension, limitation or revocation proceeding, the fact that the holder of the massage establishment license did not have actual knowledge of the events complained of shall be no defense. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.150 Massage establishment—Changes in owner/membership.

5.28.150 - Massage establishment—Changes in owner/membership. In the case of a massage establishment licensee organized as a partnership, corporation or other business entity, any and all changes in the principals of the entity shall be reported to the department within thirty (30) days of the appointment or election of such principals. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.160 Massage establishment—Facilities.

5.28.160 - Massage establishment—Facilities. A. Every portion of the massage establishment, and all appliances and apparatuses shall be kept clean and operated in a sanitary condition. B. Toilet facilities shall be provided in convenient locations. Lavatories and washbasins with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories and washbasins shall be provided with soap and a dispenser and with sanitary towels. C. Clean and sanitary towels, sheets and linens shall be provided for each patron receiving a massage. No common use of towels or linens shall be permitted and reuse is prohibited unless they have been first laundered. Heavy white paper may be substituted for sheets, provided that such paper is used once for each person, then discarded into a sanitary receptacle. D. Disinfecting agents and sterilizing equipment sufficient to assure cleanliness and safe conditions shall be provided for any instruments used in performing any massage. E. All soiled linen, towels and other materials shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage areas. F. All employees, including massage therapists, shall be clean and wear clean, nontransparent outer garments. Such garments shall fully cover from a point, not to exceed four inches above the center of the kneecap to the base of the neck, excluding the arms, with the following exception: shorts may be worn so long as they extend down the leg a minimum of three inches from the pubic region and the body above that point is fully covered to the base of the neck, excluding the arms. The covering, which includes trousers, pants or shorts, shall be of any opaque material and shall be maintained in a clean and sanitary condition. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.170 Massage establishments—Display of license, rates.

5.28.170 - Massage establishments—Display of license, rates. A. Every massage establishment shall display at all times in a conspicuous place at the public entrance to the licensed premises, the license issued to it pursuant to this chapter. B. Price rates for all services shall be prominently posted in the reception area in a location available to all perspective customers. C. The licensee shall maintain a register of all persons employed at any time as massage therapists, their license numbers and a copy of each massage therapist's license issued pursuant to this chapter. Such register shall be open for inspection by agents of the department, police department, the Clark County Heath District and the general public at all times the establishment is open for the conduct of business. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.180 Massage establishment—License fees.

5.28.180 - Massage establishment—License fees. Each massage establishment must pay to the city a semi-annual license fee based upon the gross revenues of the business as set forth in Chapter 5.02 of this Code. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.190 Unlawful acts—Massage of a specified anatomical area.

5.28.190 - Unlawful acts—Massage of a specified anatomical area. It is unlawful for a massage therapist or any person in a massage establishment to place his or her hand upon, to touch with any part of his or her body, to fondle in any manner, or to massage a specified anatomical area of any patron or person. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.200 Other unlawful acts.

5.28.200 - Other unlawful acts. It is unlawful for: A. A massage therapist to perform massage on a person under eighteen (18) years of age who is not legally emancipated without the consent of the minor's parent or legal guardian. Such consent must be in writing, either notarized or signed in the presence of the massage therapist performing the massage. Whenever massage is performed on a person thirteen (13) years of age or younger, a parent or legal guardian shall be present in the treatment room. B. Any person to perform massage in a sexually oriented business as defined in chapter 5.47 of this Code. C. A massage establishment or a massage therapist to employ any person who is under eighteen (18) years of age. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.210 Alcoholic liquors and gaming prohibited—Exception.

5.28.210 - Alcoholic liquors and gaming prohibited—Exception. A. It is unlawful for any licensed massage establishment, its employees, agents or patrons, to possess any alcoholic liquor on the premises of any massage establishment; and B. It is unlawful for any gaming as defined in this title to occur on the premises wherein the practice of massage is conducted. C. Subsections A and B of this section shall not apply in cases where the massage establishment is located within a hotel or casino. In such cases, liquors and gaming shall be prohibited only in the area of the facility dedicated to the use of the massage establishment. For purposes of this section, hotel means a "hotel" as defined in Section 5.20.020 of this Code. For purposes of this section, casino means a "casino" as defined in Section 5.20.020 of this Code. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.220 Work cards required.

5.28.220 - Work cards required. Every licensee and all person employed by a licencee must secure a work card from the police department. All persons must have a valid card in their possession at all times while working for a massage therapist or at a massage establishment. The work card issued to every person shall contain information sufficient to identify the person it was issued to. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.230 License nontransferable.

5.28.230 - License nontransferable. A. Upon approval of the background investigations by the police department and the department, the business license manager shall submit all applications for a license pursuant to this chapter to the city council for final approval; provided, that all other conditions, restrictions, payment of fees and compliance with all applicable state statutes and city ordinances have been met. After city council approval the license may be issued. B. All licenses issued pursuant to this chapter shall be nontransferable to any other person or place of business. Any person acquiring a massage establishment must apply for a new license and pay the full license fees as provided herein. C. If a massage establishment changes location, the holder of the massage establishment license must apply for a new license. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.240 License—Suspension, revocation, limitation.

5.28.240 - License—Suspension, revocation, limitation. Any activity on the part of a licensee, or a licensee's employee or agent, that the council deems contrary to the public health, safety, morals, good order or general welfare of the residents of the city or which violates any ordinance or regulation of the city or the state is grounds for disciplinary action which may result in a suspension, limitation or revocation, after notice and hearing before the city council. Without limiting the generality of the foregoing, each of the following reasons are declared to be a basis for discipline: A. Doing or failing to do any act which would make one unqualified to hold a license under the provisions of this chapter; or B. Engaging in the practice of massage or operating a massage establishment in an unlawful manner or in a manner detrimental to the public health, safety or welfare, or in violation of any of the provisions of this chapter; or C. Knowingly failing to report or concealing from proper authority any information which it is the licensee's duty to supply under this chapter or any statute, ordinance or regulation of the state or the city; or D. For conduct subsequent to the issuance of a license which renders one ineligible to hold a license as set out in the statutes and ordinances of the state or city; or E. Making a misrepresentation of a material fact in an application to obtain a license; or F. Failing to possess, or employing one who fails to possess, a current work card, health card or health certificate as required by this chapter; or G. Providing an outcall massage service other than as provided by Section 5.28.080; or H. Massaging a specified anatomical area; or I. Possession of alcoholic liquors, narcotics or stimulants, or existence of any gaming activity, in the massage establishment, except as provided by Section 5.28.210; or J. Transferring or attempting to transfer or assign a massage license; or K. Failure to comply with the operating requirements specified in this chapter; or L. Failure to comply with any of the requirements set forth in Section 5.28.160. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.250 Application of other ordinances.

5.28.250 - Application of other ordinances. The terms, conditions and policies of other applicable statutes and ordinances are intended to be applied in conjunction with the enforcement of all other ordinances of the city designed for the protection of the public health, safety, morals and welfare. The fact that such statutes or ordinances are not specifically referred to in this chapter shall in no manner preclude their application to this chapter. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.260 Appeal of refusal to issue license.

5.28.260 - Appeal of refusal to issue license. If the business license manager refuses to forward an application to the city council for final approval or issue a license after final approval by the city council, the applicant may appeal the refusal to the city council filing written notice with the business license manager within ten (10) days after receipt of notice of the refusal. After notice and public hearing, the city council may affirm, reverse or modify the denial as the evidence may warrant. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.270 Revocation after grant.

5.28.270 - Revocation after grant. Other than a license that has been automatically revoked pursuant to Section 5.02.380(C)(3), no license may be revoked without providing the holder thereof notice of a hearing and an opportunity to appear before the city council to show cause why such license shall not be revoked as provided in this title. Upon any such revocation, the city shall be entitled to retain the license fee previously paid for such license. (Ord. 2082 § 2 (part), 2005)

North Las Vegas Municipal Code § 5.28.280 Violation—Penalty.

5.28.280 - Violation—Penalty. A. Any person violating any of the terms and provisions of this chapter may be deemed guilty of a misdemeanor and upon conviction thereof may be punished by a fine of up to but not more than to one thousand dollars ($1,000.00) or by imprisonment in the City detention center for a term not to exceed six months, or by both such fine and imprisonment. In addition to such fine and/or imprisonment, any person convicted of a misdemeanor violation shall pay court costs and assessments and in no case shall such costs or assessments be suspended. B. A penalty for the violation of any section of this chapter shall be in addition to grounds for the revocation of a license issued pursuant to this chapter. (Ord. 2082 § 2 (part), 2005)

Source: City of North Las Vegas, Nevada, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/north_las_vegas/codes/code_of_ordinances?nodeId=TIT5BULIRE_CH5.28MATHESFetched: 11/1/2026