MASSAGE PARLORS AND ESTABLISHMENTS

Gulfport Code of Ordinances ch. 5, art. VIII

in effect

Gulfport Code of Ordinances § 5-196 Definitions.

Sec. 5-196. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Charge, either directly or indirectly shall refer to a salary, commission, gratuity or other remuneration as paid or made available to a massagist administering massages as a primary or incidental activity resulting from such payment; a charge, fee, dues or other payment for the purpose of receiving any service or use of an establishment which provides for the payor the opportunity to obtain a massage. Genitals shall mean the external sexual organs. Health certificate shall mean a certificate from a regular practicing medical doctor showing that the person named therein has been examined and is free from any infectious or communicable disease. Massage shall mean the act or art of treating the human body or any part thereof by rubbing, kneading, tapping, compression, vibration, application of friction or percussion or like ministrations to stimulate circulation or increase suppleness for a charge, direct or indirect. Massage establishment shall mean any building, room, place or establishment where massages are practiced upon the human body for a charge, either directly or indirectly, by a person whether with or without the use of mechanical, therapeutic or bathing devices, whether primary or an incidental activity of the establishment in which the massage is performed. Massage establishment license shall mean that document issued by the city clerk to an establishment where massages are furnished. Massage parlor shall mean any business establishment existing for the principal purpose of offering massages to the public. Massagist shall mean a person who administers massages. Massagist license shall mean that document issued by the city clerk to a person who administers massages. (Code 1963, § 16½-1)

Gulfport Code of Ordinances § 5-197 Licenses generally.

Sec. 5-197. - Licenses generally. (a) Licenses issued pursuant to this article shall be valid, except as otherwise provided herein, from the date of issuance and shall be renewed on October 1 each year. Any license obtained, as required by this article, shall be posted and kept in a conspicuous place in the massage parlor or establishment. Any license issued pursuant to this article shall not be assignable to any other person. (b) The fees or charges for the licenses required pursuant to this article shall be specified to be five hundred dollars ($500.00) per year per massage parlor or massage establishment license, and twenty-five dollars ($25.00) per year per massagist license, and such fee or charge is assessed and levied against each such massage parlor or massage establishment or massagist to create revenues sufficient to administer the provisions of this article; and such revenues shall be paid into the general fund of the city when collected. The city clerk shall receive all applications for licenses upon such forms as prescribed and shall collect all fees or charges connected therewith. (c) The city shall be authorized to make or cause to be made inspections to determine compliance with the provisions of this chapter in any massage parlor or establishment in order to safeguard the health, safety and welfare of the public. The city shall also have authority to direct that the health department of the county shall be authorized to make or cause to be made inspections to determine the sanitary conditions of any massage establishment in order to safeguard the health, safety and welfare of the public. Such inspections may be made at any time during which a massage parlor or massage establishment is open for business pursuant to the provisions of this article. (d) The provisions of this article shall in no way affect or limit the provisions and requirements of any zoning ordinances of the city. (e) The operation of any business, administration of any massage, use of any license issued pursuant to this article contrary to any provision of this article or the failure to comply with any provision of this article: (1) Shall constitute a violation of this article which shall be punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or by both. Each day the offense continues shall be a new and separate offense subject to the same penalty. (2) Shall, if continued, be deemed and considered a nuisance and be subject to abatement as provided by the laws of the state. (3) Shall be subject to any other provision for suspension, revocation or denial as provided herein and any other civil or criminal action or penalty or proceeding provided by law. (f) Exemptions. Except as provided, the provisions of this article shall not apply to the following persons or establishments: (1) A duly licensed physician, osteopath, chiropractor, (herein "doctor") or a registered nurse or physician's assistant acting at the direction of a licensed physician or doctor as hereinabove listed, nor a duly licensed establishment wherein registered licensed physical therapists treat only patients recommended by a licensed physician or doctor as hereinabove listed and which operate only under such licensed physician or doctor's direction; nor a duly licensed hospital or medical clinic; (2) Athletic trainers of a bona fide athletic team when such trainers are massaging members of such team to stimulate circulation or to prevent injury or to relieve pain, tightness, trauma, or stress associated with athletic competition; (3) A bona fide licensed health, fitness, exercise or athletic facility (spa or gym) which offers supervised exercise and body fitness training provided that massages are performed as an "accessory use" by a massagist duly licensed under section 5-200 to the patrons of the health and fitness facility. To qualify as an "accessory use," no more than fifteen (15) percent of the area of the building establishment (building or portion of building occupied for such business) shall be utilized for performing massages, and no more than one massagist shall perform massages for each three (3) employees and workers (including massagists) on duty and working at the managed health and fitness facility at the time massages are offered. (4) Other licensed business establishments providing massages as an "accessory use" of the business and business establishment upon written application and upon such conditions and restrictions as the governing authority may approve for a special accessory use exemption. Massagists allowed under this paragraph (4) shall be licensed under section 5-200 of this article. Any business establishment, or person qualifying for an exemption as defined herein or granted a special exemption shall be subject to reasonable inspection and close scrutiny by city officials or employees to assure that the exemption is applicable. (g) Other than as specifically excepted in the subsection next above, no massage shall be administered by a person who does not have a current valid massagist license. (h) No massage shall be administered at any location other than on the premises of a duly licensed massage parlor or establishment. (i) Severability. It is declared to be the legislative intent that if any subsection, paragraph, sentence, clause, or provision of this article is declared void, unconstitutional or invalid for any reason, such portion or provision thereof shall be severable from the article or applicable section hereof. The remaining portion or provisions of Article VIII, or all applications and the appropriate enforcement thereof, shall not be affected and shall be interpreted, if necessary so as to give a meaning consistent with the purpose and intent of Article VIII. No void, unconstitutional or invalid portion, or prescribed provision, or application thereof, was an inducement to the enactment of Article VIII codified by this section. (Code 1963, § 16½-2; Ord. No. 2060, § 2, 8-20-96; Ord. No. 2142, §§ 2—4, 7-7-98)

Gulfport Code of Ordinances § 5-198 Massage parlor or establishment license.

Sec. 5-198. - Massage parlor or establishment license. (a) Licenses for a massage parlor or massage establishment, whether for an initial license or a renewal of an existing license, shall be applied for and issued pursuant to the provisions of this section. (b) No license to engage in the business of operating a massage parlor or massage establishment shall be issued until an application therefor has been completed and filed with the city clerk, and no massage establishment shall engage in the business of providing massages within the limits of the city until such license has been issued. (c) The city clerk shall provide to an applicant for a massage establishment license a form containing the information as hereinafter specified which shall be completed and filed with the city clerk by each applicant for such license to be accompanied with payment of the applicable license fee. The application shall be executed under oath attesting to the truth and accuracy of the information contained therein. The application shall request of the applicant the following information: (1) The kind of business to be operated. (2) The name of the business. (3) The location where the business is proposed to be carried on and the telephone number at the location. (4) The legal name of the applicant for the license. If the applicant is a corporation, the date upon which such corporation was registered pursuant to the laws of the state, the name of its registered agent, the address of its registered office if the same is different from the address of the location of the business. If the business is not a corporation, the names, home addresses and home telephone numbers of all persons having an ownership interest in such business. (5) The addresses of any residence of the applicant within the ninety (90) days preceding the date of the application. (6) The home address of the applicant and his telephone number and the length of time which the applicant has been a resident of such address. (7) The social security and federal employer's identification number of the applicant. (8) The names and addresses of all massagists to be employed or presently employed by the applicant with a health certificate issued not less than fifteen (15) days prior to submitting such application to be attached to that application for each listed massagist. (9) Names and addresses of all persons or legal entities owning and/or controlling the applicant including but not limited to all partners, principals, or managers, and also if the applicant is a corporation then the officers, directors, and shareholders holding at least ten (10) percent of the stock of the corporation. (10) Disclosure as to all employees of the applicant and any and all partners, managers or principals of the applicant and also in the event the applicant is a corporation, all officers, directors or stockholders holding ten (10) percent or more of the capital stock of the applicant specifying all final convictions occurring within five (5) years of the date of such application of any federal or state offense which is a felony or any misdemeanor offense of sodomy or unnatural intercourse, lewdness, soliciting, procuring, or keeping an assignation house and engaging in prostitution, possessing, purchasing or selling dangerous drugs, simple or aggravated assault, or any crime embraced within the generic terms of obscenity or pornography. If such conviction is disclosed, the disclosure shall specify the nature of the crime, the name of the person so convicted, the date of conviction, and the jurisdiction in which such conviction was entered. (11) That the applicant acknowledges that pursuant to this article the city shall have the power and authority to conduct an independent inquiry or investigation as to the information above provided and that if such inquiry or investigation reveals any dispute as to the accuracy or completeness of such information, the city, through the city clerk, has the authority to require the applicant to provide a recently made photograph and fingerprinting of the person about whom such information is disputed, and the applicant shall be required to provide such to the city clerk upon the request of that official prior to that official making a final decision as to approving or denying such license. (12) The names and residential telephone numbers and addresses for the last year of all proposed or present employees of the massage establishment for which such application is being made. (13) The name, address and telephone number of the owner of the real property on which the massage establishment will be located so that such party may be located if necessary by any city employee or official during day or evening hours. (d) The holder of any license issued pursuant to this section shall within seven (7) days from the occurrence of any event which causes a change in the information provided in subsection (c)(8), (9), and (10) transmit the same in writing to the city clerk. Such transmittal shall specify such changed information in accordance with the provisions of such subsections in the same manner as if such information was specified in a license application. (e) The license issued pursuant to this section shall be valid only at the location specified in the license as issued. Any change in the location of the massage parlor or massage establishment other than by ceasing business at a location shall require the filing of an application for a license pursuant to the requirements of this section. In the event such application is filed for the purpose of changing the location of the massage parlor or massage establishment without adding thereto any total number of locations in excess of those for which the applicant presently holds a license, no additional license fee for the calendar year in which the massage parlor or massage establishment holds a valid license pursuant to this section shall be charged except that the city clerk may impose a processing charge of twenty-five dollars ($25.00) per application in such event. (Code 1963, § 16½-3)

Gulfport Code of Ordinances § 5-199 Operation of massage parlors and massage establishments.

Sec. 5-199. - Operation of massage parlors and massage establishments. (a) Any massage parlor or massage establishment in operation pursuant to a license issued as required by this article shall comply with the following provisions and regulations in the conduct and operation of its business. (b) No massage parlor or massage establishment shall be open for the business of providing massages during any day prior to 8:30 o'clock a.m. and subsequent to 12:00 midnight Central Standard Time, or such other daylight or standard time as may be applicable to the geographical territory of the city. (c) The door to each room in which massages are administered shall be removed or not closed or a clear glass panel not less than ten (10) inches by twelve (12) inches or one (1) observation device having an angle of view of at least sixty (60) degrees into the room in which massages are administered if the door is closed. The view through the clear glass shall not be obscured by any means. (d) It shall be the duty of every person conducting or operating a massage parlor or a massage establishment to keep the same at all times in a clean and sanitary condition. All instruments and mechanical, therapeutic, or bathing devices, or parts thereof, that come into contact with the human body shall be sterilized by a modern and approved method of sterilization before initial use, and any such instruments and devices, or parts thereof, after having been used upon one (1) patron, shall be sterilized before using the same upon another. No towels and linens shall be furnished for use of another until thoroughly laundered. All massagists shall wash their hands thoroughly before administering a massage to each patron accommodated. No person suffering from an infectious or communicable disease shall work or be employed in a massage establishment. No person shall be accommodated as a patron within a massage establishment when, to the knowledge of the owner, person in control, or any employee, such person is suffering from an infectious or communicable disease. (e) No person shall receive a massage unless such patron is covered by nontransparent material such as a towel or shorts covering the hips, genitals, and anal areas. No massagist shall touch in any manner or by any device the genitals or anal area of any patron, or the breast if the patron is a female, nor shall a patron touch in any manner or by any device the genitals or anal area of a massagist, and if the massagist is a female, the prohibited area shall include the breast. (f) No massage shall be administered to any person who is a minor as defined by state law. (g) In the administration of any massage the provisions of subsections (e) and (f) shall not be applicable to any person for whom a massage is ordered upon the written certificate of a licensed physician, osteopath or chiropractor, provided that such certificate shall be signed by such physician, osteopath, or chiropractor, be dated, shall specifically state the number of treatments, not to exceed ten (10), and the specific type of treatment recommended therein, and further, that the date and hours of each treatment given pursuant to such certificate, the name of the massagist giving such treatment, and the name of the patron receiving such treatment shall be maintained in a record to be preserved by the owner or operator of the massage parlor or massage establishment for a period of two (2) years and shall be available for inspection by the city or its designated representative, including the chief of police or any duly commissioned law official or deputy. (h) No massage parlor or massage establishment nor any massagist shall either arrange for or conduct the administration of a massage under the license applicable to such party except upon the premises of the massage establishment and at the location specified in the application for such license. (i) Every massage parlor or massage establishment shall post in a conspicuous place available for observation by all patrons a printed list of all services performed or available as provided by the massage parlor or massage establishment and the price therefor in bold printing with lettering not less than one (1) inch high for each character and such notice shall specify whether or not the payment of any gratuity to any massagist or other employee of the massage parlor or massage establishment is permitted. (Code 1963, § 16½-4)

Gulfport Code of Ordinances § 5-200 Massagist license.

Sec. 5-200. - Massagist license. (a) License for a massagist, whether for an initial license or a renewal of an existing license, shall be obtained from the city clerk, issued, and held pursuant to the following provisions. (b) No license to engage in the business of administering massages shall be issued until an application therefor has been completed and filed with the city clerk, and no massagist shall engage in the business of providing massages within the limits of the city until such license has been issued. (c) The city clerk shall provide to an applicant for a massagist license a form containing the information as hereinafter specified which shall be completed and filed with the city clerk by each applicant for such license to be accompanied with payment of applicable license fee. Such application shall be executed under oath attesting to the truth and accuracy of the information contained therein. The application shall request of the applicant the following information: (1) The kind of license requested. (2) The name of the applicant. (3) The location where the applicant proposes to administer massages and solicit patrons and the telephone number at such location. If the applicant intends to engage in business or administer massages at more than one (1) location, the addresses of such additional locations shall be specified if the applicant intends to administer or has previously administered massages at such locations on more than two (2) occasions during a calendar year. (4) The legal name of the applicant for the license. (5) The addresses of any residences of the applicant within the ninety (90) days preceding the date of the application including the current home address of the applicant and his telephone number and the length which the applicant has been a resident of such address. (6) A health certificate issued not less than fifteen (15) days prior to submitting such application to be attached to the application. (7) The social security number of the applicant. (8) The names and addresses of all massage parlors or massage establishments in which the applicant has been employed for the preceding two (2) years. (9) Disclosure as to the applicant of all final convictions occurring within five (5) years of the date of such application of any federal or state offense which is a felony or any misdemeanor offense of sodomy or unnatural intercourse, lewdness, soliciting, procuring or keeping an assignation house and engaging in prostitution, possessing, purchasing, or selling dangerous drugs, simple or aggravated assault, or any crime embraced within the generic terms of obscenity or pornography. If such conviction is disclosed, the disclosure shall specify the nature of the crime, the name of the person so convicted, the date of conviction, and the jurisdiction in which said conviction was entered. (10) The applicant acknowledges that pursuant to this article the city shall have the power and authority to conduct an independent inquiry or investigation as to the information above provided and that if such inquiry or investigation reveals any dispute as to the accuracy or completeness of such information, the city has the authority to require the applicant to provide a recently made photograph and fingerprinting of the applicant, and the applicant shall be required to provide such to the city upon the request of the city clerk prior to making a final decision as to approving or denying such license. (11) The name, address and telephone number of the owner of the real property on which the massages will be administered if the information provided in subsection (3) above is not a massage parlor or massage establishment so that the party may be located if necessary by any city employee or official during day or evening hours. (12) A photostatic copy of a diploma of graduation from a school as an exhibit attached to the application. Such diploma must be representative of the fact that the applicant attended a course of study of not less than six (6) months, wherein such course of study consisted of a curriculum of physical culture, massage, hydrotherapy, electrotherapy, and hygiene. In the event such applicant should not have such diploma, then the applicant must attach a transcript from an accredited educational institution demonstrating the completion, with passing grades, of course of instruction of physical culture, massage, hydrotherapy, electrotherapy, and hygiene or must have had an apprenticeship and practical experience for a period of not less than two (2) years in a regularly licensed massage or physical culture establishment in which the applicant has received training and experience in physical culture, massage, hydrotherapy, electrotherapy, and hygiene, the application to specify the name and address of such establishments from which the applicant has obtained such training and experience with the periods during which such training was received and the specification of the nature of such training. (d) Any massagist administering a massage pursuant to a license issued as required by this article shall comply with the substantive provisions and regulations of the following subsections of section 5-199: (b), (d), (e), (f), (g), and (h). Any reference in said subsections to a massage parlor or massage establishment shall apply to the massagist in the manner of conduct or performance in the administration of any massage. (e) The holder of any license issued pursuant to this section shall within seven (7) days from the occurrence of any event which causes a change in the information provided in subsection (c)(3) and (8) transmit in writing complete details thereof to the city. Such transmittal shall specify such changed information in accordance with the provisions of such subsections in the same manner as if such information was specified in a license application. (f) A license as provided for in this section shall be issued only to an individual. (Code 1963, § 16½-5)

Gulfport Code of Ordinances § 5-201 Issuance of license.

Sec. 5-201. - Issuance of license. Following the submission of an application for a license as provided in this article, either for an initial or a renewal license, the following procedure or requirement shall apply thereto in addition to those elsewhere specified in this article: (1) Such investigation or inquiry pertaining to the information provided on the license application as may be considered reasonable and necessary shall be made by the city chief of police upon request of the city clerk. Such investigation and inquiry shall be concluded within fifteen (15) days of the filing of the application for a license except that if for any reason the investigation or inquiry is not concluded, the city shall specify a reasonable period within which the city expects to conclude the investigation and inquiry, such reasonable period not to exceed an additional thirty (30) days. (2) Upon the expiration of the period above specified or as extended if the city is unable to conclude the investigation and inquiry by reason of inability to obtain information, the applicant shall be so notified in writing by the city and given a period not to exceed fifteen (15) days during which the applicant may provide such information to the city as the city may consider accurate and complete. Upon failure to obtain such information or to confirm the accuracy or completeness of the same, the city shall refuse to issue a license to the applicant. (3) If upon concluding the review, investigation and inquiry of the application and the applicant, the city determines that any information provided in the application is false or that the information provided in the application or as determined by the city upon its investigation and inquiry so any of the following facts are found to exist the city shall not issue a license to the applicant: a. That a health certificate as required for any massagist as attached to an application is absent. b. That any massagist employed or to be employed in any massage establishment does not have a license as required by this article and has not submitted application for the same prior to the filing of an application for a massage parlor or massage establishment license by the applicant therefor. c. That a massagist does not hold the qualifications specified by evidence of a diploma or training and experience as provided for and being a requirement of the issuance of a massagist license. d. That the applicant, if an individual, for any license required by this article or any person or entity owning and/or controlling the applicant including but not limited to all partners, principals, or managers, and also if the applicant is a corporation, an officer, director or shareholder holding at least ten (10) percent of the stock of the corporation has been convicted of any violation of this article within the twelve (12) months preceding the date of the filing of such application or any offense specified in subsection (c)(10) of section 5-198 or subsection (c)(9) of section 5-200. e. That the applicant has previously had a license required by this article revoked or is at the time of filing an application for a license presently holding a license which is under suspension pursuant to the terms of this article. (4) Upon refusal to issue a license as above provided, the city shall give notice to the applicant pursuant to due process requirements prescribed by state law relative to administrative proceedings which shall contain the reason(s) for failure to issue the license. (5) The applicant may within thirty (30) days of the date of the notice petition to the mayor and city council for a hearing for the purpose of determining whether or not a license shall be granted to the applicant. Such hearing shall be scheduled and conducted at any regular or special meeting of the mayor and city council to be held within thirty (30) days of the date such petition is filed and with written notice to the applicant of the time, date, and place of such hearing unless postponed with the consent of the applicant or by motion adopted at a meeting of the mayor and city council specifying a subsequent date for a hearing. (Code 1963, § 16½-6)

Gulfport Code of Ordinances § 5-202 Suspension and revocation.

Sec. 5-202. - Suspension and revocation. (a) Any license issued pursuant to this article shall be subject to suspension or revocation subject to the following violations and procedures. (b) The city may suspend a license issued to and held by a massage parlor or a massage establishment or a massagist upon any of the following grounds: (1) That a massagist who has an infectious or communicable disease has administered a massage. (2) That any massagist and/or massagists employed by a massage parlor or a massage establishment or any party specified in subsection (c)(9) of section 5-198 has been convicted of any violation of this article pursuant to subsection (e)(1) of section 5-197 or crime specified in subsection (c)(10) of section 5-198 or subsection (c)(9) of section 5-200. (3) That any massagist has violated or permitted to be violated subsection (g) of section 5-197 or subsection (d) or (e) of section 5-200. (4) That any massage parlor or massage establishment has violated or permitted to be violated any provision of subsection (g) of section 5-197 or any provision of section 5-200. (c) The city shall have authority to suspend a license for a period of from one (1) day to ninety (90) days for each occasion upon which one of the grounds for suspension as above set forth has occurred. Such suspension shall be effective from the time specified and during the period specified pursuant to a hearing as hereinafter provided in this section. (d) Notwithstanding any provision to the contrary as specified in the subsection next above the city shall have authority to suspend a license instanter without hearing, to be effective until a hearing as herein provided, whenever any holder of a license issued pursuant to this article: (1) Shall have violated any provision for suspension as specified in subsection (b) above on more than one (1) occasion or occurrence prior to a hearing as specified herein; or (2) A hearing as specified herein is not held as scheduled by reason of postponement of the same by the holder of the license. (e) The city may revoke a license issued pursuant to this article for any of the following reasons: (1) Whenever in the judgment of the mayor and city council any holder of a license has violated a provision for suspension as specified in subsection (b) above, and such violation is of sufficient excess, neglect or aggravation as to require revocation rather than suspension or upon a judgment that such violation of this article is continuous. (2) That the holder of a license issued pursuant to this article has had such license suspended on more than one (1) occasion during any calendar year wherein revocation of such license shall be automatic. (f) Any proceeding for suspension or revocation of a license issued pursuant to this article shall be pursuant to the following procedures: (1) Notice of the proceeding to be recommended or pursued by the city shall be given to the holder of the license pursuant to the due process requirements prescribed by state law relative to administrative proceedings specifying the proceeding recommended or to be pursued and the reason therefor pursuant to subsection (b) above. Such notice shall specify the date, time, and place of hearing on such matter at regular or special meeting or the mayor and city council and, if the provisions of subsection (d) above are being followed, a statement that such license is suspended from the time of service of such notice until such hearing. (2) The hearing as specified herein shall be held within thirty (30) days of the date of such notice being served upon the holder of the license or by motion adopted at the meeting of the mayor and city council specifying a subsequent date for a hearing. (3) At such hearing the holder of the license shall be required to present the license to the city prior to being heard at such hearing. At the conclusion of such hearing said license shall either be marked "revoked" or "suspended" with the period of suspension specified thereon or returned to the holder if no action of suspension or revocation is effected. (4) Subsequent to any action of suspension or revocation as provided herein, the city shall have authority to place one (1) or more notices upon any massage parlor or massage establishment in a conspicuous place that the license issued to that parlor or establishment has been suspended or revoked and that the same is not open for the business of providing massages without such parlor or establishment holding a valid license issued pursuant to this article. In the event that the holder of a license fails to deliver the same to the city as regulated herein or upon the license being suspended pursuant to subsection (d) of this section, the city shall have the authority to take possession of such license from the holder. (Code 1963, § 16½-7)

Source: City of Gulfport, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/gulfport/codes/code_of_ordinances?nodeId=PTIICOOR_CH5LIBURE_ARTVIIIMAPAESFetched: 11/1/2026