§ 7.08.045. Operating requirements.  


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  • All massage establishments and massage businesses shall operate only within the hours of 8:00 a.m. to 9:00 p.m. unless exempted from this provision under subsection (m) of this section. Additional operating requirements are as follows:

    (a)

    A person designated as the manager in charge shall be on the premises at all times of operation;

    (b)

    A list of services available and the cost of such services shall be available and visible in an open public place within the premises, and shall be described in readily understandable terms. No owner, manager, responsible managing employee, or licensee shall permit, offer or perform, any service other than those printed, available, and visible;

    (c)

    All employees shall wear opaque, nontransparent outer garments. Said garments shall not expose specified anatomical areas or the chest area;

    (d)

    All massage therapists/independent massage therapists must have their valid Nevada State Board of Massage Therapists Licenses displayed pursuant to NRS 640C.450 and either must carry their business licenses with them or have their licenses readily available while working at a massage establishment, massage business, or while working outcall massage;

    (e)

    No person shall enter, or be in any part of a massage establishment or massage business while in possession of, or consuming any alcoholic beverage (unless the liquor licensing provisions of Clark County Code Chapter 8.20 have been met) or drugs (except pursuant to a prescription for such drugs). The owner, manager in charge, or licensee shall not permit any such person to enter or remain upon such premises;

    (f)

    No massage as defined in this chapter may be carried on within any cubicle, room, booth or any area within a massage establishment or massage business which is not accessible to the director or person designated by the director or the LVMPD during all hours of operation;

    (g)

    A massage shall not be given unless the patron's specified anatomical areas are fully covered with an opaque, non-transparent outer garment.

    (h)

    No massage establishment and/or massage business shall be open for business without at least one massage therapist on the premises at all times of operation who is in possession of a valid Nevada State Board of Massage Therapists License.

    (i)

    No massage establishment, massage business, or space utilized for massage shall be equipped with tinted or two-way mirrors in any room or office;

    (j)

    Electrical powered lighting shall be provided for all massage establishments, massage businesses, and space utilized for massage. Lighting luminaries and fixtures may be of incandescent, fluorescent, or high density discharge types. All areas, to include office areas, waiting areas, and treatment rooms, shall be provided with lighting such that the minimum lighting illuminance level is not less than five footcandles. Minimum or greater illumination levels shall be maintained at all times the building, including the treatment rooms, is occupied. Measurements of illumination levels shall be taken at or near work surface levels of treatment tables, treatment chairs, and desk tops and at floor levels throughout the building. Illumination levels shall be determined by field measurement using certified, calibrated photometric equipment.

    (k)

    [Reserved.]

    (l)

    Each massage establishment and massage business shall be in full compliance with any and all applicable rules and regulations of the Southern Nevada Health District, Fire Department, Building Department, and all other appropriate regulatory agencies.

    (m)

    The provision limiting hours of operations from 8:00 a.m., to 9:00 p.m. shall not apply to following, except that the director or the board may impose hours of operation based upon evidence of changed circumstances:

    (i)

    Massage establishments, massage businesses, chair massage businesses, and massage offered on the premises of state licensed providers of health care by a licensed independent massage therapist licensed prior to April 1, 2008,

    (ii)

    Massage establishments licensed prior to April 1, 2008 and approved for a change in and/or transfer of ownership subsequent to the enactment of this ordinance, in accordance with Title 6, Chapter 6.04, Section 6.04.070 of this code,

    (iii)

    Massage offered by a licensee within the premises of a resort hotel as defined in Clark County Code Chapter 8.04.010.

(Ord. No. 3747, § 1, 3-3-2009)