Sec. 10-25.3. Other unlawful activities; general penalty.
A. It is unlawful:
1. For any person to knowingly conduct or operate a massage establishment on the same premises whereon is also conducted or operated a sexually oriented business as defined in this Chapter, an escort bureau as defined in this Chapter, an adult bookstore as defined in the Zoning Ordinance, or a bar, cocktail lounge, photography studio, model studio, art studio, or telephone answering service.
2. For any person, while on the premises of a massage establishment, to knowingly provide or offer to provide any service:
a. In a manner or under circumstances intended to arouse, appeal to or gratify sexual desires.
b. In such a manner that the person touches the private anatomical areas of the individual receiving the treatment.
c. While the person providing the treatment is clothed in a manner that fails to cover his or her private anatomical areas with an opaque material.
3. For any person on the premises of a massage establishment to intentionally view a completely or partially disrobed massage establishment client if the viewing is not related to treatment under current practice standards and is intended to appeal to the prurient interest of the massage practitioner or the massage establishment client.
4. For any person, while on the premises of a massage establishment, to knowingly ask or direct a patron to:
a. Touch his own anus or genitals.
b. Touch the anus or genitals of any person on the premises or the breasts of any female person on the premises.
c. Expose his genitals or anus to any person on the premises with the intention of appealing to the prurient interest of the massage practitioner or the massage establishment client.
5. For any person, while on the premises of a massage establishment, to knowingly place any part of the body of a patron in direct or indirect contact with the anus or genitals of any other person on the premises or the breasts of any female person on the premises.
6. For any person, while on the premises of a massage establishment, to knowingly offer a patron any service, in exchange for a gratuity or compensation of any description, that does not appear on the schedule of services required by Section 10-20
7. For any person to knowingly operate or maintain a massage establishment at a location that has not been licensed by the City Clerk.
8. To knowingly provide the services of a manager to a massage establishment without a manager permit.
B. For purposes of this Section, the word touch shall include physical contact that occurs through clothing or by means of any object.
C. Whenever in this Article any act is prohibited or declared to be unlawful, and wherever in this Article the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of any such provision of this Article is a Class One Misdemeanor. Each day any such violation continues shall constitute a separate offense. Revocation or suspension of a license or permit shall not be a defense against prosecution. (Ord. No. G-1117, § 2; Ord. No. G-1564, § 1; Ord. No. G-1868, § 1; Ord. No. G-2461, § 1; Ord. No. G-3624, § 12; Ord. No. G-4525, § 17, 2003; Ord. No. G-4752, § 15, 2005)