South Bend Municipal Code: Section 4-35
Definition
Massage Establishment means any business located in a building, room, place or establishment, utilized for the practice of massage therapy, other than a recognized school of massage therapy or an Indiana State Department of Health licensed medical facility.
Massage establishments include any establishments having a fixed place of business where any person engages in, conducts, carries on, or permits to be engaged in, conducted or carried on, massages or baths.
Massage Therapy means the manipulation of the superficial and deep layers of the muscle and connective tissue using various techniques, to enhance function, aid in the healing process, or promote relaxation and well-being with the hand, fingers, elbows, knees, feet and legs. Massage involves working and acting upon the body with pressure through structured and unstructured, stationary, or moving tension, motion, or vibration, performed manually or with mechanical aids. Target tissues may include muscles, tendons, ligaments, fascia, skin, joints, or other connective tissue, as well as lymphatic vessels, organs or the gastrointestinal system. Target tissue specifically excludes the genitals or female breasts.
IF DESCRIPTION DOES NOT APPLY, SEE:
Massage Therapist (Ord. §4-35)
GENERAL INSTRUCTIONS:
- Assemble all required information and materials before filing application.
- Thoroughly review all applicable Municipal Code Sections listed above.
- Licenses expire on the last day of February.
- Add 10% to license fee for renewal after February 28.
- Include $5.00 license application fee payable to City of South Bend. You may pay this in-person at City Hall, or call the Business Licensing Manager at 574-235-5912 to pay over the phone.
- License fee payable to City of South Bend due at issuance - $200.00
REQUIRED INFORMATION AND MATERIALS:
- Business form (corporate, partnership, etc.) and ownership information.
- Proposed business location (including zoning), and description of nature and scope.
- (3) Passport photos, 1"x1", taken within 6 months.
- Licensure and employment history for previous (3) years.
- Applicant addresses for previous (3) years.
- List of non-traffic criminal convictions.
- List of massage therapists employed by said establishment
APPLICATION PROCESS:
- Review Municipal Code Section 4-35 thoroughly.
- Submit Application with $5.00 Processing Fee.
- Review and recommendations by appropriate city offices to Board of Public Safety.
- Health Department inspections as required.
- Public hearing, per Municipal Code Section 4-35
- Within thirty (30) days of receipt of the application and after proper publication and receipt of the aforesaid recommendations, the Board of Public Works shall conduct a public hearing and shall instruct the City Controller to issue a license to operate a massage establishment if it is found that:
- The application reasonably conforms to the provision of this section.
- The applicant has not knowingly made a material misrepresentation in the application for a license.
- The applicant has reasonably cooperated in the review of his application.
- The massage establishment as proposed by the applicant would comply with all applicable laws, including but not limited to the City’s building, zoning, health, fire and safety regulations.
- The applicant if an individual, or any of the stockholders of the corporation, any officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, have not been convicted of any crime involving deviate conduct, deviate sexual conduct, or unlawful sexual conduct, as defined in Title 35 of the Indiana Code, within three (3) years prior to the date of application.
- The applicant has not had a massage establishment license or a massage technician permit or other similar license or permit denied or revoked for cause by this City or by any other city in this or any other state within three (3) years of the date of application.
- The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation, or any of the partners, including limited partners, of the applicant is a partnership, is eighteen (18) years of age.
- The applicant, if a corporation, is licensed to do business and is in good standing in the State of Indiana.
- The massage establishment as proposed by the applicant would comply with the requirements of this Article (Municipal Code Section 4-35).
- License issued on payment of fee.
- Permit holder may do business with properly displayed License, and in compliance with §4-35, including Building Department, Fire Department, and Health Department inspections as required.