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413 ORDINANCE NO. ~C~ AN ORDINANCE TO PROVIDE FOR REGULATING THE BUSINESS OF MASSAGE INSTITUTES AND OPERATORS: TO PROVIDE FOR INVESTIGATION AND SUPERVISION BY THE CHIEF OF POLICE, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: SECTION 1. Definition of Terms: A. Massage Operator: A person who applies manual or mechanical massage or similar treatment to the human body but shall not include a doctor or a nurse or any other type of treat- ment which is otherwise regulated by law. B. Massage Institute: Any place in which two or more massage operators give treatment, but shall not include a hospi- tal or sanitarium or any establishment which is otherwise regulated by law. SECTION 2. Rules and Regulations: The Chief of Police shall have the authority to make an investigation of all applicants for a permit from the City of West Memphis to operate a massage institute in the City. The Chief of Police shall have the authority to enact and enforce reasonable regulations for the operation of massage institutes in the interest of public safety, morals and welfare of the general public. SECTION 3. Massacre to Person of Opposite Sex: A. It shall be unlawful for any person to administer, for hire or reward, to any person of the opposite sex any massage, any alcohol rub or similar treatment, any formentation, any bath, -~ 2. or any electric or magnetic treatment, nor shall any person cause or permit in or about his place of business, or in connection with his business, any agent, employee or servant or any other person under his control or supervision, to administer any such treatment to any person of the opposite sex. B. This section shall not apply to any treatment ad- ministered in good faith by any physician licensed to practice in the State of Arkansas or by a person under the supervision of a physician. SECTION 4. Penalty: Any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in the sum of Twenty- five and No/lOUths Dollars ($25.00) and each. separate performance prohibited by this ordinance shall constitute a separate offense. SECTION 5. Emergency Clause: This ordinance being necessary for the health, safety and well being of the inhabitants in the City of West Memphis an emergency is hereby declared to ~.'"° "~ exist and this ordinance shall be in full force and effect-~e~ and of-ter its passage and approval. D~«,Y~ b~rz• PASSED this 7 day of'~R=~r, 1961. ~.