43-24A-30. Licensing or regulation of massage therapy businesses; limitation on naming and labels.

A county, municipality, or other local jurisdiction may by ordinance or resolution license or regulate massage therapy businesses. Any ordinance or resolution adopted pursuant to this subsection may include, but is not limited to, at least the following requirements on such businesses:#

1. (1)

   Current liability insurance coverage for bodily injury, property damage, and professional liability for the massage therapy business;#

2. (2)

   Compliance with state and local fire and safety requirements;#

3. (3)

   Provision for extermination of vermin, insects, termites, and rodents in any property or location used by the massage therapy business;#

4. (4)

   Maintenance of equipment in a safe and sanitary condition;#

5. (5)

   Adequate toilet and lavatory facilities with running water, toilet tissue, soap dispenser with soap or other hand-cleansing materials, sanitary towels or other hand drying devices, waste receptacles, and adequate lighting and ventilation sufficient to remove objectionable odors on the premises of the business or entity or within reasonable proximity to such business or entity when it is located in a space or facilities also used by other businesses;#

6. (6)

   Adequate and sanitary shower facilities if the massage therapy business maintains a whirlpool bath, sauna, hot tub, spa, steam cabinet, or steam room, including soap and sanitary cloth towels and adequate lighting and ventilation;#

7. (7)

   Prequalification processes, state licensure checks, interviews, or other procedures prior to approval of application for a business license for a person or entity proposing to offer massage therapy services or for a massage therapy business;#

8. (8)

   Requirement that a licensed massage therapist is present on the premises of a massage therapy business at any time when massage therapy is being performed for a client of the massage therapy business; and#

9. (9)

   Evidence of license to practice massage therapy.#

A county, municipality, or other local jurisdiction may limit or prohibit a massage therapy business from using labels or names including the words “spa establishment,” “massage parlor,” “personal service,” or “adult entertainment.”#