by Commissioner Holland, it was unanimously approved by the Court that County Judge Gordon
S. Morriss be authorized to execute a Quitclaim Deed on behalf of Kerr County to Willie
Gumbert and wife, Minnie Lee Gumbert on a tract of land East of the tract currently owned
by Willie Gumbert and wife, Minnie Lee Gumbert, 50 ft. by 460 ft. (Final surveyor's legal
description to be provided by Gumbert).
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N0. 15333 APPROVAL OF PAYMENT OF REGISTRATION FEES FOR FOUR COURT MEMBERS TO ATTEND THE
COUNTY JUDGES & COMMISSIONERS' CONFERENCE AT A & M, FEBRUARY 28th, 29th and
MARCH 1st, 1984
On this the 9th day of January 1984, upon motion made by Commissioner Holland, seconded
by Commissioner Guthrie, the Court unanimously approved payment of registration fees for four
Court Members to attend the County Judges and Commissioners' Conference at A & M, February
28th, 29th and March 1st, 1984.
It is ordered by the Court that the County Auditor and County Treasurer be authorized
to draw a voucher on the General Fund in the amount of $200.00 for the registration fees
($50.00 per member), payable to 26th ANNUAL COUNTY JUDGES AND COMMISSIONERS' CONFERENCE.
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COURT ADJOURNED JANUARY 9th, 1984 at 5:10 o'clock P.M.
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COMMISSIONERS' COURT CONVENED IN SPECIAL SESSION JANUARY 20th, 1984 at 1:30 o'clock
P. M., with the following officers present
GORDON S. MORRISS County Judge
FRED HOLLAND Commissioner Precinct No. 1
EDWARD D. HIGGINS Commissioner Precinct No. 2
VICTOR LICH Commissioner Precinct No. 3
BILLY JOE GUTHRIE, JR. Commissioner Precinct No. 4
and the Court having duly opened, the following proceedings were had:
N0. 15334 REGULATION OF MASSAGERS AND MASSAGE ESTABLISHMENTS FOR KERR COUNTY, TEXAS
Definitions
Section 1.
For the proposes of this regulation, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
Massage - Any method of treating the superficial parts of a patron for medical,
hygienic, exercise or relaxation poses by rubbing, stroking, kneading, tapping,
pounding, vibrating or stimulating with the hands, feet or any instrument.
Massage Establishment or Business - A place or establishment which is operated for
the purpose of giving massage services at such establishment or on a home call basis.
Massager - Any person who for compensation engages in the practice of massage as
herein defined.
License Required; Exceptions
Section 2.
a) Operator's license required. It shall be unlawful for any person to operate in
the unincorporated areas of the county a massage business without first obtaining from the
sheriff a license to operate such an establishment. A separate license shall be required for
each and every separate office or place of business conducted by such person.
b) Massager's permit required. It shall be unlawful for any person to practice
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massage in a massage business establishment without first having obtained from the sheriff a
valid license to practice massage.
c) The provisions of this regulation shall not apply to:
(1) Hospitals, nursing homes, sanitariums, or persons working in any such
establishment.
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(2) Persons holding an unrevoked certificate to practice the healing arts
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under the laws of the state, or persons working under the direction of
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any such person.
(3) Licensed barbers and cosmetologists.
(4) Licensed physical therapists and assistant physical therapists.
(5) Persons employed as a trainer or other employees of any school or universe
ty to perform massage services to members of its athletic department.
(6) Persons employed by a city, or the county, state or federal government
to perform massage services.
Application for Massage Business License
Section 3.
Any person	desiring a massage business license shall file a written application with j
the sheriff on a form to be furnished by the sheriff. The applicant shall accompany the
application with a	tender of the correct license fee as hereinafter provided and shall in
'i addition, furnish	the following:
(1)	The type of ownership of the business, i.e., whether individual, partner-~~j~
!~	
ship, corporation, or otherwise;
(2)	The name, style, and designation under which the business or practice is ,
i;
	to•conducted; i

(3)
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~	i
The business address and all telephone numbers where the business is to
I	be conducted; j
(4)
i
,	A complete list of the names and residence addresses of all massagers
.	
and employees in the business and the name and residence addresses of i

!'
';I	~;
the manager or other person principally in charge of the operation of
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the business;
(5)	The following personal information concerning the applicant, if an i~
	I
individual; and concerning each stockholder holding more than ten (10)
	percent of the stock of the corporation, each officer and each director,


i	i
if the applicant is a corporation; and concerning the partners, including
	limited partners, if the applicant is a partnership; and the holder of i
	any lien, of any nature, upon the business and/or the equipment used
';	therein; and concerning the manager or other person principally in charge
	of the operation of the business:
	(a) Name, complete residence address and residence telephone numbers,
'

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i	i
(b) The two (2) previous addresses immediately prior to the present '
	address of the applicant,
	(c) Written proof of age,
	(d) Height, weight, color of hair and eyes, and sex, j
(e) Two (2) front-face portrait photographs taken within thirty (30)
days of the date of the application and at least two (2) by two (2)
inches in size.
(f) The massage or similar business history and experience ten
(10) years prior to the date of application, including but not
limited to whether or not such person in previously operating
in this county or in any city, county or state under license
or permit has had such license or permit denied, revoked, or
suspended and the reason therefor, and the business activities
or occupations subsequent to such action of denial, suspension
or revocation,
(g) All criminal arrests other than misdemeanor traffic violations,
fully disclosing the jurisdiction in which arrested and the
offense for which arrested and the dispostion thereof.
(h) A complete set of fingerprints taken and to be retained on file
by the sheriff or his authorized representatives;
(6) Such other information, identification, and physical examination of
the person as shall be deemed necessary by the sheriff to discover
the truth of the matters hereinbefore required to be set forth in
the application;
(7) Authorization for the county, its agents and employees to seek infor-I
mation and conduct an investigation into the truth of the statements
set forth in the application and the qualifications of the applicant
for the permit;
(8) The names and addresses of three (3) adult residents of the county
who will serve as character references. These references must be
persons other than relatives and business associates.
(9) Written declaration by the applicant, under penalty of perjury, that
the foregoing information contained in the application is true and
correct, said declaration being duly dated and signed in the county.
Application for Massager's License
Section 4.
Any person desiring a massager's license shall file a written application with the
sheriff on a form to be furnished by the sheriff. The applicant shall tender with the appli-I',
cation the correct license fee as hereinafter provided and shall, in addition, furnish the
following:
(1) The business address and all telephone numbers where the massage
is to be practiced
(2) The following personal information concerning the applicant:
(a) Name, complete residence address and residence telephone numbers;
(b) The two (2) previous addresses immediately prior to the present
address of the applicant;
(c) Written proof of age;
(d) Height, weight, color of hair and eyes, and sex;
(e) Two (2) front-face portrait photographs taken within thirty (30)';
days of the date of application and at least two (2) inches by it
two (2) inches in size; ~,
(f) The massage or similar business history and experience ten (10) ..
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(I
years prior to the date of application, including but not limited,
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to whether or not such person in previously operating in this
'" I county or any city, county or state under license or permit has
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had such license or permit denied, revoked, or suspended and the f~
'~ reason therefor, and the business activities or occupations sub- ~!
!~ Sequent to such action of denial, suspension or revocation; it
(g) All criminal arrests other than misdemeanor traffic violations, ~
~;
fully disclosing the jurisdiction in which arrested, and the
offense for which arrested and the disposition thereof;
(h) A complete set of fingerprints taken and to be retained on file
by the sheriff or his authorized representatives;
(i) A current valid health card issued by the County Health Officer.
(j) A certificate executed by a practicing physician in the county
showing that the applicant is not afflicted by an active venereal
or other communicable disease.
(k) A photocopy of applicant's grade record, showing successful com-
pletion of at least three (3) semester hours of basic anatomy any
physiology at an institution of higher learning accredited by
the Southern Association of Colleges and Universities or the
Texas Education Agency, or an equivalent state accrediting agency
or regional association.
(3) Such other information, identification, and physical examination of
the person deemed necessary by the sheriff in order to discover the
truth of the matters hereinbefore required to be set forth in the
application.
(4) Authorization for the County, its agents and employees to seek info
mation and conduct an investigation into the truth of the statements
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set forth in the application and the qualifications of the applicant)
for the license.
(5) Written declaration by the applicant, under penalty of perjury, that)
the foregoing information contained in the application is true and
correct, said declaration being duly dated and signed in the county.
Approval by Sheriff
Section 5.
Upon receiving the application for a massage business or massager's license, the
sheriff shall conduct an investigation into the applicant's moral character and personal and
criminal history. The sheriff may, in his discretion, require a personal interview of the j
applicant, and such further information, idnetification and physical examination of the
person as shall bear on the investigation.
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In the case of applications for massage business license, the sheriff shall cause ',f
'I
to be conducted an investigation of the premises where the massage business is to be carried
on, for the purposes of assuring that such premises comply with all the sanitation require-
- ments as set forth in this article and with the regulations of public health, safety and
i
welfare. '
i
Before any permit shall be issued under this article, the sheriff shall first sign
his approval of the application. He shall not sign such approval if he finds that, with I
the five years next preceding the date of application, the applicant has been convicted of
a felony or of an offense involving prostitution.
Issuance of Massage Business License
Section 6.
The sheriff shall issue a massage business license within thirty (30) days of receipt
of the application unless he finds that:
(1) The correct license fee has not been tendered to the county and, in the
case of a check, or bank draft, honored with payment upon presentation;
(2) The operation, as proposed by the applicant, if permitted, would not comply
with all applicable laws, including, but not limited to, the county's
building, zoning, and health regulations;
(3) The applicant, if an individual, or any of the stockholders holding more
than ten (10) percent of the stock of the corporation, any of the officers)
and directors, if the applicant is a corporation, or any of the partners,
including limited partners, if the applicant is a partnership, or the
holder of any lien, of any nature, upon the business and/or the equipment
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used therein; and the manager or other person principally in charge of the
operation of the business, have been convicted of any felony or a mis-
demeanor involving moral turpitude unless such conviction occurred at least:.
five (5) years prior to the date of the application;
(4) The applicant has knowingly made any false, misleading, or fradulent state-
ment of fact in the license application or in any document required by the
county in conjunction therewith;
(5) The applicant has had a massage business, massager's or other similar
license denied, revoked, or suspended by any state or local agency within
five (5) years prior to the date of the application;
(6) 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, if the applicant is a partnership, and the manager or other
person principally in charge of the operation of the business, is not over
the age of eighteen (18) years.
Issuance of Massager's License
Section 7.
The sheriff shall issue a massager's license within fifteen (15) days of receipt of
the application unless he finds that:
(1) The correct license fee has not been tendered to the county, and, in the case
of a check or bank draft, honored with payment upon presentation;
(2) The applicant has been convicted of a crime involving moral turpitude, unless
such conviction occurred at least five (5) years prior to the date of the
application;
(3) The applicant has knowingly made any false, misleading, or fraudulent statement '
of fact in the license application or in any document required by the county ',
in conjuction therewith;
(4) The applicant has had a massage business, massager's or other similar license
denied, or suspended by any state or local agency within five (5) years prior to
the date of application.
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(5) The applicant is not over the age of eighteen (18) years.
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Display of License
u
Section 8.
The massage business license shall display his license and that of each and every
massager employed in the establishment in an open and conspicuous place on the premises of
the massage business.
Fees :
Section 9. i
The license fee for a massage business shall be one hundred dollars ($100.00) per
year. The permit fee for massagers shall be fifteen ($15.00) per year.
Separate Locations
Section 10.
Should any massage business have more than one location where the business of massage{
is pursued then a license, stating both the address of the principal place of business and of
the other location(s), shall be issued by the sheriff upon the tender of a license fee of
,_ seventy-five dollars ($75.00). Licenses issued for other locations shall terminate on the
same date as that of the principal place of business, regardless of the date of issuance. j~
Return of Fee
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Section 11.
No portion of any fee collected under this article shall be returned after a license
has been issued.
Suspension and Revocation of Licenses '
~,
Section 12. i
a) A massage business license may be revoked or suspended in any case where any
of the provisions of this article are violated, or where any employee of the licensee, includ-i.
ing a massager, is engaged in any conduct which violates any of the state laws or local ,,
ordinances at permittee's place of business and the permittee has actual or constructive
knowledge by due diligence. Such revocation proceedings shall be as prescribed by subsection ;
(c) of this section.
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b) A massager's license may be revoked or suspended where it appears that the
massager has been convicted of any offense which would be cause for denial of a license upon
an original application, or has made a false material statement on an application for a
license, Such revocation proceedings shall be as prescribed by subsection (c) of this section.
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c) Any massage business or massager's license may be suspended or revoked by the ,
Commissioners' Court of Kerr County after notice and a hearing for any cause set forth in
this section. The sheriff or his authorized agent shall initiate such proceedings by petition
to the Commissioners' Court of Kerr County in writing setting forth specifically the grounds j
for suspension or revocation and, if a suspension, the length of time for which such suspen-
Sion is requested. A copy of such petition shall be mailed to the last known address of the
license holder. Notice of the time and date of the hearing, again setting forth the specific j
'grounds upon which the sheriff's petition is based, shall be given in writing through certified'
United States mail to the licensee at his last known address at least five (5) days prior to
the date set for a hearing. The Commissioners' Court shall, by majority vote, determine
whether or not such license shall be suspended or revoked, and such action shall be final and
conclusive.
_~~ _ _ _..__ ___.._ _ ._. .._ _.__ ._. __ _~e_ _n_ __.
'i! d) Any applicant denied a license shall have the right of appeal to Commissioners`
j Court. Such appeal shall be taken by filing with the county clerk, within ten (10) days
i. after notice of the denial has been mailed to such person's address as set forth in the
~! application, a written statement setting forth fully the grounds for the appeal. The county
clerk shall provide for a court hearing on such appeal at the earliest convenient regular
meeting and shall notify the appellant and the sheriff of the date and time of such court
hearing in the same manner as provided in subsection (c) of this section. The court shall,
by majority vote, either sustain the action of the sheriff or issue the license.
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' Keeping of Records
~~
Section 13.
Every person who operates a massage business or provides. a massage shall at all
f
times keep an accurate appointment book(s) in which the name, age and current address of
I!
each and every patron shall be entered, together with the date and name of the massager
p providing the massage. Such registration shall be required prior to the rendering of any
massage service to any patron. The appointment book shall be available during business:
hours for inspection, on the premises of the massage establishment, by the sheriff and the
director of health or their authorized representatives. The appointment book shall be kept
upon the business premises throughout the license year and for one year thereafter. Anew
appointment book shall be used for each license year.
Transfer Prohibited
Section 14.
No massage business and massager's license are transferable, separate or divisible,
and such authority as a license confers shall be conferred only on the licensee named therein,;.
Sanitation and Health Requirements I!
Section 15. Ili
All premises used by licensees hereunder shall be periodically inspected by the
sheriff or his authorized representative for safety of structure and adequacy of plumbing,
ventilation, heating and illumination. Floors shall be free from any accumulation of dust,
dirt, or refuse. Well-marked toilet and hand-washing facilities for licensees, employees ','
and patrons shall be provided. All walls, ceilings, windows and doors shall be free of dust,
dirt, refuse or mold. In high humidity area, including toilet rooms shower rooms, steam
rooms, locker rooms and other such rooms, the walls, ceiling and floors shall be constructed
or covered with a material that is smooth, nonabsorbent, and easily cleaned.
Towels, cloths, and sheets shall not be used for more than one patron. Heavy, whi
paper may be substituted for sheets provided that such paper is changed for every patron.
;~ Soiled linens and towels shall be stored in a clearly marked covered receptacle and shall
j not be reused prior to laundering. Any individual performing any duties at a massage
business that may bring them into contact with patrons of the business or with the towels,
'~ cloths, sheets, or paper, if such is substituted for cloth, shall have a current valid
i
health card issued by the Health Officer on his person at all times during business hours.
I'
No animals shall be permitted within a massage business at any time.
;'.
j; All equipment used for the treatment of patrons shall be kept in a clean and sanita
_g_
condition, and said equipment shall be kept in a good and safe state of repair at all times. ;!,
j Male massagers shall wear all white slacks and shirt; and female massagers shall wean'
an all white dress or all white slacks and blouse while engaged in the treatment of a patron.
An all white surgical gown or smock may be substituted. Said clothing shall at least cover
the massager's public area, perineum, buttocks, natal cleft and entire chest to four inches
below the collarbone. The massager's clothing shall be kept clean at all times, and soiled
clothing shall not be worn during the treatment of a patron. No massager shall massage a
patron whose genitals are exposed during the treatment; and no patron of a massage business
shall knowingly expose his genitals during a massage to a massager.
No massage service or practice shall be carried on within any cubicle, room, booth,
or any area within a massage establishment which is fitted with a door capable of being
locked. All doors or doorway coverings within a massage establishment shall have an un-
obstructed opening six (6) inches by six (6) inches in size capable of clear two-way viewing
into and out of all cubicles, rooms, or booths. Said opening shall be not less than four
and one-half (42) feet from the floor of the establishment nor more than five and one-half
(5 z) feet from the floor. Toilets and cubicles used solely for the application of liquid
and vapor baths shall have no such opening in the covering door or curtain, but shall be
clearly marked as to purpose on the exterior door or curtain of said cubicle, room or booth.
Nothing contained herein shall be construed to eliminate other requirements of statutes or
~-- ordinances concerning the maintenance of premises, nor to preclude authorized inspection
thereof, whenever such inspection is deemed necessary by the sheriff or health department.
Supervision
Section 16.
A licensee shall have the premises supervised at all times when open for business.
Any business rendering massage services shall have one person who qualifies as a massager
on the premises at all times while the establishment is open. The licensee shall personally
supervise the business, and shall not violate or permit others to violate, any applicable ,
provision of this article. The violation of any such provision by any agent or employee of
the licensee shall constitute a violation by the licensee.
Persons Under Age Eighteen Prohibited on the Premises
Section 17.
No person shall permit any person under the age of eighteen (18) years to come or
_ remain on the premises of any massage business establishment, as massager, employee, or
patron, unless such person is on the premises on lawful business.
Alcoholic Beverages Prohibited
Section 18.
No person shall sell, give, dispense, provide or keep or cause to be sold, given,
dispensed, provided or kept, any alcoholic beverage on the premises of any massage business. ;
Hours
Section 19.
No massage business shall be kept open for any purpose between the hours of 10:00
p.m, and 8:00 a.m.
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Entrances, Exits
Section 20.
No massage business shall have an entrance or exit way providing a direct passageway
to any other type of business, residence or living quarters.
Access
Section 21.
All massage establishments operating under the authority of this article are declared
to be public places, and shall not, during business. hours, have the doors to the exits and
entrances of such establishments locked or obs ructed in any way so as to prevent free
ingress and egress of persons; provided, however, such doors may be closed.
Sex Limitations
Section 22.
No massager shall administer massage to a patron of the opposite sex, unless said
patron shall have a doctor's authorization that such massage is necessary for health reason
Such authorization shall be included in the appointment book.
Penalty
Section 23.
Any person who shall violate any provision of this article shall be deemed to be
guilty of a Class B Misdemeanor and shall upon conviction be punished by a fine not exceeding;
one thousand dollars ($1000.00), confinement in jail for a term not to exceed 180 days, or
both such fine and imprisonment.
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Severability
Section 24.
If any provision, section, subsection, sentence, clause or phrase of this ordinance,
or the application of same to any person or set of circumstances is for any reason held to
be unconstitutional, void, or invalid, the invalidity of the remaining portions of this.
ordinance shall not be affected thereby, it being the intent of the Commissioners' Court
in adopting this ordinance that no portion thereof or provisions, or regulation contained
herein, shall become inoperative or fail by reason of any unconstitutionality of any other
portion hereof and all provisions of this ordinance are declared to be severable for that
purpose.
Order No. 15334
Motion made by Commissioner GUTHRIE and seconded by Commissioner LICH and unanimously
approved by the Court, effective immediately, this the 20th day of January, 1984, at 3:20
o'clock P.M.
(Approval of regulations as set out by County Attorney's Office)
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COURT ADJOURNED JANUARY 20th, 1984 at 3:25 o'clock P. M.
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