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ordinances classify
<br />legitimate therapeutic massage
<br />businesses as those associated
<br /> with health clubs, physical
<br /> therapy clinics, full service
<br /> beauty salons, hotels, and
<br /> medical facilities.
<br />
<br /> falls under the practice of medicine because it "penetrates the
<br /> tissue of human beings," which falls under the city's definition
<br /> of surgery. Oak Harbor regards the prohibition of tattoo parlors
<br /> as a measure to protect residents' public health. Ocean City's
<br /> ordinance does not clearly state the reasoning for its strict
<br /> restrictions, but the ordinance is detailed enough to discourage
<br /> the most immaculate proprietor.
<br /> While prohibiting tattoo parlors may seem an extreme
<br />regulatory measure, many communities implement legislation
<br />with very clear guidelines for operations. For example, the
<br />Mission Viejo, California, ordinance prohibits tattooing on
<br />certain skin surfaces, lists what type ofantlscptic and dressing
<br />must be used, addresses sterilization procedures, and states very
<br />sp 'cific guidelines for equipment, tattooing procedures, and
<br />surfaces. In addition, the business owner is required to submit"
<br />in writing to the state health department the sources of all dyes
<br />or inks used in the operation prior to receiving a permit.
<br />Though the regulations appear strict, Mission Vicjo's ordinance
<br />resembles most ordinances that allow tattoo parlors.
<br /> While many regulations are strict, they generally don't require
<br />tattoo artists to have a professional permit to pracdce unless the
<br />ordinance requires phy :cians or osteopaths to perform the
<br />procedure. In fact, there are no official tattoo organizations
<br />certifying professionals. Tattoo mists have associations that serve as
<br />membership organizations, but artists are not required, for example,
<br />to take a minimum number of credit hours in tattoo artistry at their
<br />local college. This may not seem significant to someone deciding
<br />what color of dragon to install on his or her shoulder, but it is of
<br />concern to state officials trying to determine what constitutes a
<br />legitimate tattoo business.
<br /> Most tattoo artists are not licensed physicians or osteopaths.
<br />Therefore, one might conclude that ordinances that require
<br />tattoo owners and operators to be licensed in the medical field
<br />may as well prohibit them, but that assumption would be
<br />wrong. The state of Maryland requires tattoo parlor owners to
<br />be licensed physicians or osteopaths, but tattoo parlors operate
<br />in College Park, Landover Hills, Prince Frederick, and Silver
<br />Spring. This suggests that stringent regulations don't totally
<br />deter such businesses.
<br /> For communities that allow tattoo parlors, regulations are
<br />similar to those for clinics. Most regulations include strict
<br />guidelines for hygiene and for disposing of and sterilizing the
<br />necessary equipment. All ordinances reviewed by ZoningNews
<br />require, as a matter of state law, that any patron be at least 18
<br />years of age or in the company of a legal parent or guardian
<br />before being tattooed. Tattoo operators must submit their
<br />personal medical records to the health department and maintain
<br />records of all their clients. Further restrictions require tattoo
<br />parlors to adhere to those regulations listed in the local
<br />
<br />ordinance for commercial districts. In addition, some
<br />ordinances allow the parlors only in light industrial districts or
<br />require them to obtain conditional use permits to locate in a
<br />commercial district.
<br />
<br />Massage Parlors
<br />Massage parlors are also experiencing growth. While many of
<br />tgday's massage businesses call themselves day spas, massage parlors
<br />have not always been popular or viewed in a positive light.
<br />Historically, they have been associated with prostitution and fronts
<br />for other illicit behavior. In contrast, today's parlors or spas are
<br />providing services for models, corporate executives, athletes, and
<br />anyone willing to spend $100 or more to feel good. Although this
<br />business has found a legitimate niche in today's service industry, the
<br />negative image has not totally disappeared.
<br /> As the day spas continue to grow and find success within the
<br />service industry, the massage industry's darker side, adult massage
<br />parlors, share in the success. How can one distinguish them? Unlike
<br />adult theaters and book stores, adult massage parlors will not
<br />advertise or appear different on the outside. Just last month as a
<br />
<br />Massage parlors can be inconspicuously located, like this one
<br />that shares a quiet suburban residential area.
<br />
<br />prank, San Francisco 49ers teammates referred wide receiver Jerry
<br />Rice to a massage parlor that was raided by police. Rice mistakenly
<br />thought it was a legitimate business until police showed up. This
<br />mistake can happen to anyone, including those munidpalities
<br />trying to regulate massage parlors.
<br /> Massage parlors are another business typically found under the
<br />adult use umbrella and sometimes are required to have a
<br />conditional use permit to operate. As previously repotted in Zoning
<br />News ("Massaging the Regulations," October 1997), massage
<br />parlors can be unwanted in communities because of the difficulty
<br />of dearly defining the type of massage permitted. Most ordinances
<br />classifi/legitimate therapeutic massage businesses as those associated
<br />with health clubs, physical therapy clinics, full service beauty salons,
<br />hotels, and medical facilities. This type of massage presents no
<br />problem because it is affiliated with a larger commercial use.
<br />However, massage can exist as an exotic adult use with scantily
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