HomeMy WebLinkAboutORD 1974-003 ORDINANCE NO. ��-3
AN ORDINANCE AMENDING TITLE 10 OF THE CITY
CODE OF GRAPEVINE, TEXAS, SAME BEING THE
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COMPREHENSIVE ZONING ORDINANCE, BY ADDING
A CHAPTER ENTITLED "MASSAGE ESTABLISHMENTS",
SAME BEING A CHAPTER REGULATING AND GOVERNING
THE OPERATION OF A MASSAGE ESTABLISHMENT AND/OR
THE PERFORMING OF MASSAGE SERVICES WITHIN THE
CORPORATE LIMITS OF THE CITY OF GRAPEVINE,
TEXAS; PROVIDING DEFINITIONS; PROVIDING FOR
SUCH USES TO BE PERMITTED ONLY ON PROPERTY
ZONED WITHIN THE CITY CODE OF GRAPEVINE, TEXAS,
TITLE 10, CHAPTER 12, SAME BEING THE "SP" SPECIFIC
USE PERMIT DISTRICT; PROVIDING A PENALTY;
PROVIDING A SEVERABILITY CLAUSE; AND DECLARING
AN EMERGENCY.
WHEREAS, all notices required by law have been given in the
manner provided by law;
WHEREAS, all public hearings required by law have been
conducted in the manner provided by law;
WHEREAS, all other things required by law have been
performed in the manner reguired by law; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
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SECTION 1. Amendment of Zoning Ordinance
Title 10 of the City Code of G rapevine, Texa s, same
being the comprehensive zoning o4-dinanc� is hereby amended by adding
a chapter entitled "Massage Establishments" which shall contain the
'�' "� following provisions,
SECTION 2. Definitions.
For the purpose of this ordinance, the following words and
phrases shall have the meaning respectively ascribed to them by this section:
(a) "Massage Services" means any process consisting of
kneading, rubbing, or otherwise manipulating the skin of
the body of a human being, either with the hand or by means
of electrical instruments or apparatus, or other special
apparatus, but shall not include massage by duly licensed
physicians, osteopaths, chiropractors, and registered
physical therapists or registered nurses or licensed
vocational nurses who treat only patients recommended by
a licensed physician and who operate only under such
physician's direction, The term "massage services"
shall not include ma ssage services authorized by the
State of Texas in establishments licensed by the State of
Texa s in beauty shops and ba rber shops staffed by licensed
barbers and beauticians,
(b) "Massage Establi�hment" shall mean a building,
room,place or establishment, other than a regularly licensed
hospital, where manipulated massage services or manipulated
- exercises are practiced upon the human body by anyone not
a duly licensed physician, osteopath, chiropractor or a
,�,._:, registered nurse or licensed vocational nurse acting at
the direction of a doctor whether with or without the use
of inechanical, therapeutic or bathing devices, and shall
include Turkish bathhouses. This term shall not include,
however, duly licensed beauty parlors or barber shops or
a place wherein registered physical thereapists treat
only patients recommended by a licensed physician and
operate only under such a physician's direction,
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SECTION 3. Not withstanding any provision of any ordinance or
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any City Code provision currently in effect in the City of Grapevine,
Texas, the operation of a massage establishment and/or the per_forming
of massage services permitted by the laws of the State of Texas, shall
be regulated and governed as provided herein,
SECTION 4. The operation of a massage establishment and�or
the performing of massage services shall be illegal in the City of
Grapevine, Texa s, unless on property zoned specifically for that purpose
within the City Code of Grapevine, Texas, Title 10, Chapter 12, same
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being the "SP" Specific Use Permit District of the Comprehensive Zoning
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Ordinance.
SECTION 5. Any person violating or failing to comply with
any provision of this ordinance shall be fined upon conviction, not less
than One Dollar ($1. 00) nor more than Two Hundred Dollars ($200. 00)
and each day any violation of non-compliance continues shall constitute a
sepa rate offense.
SECTION 6. It is hereby declared to be the intention of the
City Council of the City of Grapevine that the sections, paragraphs,
sentences, clauses, and phrases of this ordinance are severable and
if any phra se, clause, sentence, pa ragraph or section hereof should
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; be declared unconstitutional, such unconstitutionality or invalidity shall
not affect any of the remaining phrases, clauses, sentences, paragraphs
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or sections of this ordinance, since the same would have been enacted by
the City Council without the incorporation in this ordinance of any such
unconstitutional or invalid phrases, clauses, sentence, paragraphs or
sections.
SECTION 7. The fact that the present zoning ordinance and
regulations of the City of Grapevine are inadeguate to properly safeguard the
health, safety, morals, peace and general welfare of the inhabitants
"�' of the City of Grapevine, creates an emergency for the immediate
a�� preservation of the public business, property, health, safety, and general
welfare of the public which requires that this ordinance shall become
effective from and after the date of its passage as provided by the Charter
o f the City of Grapevine and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE
CITY OF GRAPEVINE, TEXAS, this the gth day of Januar �
19 74.
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ATTEST:
it ecre a ry �
PPROVED AS TO ORM:
ity ttorney
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