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Ordinance: 14013
File Number: 9212
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/22/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS
(4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 31 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "LOCAL BUSINESS
TAX AND MISCELLANEOUS BUSINESS REGULATIONS", BY CREATING
ARTICLE VI, TITLED "MASSAGE ESTABLISHMENTS", AND REGULATING
THE OPERATION OF MASSAGE ESTABLISHMENTS LOCATED IN THE CITY
OF MIAMI; MORE PARTICULARLY BY CREATING SECTION 31-100, TITLED
"DEFINITIONS"; SECTION 31-101, TITLED "MASSAGE ESTABLISHMENTS —
PROHIBITED PRACTICES"; SECTION 31-102, TITLED "PHYSICAL
CONTACT"; SECTION 31-103, TITLED "REMOVING CLOTHING"; SECTION
31-104, TITLED "PRESENCE OF LICENSED MASSEUR OR MASSEUSE
REQUIRED"; SECTION 31-105, TITLED "PRESENCE OF PERSON IN
CHARGE"; SECTION 31-106, TITLED "RESPONSIBILITY OF OWNER AND
MANAGER"; SECTION 31-107, TITLED "HUMAN TRAFFICKING AWARENESS
SIGNS AT ADULT ENTERTAINMENT, MASSAGE, AND BODYWORK
SERVICES ESTABLISHMENTS"; SECTION 31-108, TITLED "WINDOW';
SECTION 31-109, TITLED "PENALTIES"; SECTION 31-110, TITLED
"CUMULATIVE REMEDIES"; SECTION 31-111, TITLED "IMMUNITY"; AND
SECTION 31-112, TITLED "SEVERABILITY OF ORDINANCE"; CONTAINING A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Alex Diaz de la Portilla, Commissioner Joe Carollo
WHEREAS, it is well established that massage establishments that operate at all hours
of the night are frequented by individuals engaged in prostitution and/or human sex trafficking
as well as other illegal activity; and
WHEREAS, human sex trafficking has become an epidemic of significant consequences
to our community such that the Miami -Dade State Attorney's Office established a Human
Trafficking Unit in 2012 to more effectively combat the issue; and
WHEREAS, the United States Department of State estimates that hundreds of
thousands of individuals are trafficked across our nation's boarders every year, with Florida
receiving a high percentage of those victims; and
WHEREAS, victims of human sex trafficking are often exposed to serious health risks,
including sexually transmitted diseases, drug and alcohol addiction, broken bones and burns,
memory loss, miscarriages or forced abortions, Post Traumatic Stress Disorder, anxiety, fear,
and psychological trauma; and
WHEREAS, individuals engaged in forced services are exposed to similar physical and
psychological effects; and
City of Miami Page 1 of 6 File ID: 9212 (Revision: A) Printed On: 81512021
File ID: 9212 Enactment Number: 14013
WHEREAS, pursuant to Section 162.09(2)(d), Florida Statutes, a municipality with a
population of more than 50,000 people may adopt, by a majority plus one vote, per diem fines
not to exceed $1,000.00 per diem, per violation for a first time offender; $5,000.00 per diem, per
violation for a Repeat Offender; and up to $15,000.00 per violation if a code enforcement board
finds a violation to be irreparable or irreversible in nature and the criteria for such determination
is included in the municipality's ordinance; and
WHEREAS, the City Commission deems it to be in the best interest of the health, safety,
and welfare of its residents, businesses, and visitors to amend Chapter 31 of the Code of the
City of Miami, Florida, as amended ("City Code"), by creating Article VI to regulate massage
establishments operating in the City of Miami;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. By a four -fifths (4/5ths) affirmative vote, Chapter 31 of the City Code is
further amended in the following particulars:'
"CHAPTER 31
LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS
ARTICLE VI. MASSAGE ESTABLISHMENTS
Sec. 31-100. Definitions.
The followina words. terms. and Dhrases. when used in this Article. shall have the meaninas
ascribed to them in this Section
(a) Employees shall mean and shall encompass those persons in direct employ and
those persons acting as independent contractors.
(b) Establishment shall mean a site or premises, or portion thereof, wherein a massage
therapist, Employee, masseur, or masseuse practices Massage.
(c) Establishment Owner shall mean a person who has ownership interest in a Massage
Establishment. The term includes but is not limited to an individual who holds a Massage
Establishment license, a general partner of a partnership, an owner or officer of a
coraoration. and a member of a limited liabilitv comaanv and its subsidiaries who holds a
Massage Establishment license.
(d) Fee or Gratuity shall mean and include payment by money, check, credit card, or any
combination thereof or anything of value in exchange for services under this Article.
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 2 of 6 File ID: 9212 (Revision: A) Printed on: 8/5/2021
File ID: 9212
Enactment Number: 14013
(e) Massage shall mean the manipulation of the soft tissues of the human body by the
hand, foot, arm, or elbow of an Employee of a Massage Establishment, whether or not
such manipulation is aided by hydrotherapy, including colonic irrigation, or thermal
therapy; any electrical or mechanical device; or the application to the human body of a
chemical or herbal preparation.
(f) Massage Establishment shall mean and includes any health spas, health studios,
exercise salons, relaxation spas, health salons, health clubs and adult relaxation spas,
shops, parlors, Establishments, or places of business wherein all or any one or more of
the named subjects and methods of treatments, as defined in Subsection (a) of this
Section, are administered or practiced.
(g) Massage Therapist shall mean the same as set forth in Section 480.033, Florida
Statutes.
(h) Masseur and Masseuse shall mean and include a person who practices, administers,
or teaches all or anv one or more of the followina subiects and methods of treatments:
(1) A person who administers or teaches treatments with any mechanical or
electrical apparatus for the purpose of body slenderizing, body reducing, or body
contouring.
(2) A person who has studied the underlying principles of anatomy and
Physiology, including the theory of Massage, its indications and Contra-
indications, and administers or teaches all or any one or more of the following
subjects and methods of treatments: oil rubs, salt glows, hot or cold packs, all
kinds of baths including steam rooms, cabinet baths, sitz baths, color irrigations,
body massage either by hand or by any mechanical or electrical apparatus or
device (excluding fever therapy), applying such movements as stroking, friction,
rolling, vibration, kneading, cupping, petrissage, rubbing, effleurage, or
tapotement.
(3) Nothing in this Article shall be construed as applying to State of Florida
licensed barbers, cosmetologists, manicurists, pedicurists, physical therapists,
Physical therapist assistants, midwives, practical nurses, agents, servants, or
Employees in licensed hospitals or nursing homes or other licensed medical
institutions, licensed physicians, osteopaths, chiropractors, podiatrists,
naturopathic physicians, other licensed medical practitioners, or their agents,
servants, or Employees acting in the course of such agency, service, or
employment.
(i) Premises shall mean the real property, or portion thereof, upon which the Massage
Establishment is located, including, but not limited to, the Establishment and the
grounds, private walkways, parking lots, and/or parking garages under the ownership or
control of the Establishment.
ec. 31-101. Massaae Establishments — Prohibited Practices.
An Establishment Owner and/or its Employees may not operate or provide Massage services at
a Massage Establishment in the City between the hours of 10:00 p.m. and 8:00 a.m. daily. This
Subsection does not apply to a Massage Establishment:
City of Miami Page 3 of 6 File ID: 9212 (Revision: A) Printed on: 8/5/2021
File ID: 9212
Enactment Number: 14013
(a) Located on the Premises of a health care facility as defined in Section 408.07,
Florida Statutes; a health care clinic as defined in Section 400.9905(4), Florida Statutes;
a hotel as defined in Section 509.242, Florida Statutes; a timeshare property as defined
in Section 721.05, Florida Statutes; or a pari-mutuel facility as defined in Section
550.002, Florida Statutes;
(b) In which every Massage performed between the hours of 10:00 p.m. and 8:00 a.m.
is performed by a Massage therapist acting under the prescription of a physician or
Physician assistant licensed under Chapter 458, Florida Statutes; an osteopathic
physician or physician assistant licensed under Chapter 459, Florida Statutes; a
chiropractic physician licensed under Chapter 460, Florida Statutes; a podiatric
Physician licensed under Chapter 461, Florida Statutes; an advanced practice registered
nurse licensed under Part I of Chapter 464, Florida Statutes; or a dentist licensed under
Chapter 466. Florida Statutes.
Sec. 31-102. Phvsical Contact.
It shall be unlawful for any person in any of the Establishments described in Sections 31-
100(a)(2) and 31-100(a)(6) hereof, or other similar type of business, to provide any type of
Physical contact, touching, or Massage for a Fee or Gratuity unless the person providing the
service is a Masseur or Masseuse duly licensed in accordance with the provisions of Chapter
480, Florida Statutes.
Sec. 31-103. Removing Clothing.
It shall be unlawful for any person in any of the Establishments described in Sections 31-
100(a)(2) and 31-100(a)(6) hereof to request another person to remove his or her clothing,
unless the person making the request is a Masseur or Masseuse duly licensed in accordance
with the provisions of Chapter 480, Florida Statutes.
Sec. 31-104. Presence of Licensed Masseur or Masseuse Required.
It shall be unlawful to operate any of the Establishments described in Sections 31-100(a)(2) and
31-100(a)(6) hereof unless there shall be in its employ and on duty full-time during the hours
open for business at least one (1) licensed Masseur or licensed Masseuse.
Sec. 31-105. Presence of Person in Charge.
It shall be unlawful for any person, firm, or corporation who shall be the Owner of any of the
Establishments described in Section 31-100(a)(2) and 31-100(a)(6) hereof to operate that
Establishment unless the Owner shall be present upon the Premises or, in the event of the
absence of the Owner from the Premises, unless the Owner designates, in a signed writing to
be left on the Premises, a person to be in charge of the Premises who shall also be a Masseur
or Masseuse licensed in accordance with the provisions of Chapter 480, Florida Statutes.
Sec. 31-106. Responsibility of Owner and Manager.
It shall be unlawful for any person owning or managing or otherwise controlling any place of
business located in the City to cause or to knowingly permit any agent, servant, Employee, or
other person under his control or supervision to participate in the conduct prohibited in Sections
31-102 or 31-103 hereof.
City of Miami Page 4 of 6 File ID: 9212 (Revision: A) Printed on: 8/5/2021
File ID: 9212 Enactment Number: 14013
Sec. 31-107. Human Trafficking Awareness Signs at Adult Entertainment, Massage, and
Bodywork Services Establishments.
(a) The employer at each Massage Establishment shall display public awareness signs in a
conspicuous location that is clearly visible to the public and Employees of the Establishment.
(b) The required public awareness sign must be at least 8.5 inches by 11 inches in size, must
be printed in at least 16-point type, and must state substantially the following in English,
Spanish, and Creole:
If you or someone you know is being forced to engage in an activity and cannot
leave —whether it is prostitution, housework, farm work, factory work, retail work,
restaurant work, or any other activity —call the National Human Trafficking
Resource Center at 1-888-373-7888 or text INFO or HELP to 233-733 to access
help and services. Victims of slavery and human trafficking are protected under
United States and Florida Law.
(c) The required public awareness sign must be posted pursuant to Section 787.29, Florida
Statutes, Section 21-31.5 of the Miami -Dade County Code, and Section 31-107 of the City
Code.
Sec. 31-108. Window.
A Massage Establishment shall maintain window signage so that there is a clear and
unobstructed view of the interior of the reception area from the exterior of the Establishment.
Sec. 31-109. Penalties.
(a) Any person who violates any provision of this Article commits a municipal ordinance violation
and may be punished as provided in Section 1-13 of the City Code. Each instance of the above -
described prohibited practices constitutes a violation and shall constitute a separate offense.
(b) The Establishment Owner or operator of any Massage Establishment found to be in violation
of this Article or allowing an Employee of the Establishment to preform Massage services is
subject to the following penalties:
(1) First violation shall be subject to a $1,000.00 per diem fine;
(2) Second and subsequent violations shall be subject to a fine of up to $5,000.00 per
day as a Repeat Violator and a revocation of the Certificate of Use for the business
Establishment.
(c) Any individual or Establishment found to have facilitated prostitution, human sex trafficking,
or other illegal conduct in a Massage Establishment is subject to a fine of up to $15,000.00 as a
code enforcement matter if the Code Enforcement Board or Special Master finds the violation to
be irreparable or irreversible in nature in accordance with the criteria set forth in Section 2-
817(c) of the City Code, revocation of the Certificate of Use for the business, and forfeiture of
the Premises pursuant to the Florida Contraband Forfeiture Act of Sections 932.701 - 932.7062,
Florida Statutes.
ec. 31-110. Cumulative Remedies.
Remedies provided under this Article are cumulative and do not preclude in any way a law
enforcement officer's right to effectuate an arrest for related criminal conduct or the City from
seeking an injunction or other appropriate remedies. The City Attorney is authorized to file a civil
City of Miami Page 5 of 6 File ID: 9212 (Revision: A) Printed on: 8/5/2021
File ID: 9212 Enactment Number: 14013
action to enforce and collect attorneys' fees and costs and such proceedings shall be expedited
by the court.
Sec. 31-111. Immunity.
The City and its elected and appointed officials, employees, and agents are immunized from
civil or criminal liabilitv for actions taken in accordance with this Article.
Sec. 31-112. Severability of Ordinance.
If any provision of this Ordinance or the application thereof to any person or circumstances is
held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which
can be given effect without the invalid provision or application, and to this end, the provisions of
this Ordinance are declared severable.
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Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be Affected.
Section 4. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the City Code, which provisions may be renumbered or re -
lettered and the word ordinance be changed to "section", "article", or other appropriate word to
accomplish such intention.
Section 5. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS
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2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 6 of 6 File ID: 9212 (Revision: A) Printed on: 81512021