Empowering Nevada Massage Therapists

Massage Therapy Legislation in southern Nevada, Clark County

A Reading into Massage Establishment & Massage Code

this item, #91 on July 1st's agenda, has been deleted

This meeting of the Board of [Clark] County Commissioners (BCC) features a reading into Clark County Code that removes Clark County professional credential and identification verification requirements (work card) verbiage and replaces it with the Nevada State Board of Massage Therapists verbiage. As always, there is room left on the agenda item that was introduced June 2nd (item #101) for other matters concerning Chapter 7.08 modifications that Business License, Zoning, or Staff decide need to be added or addressed during this time. The BCC may be presented with amendments or additional considerations on which they may vote during this agenda item.

Clark County calls for responses of opinions to be filed with the reading and heard in a Public Hearing on:

July 1st, 2008, at 10 AM at 500 S Grand Central Pkwy in the Commissioner's Chambers. The time (10am) is subject to change as Public Hearings are usually conducted in the afternoon (after lunch) at 1pm or later. Please stay tuned for any updates that may be posted.

If you want to be heard during the Public Hearing on any of the items proposed for change in Chapter 7.08 of the Clark County Code, please plan on attending this Public Hearing.

Interested in supporting or opposing this change?  If you need:

  
· a copy of the items to be changed and introduced in the June 2nd BCC meeting, please click here.

· directions to the Commission Chambers, click for a Google map.

· more information about the Hearing, please contact Clark County Administrative Services at (702) 455-3530.
The AMTA-Nevada Chapter will not be represented at this Hearing.

New Massage Establishment Ordinance Passes

Ordinance 1713-07 and Ordinance 0177-08 in Clark County was unanimously passed on May 21st by the Board of County Commissioners (BCC). The Ordinances amend Chapter 7.08.045 of the Clark County Code regarding Massage and Massage Establishment law by restricting new applicant massage establishments as of April 1st, 2008 to operate only between the hours of 8am and 9pm and new massage establishments may not be located within 1000 feet of another massage establishment or within 200 feet of a residentally zoned parcel.

The originally-drafted proposed Ordinance was changed and re-drafted considerably by the time of the May 21st vote, after the originally proposed restriction of hours that applied to all massage establishments, massage businesses, and Independent Massage Therapists was challenged by the massage therapy industry, resort hotel association, and many of the business owners in the industry in Clark County. Business License included amendments to make exceptions for resort hotel properties, chair massage businesses, and new owners that purchase a business under the grandfathering effect the Ordinance, applicable after May 21st, 2008.

The BCC spent 2 hours and 41 minutes discussing the impact of the ordinance and the intent of the ordinance. Detective Rodd of the LVMPD (a dual-enforcement agency for the County and the City of Las Vegas) quoted from his Special Investigations department a one in four citation-issued ratio for citations written during the swing shift by Metro police officers and investigators. The BCC stated that they felt they were being more than accommodating in treating all affected parties by voting to pass the proposed ordinance(s) and that public safety is the primary concern, as the origination of the request by the BCC to curb illegal activity and reduce crime regarding massage establishments was initiated by the public in the districts in which the Commissioners maintain.

The new Ordinances only apply to submitted applications for new massage establishments on and subsequent to April 1st, 2008. Further, any applicant who did not have a massage establishment license "in-hand" before May 21st is subject to the new Ordinances.

Following, the AMTA-Nevada Chapter made a statement about the proposed legislation:

On behalf of our members, the American Massage Therapy Association-Nevada Chapter strenuously objects to the proposed Clark County Ordinance 1713-07.  In its attempt to control illicit "massage parlors", this ordinance would instead victimize legitimate massage therapists, without correcting the problem.  It excludes the very businesses it is supposed to target.

Instead of punishing an entire healthcare profession, the county should be enforcing current laws and prosecuting offenders who attempt to co-opt legitimate massage.  For example, establishments with more than one solicitation arrest on their premises could have their licenses revoked.  This would not punish massage therapists and instead enforce current laws to curb illicit activity.

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