Quote:
Originally Posted by ShysterJon
My answer is: As far as I know, it's not a crime to only advertise that you offer bodyrubs or massages when you don't have a license. However, to actually perform bodyrubs or massages for compensation without a license is a class B misdemeanor if you perform the service at a sexually-oriented business. In Texas, a class B misdemeanor is punishable by up to 180 days in county jail and a $2,000 fine. If the bodyrub or massage is performed at a place other than a sexually-oriented business, it's a class C misdemeanor punishable by a fine only.
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You might want to check in the Dallas Alerts for the relevant code. The State of Texas passed new laws to regulate ads and part of the law does create penalties for posting ads when you do not hold a valid license.
Unless you have a registered DBA (doing business as) you can't even use a fake name in your ads.
Here's a thread that contains a lot of info for Texas including links to the State list of citations along with links to the revised law.
http://www.eccie.net/showthread.php?t=90977
Here's a good current link:
http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5 &ti=25&pt=1&ch=140&sch=H&div=2 &rl=Y
http://www.statutes.legis.state.tx.u...htm/OC.455.htm
The post below shows the state has made it more than just a civil issue. They define what a massage IS and any one doing that action, here's the relevant portion that directly answers you about advertising Body Rubs:
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(8) "Massage therapy" means the manipulation of soft tissue by hand or through a mechanical or electrical apparatus for the purpose of body massage and includes effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics. The terms "massage," "therapeutic massage," "massage technology," "myotherapy,"
"body massage," "body rub," or any derivation of those terms are
synonyms for "massage therapy."
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Sec. 455.352. CRIMINAL PENALTY. (a) A person commits an offense if the person is required to be licensed under this chapter and the person:
(1) knowingly violates Section 455.151, 455.159, 455.202(b), 455.203(a) or (c), 455.204(b) or (c), or 455.205(b), (c), or (d); or
(2) collects a fee or any other form of compensation for massage therapy without being licensed under this chapter.
(a-1) A person commits an offense if the person is required to be licensed under this chapter and the person knowingly violates Section 455.205(a). An offense under this subsection is a Class B misdemeanor, unless the actor has previously been convicted one or two times of an offense under this subsection, in which event it is a Class A misdemeanor. If the actor has previously been convicted three or more times of an offense under this subsection, the offense is a state jail felony.
(b) An owner or operator of a massage establishment commits an offense if the person knowingly violates Section 455.151(a), 455.155(d), 455.202(a), 455.204(b) or (c), or 455.205(d). An offense under this subsection is a Class B misdemeanor, unless the actor has previously been convicted one or two times of an offense under this subsection, in which event it is a Class A misdemeanor. If the actor has previously been convicted three or more times of an offense under this subsection, the offense is a state jail felony.
(c) An owner or operator of a massage school commits an offense if the person knowingly violates Section 455.151(a), 455.159, 455.203(a) or (c), 455.204(b) or (c), or 455.205(b), (c), or (d).
(d) Except as provided by Subsections (a-1), (b), and (e), an offense under this section is a Class C misdemeanor.
(e) If it is shown at the trial of an offense under this section that the defendant has been previously convicted of an offense under this section, the offense is a Class A misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1300, Sec. 32, eff. September 1, 2005.
Sec. 455.353. ENFORCEMENT BY PEACE OFFICERS. A peace officer of this state, including a peace officer employed by a political subdivision of the state, may enforce this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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Too many massage girls think that ONLY TDH officers can check them out and write tickets. I am including the above section to point out that the State has made provisions in the law that pretty much ANY peace officer can enforce the laws about massage so if you think that just because a DPD officer cites you that you'll get the citation dismissed, you are 100% dead wrong.
"Body rubs"
