ARTICLE VII


HEALTH SPAS; RECREATIONAL, ATHLETIC CLUBS; WEIGHT REDUCING CENTERS


SEC.

12-037.00 Definitions


    For the purposes hereof, the words and/or phrases hereinafter listed for establishments selling memberships for such purpose shall mean:

    (1)          Health Spa: Any facility which provides sauna baths, suntan lamps, exercises and/or exercise equipment, massages, steam baths, diet regimens, and the like for group or individual sessions, and which holds itself out to the public for such uses or any combination of the foregoing.



    (2)          Recreational Club: Any facility which provides pool tables, tennis courts, racquetball and/or handball courts, swimming pool and the like for the purpose of providing recreation and recreational facilities and which holds itself out to the public for such purpose or any combination of the foregoing.

    (3)          Weight Reducing Center: Any facility which is designed for and provides equipment for weight control and/or muscle tone; which provides diets, dietary supplements, and the like; which holds itself out to the public for such purpose or any combination of the foregoing.

    (4)          Athletic Club: Any facility which is designed for, and provides athletic equipment, a gymnasium, track, basketball, handball and/or volleyball, tennis and racquetball courts, steam rooms, weight lifting equipment; which provides for the teaching of any of the foregoing or any of the martial arts, etc.; which holds itself out to the public for such purpose or any combination of the foregoing purposes.

    (5)          Selling Memberships: The sale for cash or on terms to any person of a membership which extends more than twelve (12) consecutive months or which exceeds in amount the sum of One Hundred Twenty-Five Dollars ($125.00) including interest for a shorter duration.

    (6)          Commencement Of Business: For a new business, the date of the first subscription or sale of membership or the date the establishment opens for business, whichever comes first. For an existing business, commencement of business shall mean the date of any new membership as defined in paragraph (e) above or the opening of any additional establishment or location. (Ord. No. 81-306, adopted 12/17/81)

SEC.

12-037.01 Applicability


    (a) Said establishments shall not be permitted to sell memberships for lump sums of cash which exceed a time period of twelve (12) months or which exceeds in amount the sum of One Hundred Twenty-Five Dollars ($125.00), including interest, for a shorter duration if financed by the facility.

    (b) Nothing contained herein shall be interpreted to restrict or impair in any way any obligation or contract in existence prior to the enactment of this Article. Prior contracts of membership shall not be affected by the Article. All contracts of membership to be entered into after the effective date of this Article shall be governed by the herein provisions. (Ord. No. 81-306, adopted 12/17/81)

SEC.

12-037.02 Restrictions On Contracts For Membership


    Contracts for membership in said establishment shall not be binding until seventy-two (72) hours, excluding holidays and weekends, after both parties have executed said contract. During the first seventy-two (72) hours after the contract has been signed, either party to the contract shall have the uncontested right to cancel said contract. Financial contracts for memberships shall be owned and maintained by the establishment selling the memberships. It shall be a violation of this Article to sell or otherwise transfer or pledge ownership of said notes and/or financial contracts to any other agency or institution. (Ord. No. 81-306, adopted 12/17/81)

SEC.

12-037.03 Licensing



    (a) Before commencement of business, the owner(s) thereof shall apply to the Sheriff of St. Tammany Parish, Louisiana, for a commercial license, in addition to an occupational license and he (or they) shall make an affidavit listing name and addresses of the owner, the name and addresses of the establishment, the cost of membership therein, the names and addresses of the operator thereof, if different from the owner; attached thereto will be the membership contract or contracts to be used; the affidavit will include the fact that the owner (or owners) are citizens of the United States and that he (or they) have not been convicted of a felony, or pleaded guilty thereto, within the five (5) years immediately preceding the application.

    (b) In the event the owner or operator is a corporation, those holding more than ten per cent (10%) each of the issued shares must each execute such an affidavit.

    (c) If the establishment or facility is leased, a copy of the lease must be attached to the application.

    (d) After processing the application, the Sheriff shall forward same to the Secretary of the Police Jury indicating that he has no objection thereto.

    (e) The Secretary of the Police Jury shall thereafter, at the first Police Jury meeting immediately following the receipt thereof, place same before the Police Jury for issuance or rejection of the license.

    (f) The facility shall not be open for business until after the Parish license is actually received and also a permit is received from DHHR or appropriate health agency, if the latter is required.

    (g) The license shall be posted within the facility at a conspicuous place and readily available for inspection.

    (h) The fee for the application for the Parish license shall be Fifty Dollars ($50.00) payable to the Sheriff's Department.

    (i) Once issued, the license need not be reissued (however the occupational license must be paid to the Parish) unless:

        (1)         The ownership changes.
        (2)         The license is revoked for cause.
(Ord. No. 81-306, adopted 12/17/81)

SEC.

12-037.04 Bond Required


    Said establishments shall be bonded with a Louisiana firm on the sum of Twenty-Five Thousand Dollars ($25,000.00) or in total amount of their prepaid yearly memberships whichever is higher. Said establishment shall supply proof to the Sheriff's Department of said bond at the time of application and thereafter of the total number of prepaid yearly memberships when their occupational licenses are renewed. (Ord. NO. 81-306, adopted 12/17/81)

SEC.

12-037.05 Exemptions


(2)     The provisions of this Article shall not apply to:


    (1)         Such establishments as are already in operation; however, it shall apply if and when there is a change in ownership, in whole or in part.

    (2)         To any such establishments which are nonprofit and conducted as an adjunct to a school, church, synagogue, governmental agency or bona fide homeowners' association or private club.

    (3)         To any establishment which does not sell or finance memberships, i.e., which operates on a noncontract basis wherein the customer pays only on "per visit" or "per each use".
(Ord. No. 81-306, adopted 12/17/81)

SEC.

12-037.06 Penalty For Violation


    (4)     Any violation hereof shall constitute a misdemeanor punishable as is contained in Section 1-008.0 of the Code of Ordinances; should said violations continue, each day thereof will be a separate offense.

    (5)     Additionally or alternatively the Parish Police Jury may suspend or revoke the license after an administrative hearing brought on the complaint of any agency or law enforcement officer of this Parish.
(Ord. No. 81-306, adopted 12/17/81)

SECS. 12-037.07 - 12-053.99 Reserved.