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Ogden council tables proposed massage-business licensing ordinance for legal review
Summary
Council delayed action on a proposed ordinance that would establish a city-level massage-business license and operational standards, citing privacy/HIPAA questions and landlord/tenant implications; staff will return with revisions by Dec. 9.
Ogden City Council voted to table proposed Ordinance 2025-37, which would create a city massage-business license (Title 5, Chapter 18) and a set of facility, operational and inspection standards for massage establishments, until Dec. 9 to allow staff legal review and outreach.
Staff outlined the draft ordinance's main components: a required business license for multi-therapist establishments, evidence of DOPL registration for individual therapists, an on-site client log/intake form, employee rosters, a posted list of services and prices, facility standards (visible reception, no locked interior doors except restrooms, draping requirements), and limited hours (8 a.m.–10 p.m.). The draft also would permit the city to inspect licensed premises during business hours and impose sanctions up to license revocation; a three-year moratorium would bar another massage establishment at a revoked location for that period.
Council members raised legal and operational questions. Several asked whether client intake logs or sample intake forms could trigger HIPAA or other privacy protections when massage services are provided as medical treatments and whether the city should require staff IDs or issue city photo badges. Others noted potential property-rights issues where a landlord might be prevented from leasing a location after a license revocation. Business-license staff said the on-site client log would not require disclosure of medical diagnoses and that the intake template is a sample intended to demonstrate that legitimate questions are asked and clients authorize treatments; staff agreed to consult legal counsel on HIPAA and to refine moratorium language.
Council member Jared (vice chair Hyer) moved to table the ordinance to Dec. 9 to allow staff time to consult with the city attorney and affected parties; the motion passed by voice vote. Staff said they will return with revised language addressing HIPAA/privacy, the moratorium's impact on property owners, and outreach to existing massage practitioners.
