[R.O. 1992 § 625.010; Ord. No. 03-9345 § 2, 5-5-2003[1]]
As used herein, the following terms
shall mean:
The State of Missouri Board of Therapeutic Massage.
Any place of business in which massage therapy is practiced.
A health care practitioner who provides or offers to provide
massage therapy as provided in Sections 324.240 to 324.275, RSMo.,
to any person at no cost or for a fee, monetary or otherwise, implying
that the massage therapist is trained, experienced and licensed in
massage therapy and who holds a current, valid license to practice
massage therapy.
A health care profession which involves the treatment of
the body's tonus system through the scientific or skillful touching,
rubbing, pressing or other movements of the soft tissues of the body
with the hands, forearms, elbows or feet or with the aid of mechanical
apparatus for relaxation, therapeutic, remedial or health maintenance
purposes to enhance the mental and physical well-being of the client,
but does not include the prescription of medication, spinal or joint
manipulation, the diagnosis of illness or disease, or any service
or procedure for which a license to practice medicine, chiropractic,
physical therapy or podiatry is required by law or to those occupations
defined in Chapter 329, RSMo.
An individual, corporation, association or other legal entity.
[1]
Editor's Note: This ordinance also repealed former Ch. 625,
adopted 6-17-1996 by Ord. No. 7957 § 2, as amended.
[R.O. 1992 § 625.020; Ord. No. 03-9345 § 2, 5-5-2003; Ord. No. 23-13755, 4-17-2023]
A.
It
shall be unlawful for any person to engage in, conduct or carry on
or to permit to be engaged in, conducted or carried on, in or upon
any premises in the City of Washington, the operation of a massage
business or engage in the practice of massage therapy within the City
limits of the City of Washington without first having obtained a permit
from the office of the Business License Clerk. Notwithstanding anything
contained in this Chapter to the contrary, no massage establishment
shall be located within any residential zoning district.
B.
A person
desiring to receive a license to operate a massage business or practice
as a massage therapist in the City of Washington, Missouri, shall
file a written application with the Business License Clerk on a form
prescribed by the Business License Clerk. Each license shall be issued
only for the massage business or massage therapist listed in the application.
Licenses shall be posted in a conspicuous place on the premises of
the licensed massage business.
C.
Upon
approval of the application, the Business License Clerk shall issue
a permit for a massage establishment if a license fee in the amount
of sixty dollars ($60.00) plus two dollars ($2.00) for each employee
per year beginning July 1 of each year is paid to the Business License
Clerk.
D.
Upon
approval of the application, the Business License Clerk shall issue
a permit for a massage therapist if a license fee in the amount of
thirty dollars ($30.00) per year beginning July 1 of each year is
paid to the Business License Clerk.
[R.O. 1992 § 625.030; Ord. No. 03-9345 § 2, 5-5-2003]
A license shall not be transferable
or assignable. When a massage business is sold or ownership or management
is transferred or the corporate legal organization status is substantially
changed, the license of the massage business shall be voided and a
new license obtained. Application for a new license shall be made
to the City Clerk in writing at least ninety (90) days prior to the
effective date of the sale, transfer or change in corporate status.
[R.O. 1992 § 625.040; Ord. No. 03-9345 § 2, 5-5-2003]
The City Clerk may cause a complaint
to be filed in Circuit Court of Franklin County, Missouri, against
any massage business which is alleged to be violating the provisions
of this Chapter for an injunction to restrain the massage business
from continuing such violation.
[R.O. 1992 § 625.050; Ord. No. 03-9345 § 2, 5-5-2003]
A person who does not hold a license
to practice massage therapy or a license to operate a massage business
shall not use the words "massage," "body work" or any of their synonyms
on any sign or in any other form of advertising.
[R.O. 1992 § 625.060; Ord. No. 03-9345 § 2, 5-5-2003]
A.
The provisions of this Chapter shall not
apply to the following individuals while engaged in the personal performance
of the duties of their respective professions:
1.
Physicians, surgeons, osteopaths,
chiropractors or physical therapists who are licensed by the State
of Missouri.
2.
Nurses who are licensed by the State
of Missouri.
3.
Barbers and beauticians who are licensed
by the State of Missouri, except that this exemption shall apply solely
for cosmetic or beautifying purposes.
4.
Athletic trainers for amateur, semiprofessional
or professional athletic operations.
5.
Hospitals or nursing homes.
[R.O. 1992 § 625.070; Ord. No. 03-9345 § 2, 5-5-2003]
No person shall be issued a license
as a massage therapist or to operate a massage business who does not
hold a valid, current license issued by the Board of Therapeutic Massage.
