[R.O. 2008 §15-111; Ord. No. 2272 §1, 4-26-2004; Ord. No. 4074 §1, 4-9-2007]
A.
Massage Therapist. It shall be unlawful for any person to
engage in the practice of massage therapy within the City without
having first obtained a massage therapist license from the State.
It shall be unlawful for any person to engage in the practice of massage
therapy at any business within the City without having first obtained
a City massage therapist permit. Persons performing outcall massage
therapy within the City must obtain a massage therapist permit if
they are performing work on behalf of a massage business located within
the City or if said person resides within the City and operates a
home business providing outcall massage therapy.
B.
Massage Business. It shall be unlawful for any business
to allow the practice or performance of massage therapy on its premises
within the City or to engage in massage therapy within the City, including
outcall massage therapy, without first having obtained a massage business
license from the State and a massage business permit from the City.
C.
Additional Services. Any business that provides massage
therapy services in addition to other services shall obtain a massage
business permit in addition to the standard business license required
by the City. Any such businesses that provide for contracted massage
therapy services shall also be required to obtain a massage business
permit.
D.
Home Businesses. Any person who operates a home business located within the City that involves providing outcall massage therapy is required to comply with the provisions for a home business as prescribed in Section 405.450 of this Code.
E.
Authorized Home Business. Providing massage therapy services
within the home of the person operating said business is not an authorized
home business.
F.
Exemptions. Any persons exempt from having to obtain a
massage therapist or massage business license under the laws of the
State shall also be exempt from having to obtain a massage therapy
or massage business permit under City law.
G.
(Reserved)
H.
Permit Period. The permit period for an initial or renewal
permit shall be twenty-four (24) months.
[R.O. 2008 §15-112; Ord. No. 2272 §1, 4-26-2004]
A.
The
application packet for an initial or a renewal massage therapist or
massage business permit shall be on forms prescribed by the City.
B.
Every
initial application or renewal application for a massage therapist
or massage business permit shall be made in writing, under oath.
C.
The
application packet shall include an informational checklist, a copy
of this Chapter and the appropriate application(s) for massage therapist
or massage business permit(s).
D.
The
completed forms shall contain information sufficient to verify the
qualifications of the application for a permit or a renewal permit.
E.
If
the massage business applicant is an individual or sole proprietor
or a partnership, corporation or other legal entity, the applicant
shall provide the full name, address and other information required
from applicants relating to each individual involved in the ownership
or management of the business.
F.
If
a massage business applicant also intends to perform massage therapy
personally, then such applicant shall be required to obtain a massage
therapist permit in addition to the massage business permit.
[R.O. 2008 §15-113; Ord. No. 2272 §1, 4-26-2004]
A.
Application Packets. The application packet shall be obtained
from the office of the Chief of Police. Upon completion, the application
packet must be returned to the office of the Chief of Police.
B.
Disclosure — Attachments. An applicant for any initial
permit provided for in this Chapter shall completely disclose all
information required by the application and such application shall
contain the required attachments in order to be considered complete.
Attachments shall include:
1.
Two (2) recent facial photographs of the applicant that meet the
requirements for U.S. passport applications.
2.
Official document showing proof of age. (Massage therapists must
be eighteen (18) years of age and massage business operators must
be twenty-one (21) years of age.)
3.
Two (2) "applicant fingerprint cards" provided and processed by the
Police Department.
4.
A complete criminal history check conducted through the Missouri
State Highway Patrol. When an applicant has been convicted of any
crime other than minor traffic violations, a statement must be made
giving the place and court in which the conviction was obtained and
the sentence imposed as a result of such conviction.
5.
An annual fee of three hundred dollars ($300.00) for each massage
business permit and/or one hundred fifty dollars ($150.00) for each
massage therapist permit for the permit period of January first (1)
through December thirty-first (31st) or any portion thereof. Fees
for permits required by this Chapter shall not be refundable if for
any reason a permit is not issued or if the permittee shall cease
operations before the end of the period for which the permit was issued.
Permit fees are not prorated for any unused portion of the permit
period.
6.
A copy of a valid license identifying the applicant as a massage
business and/or massage therapist (as applicable) licensed in the
State shall be provided, together with a copy of all documents submitted
in application for said license(s).
C.
Renewal Applications. Applications for a renewal of permits
issued under this Chapter may be submitted at any time up to thirty
(30) days prior to the date of expiration, along with the applicable
fee.
1.
Renewal permits for massage businesses require an inspection of the
premises conducted by the Community Development Department and Police
Department.
2.
Renewal applications must be accompanied by an updated criminal history
check.
3.
Renewal applications must be accompanied by documentation that the
applicant's required State license remains in effect.
D.
Transfer Of Permit. No massage therapist or massage business
permit shall be transferable.
[R.O. 2008 §15-114; Ord. No. 2272 §1, 4-26-2004]
A.
Investigation Of Applicants. Upon receipt of a completed
massage business and/or massage therapist application packet(s), the
Chief of Police shall direct an investigation of the validity of the
statements and the facts contained therein. Any person who has failed
to submit an application or has submitted an incomplete application
packet shall not be entitled to consideration until such time that
the application packet is complete. Submittal of an inaccurate application
shall be grounds for the Chief of Police to refuse to recommend the
issuance of a permit.
B.
Findings. The Chief of Police shall make a favorable recommendation
for a massage therapist permit or massage business permit, unless
the Chief finds:
1.
The applicant and/or any other person who will be directly engaged
in the management and/or operation of the massage business or the
providing of massage therapy services:
a.
Has been convicted of a felony;
b.
Has been convicted of an offense involving sexual misconduct with
children;
c.
Has been convicted of an obscenity offense, solicitation of a lewd
or unlawful act, prostitution or pandering;
d.
Has no valid State license or otherwise fails to meet the requirements
of this Chapter.
C.
Massage Therapist Permit Process.
1.
The Chief of Police shall within fourteen (14) days of receipt of
a complete application submit to the Finance Director a recommendation
to approve or deny the issuance of a massage therapist permit to any
person who applies for a permit to perform massage therapy services.
2.
Based on the favorable recommendation of the Chief of Police, the
Finance Director shall issue said permit as soon as practical, unless
the massage therapist applicant has also applied for a massage business
permit, in which case the permit shall be held until issuance of the
massage business permit (or withdrawal of the application).
D.
Massage Business Permit Process.
1.
The Chief of Police shall within fourteen (14) days of receipt of
a complete application submit a recommendation to the Finance Director
to approve or deny the issuance of a massage business permit to any
person who applies for a permit to operate a massage business.
2.
A representative of the Community Development Department and a representative
of the Police Department shall, as soon as practical and no later
than fourteen (14) days after submission of a favorable recommendation
by the Chief of Police, conduct an inspection of the premises of the
proposed massage business to determine compliance with the provisions
of this Chapter.
3.
Upon completion of the inspection, the designated representative
of the Community Development Department shall submit a recommendation
to the Finance Director to approve or deny the issuance of a massage
business permit based upon an assessment of the compliance of the
premises with this Chapter. The applicant shall be given a reasonable
time to cure any deficiencies before a negative recommendation is
issued.
4.
Upon the favorable recommendations by the Chief of Police and the
Director of the Community Development Department, the Finance Director
shall issue the permit.
E.
Renewal Process. Once the applicant has successfully satisfied
the requirements regarding a renewal application, the Chief of Police
and, if applicable, the Community Development Department shall provide
to the Finance Director a recommendation to approve or deny permit
renewal within seven (7) days and upon receipt of favorable recommendation(s)
the Finance Director shall issue the permit.
[R.O. 2008 §15-115; Ord. No. 2272 §1, 4-26-2004]
A.
Massage Business Permit/Fee Schedule. Every person to whom
or for which a massage business permit has been granted under this
Chapter shall display their State license and such permit and a fee
schedule in a conspicuous place so that the same may readily be seen
by persons entering the premises of the massage business.
B.
Massage Therapist Permit. Every person to whom a massage
therapist permit has been granted under this Chapter shall display
their State license and such permit in a conspicuous place so that
the same may readily be seen by persons entering the premises of the
massage business. Every person performing outcall massage therapy
shall have in their possession their State license and any applicable
City permit to show the customer upon request.
C.
Massage Therapist Identification Badge. Every person to
whom a massage therapist permit has been granted under this Chapter
shall also be issued an identification badge that corresponds to the
massage therapist permit.
D.
Student License. Student licenses shall be displayed within
the school in a conspicuous place with a photograph of the student
that has been taken within the last two (2) years.
