[Ord. No.
5026, 8-2-2021[1]]
A shoulder, neck, and upper back chair massage taking place
in an office separate from the massage facility.
An establishment where any person performs massage or permits massage therapy to be performed for compensation. The operator of a massage business or facility must obtain a massage facility business license pursuant to Section 620.030.
A person who has completed all requirements of this Chapter
for a massage therapist permit in order to practice massage within
the City. Upon receipt of a massage therapist permit from the City
of Blue Springs, a massage therapist may perform massage for compensation,
but only at a licensed massage facility, in-office chair massage,
or mobile massage.
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 patron,
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.
Performing massage for compensation at a patron's private
home, a hotel room, or such other facility.
A business, licensed as a business pursuant to this Chapter.
Any person who receives massage subject to the provisions
of this Chapter under circumstances wherein it is reasonably expected
that the patron will pay money or give any other consideration therefor.
[Ord. No. 5026, 8-2-2021]
A.
It shall be unlawful for any person to perform massage for compensation
within the City of Blue Springs without first obtaining a massage
therapist permit, pursuant to this Chapter. A complete application
shall be submitted to the Community Development Department.
B.
An applicant for a massage therapist permit must furnish the Community
Development Department with a valid photo identification issued by
an agency of either the State of Missouri or the United States of
America, and an original or certified copy of the massage therapy
certificate/license issued to the applicant by the Missouri Department
of Economic Development, Division of Professional Registration, Missouri
State Board of Therapeutic Massage, and the full license fee.
C.
The Community Development Department or the Police Department may
obtain confirmation from the Missouri Department of Economic Development,
Division of Professional Registration, Missouri State Board of Therapeutic
Massage that the certificate/license presented by the applicant is
not under suspension or revocation and remains in good standing.
D.
The massage therapist permit shall be displayed at all times by the
licensee openly and conspicuously on the premises of the massage facility
where the massage is performed. All massage shall be performed in
the licensed massage facility, except in-office and mobile massage
as defined and regulated by the Community Development Department.
E.
Practitioners who are exempt from the provisions of the Missouri
Massage Therapy licensing law, Section 324.240, RSMo., et seq., shall
not be required to obtain a massage therapist permit under the provisions
of this Section.
[Ord. No. 5026, 8-2-2021]
A.
It shall be unlawful for any person, firm, partnership, association, or corporation to operate or maintain a massage facility in the City of Blue Springs without first obtaining a massage facility business license pursuant to this Section. A complete application shall be submitted to the Community Development Department. The massage facility business license shall be in addition to any other business license, including any massage therapist permit, required by Section 620.020 of the owner or operator of the massage facility.
B.
An applicant for a massage facility business license must furnish
the Community Development Department with the original massage business
license issued to the applicant by the Missouri Department of Economic
Development, Division of Professional Registration, Missouri State
Board of Therapeutic Massage and a fee as set forth for each massage
facility.
C.
An applicant for a massage facility business license must furnish the Community Development Department with the names and addresses of each massage therapist providing massage therapy at or on behalf of the business or facility, and proof that each such massage therapist has a valid massage therapist permit as required in Section 620.020.
D.
The Community Development Department or the Police Department may
obtain confirmation from the Missouri Department of Economic Development,
Division of Professional Registration, Missouri State Board of Therapeutic
Massage that the massage business license presented by the applicant
is not under suspension or revocation and remains in good standing.
Approval by the Community Development Department of a massage facility
business license shall also be contingent on the following:
1.
The massage facility must be located in an appropriate zoning
district, as provided in the Unified Development Code.
2.
Location In Hotel Or Motel. The massage facility may be located
in a hotel or motel only in a space specifically designated and dedicated
for that purpose by responsible and identifiable hotel or motel management.
The space so designated and dedicated shall be used solely for massage
services and for no other purpose at any time.
E.
The holder of a massage facility business license may hire or contract
with massage therapists holding valid massage therapist permits from
the City of Blue Springs to perform massage at the facility, mobile,
or in-office for compensation. Massage facility business licensees
are at all times responsible for any act or conduct in violation of
this Chapter of any massage therapist on the massage facility premises.
Nothing contained in this Chapter shall be construed to eliminate
other requirements of Statute, regulation or ordinance concerning
the maintenance of such premises, nor preclude authorized inspection
thereof.
[Ord. No. 5026, 8-2-2021]
A.
Massage facility business licenses and massage therapist permits
are not transferable and such authority as a license confers shall
be conferred only on the facility or person identified therein.
B.
A license or permit issued under this Chapter may be amended to authorize the same person or business at a different location. Such amendments shall be subject to the provisions and fees in Section 605.120 of this Code.
C.
Fees paid and licenses obtained pursuant to this Chapter shall be
in addition to and not in lieu of any other fees or licenses required
to be paid or obtained pursuant to this Code or any other ordinances
of this City.
[Ord. No. 5026, 8-2-2021]
A.
The Blue Springs Police Department may from time to time without
notice inspect a licensed massage facility to determine compliance
with any provisions of this Chapter.
B.
It shall be unlawful for any person holding a massage facility business
license, a massage therapist permit or an employee of such licensee
to refuse such inspection officer immediate access to the premises
or to hinder such officer in any manner; such refusal or hindrance
on the part of any license holder or employee shall be grounds for
the immediate revocation or suspension of any relevant massage therapist
permit or massage facility business license.
[Ord. No. 5026, 8-2-2021]
A.
The Community Development Department may suspend or revoke a massage
therapist permit or massage facility business license when it finds
that:
B.
The procedure for suspension or revocation shall be as provided in Chapters 140 and 605 of this Code, but the Director of Community Development may temporarily suspend a massage therapist permit or massage facility business license without notice if they believe a failure to do so would impair public health, safety or welfare. The holder of a massage therapist permit or massage facility business license that has been temporarily suspended without notice shall have the right to appeal the decision as provided in Section 140.030.
C.
A massage therapist whose massage therapist permit is suspended or
revoked shall immediately surrender the permit to the Community Development
Department.
[Ord. No. 5026, 8-2-2021]
A.
No person shall permit any person under the age of eighteen (18)
years to come or remain on the premises of a massage facility as a
massage therapist or employee of a massage therapist or massage facility.
B.
A person under the age of eighteen (18) years may be a patron of
a massage therapist only if, while at all times as a patron, the person
possesses written, signed consent of a custodial parent or legal guardian.
[Ord. No. 5026, 8-2-2021]
Any person, firm, partnership, association, or corporation convicted of violating any of the provisions of this Chapter shall be deemed guilty of a public offense and subject to the general penalty provisions of Section 100.080 of this Code.
