[R.O. 2007 §18-96; Ord. No. 4277 §1, 9-6-1977]
For the purpose of this Chapter, the following words and phrases
shall have the meaning respectively ascribed to them by this Section:
Any and all persons, other than the masseurs or masseuses,
who render any service to the permittee, who receive compensation
directly or indirectly from the permittee and who have no physical
contact with the customers and clients.
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 Missouri 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.
Any individual, co-partnership, firm, association, joint
stock company, corporation, limited liability company or combination
of individuals of whatever form or character or other legal entity.
Any school or institution of learning which has for its purpose
the teaching of the theory, method, profession or work of massage,
which school requires a resident course of study not less than seventy
(70) hours to be given in no more than three (3) calendar months before
the student shall be furnished with a diploma or certificate of graduation
from such school or institution of learning following the successful
completion of such course of study or learning and which school has
been recognized and approved by the government of the State of Missouri.
[R.O. 2007 §18-97; Ord. No. 4277 §2, 9-6-1977]
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 Poplar Bluff, Missouri, the operation
of a massage parlor or similar establishment, regardless of how it
is identified or what it is called, as herein defined, without first
having obtained a permit from the office of the City Clerk.
[R.O. 2007 §18-98; Ord. No. 4277 §3, 9-6-1977]
Every applicant for a permit to maintain, operate or conduct
a massage parlor or similar establishment shall file an application
with the office of the City Clerk and pay a filing fee of fifty dollars
($50.00) which shall not be refundable if the permit is issued.
[R.O. 2007 §18-99; Ord. No. 4277 §4, 9-6-1977]
A.
The
application for a permit to operate a massage parlor or similar establishment
shall set forth the exact nature of the massage to be administered,
the proposed place of business and facilities therein and the name
and address of each applicant. In addition to the foregoing, each
applicant for a permit shall furnish the following information:
1.
Written proof that the applicant is at least eighteen (18) years
of age.
2.
Two (2) portrait photographs at least two (2) inches by two (2) inches
and fingerprints.
3.
A copy of the applicant's Missouri license to operate a massage business.
4.
Business, occupation or employment of the applicant for the three
(3) years immediately preceding the date of application.
5.
The massage or similar business license history of the applicant;
whether such person, in previously operating in this or another City
or State under license, has had such license revoked or suspended,
the reason therefore, the business activity or occupation subsequent
to such action of suspension or revocation.
6.
Any criminal convictions, except minor traffic violations.
The City Clerk of Poplar Bluff, Missouri, may issue a permit
for a massage establishment within fourteen (14) days following the
receipt of application for a massage establishment permit if all requirements
for a massage establishment described in this Chapter are met and
a license fee in the amount of three hundred dollars ($300.00) per
year, beginning July first (1st) each year, is paid to the City Clerk
for a massage establishment.
[R.O. 2007 §18-107; Ord. No. 4277 §12, 9-6-1977]
A.
No
permit to conduct a massage parlor or similar establishment shall
be issued unless an inspection by the Chief of Police or his/her authorized
representative reveals that the establishment complies with each of
the following minimum requirements:
1.
Construction of rooms used for toilets, tubs, steambaths and showers
shall be waterproof with approved waterproof materials.
2.
Toilet facilities shall be provided in convenient locations. When
five (5) or more employees and patrons of different sexes are on the
premises at the same time, separate toilet facilities shall be provided;
a single water closet per sex shall be provided for each twenty (20)
or more employees or patrons of that sex on the premises at any one
time. Urinals may be substituted for water closets after one (1) water
closet has been provided. Toilets shall be designated as to the sex
accommodated therein.
3.
Lavatories or wash basins provided with both hot and cold running
water shall be installed in either the toilet room or a vestibule.
Lavatories or wash basins shall be provided with soap in a dispenser
and with sanitary towels.
B.
The
Chief of Police shall certify to the City Clerk that the proposed
massage establishment complies with all of the requirements of this
Section of the Chapter.
[R.O. 2007 §18-108; Ord. No. 4277 §13, 9-6-1977]
A.
Every
portion of a massage establishment, including appliances, apparatus
and personnel, shall be kept clean and operated in a sanitary condition.
B.
All
employees shall be clean and wear clean outer garments. Provisions
for a separate dressing room for each sex must be available on the
premises.
C.
All
massage therapists must possess a current Missouri massage therapy
license.
D.
The
private parts of patrons must be covered by towels, cloths or undergarments
when in the presence of an employee, masseur or masseuse. Any contact
with a patron's genital area is strictly prohibited.
E.
All
massage establishments shall be provided with clean, laundered sheets
and towels in sufficient quantity and shall be laundered after each
use thereof and stored in a sanitary manner.
F.
Wet
and dry heat rooms, shower compartments and toilet rooms shall be
thoroughly cleaned each day the business is in operation. Bathtubs
shall be thoroughly cleaned after each use.
G.
Advertising. No massage establishment granted a permit under
provisions of this Chapter shall place, publish or distribute or cause
to be placed, published or distributed any advertising matter that
depicts any portion of the human body that would reasonably suggest
prospective patrons that any service is available other than those
services as described in this Section of this Chapter, nor shall any
massage establishment indicate in the text of such advertising that
any service is available other than those services defined as a "massage" in Section 630.010 hereof.
H.
All
services defined as a "massage" herein must be carried
on in one (1) cubicle, room, booth or area within the massage establishment.
No service defined as a "massage" herein may be carried
on in any other cubicle, room, booth or area except where such cubicle,
room, booth or area has transparent doors or walls, such that all
activity within the cubicle, room, booth or area is visible from outside
the same.
[R.O. 2007 §18-111; Ord. No. 4277 §16, 9-6-1977]
No permit shall be transferable except with the written consent
of the City Clerk; provided however, that upon the death or incapacity
of the permittee, the massage establishment may continue in business
for a reasonable period of time to allow for an orderly transfer of
permit.
[R.O. 2007 §18-113; Ord. No. 4277 §18, 9-6-1977]
This Chapter shall not apply to hospitals, nursing homes, sanitariums
or persons holding an unrevoked certificate to practice the healing
arts under the laws of the State of Missouri or to persons working
under the direction of any such persons or in any such establishments.
