Platte City, MO
Platte County
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Table of Contents
Table of Contents

Section 625.010 Definitions.

[Ord. No. 1825 §3, 5-25-2016[1]]
The following definitions apply to this Chapter of the City Code:
APPLICANT
An individual owner or responsible individual for a group or corporate ownership who applies for a business license to operate a therapeutic massage establishment.
EMPLOYEE
Any person who renders any service on the premises of a massage establishment, regardless of employment or contract status, and regardless of whether such services are provided for compensation.
MASSAGE ESTABLISHMENT
Any fixed location used as a place of business where any person or persons licensed by the State of Missouri to provide massage therapy engages in or carries out massage therapy.
MASSAGE THERAPIST
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 as defined in Chapter 329, RSMo.
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.
OFF-SITE MASSAGE
Any massage therapy performed or administered by a licensed massage therapist with or without compensation at a location other than that listed on the business license for such service issued by the City of Platte City.
[1]
Editor's Note: Section 4 of Ord. No. 1825 provided an effective date of 8-1-2016.

Section 625.020 Permits Required.

[Ord. No. 1825 §3, 5-25-2016]
A. 
Business License Required. No person shall operate a massage establishment as defined in this Code Chapter without first obtaining a business license from the City of Platte City. Business licenses for such establishments shall be subject to the following conditions:
1. 
Shall only be issued to an individual who provides a copy of a current massage business license issued by the State of Missouri in accordance with Section 324.250, RSMo.
2. 
Address for the location of the massage establishment must be within a zoning district which allows such activity.
3. 
Applicant must complete and sign a statement acknowledging responsibility for ensuring that all employees providing massage services shall be a licensed massage therapist or otherwises authorized to provide massage therapy in accordance with the conditions of Section 324.265, RSMo.
4. 
Massage services shall only be at massage establishments holding a valid State massage business license and valid City business license or at facilities exempt from the permit requirements in accordance with Section 625.030 of this Chapter.
5. 
Off Site massage of any kind is prohibited except when authorized under the Section 625.060, Special Events and Special Circumstances Section of this Code.

Section 625.025 Business License Non-Transferable.

[Ord. No. 1825 §3, 5-25-2016]
The business license for a massage establishment shall be non-transferable. Any change of ownership or responsible managing officer shall immediately void and terminate the business license. Any new applicant must submit a new application for a business license in accordance with the conditions of this Chapter.

Section 625.030 Exemptions.

[Ord. No. 1825 §3, 5-25-2016]
A. 
The requirements of this Chapter shall not apply to the following while engaged in the performance of their respective professions:
1. 
Medical health professionals licensed by the State of Missouri.
2. 
Hospitals, clinics and other health facilities licensed by the State.
3. 
Barbers and beauticians licensed by the State, except that this exemption shall apply solely to massaging the neck, face, scalp and hair of the patron for cosmetic or beautifying purposes.
4. 
Athletic trainers for amateur, semi-professional or professional athletic organizations.
5. 
State licensed massage therapists providing services under the supervision of a licensed medical professional or on the premises of a health facility licensed by the State.

Section 625.035 Permit Issuance or Denial.

[Ord. No. 1825 §3, 5-25-2016]
A. 
The City Clerk may deny such issuance under the following conditions:
1. 
The applicant or application is not in compliance with conditions established in Section 625.020.
2. 
The operation as proposed would not comply with applicable ordinances and laws, including zoning ordinance, building, health, safety and fire codes.
3. 
The applicant has previously had a massage establishment permit or similar license revoked by the City or any other public agency.

Section 625.040 Permits Displayed.

[Ord. No. 1825 §3, 5-25-2016]
The State of Missouri massage establishment business license, City business license and State of Missouri massage therapist license of each and every employee performing massage therapy on the premises shall be displayed in an open and conspicuous place on the premises.

Section 625.050 Responsible Managing Officer.

[Ord. No. 1825 §3, 5-25-2016]
The applicant shall be the responsible managing officer of the massage establishment and shall ensure the business remains in full compliance with the requirements of this Chapter and Chapter 324 of the Revised Statutes of Missouri. The responsible managing officer shall be held responsible for any violations of such code and statutes.

Section 625.060 Special Event and Special Circumstances Exemptions.

[Ord. No. 1825 §3, 5-25-2016]
A. 
Off Site massage shall not be permitted without a special use permit approved by the Board of Aldermen of the City of Platte City. Such permit shall be issued only to an individual or group who is a licensed massage therapist in the State of Missouri and who has a valid Missouri massage business license. If approved by the Board, a licensed massage therapist working at a massage establishment in Platte City shall not be charged a fee other than the standard special event permit fee. If a special event wishes to use a licensed massage therapist who is not working at a massage establishment in Platte City, a fee of fifty dollars ($50.00) shall apply in addition to any other special events fee.
B. 
Off site massage requests for special events involving alcohol shall not be considered unless the building in which the massage service is provided is separate and distinct from the building in which alcohol is served. A detached room or building sharing the same 911 address shall not be considered a separate building. The Board of Aldermen retains full discretion to deny such special events request for any reason.
C. 
Special Circumstance For Residential Off Site Massage. Off site massage shall not be allowed in any private residence except by a licensed massage therapist who is providing such service with the written direction and supervision of a licensed medical provider authorized to write a prescription for controlled substances in the State of Missouri. A licensed massage therapist who is working in a massage establishment with a City business license must be able to provide proof upon request of such written direction. A licensed massage therapist who is not working in a massage establishment with a City business license, must present proof of their Missouri professional license, their individual City business license and copy of written medical direction upon request of an authorized City Official or Law Enforcement Officer.

Section 625.070 Operating Conditions.

[Ord. No. 1825 §3, 5-25-2016]
A. 
Operating Hours. No massage establishment shall be open and no persons shall be on the premises except between the hours of 7:00 A.M. and 10:00 P.M.
B. 
No Alcohol Or Controlled Substance. No alcoholic beverages or controlled substances may be sold, served, furnished or consumed on the premises, except for those medications taken at the direction of a licensed health care provider authorized to prescribe controlled substances in the State of Missouri.
C. 
List Of Services Displayed. A list of all available services and a list of responsible officers shall be publicly displayed on the wall closest to the main entrance. No employee may provide, and the responsible officer shall not permit, any services other than those listed.
D. 
Sexual Activity Prohibited. Exposing the sexual or genital area of an employee or person receiving massage service is prohibited. No employee may touch the sexual or genital area of any other person nor may any employee perform massage therapy on a patron with the intent or purpose of arousing or gratifying the sexual desires of the patron. The responsible officer of the establishment shall not permit the occurrence of any sexual activity or other violation.
E. 
Adult Oriented Merchandise Prohibited. The use or possession of adult oriented merchandise in or on any part of the massage establishment is expressly prohibited. Condoms shall not be kept or used for any purpose in the massage establishment.
F. 
No audio or video recordings of any kind may be made or kept on the premises, except for security cameras which may only be used to record entrances to the facility or activity at the cash register.

Section 625.080 Penalty.

[Ord. No. 1825 §3, 5-25-2016]
A. 
Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished in accordance with Section 100.100 of the City Code.
B. 
Each day that a violation continues shall be deemed a separate offense.
C. 
In addition to the penalty described above, violation of the provisions of this Chapter may be punishable by revocation or suspension of any conditional use permit, business license or any other license issued by the City.