[R.O. 2007 §610.010; CC 1978 §610.010; Ord. No. 535 §2, 6-15-1976]
Certain terms referred to in this Chapter are defined as follows:
- Any person, other than a masseur or masseuse, who renders any service to the permittee, who receives compensation or any consideration, and who has no physical contact with the permittee's customers or clients.
- MASSAGE ESTABLISHMENT
- Any establishment having a fixed place of business, wherein massage is given, engaged in or carried on, or permitted to be given, engaged in, or carried on, for any form of consideration. It may include, but is not limited to massage parlors or reading rooms.
- MASSEUR OF MASSEUSE
- Any person who administers to another person, for any form of consideration, massage.
- OUTCALL MASSAGE SERVICE
- Any business not licensed as a massage establishment under the provisions of this Chapter wherein massage is given, engaged in or carried on, or permitted to be given, engaged in, or carried on, for any form of consideration, not at a fixed location but at a location designated by the masseur or masseuse, customer or client.
- Any person receiving a permit to operate a massage establishment or outcall massage service under the provisions of this Chapter.
- Any individual, copartnership, firm, association, company, corporation, or combination of individuals of whatever form or character.
[R.O. 2007 §610.020; CC 1978 §610.020; Ord. No. 535 §3, 6-15-1976]
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 O'Fallon, the operation of a massage establishment or an out-call massage service as herein defined without first having obtained a permit duly issued by the City Clerk as set forth herein.
[R.O. 2007 §610.030; CC 1978 §610.030; Ord. No. 535 §4, 6-15-1976]
An application for a permit to engage in the business of a massage establishment or outcall massage service shall be obtained from the City Clerk and shall contain the following information:
The two (2) previous addresses (if any) within the three (3) years immediately prior to the present address of applicant;
Written proof that the individual or partnership applicant is over the age of eighteen (18) years;
Individual or partnership applicant's height, weight, color eyes, hair and sex;
Two (2) portrait photographs at least two (2) inches by two (2) inches;
Businesses, occupations, or employments of the applicant for the three (3) years immediately preceding the date of the application;
The history of applicant in the operation of a massage establishment, outcall massage service or similar business or occupation;
All criminal violations, other than misdemeanor traffic violations, and lawful pardons or rehabilitative activity related thereto;
The name and address of each masseur, masseuse, or employee who is or will be employed in said establishment or service or work as an independent contractor therein, the terms and conditions of such employment or contract, and the background of all employees including their height, weight, age, education and police record if any;
Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application;
If the applicant is a corporation, the names and residence of each of the officers and directors of said corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation.
[R.O. 2007 §610.040; CC 1978 §610.040; Ord. No. 535 §5, 6-15-1976]
All applications for a massage establishment or outcall massage service permit, shall be accompanied by an investigation fee of two hundred fifty dollars ($250.00), no part of which shall be refundable.
[R.O. 2007 §610.050; CC 1978 §610.050; Ord. No. 535 §6, 6-15-1976]
Upon the receipt of said application, the City Clerk shall refer the application to the Police Department which shall within thirty (30) days from the date of said application review records or make an inspection of the premises proposed to be used as a massage establishment and shall make a written recommendation to the City Clerk concerning compliance with the respective requirements.
[R.O. 2007 §610.060; CC 1978 §610.060; Ord. No. 535 §7, 6-15-1976]
The City Clerk shall issue said permit if it is found:
That the operation, as proposed by applicant, complies or would comply with all applicable laws and ordinances, including but not limited to, the City's Building Code, zoning laws and health regulations.
That applicant, or if applicant is a corporation, the officers, directors and stockholders and employees as stated herein, be of good moral character.
Otherwise, said permit shall be denied. In the event of denial, notification and reasons for denial shall be set forth in writing and shall be sent to the applicant by means of certified mail or hand delivery. An appeal may be taken by any aggrieved party under the provisions of Chapter 536, RSMo., as amended.
[R.O. 2007 §610.070; CC 1978 §610.070; Ord. No. 535 §8, 6-15-1976]
The permittee shall display the massage establishment or outcall massage service permit issued in an open and conspicuous location on the premises or in the principal place of business. The permittee shall maintain a written listing of all masseurs, masseuses or employees, whether employed by him or her or as independent contractors. Such written list shall be available for inspection during regular business hours. The permittee shall display licenses of all employees in a prominent place in the establishment. The permittee shall keep a bound log of the name, address, date, time and service performed on each customer, and said log shall be available for inspection by the Chief of Police.
[R.O. 2007 §610.080; CC 1978 §610.080; Ord. No. 535 §9, 6-15-1976]
Any massage establishment's or outcall massage services permit issued under this Chapter shall be subject to suspension for up to ninety (90) days or revocation by the City Clerk for violation of any provision of this Chapter or for any grounds that should warrant the denial of the issuance of such permit in the first (1st) instance. The permittee shall be entitled to a hearing before the City Clerk prior to the suspension or revocation of any permit under this Chapter. At such hearing evidence will be received for the purpose of determining whether or not such permit shall be suspended or revoked or whether the permit may be retained.
[R.O. 2007 §610.090; CC 1978 §610.090; Ord. No. 535 §10, 6-15-1976]
The operation of any massage establishment shall be subject to the following regulations:
Massage establishment shall be closed and operations shall cease between the hours of 12:00 A.M. and 6:00 A.M. each day.
In any massage shop it shall be unlawful for customers of opposite sex to receive treatment in the same room or the same quarters at the same time.
No service shall be given in any massage shop which is clearly dangerous or harmful in the opinion of the Chief of Police to the safety or health of such person, and after such notice in writing to the licensee from such Officer.
No alcoholic beverages, nor the consumption thereof, shall be allowed, permitted or suffered to be done in or upon any premises licensed under the provisions of this Chapter.
All operators licensed under the provisions of this Chapter shall at all times be responsible for the conduct of his/her or any of his/her employees which constitutes a violation of the provisions of this Chapter. Any violation of the City, State or Federal laws committed on the licensed premises by any such licensee or employee affecting the eligibility or suitability of such person to hold a license or permit may be grounds for suspension or revocation of same.
[R.O. 2007 §610.100; CC 1978 §610.100; Ord. No. 535 §11, 6-15-1976]
All business or activity provided for under this Chapter shall be conducted and performed on the respective premises; provided, however that massage shop licensees or employees, at the direction of a duly licensed physician, may perform their services in behalf of a physically incapacitated patient in such patient's home, residence or other designated place, or such licensee or employee may render such treatment to persons who are bedfast or are so physically incapacitated that it is impractical to provide same to such persons at a licensed location, and provided further that all such services so rendered shall have received the prior approval of the City License Inspector.
[R.O. 2007 §610.110; CC 1978 §610.110; Ord. No. 535 §12, 6-15-1976]
The City Marshal and O'Fallon Police are hereby authorized to enter and inspect any massage shop at any reasonable time to ascertain whether the provisions of this Chapter, any other City ordinance, or State law, are being violated.
[R.O. 2007 §610.120; CC 1978 §610.120; Ord. No. 535 §13, 6-15-1976]
The provisions of this Chapter shall not apply to massage therapy businesses or massage therapists licensed by the State of Missouri, hospitals, nursing homes, sanitarium, persons holding an unrevoked certificate of entitlement to practice the healing arts under the laws of the State of Missouri, barbers and beauticians duly licensed by the State of Missouri, athletic trainers, or persons working under the direction and control of such persons or in any such establishments.