[R.O. 2008 § 610.010; 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.
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.
Any person who administers to another person, for any form
of consideration, massage.
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. 2008 § 610.020; 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. 2008 § 610.030; R.O. 2007
§ 610.030; CC 1978 § 610.030; Ord. No. 535 § 4, 6-15-1976]
A.Â
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:
1.Â
The two (2) previous addresses (if
any) within the three (3) years immediately prior to the present address
of applicant;
2.Â
Written proof that the individual
or partnership applicant is over the age of eighteen (18) years;
3.Â
Individual or partnership applicant's
height, weight, color eyes, hair and sex;
4.Â
Two (2) portrait photographs at least
two (2) inches by two (2) inches;
5.Â
Businesses, occupations, or employments
of the applicant for the three (3) years immediately preceding the
date of the application;
6.Â
The history of applicant in the operation
of a massage establishment, outcall massage service or similar business
or occupation;
7.Â
All criminal violations, other than
misdemeanor traffic violations, and lawful pardons or rehabilitative
activity related thereto;
8.Â
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;
9.Â
Such other identification and information
necessary to discover the truth of the matters hereinbefore specified
as required to be set forth in the application;
10.Â
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. 2008 § 610.040; 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. 2008 § 610.050; 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. 2008 § 610.060; R.O. 2007
§ 610.060; CC 1978 § 610.060; Ord. No. 535 § 7, 6-15-1976]
A.Â
The City Clerk shall issue said permit
if it is found that:
1.Â
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.
2.Â
The applicant, or if the 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. 2008 § 610.070; 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. 2008 § 610.080; 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 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. 2008 § 610.090; R.O. 2007
§ 610.090; CC 1978 § 610.090; Ord. No. 535 § 10, 6-15-1976]
A.Â
The operation of any massage establishment
shall be subject to the following regulations:
1.Â
Massage establishment shall be closed
and operations shall cease between the hours of 12:00 A.M. and 6:00
A.M. each day.
2.Â
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.
3.Â
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.
4.Â
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.
5.Â
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. 2008 § 610.100; 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. 2008 § 610.110; R.O. 2007
§ 610.110; CC 1978 § 610.110; Ord. No. 535 § 12, 6-15-1976]
The Chief of Police 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. 2008 § 610.120; 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.
