[R.O. 2006 §625.010; Code 1975 §58.010; CC 1985
§13-1; Ord. No. 89.23 §1, 10-5-1989]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
EMPLOYEE
Any and all persons, other than the massage therapists, who
render any service to the permittee, who received compensation directly
from the permittee, and who have no physical contact with the customers
or clients.
[Ord. No. 23.63, 8-17-2023]
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business where
any person, firm, association or corporation engages in or carries
on or permits to be engaged in or carried on any of the activities
mentioned in this Chapter.
MASSAGE THERAPIST
Any person licensed by the State of Missouri as a massage
therapist who, for any consideration whatsoever, engages in the practice
of massage.
[Ord. No. 23.63, 8-17-2023]
RECOGNIZED SCHOOL
Any school or educational institution licensed to do business
as a school or educational institution and which is accredited by
the American Massage and Therapy Association, Inc., and 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 three (3) 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 of learning.
[R.O. 2006 §625.020; Code 1975 §58.190; CC 1985
§13-2; Ord. No. 89.23 §1, 10-5-1989]
This Chapter shall not apply to physical therapists or athletic
trainers regulated under Chapter 334, RSMo., Missouri State licensed
massage therapists and those professions who perform duties with licensed
massage therapists as regulated by Chapter 324, RSMo., hospitals,
nursing homes, sanitariums, or persons holding an unrevoked certificate
to practice their healing arts under State law, or to persons working
under the direction of any such persons or in any such establishments.
[R.O. 2006 §625.030; Code 1975 §58.200; CC 1985
§13-3; Ord. No. 23.63, 8-17-2023]
The Police Chief or the Building Official or their designee
may, after a public hearing, make and enforce reasonable rules and
regulations not in conflict with, but to carry out, the intent of
this Chapter.
[R.O. 2006 §625.040; Code 1975 §58.150; CC 1985
§13-4; Ord. No. 23.63, 8-17-2023]
The Police Chief or the Building Official or their designee
shall from time to time and at least once a year make an inspection
of each massage establishment in the City for the purposes of determining
that the provisions of this Chapter are complied with. Such inspections
shall be made at reasonable times and in a reasonable manner. It shall
be unlawful for any permittee to fail to allow such inspection officer
access to the premises or to hinder such officer in any manner.
[R.O. 2006 §625.050; Code 1975 §58.120; CC 1985
§13-5; Ord. No. 23.63, 8-17-2023]
A. No
license to operate a massage establishment shall be issued unless
an inspection by the building official reveals that the establishment
complies with each of the following minimum requirements:
1. Construction of rooms for toilets, tubs, steam baths and
showers. Construction of rooms used for toilets, tubs, steam
baths and showers shall be made waterproof with approved waterproofed
materials and shall be installed in accordance with the City Plumbing
Code:
a. Steam rooms and shower compartments shall have waterproof floors,
walls and ceilings and shall be provided with ventilation/exhaust
as per the adopted International Mechanical Code.
b. Floors of wet and dry heat rooms shall be adequately pitched to one
(1) or more floor drains properly connected to the sewer. Dry heat
rooms with wooden floors need not be provided with pitched floors
and floor drains.
c. A source of hot water must be available within the immediate vicinity
of dry and wet heat rooms to facilitate cleaning.
2. Disinfecting and sterilizing equipment. The premises
shall have adequate equipment for disinfecting and sterilizing non-disposable
instruments and materials used in administering massages. Such non-disposable
instruments and materials shall be disinfected after use on each patron.
3. Closed storage areas. Closed cabinets shall be provided
and used for the storage of clean linen, towels and other materials
used in connection with administering massages. All soiled linens,
towels and other materials shall be kept in properly covered containers
or cabinets, which containers or cabinets shall be kept separate from
the clean storage areas.
4. Toilet facilities. Toilet facilities shall be provided
in convenient locations. When employees and patrons of different sexes
are on the premises at the same time separate toilet facilities shall
be provided for each sex. A single water closet per sex shall be provided
when the total occupant load for the establishment exceeds fifteen
(15) occupants, as per the adopted International Plumbing Code.
5. Lavatories or washbasins. Lavatories or washbasins
provided with both hot and cold running water shall be installed in
either the toilet room or a vestibule. Lavatories or washbasins shall
be provided with soap and a dispenser and with sanitary towels.
6. Electrical equipment. All electrical equipment shall
be installed in accordance with the requirements of the National Electrical
Code.
The Building Official or his/her designee shall certify whether
a proposed massage establishment complies with this Section and shall
forward such certification to the Police Chief.
|
[R.O. 2006 §625.060; Code 1975 §58.130; CC 1985
§13-6]
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 whose use is
restricted to the massage establishment. Provisions for a separate
dressing room for each sex must be available on the premises with
individual lockers for each employee. Doors to such dressing rooms
shall open inward and shall be self-closing.
C. All
employees must be modestly attired.
[Ord. No. 23.63, 8-17-2023]
D. Towels,
cloths, or undergarments must cover the private parts of patrons,
when in the presence of an employee. Any contact with a patron's genital
area is prohibited.
[Ord. No. 23.63, 8-17-2023]
E. All
massage establishments shall be provided with clean, laundered sheets
and towels in sufficient quantity and the sheets and towels shall
be laundered after each use thereof and stored in approved, 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
to prospective patrons that any service is available other than massage
services, nor shall any massage establishment indicate in the text
of such advertising that any service is available other than massage
services.
H. All
massage services must be carried on in one (1) cubicle, room, booth,
or area within the massage establishment. No massage service shall
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.
I. The
facility shall be closed and operations shall cease between the hours
of 12:00 Midnight and 6:00 A.M. each day.
[Ord. No. 23.63, 8-17-2023]