[R.O. 2006 §625.070; Code 1975 §58.020; CC 1985
§13-41]
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, the operation of a massage establishment
without first having obtained a business license from the City Clerk.
[R.O. 2006 §625.080; Code 1975 §§58.030, 58.040;
CC 1985 §13-42]
A.
The
application for a business license to operate a massage 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.
Business, occupation, or employment of the applicant for the three
(3) years immediately proceeding the date of application.
4.
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 therefor, and the business activity or occupation subsequent
to such action of suspension or revocation.
5.
Any criminal convictions, except minor traffic violations.
6.
Criminal background performed by Missouri Highway Patrol.
[Ord. No. 23.63, 8-17-2023]
B.
A non-refundable
filing fee of fifteen dollars ($15.00) shall accompany the application.
[R.O. 2006 §625.090; Code 1975 §58.070; CC 1985
§13-43; Ord. No. 23.63, 8-17-2023]
When an application is filed for a business license for a massage
establishment the Police Chief shall fix a time and place for a public
hearing when applicant may present evidence upon the question of his/her
application. Not less than ten (10) days before the date of such hearing,
the Police Chief shall cause to be posted a notice of such hearing
in a conspicuous place on the property in which or on which the proposed
massage establishment is to be operated. The applicant shall maintain
the notice as posted for a required number of days.
[R.O. 2006 §625.100; Code 1975 §58.080; CC 1985
§13-44; Ord. No. 23.63, 8-17-2023]
A.
The
City Clerk shall not issue a business license to a massage establishment
without the approval of the Police Chief.
B.
The
Police Chief shall approve the issuance of the license within fourteen
(14) days following a hearing if all requirements for a massage establishment
described in this Chapter are met unless he/she finds:
1.
The operation as proposed by the application if permitted will not
have complied with all applicable laws and ordinances.
2.
The applicant and any other person who will be directly engaged in
the management and operation of a massage establishment has been convicted
of:
a.
A felony; or
b.
Any offense involving sexual misconduct.
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The Police Chief may approve the issuance of a business license
to any person convicted of any of the above crimes if he/she finds
that such conviction occurred at least three (3) years prior to the
date of the application and the applicant has had no subsequent convictions.
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3.
The issuance is contrary to the public health, safety, and welfare.
[R.O. 2006 §625.110; Code 1975 §58.080; CC 1985
§13-45]
[R.O. 2006 §625.125; CC 1985 §13-46; Ord. No. 23.63, 8-17-2023]
A.
A massage
establishment business license may be revoked or suspended by the
Police Chief if:
1.
The licensee violates any of the provisions of this Chapter;
2.
The licensee is convicted of an offense enumerated in Section 625.100(B);
3.
A massage therapist working in the establishment is convicted of an offense enumerated in Section 625.100(B) and the licensee has actual or constructive knowledge of the violation or conviction; or
4.
Where the licensee or a person in his/her employ refuses to permit
any duly authorized City officer or employee to inspect the licensed
premises.
B.
Before
revoking or suspending a license the Police Chief shall give the licensee
at least ten (10) days' written notice of the charges against him/her
and an opportunity for a public hearing before the Police Chief, at
which hearing the licensee may present evidence on his/her own behalf.
All charges shall be specific and in writing.
[R.O. 2006 §625.130; Code 1975 §58.160; CC 1985
§13-47; Ord. No. 23.63, 8-17-2023]
No massage establishment business license shall be transferable
without the written consent of the Police Chief and the approval of
the Building Official; provided, however, that upon the death or incapacity
of the licensee the massage establishment may continue in business
for a reasonable period of time to allow for an orderly transfer of
the license.
