[Ord. No. 2757 §1(200.010), 2-19-2002]
This Chapter will be known as the "Massage Establishment Code" and may be cited as such.
[Ord. No. 2757 §1(200.020), 2-19-2002]
A.
The intent of this Chapter is to regulate massage establishments and massage therapists in order to protect and promote the public health, safety and welfare. This will be accomplished by:
1.
Providing standards for education and training of massage therapists.
2.
Requiring a clean, healthy and safe environment in which massage therapists operate.
3.
Promoting professionalism and prohibiting illegal acts.
4.
Requiring insurance coverage.
5.
Recognizing massage as a legitimate medical therapy and promoting public confidence therein.
6.
Limiting massage techniques offered to the public for valuable consideration to those dealing with preventative health care, health maintenance and rehabilitation.
[Ord. No. 2757 §1(200.030), 2-19-2002]
Every massage establishment and/or massage therapist shall conform to the requirements of this Chapter, irrespective of when such massage establishment and/or massage therapist started practicing within the City limits.
[Ord. No. 2757 §1(200.040), 2-19-2002]
In any case where a provision of this Chapter is found to be in conflict with a provision of any other ordinance or other legislation of the City existing on the effective date of this Chapter, the provision which establishes the higher standard for the promotion and protection of the safety and health of the people shall prevail. If any part of this Chapter should be declared invalid for any reason, such decisions shall not affect the remaining portions of this Chapter.
[Ord. No. 2757 §1(200.050), 2-19-2002]
For the purpose of this Chapter, the following words and phrases shall have the following interpretation and/or meanings.
Refers to any person, other than the massage therapist, who renders any service to a permittee under this Chapter, who receives compensation from the permittee or patron.
Any establishment having a place of business where any person, firm, partnership, association or corporation engages in or carries on or permits to be engaged in or carried on any of the activities mentioned herein for compensation. This definition excludes chiropractors, physical therapists and sports therapists.
Any person who offers to any person the service of massage or massage therapy for compensation.
A scientific health care, health maintenance and rehabilitation technique carried out by a highly trained professional which involves a skillful massaging and kneading of human skin, muscles and tissues causing relaxation, stimulation and easing of mental and physical tension, alleviation of aches, pains and muscle spasms, the breaking up of fatty tissues, the improvement of circulation through the body, the body to restore itself to a more comfortable feeling, the body to rehabilitate itself from any disease or malfunction, the reduction of strain on the heart and the reduction of body fluids in the legs and arms. Massage therapy shall also mean any method of pressure or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the eternal soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aides as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used in this practice.
Any person who utilizes or receives the services of any establishment subject to the provisions of this Chapter and under such circumstances that it is reasonably effected that he/she will pay money or give any other consideration therefor.
[Ord. No. 2757 §1(200.060), 2-19-2002]
A.
No person, firm, partnership, association or corporation shall operate a massage establishment without first having obtained a business license issued by the City of Harrisonville. It is unlawful to conduct such a business unless the license issued is current, unrevoked and not suspended.
B.
It shall be further unlawful for any person, organization or company within the City limits to participate directly or indirectly in or for the operation of business activity under a different name or designation than those herein specified but for the purpose of carrying out activity or activities defined in this Section.
[Ord. No. 2757 §1(200.070), 2-19-2002]
A.
Massage Therapist. The following is required of any applicant for a massage therapist's license.
1.
Applicant must be eighteen (18) years of age or older, verified by a birth certificate or driver's license.
2.
Applicant must completely and truthfully fill out the massage therapist license application. Any omissions and/or errors may disqualify the applicant.
3.
Applicant must give authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.
4.
The applicant must provide the City with documentation that he/she has and maintains in full force and effect, during the license period, a policy of liability and malpractice insurance issued by an insurance company licensed to do business in the State of Missouri covering death, personal injury and property damage in the minimum amount of one million dollars ($1,000,000.00) per person and per occurrence.
B.
The Massage Establishment. The following is required of an applicant for a massage establishment:
1.
Premises shall comply with all applicable zoning, fire, health and building codes.
2.
Premises and equipment shall be clean, sanitary and well maintained.
3.
Items for the personal use of patrons, such as linens, sheets and towels, shall be cleaned and freshly laundered, unless disposable and no such item, if non-disposable, shall be used twice without being laundered. Disposable items must be disposed of in a sanitary manner after each use. Drapes (sheets) should be twin fitted drapes and twin flat sheets (no sheer sheets shall be allowed).
4.
The license of the massage establishment and of every massage therapist employed thereby shall be displayed in an open and conspicuous place on the premises and shown to officers of the City of Harrisonville upon request.
5.
Massage establishment and massage therapist licenses are not transferable and such authority as a permit confers shall be conferred only on the permitting name therein. Any applications made, fees paid and permits obtained under the provisions of this Chapter shall be in addition to and not in lieu of any other fees, permits or licenses required to be paid or obtained under any other ordinances of this City.
6.
All signs pertaining to a massage establishment shall be affixed to the building in which business is being conducted. In addition, all massage establishments are required to comply with City sign regulations and obtain a sign permit from the City before placement of said sign.
7.
Business shall only be conducted between the hours of 5:00 A.M. and 10:00 P.M.
[Ord. No. 2757 §1(200.080), 2-19-2002]
A.
All employees must be modestly attired and professional in appearance. Hands must be free from fungus and skin irritations. Fingernails shall be short (not longer than the tips of the fingers). No sculptured nails or press on fingernails shall be allowed.
B.
No alcoholic beverages may be on the premises of the treatment room(s) or waiting room.
C.
No massage establishment granted a license under the 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 that of a massage therapist; or that employees or massage therapists are dressed in any manner that would be in violation of this Chapter; nor shall any massage establishment indicate in the text of such advertising that any service is available that violated any Federal, State or municipal ordinance.
D.
Massage establishments located in residential neighborhoods shall provide a separate treatment room which is exclusively used for treatment of patrons. Said treatment room shall be professional in appearance.
E.
Patrons sixteen (16) years of age shall have on file with the establishment or therapist written permission from a parent or legal guardian to receive therapeutic massage. Patrons under sixteen (16) years of age shall have written permission and a parent or guardian shall be present while receiving therapeutic massage.
F.
Massage therapists may perform services at a patron's home as long as the therapist has a City of Harrisonville occupational license and is in conformance with the applicable Sections of this Massage Establishment Code.
[Ord. No. 2757 §1(200.090), 2-19-2002]
It shall be the duty and responsibility of the City Administrator, Codes Compliance Official, Harrisonville Police Department, City Clerk and/or the Community Development Director to enforce these regulations. When, on the basis of a complaint, personal observation and/or other information, an authorized enforcement official reasonably suspects that a violation has occurred, it is the applicant's responsibility to cooperate with the investigating official(s).
[Ord. No. 2757 §1(200.100), 2-19-2002]
A.
Any person who violates the provisions of this Chapter shall be guilty of a municipal offense and, upon conviction, shall be punished by a fine as established in the City's Comprehensive Schedule of Fees[1] or by imprisonment for not more than ninety (90) days or shall be both so fined and imprisoned. In addition, any violation of this Chapter shall be grounds for the City Clerk to revoke any or all licenses or permits issued by the City.
[Ord. No. 3650, 5-1-2023]
[1]
Editor's Note: The Comprehensive Schedule of Fees is on file in the City offices.
B.
Each violation of this Chapter shall be considered a separate offense and any violation continuing more than one (1) day shall be considered a separate offense for each day of violation.
C.
The conduct of any business within the City in violation of any of the terms of this Chapter is hereby found and declared to be a public nuisance and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof in the manner provided by law and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such massage establishment and restrain and enjoin any person from conducting, operating or maintaining a massage establishment contrary to the provisions of this Chapter.
D.
If an employee is convicted of a felony or convicted of any form of prostitution or public indecency, the license of that massage therapist and massage establishment will be revoked.
[Ord. No. 2757 §1(200.110), 2-19-2002]
If any massage therapist or their employees shall violate any of the provisions of this Chapter or the Revised Statutes of Missouri and is finally convicted in any court of the City or State, he/she may have his/her massage therapist license and/or massage establishment license suspended or revoked by the Board of Aldermen after a hearing. Ten (10) days' written notice of the hearing stating the grounds thereof shall be delivered to said massage establishment at his/her place of business or by leaving or posting said notice at said address. The accused shall have the right at the hearing to be represented by an attorney, to cross-examine witnesses, to present evidence and to testify on his/her own behalf. The hearing shall be held in public at a regular or special meeting of the Board of Aldermen. If suspension or revocation of the license occurs, no license fee shall be refunded.