[Ord. No. 1543 §1, 1-25-2005]
A. 
It is hereby declared that massage therapy as defined in this Chapter is a business affecting the public health, safety and general welfare.
B. 
For the purpose of this Chapter, the following words or phrases shall have the meanings respectively ascribed to them by this Section:
EMPLOYEE
Any and all persons, other than a massage therapist, who render any service for a massage therapist or massage business, who receive compensation directly from a massage therapist or massage business and who has no direct physical contact with customers or clients.
MASSAGE BUSINESS
Any place of business in which massage therapy is practiced.
MASSAGE THERAPIST
Any person who practices or holds themselves out as a practitioner of Massage Therapy within the City.
MASSAGE THERAPY
A health care profession that involves the treatment of the body's tonus system through the scientific or skillful touching, rubbing, pressing or other movements of the soft tissues of the body with the hands, forearms, elbows, or feet; or with the aid of mechanical apparatus, for relaxation, therapeutic, remedial or health maintenance purposes to enhance the mental and physical well-being of the client, but does not include the prescription of medication, spinal or joint manipulation, the diagnosis of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy or podiatry is required by law, or to those occupations as defined in Chapter 329, RSMo.
OUTCALL MASSAGE THERAPY
Massage therapy performed not at a fixed location but at locations designated by the massage therapist, customer or client from time to time.
[Ord. No. 1543 §2, 1-25-2005]
A. 
A Business License is required for the following:
1. 
Massage therapist. It shall be unlawful for any person, including persons performing outcall massage therapy, to engage in the practice of massage therapy within the City without having first obtained a massage therapist license from the State of Missouri. It shall be unlawful for any person, including persons performing outcall massage therapy, to engage in the practice of massage therapy within the City without a business license as required in Subparagraph (2) or (3) of this Section.
2. 
Massage business. It shall be unlawful for any business to allow the practice or performance of massage therapy on its premises within the City or to engage in massage therapy within the City, including outcall massage therapy, without first having obtained a massage business license from the State of Missouri and a business license from the City of Rock Hill.
3. 
Any business that provides massage therapy services in addition to other services, shall obtain a City of Rock Hill business license. This can be included in the regular City business license for the business license provided that the license does state massage therapy services as one of the business services. Any such businesses that provide for contracted massage therapy services shall also be required to obtain a City business license.
4. 
Any person who operates a home business located within the City that involves providing outcall massage therapy is required to comply with the provisions for a home business as prescribed by the Rock Hill City Code.
5. 
Providing massage therapy services within the home of the person operating said business is not an authorized home business unless the zoning for that location allows businesses.
6. 
Any persons exempt from having to obtain a massage therapist or massage business license under the laws of the State of Missouri shall obtain a City business license unless exempted by State law or City ordinance.
B. 
The following additional information must be provided for each business license that includes massage therapy.
1. 
A copy of a valid license identifying the applicant as a massage business and/or massage therapist (as applicable) licensed in the State of Missouri shall be provided.
2. 
Information required for a police background check, including but not limited to date of birth, race, copy of drivers license and home address.
3. 
A statement must be made for any crime other than minor traffic violations including giving the place and court in which the conviction was obtained and the sentence imposed as a result of such conviction. Further information may be included.
4. 
Applications for renewal licenses must update the information required for this section.
C. 
The Investigation and Recommendation Process shall include the following:
1. 
The Police Department shall do a background check on each massage therapist and on the owner of an business that provides massage therapy services.
2. 
The Police Department shall make a favorable recommendation for a massage therapist permit or massage business permit, unless the chief finds:
a. 
That the applicant willfully falsified any information required by the application or any prior application.
b. 
That the applicant and/or any other person who will be directly engaged in the management and/or operation of the massage business or the providing of massage therapy services:
(1) 
Has been convicted of a felony;
(2) 
Has been convicted of an offense involving sexual misconduct with children;
(3) 
Has been convicted of an obscenity offense, solicitation of a lewd or unlawful act, prostitution or pandering;
(4) 
Has no valid State license or otherwise fails to meet the requirements of this Chapter.
c. 
The Police Department at their discretion may recommend the issuance of a permit to any person as described in Subparagraph (b)(1 — 3) above if he/she finds evidence that such circumstances occurred more than five (5) years prior to the date of the application.
d. 
That the applicant has submitted an incomplete application information shall not be entitled to consideration until such time that the application information is complete.
D. 
Licenses must be displayed as follows:
1. 
Every massage therapist shall display their State license in a conspicuous place so that the same may readily be seen by persons entering the premises of the massage business. A photograph of the applicant shall be affixed to the permit.
2. 
Every person performing outcall massage therapy shall show their State license and City permit to each customer on each occasion before providing service. A photograph of the licensed massage therapist shall be affixed to the permit.
E. 
No business license for massage therapy shall be transferable.
[Ord. No. 1543 §1, 1-25-2005]
A. 
Sanitation requirements for a massage business are as follows:
1. 
The premises of a massage business, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.
2. 
Adequate equipment shall be provided for disinfecting and sterilizing instruments used in the administering or practicing of the subjects or methods of treatment. Such instruments shall be sterilized after each use.
3. 
A supply of clean, laundered sheets and towels shall be available sufficient for use by each customer and shall be laundered after each use thereof and stored in an approved sanitary manner.
[Ord. No. 1543 §1, 1-25-2005]
A. 
Massage businesses shall generally operate as follows:
1. 
Each operator of a massage business shall conduct the establishment in a decent, orderly and respectable manner, and shall not permit within or upon the permitted premises undue noise or other distractions or activity offensive to the senses of the average citizen or the inhabitants of the neighborhood in which the business is located.
2. 
The private parts of patrons must be covered by towels, cloths or undergarments when in the presence of an employee or massage therapist or other patrons. Any contact with a patron's genital, anal, or nipple areas is strictly prohibited.
3. 
Every person who engages in or conducts a massage business shall keep a daily register of all patrons, with names, addresses and hours of arrival and departure and the rooms or cubicles assigned. Such daily register shall at all times during business hours be subject to inspection by health department officials and by the police department and shall be kept on file for a minimum of two years.
4. 
All employees and massage therapists must be and remain fully clothed. All employees shall be clean and wear clean garments.
B. 
The following acts are prohibited:
1. 
No operator, massage therapist or other person in the employment of the massage business shall violate any Federal or State law or County or City ordinance or any provision of this Chapter in or upon the premises or any massage business.
2. 
Operators of a massage business, massage therapists, employees of massage businesses, and customers of a massage business or massage therapist, are hereby prohibited from engaging in and/or soliciting, directly or indirectly, any acts designed or intended to arouse or gratify the sexual desires of any other person in or upon the premises of a massage business or in connection with the provision of massage therapy.
3. 
Any operator who knows or reasonably should know that a prohibited act is occurring in or on the premises of the business, shall be deemed guilty of committing such act and shall be held liable as principal.
4. 
No massage business shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body in a manner or contains text or other graphics that would reasonably suggest that any massage service is available other than those services described in Section 640.010 of this Chapter, that any unlawful service is available, or that employees or massage therapists are dressed in any manner other than required in this section.
5. 
No person shall sell, give, dispense, provide or keep, or cause to be sold, given, dispensed, provided or kept any alcoholic beverages, prescription drugs or illegal drugs on the premises of any massage business or in connection with the provision of massage therapy.
6. 
No person shall employ as a massage therapist any other person unless the other person has obtained and has in effect a valid State license.
7. 
Persons who do not hold a business license that includes massage therapy and who are not exempt from having to obtain such a permit shall not use the words "massage", "body work", or any of their synonyms on any sign or in any other form of advertising within the City unless specifically exempted by the State Board of Therapeutic Massage.
C. 
Designated representatives of the police department may from time to time inspect any massage business in the City for the purpose of determining that the provisions of this Chapter are being met. Such inspection shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any massage therapist or massage business to fail to allow access to the premises or to hinder such personnel in any manner.
D. 
A business license for a massage therapist or massage business may be suspended, revoked or renewal denied according to the following:
1. 
The City Administrator has the authority to deny the renewal of, suspend or revoke the business license of any massage therapist or massage business if the City Administrator believes that conditions have changed such that the massage therapist or massage business would be ineligible to receive a new Rock Hill City business license or that the massage therapist or massage business is in violation of this Chapter or State law pertaining to massage therapy or business. In furtherance of this section, each massage therapist and massage business must immediately inform the City Administrator of any change in their State license and must supply documentation regarding any change. Each massage therapist and massage business must also provide the City Administrator with a copy of any complaint filed against them or any inspection report provided to them under Chapter 324 RSMo., immediately upon their receipt thereof.
2. 
The City Administrator has the authority to deny the renewal of, suspend or revoke the business licenses of any massage therapist or massage business if the City Administrator believes that conditions have changed such that the safety, morals or peace of the residents of the City are immediately affected.
3. 
The City Administrator may suspend the license of a massage therapist or massage business for a period up to thirty (30) days in lieu of revocation or denial of permit if the City Administrator believes that the massage therapist or massage business may remedy the conditions of noncompliance, and they have not previously been in violation of this Section or State law pertaining to massage therapy or massage business.
4. 
A massage therapist or massage business may request a hearing for any suspension or revocation to be conducted within five (5) working days following the request.
5. 
If the City Administrator believes that the changed condition is not of such imminent hazard to the safety, morals or peace of the residents of the City, the City Administrator shall schedule a hearing prior to taking any suspension or revocation action. The massage therapist or massage business shall be given a least ten (10) days notice of the hearing.
6. 
A record shall be made of any hearing hereunder. Any party aggrieved by the decision of the City Administrator shall have the right to appeal to the Board of Aldermen of the City of Rock Hill. Further appeal would be allowed according to State law.