[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.