[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 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.