[R.O. 2008 §15-125; Ord. No. 2272 §1, 4-26-2004; Ord. No. 5356 §1, 3-10-2014]
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 known prostitutes, intoxicated persons, the loitering of habitual drunkards, lewd or indecent displays, profanity, rowdiness, 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.
Massage therapy shall be performed on patrons individually in a separate cubicle, room, booth or area of the massage business, except that couples may receive services in the same cubicle, booth, room, or area on request.
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.
A massage business shall not carry on, engage in or conduct business on any day between the hours of 10:00 P.M. and 6:00 A.M.
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 be kept on file for a minimum of two (2) years.
[Ord. No. 5434 §2, 8-10-2015]
All employees and massage therapists must be and remain fully clothed. All employees shall be clean and wear clean garments.
[R.O. 2008 §15-126; Ord. No. 2272 §1, 4-26-2004]
No operator, massage therapist or other person in the employment of the massage business shall violate any Federal or State law or City ordinance or any provision of this Chapter in or upon the premises or any massage business.
Operators and permittees 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.
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.
No massage business permittee 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 615.030 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.
No person shall sell, give, dispense, provide or keep or cause to be sold, given, dispensed or provided or kept any alcoholic beverages on the premises of any massage business or in connection with the provision of massage therapy. No person shall sell, give, dispense, provide or cause to be sold, given, dispensed or provided any tobacco products on the premises of any massage business or in connection with the provision of massage therapy.
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 and a permit issued by the City pursuant to this Chapter.
Persons who do not hold a permit to practice massage therapy or to operate a massage business within the City 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.
Any advertisement by a massage therapist or massage business regarding services to be provided within the City shall contain the State license or registration of such therapist or business.
State Law Reference — Similar provisions, §324.270, RSMo.
[R.O. 2008 §15-127; Ord. No. 2272 §1, 4-26-2004; Ord. No. 5434 §3, 8-10-2015]
Designated representatives of the Community Development Department and the Police Department shall from time to time and at least twice a year make a health and safety inspection of the publicly accessible areas of each 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 permittee to fail to allow such inspection personnel such access to the premises or to hinder such personnel in any manner regarding such inspections.
[R.O. 2008 §15-128; Ord. No. 2272 §1, 4-26-2004]
The Finance Director has the authority to deny the renewal of, suspend or revoke any massage therapist permit or massage business permit if the Finance Director believes that conditions have changed such that the holder of a massage therapist permit or massage business permit would be ineligible to receive a new massage therapist's permit or massage business permit; or that the holder of the massage therapist permit or massage business permit is in violation of this Chapter or State law pertaining to massage therapy or business. In furtherance of this Section, a permittee must immediately inform the Finance Director of the renewal, extension, expiration, suspension, revocation or termination of their State license and must supply documentation regarding any change in the status of their State license. Permittees must also provide the Finance Director 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.
If, however, the Finance Director believes that the holder of a massage therapist permit or massage business permit may remedy the conditions of non-compliance and the permittee has not previously been in violation of this Section or State law pertaining to massage therapy or massage businesses, then the Finance Director may suspend the permit for a period up to thirty (30) days in lieu of revocation or denial of permit.
If the Finance Director believes that the changed condition is not of such imminent hazard to the safety, morals or peace of the residents of the City, the Finance Director shall schedule a hearing prior to taking any suspension or revocation action. The permittee shall be given a least ten (10) days' notice of the hearing.
If the Finance Director believes that the changed conditions are such that the permittee would not be able to remedy the situation within a suspension period; or the permittee fails or refuses to remedy the conditions; or the permittee has previously been in violation of this Section or State law pertaining to massage therapy or massage businesses, then the Finance Director may revoke the permit.
If the Finance Director believes that the safety, morals or peace of the residents of the City are immediately affected by a change in conditions, the Finance Director may immediately suspend or revoke the permit. Under such suspension or revocation, the permittee may request a hearing with the Finance Director to be conducted within five (5) days following the suspension or revocation.
A record shall be made of any hearing hereunder. Any party aggrieved by the decision of the Finance Director shall have the right to appeal to the Circuit Court of St. Louis County.
State Law Reference — Similar provisions, §536.100, RSMo.
[R.O. 2008 §15-129; Ord. No. 2272 §1, 4-26-2004]
Every person, except those persons who are specifically exempted by this Chapter, whether acting as an individual, owner, employee of the owner, operator or employee of the operator or whether acting as a mere helper for the owner, employee or operator or acting as a participant or worker in any way, who performs massage therapy or conducts a massage business without first obtaining a permit and paying a fee to do so from the City shall be guilty of a misdemeanor.
Any person who violates any of the provisions of this Chapter shall be guilty of a misdemeanor.
[R.O. 2008 §15-130; Ord. No. 2272 §1, 4-26-2004]
If any Section, Subsection, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Chapter.