[CC 1987 §655.010; Ord. No. 838 §1, 5-11-1976]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Any and all persons, other than the masseurs or masseuses,
who render any service to the permittee, who receive compensation
directly from the permittee, and who have no physical contact with
customers and clients.
Any method of pressure on or friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating, or stimulating of
the external soft parts of the body with the hands or with the aid
of any mechanical or electrical apparatus or applicable antiseptics,
oils, powder, creams, lotions, ointments, or other similar preparations
commonly used in this practice.
Any establishment having a fixed place of business where
any person, firm, association, or corporation engages in or carries
on or permits to be engaged in or carried on any of the activities
mentioned in this Section.
Any person who, for any consideration whatsoever, engages
in the practice of massage as herein defined.
Any individual, co-partnership, firm, association, joint
stock company, corporation, or combination of individuals of whatever
form or character.
Any school or institution of learning which has for its purpose
the teaching of the theory, method, profession, or work of massage,
which school requires a resident course of study not less than seventy
(70) hours before the student shall be furnished with a diploma or
certificate of graduation from such school or institution of learning
following the successful completion of such course of study or learning.
[CC 1987 §655.020; Ord. No. 78-13 §1, 7-11-1978]
It shall be unlawful for any person to engage in, conduct or
carry on or to permit to be engaged in, conducted or carried on, in
or upon any premises in the City of Northwoods, or in any vehicle
as defined in the Model Traffic Ordinance, the operation of a massage
establishment or out-call massage as herein defined, without first
having obtained a permit from the Police Department after approval
of the municipal physician.
[CC 1987 §655.030; Ord. No. 838 §§5 — 6, 5-11-1976]
A.
Every
applicant for a permit to maintain, operate or conduct a massage establishment
shall file an application with the Chief of Police and pay a filing
fee of ten dollars ($10.00), which shall not be refundable.
B.
The application
for a permit to operate a massage establishment shall set forth the
exact nature of the massage to be administered, the proposed place
of business and facilities therefor, and the name and address of each
applicant.
In addition to the foregoing, any applicant for a permit shall
furnish the following information:
1.
Written
proof that the applicant is at least eighteen (18) years of age.
2.
Two
(2) portrait photographs at least two (2) inches by two (2) inches
and fingerprints.
3.
Business,
occupation or employment of the applicant for the three (3) years
immediately preceding the date of application.
4.
The
massage or similar business license history of the applicant; whether
such person, in previously operating in this or another City or State
under license, has had such license revoked or suspended, the reason
therefor, and the business activity or occupation subsequent to such
action of suspension or revocation.
5.
Any
criminal convictions except minor traffic violations.
[CC 1987 §655.040; Ord. No. 838 §7, 5-11-1976]
Any person, including an applicant for a massage establishment
permit, who engages in the practice of massage as herein defined shall
file an application for a masseur or masseuse permit with the Chief
of Police upon a form provided by said Chief of Police and shall pay
a filing fee of ten dollars ($10.00) which shall not be refundable.
[CC 1987 §655.050; Ord. No. 838 §8, 5-11-1976]
A.
The application
for a masseur or masseuse permit shall contain the following:
1.
Name
and residence address.
2.
Social
security number.
3.
Applicant's
weight, height, color of hair and eyes, and fingerprints.
4.
Written
evidence that the applicant is at least eighteen (18) years of age.
5.
Business,
occupation or employment of the applicant for the three (3) years
immediately preceding the date of application.
6.
Whether
such person has ever been convicted of any crime except minor traffic
violations. If any person mentioned in this Subsection has been so
convicted, a statement must be made giving the place and court in
which the conviction was obtained and the sentence imposed as a result
of such conviction.
7.
The
name and address of the recognized school attended, the date attended
and a copy of the diploma or certificate of graduation awarded the
applicant showing the applicant has successfully completed not less
than seventy (70) hours of instruction.
[CC 1987 §655.060; Ord. No. 838 §9, 5-11-1976]
When an application is filed for a massage establishment permit
under this Chapter, the Chief of Police shall fix a time and a place
for a public hearing where applicant may present evidence upon the
question of his/her application. Not less than ten (10) days before
the date of such hearing, the Chief of Police shall cause to be posted
a notice of such hearing in which or on which the proposed massage
establishment is to be operated. The applicant shall maintain said
notice as posted for the required number of days.
[CC 1987 §655.070; Ord. No. 838 §§10 — 11, 5-11-1976]
A.
The Chief
of Police may issue a permit within fourteen (14) days following a
hearing if all requirements for a massage establishment described
in this Chapter are met and may issue a permit to all persons who
apply to perform massage services unless he/she finds:
1.
The
operation as proposed by the applicant if permitted would not have
complied with all applicable laws, including but not limited to, building,
health, City planning, housing, and zoning of the City of Northwoods
and Fire Codes and regulations of the Normandy Fire District.
2.
The
applicant or any other person who will be directly engaged in the
management and operation of a massage establishment has been convicted
of:
a.
A
felony.
b.
An
offense involving sexual misconduct with children.
c.
Obscenity,
keeping or residing in a house of ill fame, solicitation of a lewd
or unlawful act, prostitution, or pandering.
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The Chief of Police in his/her discretion may issue a permit to any person convicted of any of the crimes in Subsections (2)(a), (2)(b) and (2)(c). If he/she finds that such conviction occurred at least three (3) years prior to the date of the application and the applicant has had no subsequent convictions.
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B.
The Chief
of Police may issue a masseur or masseuse permit within twenty-one
(21) days following application unless he/she finds that the applicant
for the masseur or masseuse permit has been convicted of:
1.
A felony.
2.
An offense
involving sexual misconduct with children.
3.
Obscenity,
keeping or residing in a house of ill fame, solicitation of a lewd
or unlawful act, prostitution, or pandering.
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The Chief of Police in his/her discretion may issue a permit
to any person convicted of such crimes if he/she finds that such conviction
occurred at least three (3) years prior to the date of the application
and the applicant has had no subsequent conviction.
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[CC 1987 §655.080; Ord. No. 838 §12, 5-11-1976]
A.
Any permit issued for a massage establishment may be revoked or suspended by the Chief of Police, after a public hearing before the Chief of Police, where it is found that any of the provisions of this Chapter are violated or where the permittee or any employee of the permittee, including a masseur or masseuse, has been convicted of any offense found in Section 645.070 and the permittee has actual or constructive knowledge of the violation or conviction, or in any case where the permittee or licensee refuses to permit any duly authorized Police Officer of the City of Northwoods or the municipal physician or his/her authorized representative to inspect the premises or the operations therein.
B.
The Chief
of Police, before revoking or suspending any permit, shall give the
permittee at least ten (10) days' written notice of the charges against
him/her and the opportunity for a public hearing before the Chief
of Police, at which time the permittee may present evidence bearing
upon the question. In such cases, the charges shall be specific and
in writing.
[CC 1987 §655.090; Ord. No. 838 §13, 5-11-1976]
A.
A masseur or masseuse permit issued by the Chief of Police shall be revoked or suspended after a public hearing before the Chief of Police where it appears that the masseur or masseuse has been convicted of any offense enumerated in Section 645.070.
B.
The Chief
of Police, before revoking or suspending any masseur or masseuse permit,
shall give the masseur or masseuse at least ten (10) days' written
notice of the examination into his/her conviction record and the opportunity
for a public hearing before the Chief of Police, at which hearing
the Chief shall determine the relevant facts regarding the occurrence
of the conviction.
[CC 1987 §655.100; Ord. No. 838 §14, 5-11-1976]
A.
No permit
to conduct a massage establishment shall be issued unless an inspection
by the municipal physician or his/her authorized representative reveals
that the establishment complies with each of the following minimum
requirements:
1.
Construction
of rooms used for toilets, tubs, steam baths, and showers shall be
waterproof with approved waterproof materials.
2.
Toilet
facilities shall be provided in convenient locations. When five (5)
or more employees and patrons of different sexes are on the premises
at the same time, separate toilet facilities shall be provided. A
single water closet per sex shall be provided for each twenty (20)
or more employees or patrons of that sex on the premises at any one
time. Urinals may be substituted for water closets after one (1) water
closet has been provided. Toilets shall be designed as to accommodate
the sex therein.
3.
Lavatories
or washbasins shall be provided with soap in a dispenser and with
sanitary towels.
The municipal physician shall certify that the proposed massage
establishment complies with all of the requirements of this Section
of the Chapter and shall give or send such certification to the Chief
of Police.
[CC 1987 §655.110; Ord. No. 838 §15, 5-11-1976]
A.
Every
portion of a massage establishment, including appliances, apparatus
and personnel, shall be kept clean and operated in a sanitary condition.
B.
All employees
shall be clean and wear clean outer garments whose use is restricted
to the massage establishment. Provisions for a separate dressing room
for each sex must be available on the premises with individual lockers
for each employee. Doors to such dressing rooms shall open inward
and shall be self-closing.
C.
All employees,
masseurs, and masseuses must be modestly attired. Diaphanous, flimsy,
transparent, form-fitting, or tight clothing is prohibited. Clothing
must cover the employees', masseurs' or masseuses' chests at all times.
Hemlines of skirts, dresses or other such attire may be no higher
than the top of the knee.
D.
The private
parts of the patrons must be covered by towels, cloths or undergarments
when in the presence of an employee, masseur or masseuse. Any contact
with a patron's genital area is strictly prohibited.
E.
All massage
establishments shall be provided with clean, laundered sheets and
towels in sufficient quantity and shall be laundered after each use
thereof and stored in an approved, sanitary manner.
F.
Wet and
dry heat rooms, shower compartments and toilet rooms shall be thoroughly
cleaned each day the business is in operation. Bathtubs shall be thoroughly
cleaned after each use.
G.
No massage establishment granted a permit under 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 those services as described in Section 645.010 of this Code, or that employees, masseurs or masseuses are dressed in any manner other than described in Subsection (C) of this Section, nor shall any massage establishment indicate in the text of such advertising that any service is available other than those services described in Section 645.010.
H.
All services enumerated in Section 645.010 of this Code must be carried on in one (1) cubicle, room, booth, or area within the massage establishment. No service enumerated in Section 645.010 of this Code may be carried on in any other cubicle, room, booth, or area except where such cubicle, room, booth, or area has transparent doors or walls such that all activity within the cubicle, room, booth, or area is visible from outside the same.
I.
A massage
establishment shall not carry on, engage in or conduct business on
Sunday and on other days shall not carry on, engage in or conduct
business before 8:00 A.M. or after 6:00 P.M.
[CC 1987 §655.120; Ord. No. 838 §16, 5-11-1976]
Every person who engages in or conducts a massage establishment
shall keep a daily register, approved as to form by the Police Department,
of all patrons with names, addresses and hours of arrival and, if
applicable, the rooms or cubicles assigned. Said 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 one (1) year.
[CC 1987 §655.130; Ord. No. 838 §17, 5-11-1976]
The Northwoods Police Department and the municipal physician
or his/her authorized representative shall, from time to time and
at least twice a year, make an inspection of each massage establishment
in the City of Northwoods for the purposes of determining that the
provisions of this Chapter are complied with. Such inspections shall
be made at reasonable times and in a reasonable manner. It shall be
unlawful for any permittee to fail to allow such Inspection Officer
access to the premises or to hinder such officer in any manner.
[CC 1987 §655.140; Ord. No. 838 §18, 5-11-1976]
A.
No permit
shall be transferable except with the written consent of the Chief
of Police and the approval of the municipal physician; provided however,
that upon the death or incapacity of the permittee the massage establishment
may continue in business for a reasonable period of time to allow
for an orderly transfer of permit.
1.
Holders
of any outstanding massage establishment permit hereto issued under
any provision of law are required to comply with all provisions of
this Chapter.
2.
Applicants
for a masseur or masseuse permit may substitute one (1) year's continuous
experience as a masseur or masseuse in lieu of the requirement of
a diploma or certificate of graduation from a recognized school or
other institution of learning wherein the method and work of massage
is taught. Such masseur or masseuse must obtain an affidavit attesting
to such experience from the owner of the establishment where the continuous
year of experience occurred. If, after diligent effort, the masseur
or masseuse is unable to obtain an affidavit from the owner, such
masseur or masseuse may submit an affidavit from a person who has
firsthand knowledge of his/her continuous year of experience.
[CC 1987 §655.150; Ord. No. 838 §20, 5-11-1976]
All persons who possess any outstanding permit heretofore issued
as either the operator of a massage establishment or as a masseur
or masseuse must file for a new permit within six (6) months of the
effective date of this Chapter.
[CC 1987 §655.160; Ord. No. 838 §21, 5-11-1976]
This Chapter shall not apply to hospitals, nursing homes, sanitaria,
or persons holding an unrevoked certificate to practice the healing
arts under the laws of the State of Missouri or to persons working
under the direction of any such persons or in any such establishments.
[CC 1987 §655.170; Ord. No. 838 §22, 5-11-1976]
The Chief of Police or the municipal physician may, after a
public hearing, make and enforce reasonable rules and regulations
not in conflict with, but to carry out, the intent of this Chapter.
[CC 1987 §655.180; Ord. No. 838 §23, 5-11-1976]
It shall be unlawful for 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
gives massages or conducts a massage establishment to do so without
first obtaining a permit and paying a license fee from the City of
Northwoods or to violate any of the provisions of this Chapter. Upon
conviction such person shall be punished by a fine not to exceed one
thousand dollars ($1,000.00) or by imprisonment for a period not to
exceed three (3) months, or by both such fine and imprisonment.
