[CC 1991 §15-51; Ord. No. 911, 5-18-1992]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
Any person who applies for a permit as required by this Chapter.
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 hands or with the aid of
any mechanical or electrical apparatus or appliance with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointments or other similar preparations
commonly used in this practice.
Any establishment having a fixed place of business attached
to or a part of a beauty salon where any person engages in or carries
on or permits to be engaged in or carried on any of the activities
mentioned in the definition of "massage" in this
Section.
Any person who, for any consideration whatsoever, engages
in the practice of massage as defined in this Section.
Any person receiving a permit to operate a massage salon
or to serve as a masseur or masseuse under the provisions of this
Chapter.
Any institution of learning which has for its purpose the
teaching of the theory, method, profession or work of massage and
requires a resident course of not less than one hundred (100) hours
for graduation. This course shall include instructions in the principles
of anatomy and physiology. In order to be recognized, the school shall
furnish the student who satisfactorily completes such course of study
or learning a diploma or certificate of graduation.
[CC 1991 §15-52; Ord. No. 911, 5-18-1992]
The provisions of this Chapter shall not apply to hospitals,
nursing homes, sanitaria, persons holding an unrevoked certificate
of entitlement to practice the healing arts under the laws of the
State of Missouri, Class A cosmetologists duly licensed by the State
of Missouri under Chapter 329, RSMo., athletic trainers or persons
working under the direction and control of such persons or in any
such establishments.
[CC 1991 §15-91; Ord. No. 911, 5-18-1992]
A.
Massage Salon. 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, the operation of
a massage salon as defined in this Chapter, without first having obtained
a permit from the City.
B.
Masseur Or Masseuse. It shall be unlawful for any person
to serve as a masseur or masseuse to engage in the practice of massage,
as defined in this Chapter, without having first obtained a permit
from the City.
[CC 1991 §15-92; Ord. No. 911, 5-18-1992; Ord. No.
938 §1, 12-15-1992]
A.
Massage Salon. Every applicant for a permit to maintain,
operate or conduct a massage salon shall file an application with
the City upon a form provided by the City and pay a filing fee as
hereafter provided by law.
B.
Masseurs Or Masseuses. Any person, including an applicant
for a massage salon permit, who engages in the practice of "massage" as herein defined, shall file an application for
a masseur or masseuse permit with the City upon a form provided by
the City and shall pay a filing fee as hereafter provided by law.
C.
Fees Non-Refundable. Fees for permits required by this
Chapter shall not be refundable if for any reason a permit is not
issued or if the permittee shall cease operation before the end of
the period for which the permit was issued.
D.
Term. Permits issued under this Chapter shall expire on
December thirty-first (31st) of the year of issuance.
E.
Renewal Applications. Applications for a renewal of permits
issued under this Chapter may be submitted at any time up to thirty
(30) days prior to the date of expiration, along with the applicable
fee.
F.
The filing
fee for an application for a license or for renewal of a license for
a permit for a massage salon shall be one hundred dollars ($100.00)
per calendar year or portion thereof and the filing fee for an application
for a permit to serve as a masseur or masseuse shall be thirty-five
dollars ($35.00) per calendar year or portion thereof.
[CC 1991 §15-93; Ord. No. 957 §1, 4-20-1993; Ord. No. 2001-1231 §1, 12-4-2001]
A.
Massage Salon. The application for a permit to operate
a massage salon 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 the applicant. In addition to the foregoing,
any applicant for such a permit shall furnish the following:
B.
Masseur Or Masseuses. The application for a masseur or
masseuses permit shall call for and the applicant for such a permit
shall furnish the following:
[CC 1991 §15-94; Ord. No. 911, 5-18-1992]
An applicant for any permit provided for in this Chapter shall
completely and truthfully disclose all information required by the
application. Failure to so disclose such information shall bar the
applicant from applying for or receiving such permit for a one (1)
year period from the date of such application.
[1]
Editor's Note — Ord. no. 2001-1231 §2, adopted
December 4, 2001, repealed section 630.070 "application — investigation
required" in its entirety. Former section 630.070 derived from CC
1991 §15-95; ord. no. 911, 5-18-1992; ord. no. 953 §1, 3-16-1993.
[CC 1991 §15-96; Ord. No. 953 §1, 3-16-1993; Ord. No. 2001-1231 §1, 12-4-2001]
Masseur and masseuses permits shall have a copy of the permittee's
photograph attached to one (1) side thereof.
[CC 1991 §15-97; Ord. No. 911, 5-18-1992]
A.
Massage Salon. Every applicant for whom or for which a
massage salon permit shall have been granted under this Chapter shall
display such permit in a conspicuous place so that the same may readily
be seen by persons entering the premises where the massage business
is to be conducted.
B.
Masseurs And Masseuses. Every person to whom a masseur
or masseuse permit shall have been granted under this Chapter shall
affix such permit conspicuously to the garment of the person when
on duty so that the person's identity may be readily ascertainable.
[CC 1991 §15-98; Ord. No. 911, 5-18-1992; Ord. No.
2001-1231 §1, 12-4-2001]
A.
Any permit
issued for a massage salon or for a masseur or masseuse may be revoked
or suspended by the City when it is found that any of the provisions
of this Chapter are violated or in any case when the permittee or
licensee refuses to permit any duly authorized Police Officer or representative
of the City to inspect the premises or the operations therein in accordance
with the provisions of this Chapter.
B.
The City,
before revoking or suspending any permit, shall give the permittee
at least ten (10) days' written notice of the charges and of the opportunity
for appeal to the City before whom the permittee may present evidence
bearing upon the question. In such cases, the basis for the action
by the City shall be specifically stated.
[CC 1991 §15-99; Ord. No. 911, 5-18-1992]
No massage salon permit shall be transferable.
[CC 1991 §15-126; Ord. No. 911, 5-18-1992; Ord. No.
99-1149 §1, 10-7-1999]
A.
The Building
Commissioner and Zoning Administrator is hereby authorized to promulgate
reasonable rules and regulations pertaining to sanitary requirements
for the operation of massage salons and is further authorized to adopt
and promulgate any and all such rules and regulations as shall have
been adopted by the Department of Community Health and Medical Care
of St. Louis County, Missouri.
B.
The permittee
and all masseurs, masseuses, employees and customers shall comply
with all such rules and regulations as are promulgated hereunder.
[1]
Editor's Note — Ord. No. 2001-1231 §2, adopted
December 4, 2001, repealed section 630.130 "operating requirements"
in its entirety. Former section 630.130 derived from CC 1991 §15-127;
ord. no. 911, 5-18-1992; ord. no. 953 §1, 3-16-1993; ord. no.
957 §1, 4-20-1993.
[CC 1991 §15-128; Ord. No. 911, 5-18-1992]
Every permittee operating a massage salon shall keep a daily
register in a bound book showing all patrons, with names, addresses
and hours of arrival and, if applicable, the rooms or cubicles assigned.
Such daily register shall at all times during business hours be subject
to inspection by the City Clerk or his/her representative and by a
Police Department officer and shall be kept on file for one (1) year.
[CC 1991 §15-129; Ord. No. 911, 5-18-1992; Ord. No.
99-1149 §1, 10-7-1999; Ord. No. 2001-1231 §1, 12-4-2001]
The Police Department and the Building Commissioner and Zoning
Administrator shall have the authority to make an inspection of each
massage salon in the City for the purpose of determining compliance
with the provisions of this Chapter. Such inspections shall be made
at reasonable times and in a reasonable manner and shall not include
any cubicle, room or booth while a customer of the establishment is
therein. 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. Each officer making such inspection shall make a written
report of each such inspection and shall file the same with the City
Clerk.
[CC 1991 §15-150; Ord. No. 911, 5-18-1992; Ord. No.
2001-1231 §1, 12-4-2001]
A.
Any operator
of any massage salon or any masseur or masseuses or other employee
of such massage salon and the permittee or any patron in or upon the
premises is hereby prohibited from:
1.
Engaging
in prostitution, masturbation, deviate sexual intercourse or other
acts designed or intended to arouse or gratify the sexual desires
of any person.
2.
Soliciting,
directly or indirectly, any person to engage in prostitution, masturbation,
deviate sexual intercourse or other acts designed or intended to arouse
or gratify the sexual desires of any person, whether such prostitution
or masturbation or other acts are intended to occur on or off the
premises of the massage salon.
B.
Any operator
who knows or reasonably should know that such prohibited act has occurred,
does occur or is occurring in or on the premises of a massage salon,
shall be deemed guilty of committing such act and shall be held liable
as a principal.
C.
No operator,
masseur or masseuse or other person in the employment of the massage
salon shall violate any Federal or State law or City ordinance or
any provision of this Chapter in or upon the premises of any massage
salon.
D.
Each
operator of a massage salon shall conduct the salon in a decent, orderly
and respectable manner, and shall not permit within or upon the permitted
premises the loitering of habitual drunkards or intoxicated persons,
known prostitutes, 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 establishment is located.
E.
It shall
be unlawful for any operator to knowingly employ a person as a masseur
or masseuse as defined in this Chapter who is not in possession of
a valid license.
