[R.O. 1996 § 620.010; CC 1968 § 11 1/2-1; Ord. No. 2563 § 1(11 1/2-1), 4-3-1995; Ord. No. 3341 § 1, 10-2-2000]
Definitions. When used in this Chapter the following words and phrases shall have the meanings set out herein:
- Any person, other than massage therapists, who work for a permittee under this Chapter, who receives compensation from the permittee, licensee or directly from a patron.
- MASSAGE ESTABLISHMENT
- Any establishment having a place of business where any person, firm, partnership, association or corporation engages in or carries on or permits to be engaged in or carried on any of the activities set forth in the definition of "massage therapy" for compensation of any sort.
- MASSAGE THERAPISTS
- Any person who performs the service of massage therapy on any person for a valuable consideration.
- MASSAGE THERAPY
- A scientific health care, health maintenance, and rehabilitation technique carried out by a trained professional which involves the skillful massaging and kneading of human skin, muscles and tissues thereby causing relaxation, stimulation, easing of mental and physical tension, alleviation of aches and pains, the breaking up of fatty tissues and muscle spasms, the improvement of circulation through the body, the reduction of strain on the heart, or the reduction of body fluids in the legs and arms, to help cause the body to restore itself to a more comfortable feeling or to rehabilitate itself from any disease or malfunction. "Massage therapy" shall also mean and include any method of pressure or friction against or stroking, kneading, rubbing, tapping, pounding, massaging, 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 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 person who utilizes or receives the services of any establishment, including but not limited to massage therapy, subject to the provisions of this Chapter and under such circumstances that it is reasonably expected that they will pay money or give any other consideration therefor. [Patrons under the age of eighteen (18) shall have on file with the establishment or therapist, written permission from a parent or legal guardian in order to receive massage therapy and it shall be unlawful for massage therapy to be performed on a person under eighteen (18) without said written permission.]
- RECOGNIZED SCHOOL
- Any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of therapeutic massage, which requires a resident course of study of not less than three hundred (300) hours to be given in not more than eighteen (18) calendar months 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.
Purpose. The purpose and intent of this Chapter is to regulate massage therapy establishments and massage therapists in order to protect and promote the public health, safety and welfare by:
Providing standards for education and training of massage therapists.
Providing a clean, sanitary, healthy and safe environment in which massage therapists can operate.
Promoting professionalism by prohibiting illegal acts, and encouraging ethical behavior.
Requiring insurance coverage.
Recognizing massage therapy as a legitimate business occupation and promoting the public confidence therein.
Limiting massage techniques offered to the public for valuable consideration to those dealing with preventative health care, health maintenance and rehabilitation.
Recognizing State licensing requirements and regulations.
[R.O. 1996 § 620.020; CC 1968 § 11 1/2-2; Ord. No. 2563 § 1(11 1/2-2), 4-3-1995; Ord. No. 3025 § 3, 11-3-1997; Ord. No. 3341 § 2, 10-2-2000]
It shall be unlawful for any person, firm, partnership, association or corporation, not holding a State of Missouri Massage Therapist license or provisional license, or a State of Missouri Massage Therapy business license, or a State of Missouri aesthetician license, within the City limits of Blue Springs to act as agent for or cause the solicitation, or promotion by telephone, or participate directly or indirectly in or for the operation of a massage establishment, or carry on such activities for or on behalf of any person engaged in the activity of such establishment without first obtaining a permit and/or license therefor issued by the City of Blue Springs. A separate permit shall be required for each and every separate place of business. Said permit shall be valid from March first to the last day of February of each year. No such permit shall be issued unless the massage establishment, or any person, firm, partnership, association or corporation engaged in the activity of such establishment, fully complies with the provisions of this Chapter regardless of the location of such establishment or place where such activity is conducted. The location of each such establishment or place where such activity is conducted shall at all times be on file with the Community Development Department.
It shall further be unlawful for any person, firm, partnership, association or corporation, not holding a State of Missouri Massage Therapist license or provisional license, or a State of Missouri Massage Therapy business license, or a State of Missouri aesthetician license, within the City limits of Blue Springs to participate directly or indirectly in or for the operation of business activity under a different name or designation than those herein specified for the purpose of carrying out activity or activities defined under Subsection (A) above.
It shall be unlawful for any person to perform massage therapy upon any person within the City of Blue Springs for remuneration or any type of compensation without having a current and valid massage therapist license unless said person has a valid State of Missouri Massage Therapy license or provisional license or State of Missouri aesthetician license.
[R.O. 1996 § 620.030; CC 1968 § 11 1/2-3; Ord. No. 2563 § 1(11 1/2-3), 4-3-1995; Ord. No. 3025 § 4, 11-3-1997; Ord. No. 3341 § 3, 10-2-2000]
Application for a massage therapy establishment permit or massage therapist license shall be made to the City of Blue Springs Community Development Department, in writing, and be accompanied by the required fee, on forms provided by said office which are to be fully, truthfully and accurately completed. If the applicant be a firm or corporation, it shall appoint an agent, named in the application, who shall be subject to approval by the Community Development Department and who shall have all the qualifications of a person applying for a permit. Individuals applying for a massage therapist license must be eighteen (18) years of age or older.
Permit and license terms and fees.
[R.O. 1996 § 620.040; CC 1968 § 11 1/2-4; Ord. No. 2563 § 1(11 1/2-4), 4-3-1995; Ord. No. 3341 § 4, 10-2-2000]
In order to secure a massage therapist license:
Applicant must be eighteen (18) years of age or older, verified by a birth certificate or drivers license.
Applicant must file a complete, honest and truthful application, containing a two (2) inch color portrait.
Applicant must be free from contagious or communicable diseases, documented by a certificate from a medical doctor dated within one hundred eighty (180) days of the date of application.
Applicant must be a graduate from a school providing a minimum of three hundred (300) in class hours of training in massage therapy from a school with a curriculum approved by or substantially similar to a curriculum approved by the American Massage Therapy Association, The International Myomassethics Federation, Inc., or another national or international professional massage therapy organization which has an approved massage therapy curriculum. The applicant must provide the Community Development Department with documentation of their satisfactory completion of the course or courses having an appropriate curriculum. [Registered National Certification in Therapeutic Massage and Bodywork (NCTMB) may be accepted in lieu of the three hundred-hour curriculum requirements.] [Persons renewing a license originally granted prior to April 3, 1995 shall have two (2) years from said date to comply with this provision. If they fail to comply within two (2) years their license shall expire and forfeit two (2) years from April 3, 1995. During the two (2) year grace period, they must still renew and maintain a current license.]
Applicant must provide information pertaining to their business occupation or employment for the three (3) years immediately preceding the date of the application.
Applicant must provide information pertaining to any criminal convictions, except minor traffic violations, fully disclosing the jurisdiction in which convicted and the offense for which convicted and the circumstances thereof.
Applicant must give authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.
The applicant must provide the Community Development Department with documentation that they have and maintain in full force and effect, during the license period, a policy of liability and malpractice insurance which is issued by an insurance company licensed to do business in the State of Missouri covering them for liability for death, personal injury and property damage sustained by any patron in the minimum amount of five hundred thousand dollars ($500,000.00) per person and per occurrence.
In order to secure and maintain a massage therapy establishment permit:
Premises shall comply with all applicable zoning, fire, health and building codes.
Premises and equipment shall be clean, sanitary, well maintained and free from accumulations of dust or refuse.
Premises shall be well lighted, having a minimum of one (1) one hundred watt artificial white light per room and per two hundred and fifty square feet of usable floor space.
Massage therapy shall not be operated as a home occupation in a residentially zoned area.
Items for the personal use of patrons, such as linens, sheets and towels, shall be cleaned and freshly laundered, unless disposable, and no such item, if non-disposable shall be used twice without being laundered. Disposable items must be disposed of in a sanitary manner after each use.
No alcoholic beverages shall be allowed on or permitted to be brought onto the licensed premises.
No person who is visibly under the influence of alcoholic beverages or drugs shall be allowed on the licensed premises.
No person shall be permitted to conduct themselves in a disorderly manner on the licensed premises. The licensed holder shall obey any reasonable order of the Police Department to terminate or prevent such disorderly conduct.
All employees, must be modestly attired. Flimsy, transparent, revealing, form fitting or tight clothing is prohibited.
The private parts of patrons must be covered by towels, cloths or undergarments when in the presence of an employee. Any contact with the patrons genital area or breast tissue is strictly prohibited.
The licensed premises shall be closed between the hours of 11:00 P.M. and 7:00 A.M.
There shall be a waiting room for patrons which is separate from any area wherein massage therapy is performed.
The licensed premises shall permit inspections during its regular business hours by the City of Blue Springs Police Department, Community Development Department, Fire, County and City Health Departments to determine compliance with this and other relevant City ordinances.
Persons under the age of eighteen (18) years old shall be prohibited on the premises except patrons permitted in the definition of "patron" as defined in Section 620.010.
Massage therapy establishments granted a permit under the provisions of this Chapter shall not 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 services are available other than those services as described in this Chapter or suggest that employees are dressed in any manner other than described in this Chapter, nor shall any establishment indicate in the text of such advertising that any services are available other than those services described in this Chapter.
The permits and licenses of Massage Therapy establishments and massage therapists are not transferable and such authority as a permit or license confers shall be conferred only on the person or business named therein. Any applications made, fees paid and permits or licenses obtained under the provisions of this Chapter shall be in addition to and not in lieu of any other fees, permits or licenses required to be paid or obtained under any other ordinances of this City.
The permit of the massage therapy establishment and license of every massage therapist employed thereby, shall be displayed in an open and conspicuous place on the premises and shown to officers of the City of Blue Springs upon request.
It shall be unlawful for any City permittee or licensee to fail to comply with any of the requirements or prohibitions of Subsection (A) or (B) herein. It shall also be unlawful for an exempt State of Missouri licensed person or business, as set forth in Section 620.030(C), to fail to comply with the requirements set forth for them in the laws of the State of Missouri and in the Code of State Regulations contained in 4 CSR 197-1.010 through and including 4 CSR 197-6.020.
[R.O. 1996 § 620.050; CC 1968 § 11 1/2-5; Ord. No. 2563 § 1(11 1/2-5), 4-3-1995]
Any person, firm, partnership, association, or corporation convicted of violating any of the provisions of this Chapter shall be deemed guilty of a public offense and subject to the general penalty provisions of Section 100.080 of this Code.
[R.O. 1996 § 620.060; CC 1968 § 11 1/2-6; Ord. No. 2563 § 1(11 1/2-6), 4-3-1995; Ord. No. 4589 § 10, 3-21-2016]
Any person, firm, partnership, association, or corporation convicted of violating any of the provisions of this Chapter shall forfeit any permit or license granted hereunder and said permit or license shall automatically terminate upon conviction. Furthermore, the Director of Community Development, after notice and hearing provided and conducted in accordance with the procedures set out in Chapter 140 of this Code, may suspend or revoke a permit or license for failure to comply with, or because of any violation of, any of the ordinances of the City of Blue Springs or any regulations or laws of the State of Missouri or of the United States that govern in any way the activities of this Chapter.