[CC 1996 §620.010; CC 1981 §645.010; Ord. No. 360 §3, 11-18-1974]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
CHIEF OF POLICE
The duly appointed Chief of Police of the City of Breckenridge Hills, Missouri, or his/her duly authorized representative.
CITY
Territory located within the City limits of the City of Breckenridge Hills, Missouri.
CITY CLERK
The duly appointed City Clerk of the City of Breckenridge Hills, Missouri, or his/her duly authorized representative.
EMPLOYEE
Any and all persons, other than the masseurs or masseuses or attendants who render any service to the licensee, who receive compensation directly from the licensee and who have no physical contact with customers or clients.
HEALTH COMMISSIONER
The duly appointed Health Commissioner of the City of Breckenridge Hills, Missouri, or his/her authorized representative.
MASSAGE BUSINESS
Any place of business in which massage therapy is practiced.
MASSAGE THERAPIST
A health care practitioner who provides or offers to provide massage therapy, as provided in Sections 324.240 to 324.275, RSMo., to any person at no cost or for a fee, monetary or otherwise, implying that the massage therapist is trained, experienced and licensed in massage therapy, and who holds a current, valid license to practice massage therapy.
MASSAGE THERAPY
A health care profession which 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 defined in Chapter 329, RSMo.
PERSON
Any individual, partnership, firm, association, joint stock company, limited liability company, corporation or combination of individuals of whatever form or character.
[CC 1996 §620.020; CC 1981 §645.020; Ord. No. 360 §4, 11-18-1974]
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 within the City limits of the City of Breckenridge Hills, Missouri, the operation of a massage business, as herein defined, without first having obtained a license from the City Clerk after approval by the City Council as provided for in this Chapter.
[CC 1996 §620.030; CC 1981 §645.030; Ord. No. 360 §5, 11-18-1974]
A. 
Any person desiring to secure a license to operate or conduct a massage business under the provisions of this Chapter shall make application therefor. Applications shall be obtained from the City Clerk. The original thereof shall be filed with the City Clerk and one (1) copy thereof shall be left with the Police Department. Such application shall be upon a form prepared by the City Clerk and shall contain such information and data as may be required by the City Clerk including, but not limited to, the following:
1. 
The name and residential address of the applicant for the previous five (5) years and length of time such person has resided at the stated location;
2. 
The street address of the premises for which the license is desired;
3. 
The name of the owner of the premises upon which the place of business is to be located;
4. 
Written proof that the applicant is a citizen of the United States and is at least twenty-one (21) years of age;
5. 
A statement of all businesses, occupations or employments of the applicant for the three (3) years immediately preceding the date of the application;
6. 
The history of the applicant in operation of a massage business or similar business or occupation including, but not limited to, whether or not such person in previously operating in this City or another City or State under a license or permit has had such license or permit revoked or suspended and the reason therefor and the business activity or occupation of the applicant subsequent to such action of suspension or revocation;
7. 
The qualifications, including any course of study or experience, of applicant to operate and conduct the business of a massage business;
8. 
A statement of all criminal convictions other than those for traffic violations;
9. 
The name and address of each attendant, masseur or masseuse who is or will be employed in said massage business;
10. 
Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application;
11. 
If the applicant is a corporation, the name and residence of each of the officers and directors of said corporation and of each stockholder owning more than ten percent (10%) of the stock of the corporation shall be set forth;
12. 
Applicant's Social Security number and/or Federal tax identification number;
13. 
Applicant shall furnish information from which the City can determine whether the attendants, masseurs, masseuses or employees who work in or will work in applicant's massage business are employed on a salary or other fixed compensation basis or are employed as independent contractors whose compensation is based upon a percentage of the fee or money paid by the customer or client for a massage. If such attendant, masseur, masseuse or employee is an independent contractor, applicant shall file with his/her application a copy of all written agreements wherein the terms of such status are set forth and applicant shall furnish information showing the amounts of said fee or money paid or to be paid and the method of computation thereof under such agreements.
[CC 1996 §620.040; CC 1981 §645.040; Ord. No. 360 §6, 11-18-1974]
Any application for a premises license under the provisions of this Chapter shall be accompanied by a petition consenting to the issuance of such license signed by a majority of the persons owning any property located within a radius of one thousand (1,000) feet from the center of the front of the premises for which the license is sought hereunder and a majority of the persons, if any, occupying such property or conducting any business on such property. Any application not accompanied by such a petition shall be rejected by the City Clerk.
[CC 1996 §620.050; CC 1981 §645.050; Ord. No. 360 §7, 11-18-1974]
All applications for a premises license shall be accompanied by an initial application fee of two hundred fifty dollars ($250.00), no part of which shall be refundable.
[CC 1996 §620.060; CC 1981 §645.060; Ord. No. 360 §8, 11-18-1974]
Upon receipt of an application for a premises license required by this Chapter, the Chief of Police shall investigate the applicant for the purpose of determining the fitness of the applicant and the City Clerk shall, by investigation, determine whether the applicant is qualified to operate or pursue the business for which the license is desired. No such license shall be issued until the Chief of Police and City Clerk shall have approved such application. Such investigations by the Chief of Police and City Clerk shall be promptly made and in no event shall more than thirty (30) days from the date of filing the application be required for the making of such investigations.
[CC 1996 §620.070; CC 1981 §645.070; Ord. No. 360 §9, 11-18-1974]
A. 
If the application is in the proper form and accompanied by the petition and license fee as herein provided and if the premises and operation as proposed by applicant comply with all applicable laws and ordinances including, but not limited to, the City's building codes, zoning laws and health regulations, the City Clerk shall, upon approval of the Chief of Police and upon making his/her own favorable determination of the qualification of applicant, submit the license application to the City Council for issuance or denial, except that in no event shall a premises license be issued to:
1. 
Any person who is not of good character and reputation in the community of his/her residence;
2. 
Any person who, within five (5) years immediately preceding the date of making application, has been convicted of a felony or of any crime or offense involving moral turpitude or the use of force and violence upon the person of another;
3. 
Any person for the establishment or operation of a massage business at any premises in any district of the City zoned for residential use.
[CC 1996 §620.080; CC 1981 §645.080; Ord. No. 360 §10, 11-18-1974]
All premises licenses issued under the provisions of this Chapter shall expire at Midnight on the thirty-first (31st) day of May and thirtieth (30th) day of November each year. Any such license may be renewed upon filing a request therefor with the City Clerk no earlier than May first (1st) and no later than May thirty-first (31st) of each year for licenses expiring on May thirty-first (31st) and no earlier than November first (1st) and no later than November thirtieth (30th) for licenses expiring on November thirtieth (30th) and by paying the renewal fee hereinafter provided. Any request for renewal of a premises license shall be accompanied by such information as the City Clerk may request.
[CC 1996 §620.090; CC 1981 §645.090; Ord. No. 360 §11, 11-18-1974]
A. 
A semi-annual renewal fee of two hundred fifty dollars ($250.00) shall be required for the premises license.
B. 
No rebate or return of any portion of the license fee shall be made in case the license is revoked for any cause provided under this Chapter. The license fees herein imposed shall be in addition to any other license fee, excise tax or occupational tax levied or otherwise imposed by the City.
[CC 1996 §620.100; CC 1981 §645.100; Ord. No. 360 §12, 11-18-1974]
The license issued to any owner or operator of any massage business shall be kept posted in an open and conspicuous place on the premises licensed as a massage business.
[CC 1996 §620.110; CC 1981 §645.110; Ord. No. 419 §§1 — 2, 2-21-1977]
A. 
There shall not be more than one (1) massage business existing and operating in the municipal limits of the City of Breckenridge Hills, Missouri, at any one time and same shall be at one (1) location only, provided said massage business complies with all Federal, State, County and local Statutes, ordinances, rules and regulations.
B. 
It is the purpose and intent of this Section to regulate and limit the number of massage businesses in the City of Breckenridge Hills, Missouri, for reasons of health, safety and welfare and not to condone or approve of the operation of any existing massage business in the municipal limits of the City of Breckenridge Hills, Missouri.
[CC 1996 §620.120; CC 1981 §645.120; Ord. No. 360 §13, 11-18-1974]
Every person who owns or conducts a massage business shall keep a daily register, approved as to form by the City Clerk, 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 the City Clerk, City Health Commissioner and by the members of the Breckenridge Hills Police Department and shall be kept on file for one (1) year.
[CC 1996 §620.130; CC 1981 §645.130; Ord. No. 360 §14, 11-18-1974]
A. 
All premises used by licensees hereunder shall be subject to periodic inspection by the City and its duly authorized representatives for the safety of the structure and the propriety of plumbing, ventilation, heating and sanitation.
B. 
One (1) artificial white light of not less than forty (40) watts shall be provided and be lighted in each room where a massage is being administered.
C. 
The walls shall be clean and painted with an approved washable mold-resistant paint in all rooms where water or steam baths are given.
D. 
Floors shall be free from any accumulation of dust, dirt or refuse.
E. 
All equipment used in the massage operation shall be maintained in a clean and sanitary condition.
F. 
Towels, sheets and linens of all types shall be clean and freshly laundered and shall not be used for more than one (1) person.
G. 
Dressing and locker facilities shall be available for patrons. Security deposit facilities shall be available for the protection of the valuables of the patrons.
[CC 1996 §620.140; CC 1981 §645.140; Ord. No. 360 §15, 11-18-1974]
A. 
It shall be unlawful for any attendant or masseur or masseuse to massage any individual customer in such a manner as to result in a sexual orgasm by the individual being massaged.
B. 
It shall be unlawful for any attendant, masseur or masseuse to massage any individual customer in a manner which is reasonably calculated to sexually stimulate or arouse the person being massaged. Intentional touching of the genitals of a person being massaged by an attendant, masseur or masseuse constitutes prima facie evidence of an attempt to sexually arouse or stimulate such person.
[CC 1996 §620.150; CC 1981 §645.150; Ord. No. 360 §16, 11-18-1974]
No owner, operator or employee of such owner or operator of a massage business shall perform any duty in connection with the operation of such business, nor shall any person provide baths or body massages or either of them to members of the general public unless such person shall be fully licensed as an attendant as provided for in this Chapter.
[CC 1996 §620.160; CC 1981 §645.160; Ord. No. 360 §17, 11-18-1974]
A. 
Any person desiring to secure an attendant's license under the provisions of this Chapter shall make application therefor in the manner provided for with respect to premises licenses. Such application, in addition to the information required in connection with a premises license, shall include the following:
1. 
The street address of the premises where applicant proposes to perform services;
2. 
The name and address of the holder of the premises license for such premises;
3. 
The name and address of the proposed supervisor of applicant, if different from Subparagraph (2) above; and
4. 
A copy of his/her Missouri State massage therapist's license.
B. 
Such application shall be accompanied by the license fee provided for in Section 615.200 hereof.
[CC 1996 §620.170; CC 1981 §645.170; Ord. No. 360 §18, 11-18-1974]
Upon filing of an application for an attendant's license as required by this Chapter, the Chief of Police shall investigate the applicant for the purpose of determining the fitness of the applicant and the City Clerk shall, by investigation, determine whether the applicant is qualified to pursue the occupation for which a license is desired. In making his/her investigation, the City Clerk is also authorized to require satisfactory proof that the applicant is free from communicable diseases. No such license shall be issued until the Chief of Police and the City Clerk shall have approved such application. Such investigations by the Chief of Police and City Clerk shall be promptly made and in no event shall more than thirty (30) days from the date of filing the application be required for the making of such investigation.
[CC 1996 §620.180; CC 1981 §645.180; Ord. No. 360 §19, 11-18-1974]
A. 
If the application is in the proper form and accompanied by the license fee as herein provided, the City Clerk shall, upon approval of the Chief of Police and upon making his/her own favorable determination of the qualification of applicant, issue the license as herein provided, except that in no event shall an attendant's license be issued to:
1. 
Any person who is not of good character and reputation in the community of his/her residence;
2. 
Any person who within five (5) years immediately preceding the date of making application has been convicted of a felony or of any crime or offense involving moral turpitude;
3. 
Any person for the performance of duties in connection with the operation of any massage business at a premises which is not licensed as herein required; or
4. 
Any person who suffers from or carries any communicable disease.
[CC 1996 §620.190; CC 1981 §645.190; Ord. No. 360 §20, 11-18-1974]
All attendant licenses issued under the provisions of this Chapter shall expire at Midnight on the thirtieth (30th) day of April and the thirty-first (31st) day of October each year. Any such license may be renewed upon filing a request therefor no earlier than April first (1st) and no later than April thirtieth (30th) for licenses expiring on April thirtieth (30th) and no earlier than October first (1st) and no later than October thirty-first (31st) for licenses expiring on October thirty-first (31st) and by paying the renewal fee hereinafter provided.
[CC 1996 §620.200; CC 1981 §645.200; Ord. No. 360 §21, 11-18-1974]
A. 
The following fees are hereby prescribed for the attendant's license herein required:
1. 
Initial application fee. Twenty-five dollars ($25.00).
2. 
Semi-annual renewal fee. Twelve dollars fifty cents ($12.50).
B. 
No rebate or return of any portion of the license fee shall be made in case the license is revoked for any cause provided under this Chapter. The license fees herein imposed shall be in addition to any other license fee, excise tax or occupational tax levied or otherwise imposed by the City.
[CC 1996 §620.210; CC 1981 §645.210; Ord. No. 360 §22, 11-18-1974]
The license issued to any attendant, masseur or masseuse at a massage business shall be exhibited upon demand by any proper official of the City or by any patron of such place of business.
[CC 1996 §620.220; CC 1981 §645.220; Ord. No. 360 §23, 11-18-1974]
A. 
The City Council of the City may revoke any license issued hereunder for any of the following reasons:
1. 
If a licensee has obtained a license by giving false information in the application therefor;
2. 
If the licensee has violated any of the provisions of this Chapter;
3. 
If the licensee has become ineligible to obtain a license under this Chapter;
4. 
For the non-payment of any license fee payable hereunder;
5. 
For the employment by a licensee of any person not licensed as provided herein;
6. 
For the conviction of a felony or other crime or offense involving moral turpitude; or
7. 
For the refusal or neglect of any licensee to submit to physical examination or furnish laboratory tests as herein prescribed within five (5) days after request for same by the City Clerk or failure for a like period of time to comply with any health regulation of the City or of St. Louis County.
[CC 1996 §620.230; CC 1981 §645.230; Ord. No. 360 §24, 11-18-1974]
Any person who shall have been issued a license provided for in this Chapter and whose license shall have been revoked as herein provided shall not be eligible to apply for a license for a period of one (1) year from and after the date of revocation and no location or premises wherein a premises license has been revoked shall be used as a massage business for six (6) months following the date of revocation.
[CC 1996 §620.240; CC 1981 §645.240; Ord. No. 360 §25, 11-18-1974]
The licensee in the operation of a business licensed hereunder or in the performance of services as a licensed attendant as provided by this Chapter shall at all times comply with all of the sanitary and health requirements, rules and regulations of the City and of St. Louis County and of all ordinances of the City.
[CC 1996 §620.250; CC 1981 §645.250; Ord. No. 360 §26, 11-18-1974]
All persons licensed as attendants (masseurs or masseuses) shall take such physical examinations and laboratory tests by licensed physicians and recognized laboratories as the City Clerk deems necessary, the costs for such examinations and laboratory tests to be paid for by the applicant. The results of such examinations shall be filed with the City Clerk. Physical examinations and laboratory tests by licensed physicians and approved laboratories may be required from licensees at the time of the original application and, in addition, at such intervals of time as may be prescribed by the City Clerk.
[CC 1996 §620.260; CC 1981 §645.260; Ord. No. 360 §27, 11-18-1974]
Officials of the City, including the Health Commissioner, the Director of Public Works, the City Clerk and the Chief of Police, shall have the right to enter the premises from time to time during regular business hours and at other reasonable times for the purpose of making inspections to enforce compliance with building, fire, electrical, plumbing or health regulations and for the purpose of determining compliance with the provisions of this Chapter and other provisions of law.
[CC 1996 §620.270; CC 1981 §645.270; Ord. No. 360 §28, 11-18-1974]
The provisions of this Chapter shall not apply to hospitals, nursing homes, sanitariums, persons holding an unrevoked certificate of entitlement to practice the healing arts under the laws of the State of Missouri or persons working under the direction and control of such persons or in any such establishment.
[CC 1996 §620.280; CC 1981 §645.280; Ord. No. 360 §29, 11-18-1974]
No license issued pursuant to the provisions of this Chapter may be assigned or transferred by the holder thereof and no person shall be able to operate the business of a massage business or to act as an attendant therein except a person who shall have been issued a valid license therefor hereunder.
[CC 1996 §620.310; CC 1981 §645.310; Ord. No. 360 §32, 11-18-1974]
The City Clerk and Chief of Police are hereby authorized and directed to do and perform all necessary acts and things required to be done or performed in order to implement the provisions of this Chapter.