[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:
The duly appointed Chief of Police of the City of Breckenridge
Hills, Missouri, or his/her duly authorized representative.
Territory located within the City limits of the City of Breckenridge
Hills, Missouri.
The duly appointed City Clerk of the City of Breckenridge
Hills, Missouri, or his/her duly authorized representative.
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.
The duly appointed Health Commissioner of the City of Breckenridge
Hills, Missouri, or his/her authorized representative.
Any place of business in which massage therapy is practiced.
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.
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.
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.
[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]
[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 §620.300; CC 1981 §645.300; Ord. No. 360 §31, 11-18-1974]
All license fees received under the provisions of this Chapter
shall be paid into the General Revenue Fund.
[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.
