[Ord. No. 226 §1]
For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
MASSAGE
Any method or 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 appliance with or without such supplementary aids as rubbing alcohol, liniment, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.
MASSAGE ESTABLISHMENT
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 Chapter.
MASSEUR OR MASSEUSE
Any person who, for any consideration whatsoever, engages in the practice of massage as herein defined.
EMPLOYEE
Any and all persons, other than the masseurs or masseuses, who render any service to the permittee, who received compensation directly from the permittee, and who have no physical contact with the customers and clients.
PERSON
Any individual, co-partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
RECOGNIZED SCHOOL
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 to be given in no more than three (3) 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 and which school has been recognized and approved by the Government of the State of Missouri.
[Ord. No. 226 §2]
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 Herculaneum, Missouri, the operation of a massage establishment as herein defined, without first having obtained a permit from the Office of the City Collector.
[Ord. No. 226 §3]
Every applicant for a permit to maintain, operate or conduct a massage establishment shall file an application with the Office of the City Collector and pay a filing fee of one hundred and fifty dollars ($150.00) which shall not be refundable if the permit is issued.
[Ord. No. 226 §4]
A. 
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 therein and the name and address of each applicant. In addition to the foregoing, each 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 2" x 2" 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.
[Ord. No. 226 §5]
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 Office of the City Collector upon a form provided by said City Collector and shall pay a filing fee of one hundred and fifty dollars ($150.00) which shall not be refundable if the permit is issued.
[Ord. No. 226 §6]
A. 
The application for a masseur 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 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 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.
[Ord. No. 226 §7]
When an application is filed for a massage establishment permit, under this Chapter, the Board of Aldermen shall fix a time and a place for a public hearing where applicant may present evidence upon the question of his application. Not less than ten (10) days before the date of such hearing, the City Clerk shall cause to be published a notice of such hearing in a newspaper of general circulation in the City of Herculaneum, Missouri, and qualified to publish legal matters.
[Ord. No. 226 §8; Ord. No. 031-2007 §§1 — 2, 10-22-2007]
A. 
The City Clerk of Herculaneum, Missouri, may, at the direction of the Board of Aldermen, issue a permit for a massage establishment within fourteen (14) days following the public hearing if all requirements for a massage establishment described in this Chapter are met, beginning November first (1st) each year, is paid to the City Clerk for a massage establishment, unless the Board of Aldermen finds:
1. 
The operation as proposed by the application, if permitted, would not have complied with all applicable laws including, but not limited to, the Building, Health, Housing, Zoning and Fire Codes of the City of Herculaneum, Missouri.
2. 
That the applicant and 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 or a lewd or unlawful act, prostitution or pandering.
The Board of Aldermen, in their discretion, may cause to be issued by the City Clerk a permit to any person convicted of any of the crimes in Subsection 2 (a), (b) and (c) if he 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.
[Ord. No. 226 §9]
A. 
The City Collector may, at the direction of the Board of Aldermen, issue a masseur or masseuse permit within fourteen (14) days following application, unless the Board of Aldermen 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.
The Board of Aldermen in their discretion, may cause to be issued by the City Collector a permit to any person convicted of such crimes if they find that such conviction occurred at least three (3) years prior to the date of the application and the applicant has had no subsequent convictions.
[Ord. No. 226 §10]
Any permit issued for a massage establishment may be revoked or suspended by the Board of Aldermen, where it is found that any of the provisions of this Chapter are violated or where the permittee, including a masseur or masseuse has been convicted of any offense found in Section 625.090 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 City of Herculaneum Building Commissioner to inspect the premises of the operations herein. The Board of Aldermen, before revoking or suspending any permit, shall give the permittee at least ten (10) days written notice of the charges against him and the opportunity for a public hearing before the Board of Aldermen, at which time the permittee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing.
[Ord. No. 226 §11]
A masseur or masseuse permit issued by the City Collector shall be revoked or suspended after a public hearing before the Board of Aldermen where it appears that the masseur or masseuse has been convicted of any offenses enumerated in Section 625.090 (1 — 3). The Board of Aldermen, 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 conviction record and the opportunity for a public hearing before the Board of Aldermen, at which hearing the Board of Aldermen shall determine the relevant facts regarding the occurrence of the conviction. In such cases, the charges shall be specific and in writing.
[Ord. No. 226 §12]
A. 
No permit to conduct a massage establishment shall be issued unless an inspection by the Building Commissioner reveals that the establishment complies with each of the following minimum requirements.
1. 
Construction of rooms used for toilets, tubs, steambaths and showers shall be waterproof with approved 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 water closet has been provided. Toilets shall be designated as to the sex accommodated therein.
3. 
Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or wash basins shall be provided with soap in a dispenser with sanitary towels.
The Building Commissioner shall certify to the Board of Aldermen that the proposed massage establishment complies with all of the requirements of this Section of this Chapter.
[Ord. No. 226 §13]
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. Provisions for a separate dressing room for each sex must be available on the premises.
C. 
All employees, masseurs and masseuses must be modestly attired. Transparent clothing is prohibited. Clothing must cover the employee's, masseurs', or masseuses' chests and genital areas at all times.
D. 
The private parts of 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 a 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. 
Advertising. 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 this Section of this Chapter, nor shall any massage establishment indicate in the text of such advertising that any service is available other than those services defined as a "Massage" in Section 625.010 hereof.
H. 
All services defined as a "Massage" herein must be carried on in one cubicle, room, booth or area within the massage establishment. No service defined as a "Massage" herein 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 Midnight (12:00 a.m.).
[Ord. No. 226 §14]
Every person who engages in or conducts a massage establishment shall keep a daily register, approved as to form by the Building Commissioner 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 Building Commissioner or his authorized representative and shall be kept on file for one (1) year.
[Ord. No. 226 §15]
The Building Commissioner or his authorized representative shall from time to time and at least twice a year, make an inspection of each massage establishment in the City of Herculaneum, Missouri, 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 or to hinder the Commissioner or his representative in any manner.
[Ord. No. 226 §16]
No permit shall be transferable except with the written consent of the Board of Aldermen; 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.
[Ord. No. 226 §17]
Operators of any massage establishment in operation on November 14, 1981 are required to comply with all provisions of this Chapter within thirty (30) days of the said date. 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 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 had first-hand knowledge of his or her continuous year of experience.
[Ord. No. 226 §18]
This Chapter shall not apply to hospitals, nursing homes, sanitariums, 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.
[Ord. No. 226 §19]
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 massage or conducts a massage establishment without first obtaining a permit and paying a license fee to do so from the City of Herculaneum, Missouri, or shall violate any of the provisions of this Chapter shall be guilty of a misdemeanor. Upon conviction such person shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment for a period not to exceed ninety (90) days or by both such fine and imprisonment.