[R.O. 1992 § 615.010; CC 1984 § 53.010]
It is hereby declared that the business of operating massage
establishments as defined herein is a business affecting the public
health, safety and general welfare.
[R.O. 1992 § 615.020; CC 1984 § 53.020]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
Any and all persons, other than the masseurs or masseuses,
who render any service to the permittee, who receives compensation
directly from the permittee, and who have no physical contact with
the customers and clients.
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.
An individual who possesses teaching credentials satisfactory
to the board for the purpose of teaching massage therapy.
An individual, corporation, association or other legal entity.
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 not 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 State of Missouri.
[R.O. 1992 § 615.030; CC 1984 § 53.030]
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 Camdenton, the operation of a
massage establishment as herein defined, without first having obtained
a permit from the Mayor and Board of Aldermen.
[R.O. 1992 § 615.040; CC 1984 § 53.040]
Every applicant for a permit to maintain, operate or conduct
a massage establishment shall file an application with the Mayor and
Board of Aldermen and pay a filing fee of one hundred fifty dollars
($150.00) which shall not be refundable.
[R.O. 1992 § 615.050; CC 1984 § 53.050]
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, any 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 two (2) by two (2) inches,
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.
[R.O. 1992 § 615.060; CC 1984 § 53.060]
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 Mayor
and Board of Aldermen upon a form provided by said Mayor and Board
of Aldermen and shall pay a filing fee of one hundred fifty dollars
($150.00) which shall not be refundable.
[R.O. 1992 § 615.070; CC 1984 § 53.070]
A.
The application for a masseur or masseuse 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 of
court in which the conviction was obtained and the 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.
[R.O. 1992 § 615.080; CC 1984 § 53.080]
When an application is filed for a massage establishment permit
under this Chapter, the Mayor and Board of Aldermen shall fix a time
and a place for a public hearing where applicant may present evidence
upon the question of his/her application. Not less than ten (10) days
before the date of such hearing, the Mayor and Board of Aldermen shall
cause to be posted a notice of such hearing in a conspicuous place
on the property in which or on which the proposed massage establishment
is to be operated. The applicant shall maintain said notice as posted
for a required number of days.
[R.O. 1992 § 615.090; CC 1984 § 53.090]
A.
The Mayor and Board of Aldermen may issue a permit within fourteen
(14) days following a hearing if all requirements for a massage establishment
described in this Chapter are met and a license fee in the amount
of three hundred dollars ($300.00) per year, beginning June 1 each
year, is paid to the City Clerk for a business license, and may issue
a permit to all persons who apply to perform massage services unless
he/she 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 Camdenton.
2.
The applicant and any other person who will be directly engaged
in the management and operation of a massage establishment has been
convicted of:
B.
The Mayor and Board of Aldermen in their discretion may issue a permit
to any person convicted of any of the crimes in Subsection(A)(2)(a),(b)
and (c) if he/she 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.
[R.O. 1992 § 615.100; CC 1984 § 53.100]
A.
The Mayor and Board of Aldermen may issue a masseur or masseuse permit
within twenty-one (21) days following application, unless he/she finds
that the applicant for the masseur or masseuse permit has been convicted
of:
B.
The Mayor and Board of Aldermen at their discretion may issue a permit
to any person convicted of such crimes if he/she 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.
[R.O. 1992 § 615.110; CC 1984 § 53.110]
Any permit issued for a massage establishment may be revoked or suspended by the Mayor and 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 615.100(A)(1), (2) or (3), 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 Police Officer or Health Inspector of the City of Camdenton to inspect the premises or the operations therein. The Mayor and Board of Aldermen before revoking or suspending any permit, shall give the premises at least ten (10) days' written notice of the charges against him/her and the opportunity for a public hearing before the Mayor and 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.
[R.O. 1992 § 615.120; CC 1984 § 53.120]
A.
A masseur or masseuse permit issued by the Mayor and Board of Aldermen shall be revoked or suspended after a public hearing before the Mayor and Board of Aldermen where it appears that the masseur or masseuse has been convicted of any offenses enumerated in Section 615.100(A)(1), (2), or (3).
B.
The Mayor and 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/her
conviction record and the opportunity for a public hearing before
the Mayor and Board of Aldermen, at which hearing the Mayor and Board
of Aldermen shall determine the relevant facts regarding the occurrence
of the conviction.
[R.O. 1992 § 615.130; CC 1984 § 53.130]
A.
No permit to conduct a massage establishment shall be issued unless
an inspection by the Director of Public Health or his/her authorized
representative 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 waterproofed with approved waterproof 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 (1) time. Urinals may be substituted for water closets
after one (1) 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.
Laboratories or wash basins shall be provided with soap in a dispenser
and with sanitary towels.
B.
The Director of Public Health shall certify that the proposed massage
establishment complies with all of the requirements of this Section
of the Chapter and shall give or send such certification to the Mayor
and Board of Aldermen.
[R.O. 1992 § 615.140; CC 1984 § 53.140]
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 whose
use is restricted to the massage establishment. Provisions for a separate
dressing room for each sex must be available on the premises with
individual lockers for each employee. Doors to such dressing rooms
shall open inward and shall be self-closing.
C.
All employees, masseurs, and masseuses must be modestly attired.
Diaphanous, flimsy, transparent, form fitting, or tight clothing is
prohibited. Clothing must cover the employee's masseurs'
or masseuses' chests at all times. Hemlines of skirts, dresses
or other such attire may be no higher than the top of the knee.
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 approved, 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 Section 615.020 of this Chapter, or that employees, masseurs, or masseuses, are dressed in any manner other than described in this Section, nor shall any massage establishment indicate in the text of such advertising that any service is available other than those services described in Section 615.020.
H.
All services enumerated in Section 615.020 of this Chapter must be carried on in one (1) cubicle, room, booth, or area within the massage establishment. No service enumerated in Section 615.020 of this Chapter 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 6:00 P.M.
[R.O. 1992 § 615.150; CC 1984 53.150]
Every person who engages in or conducts a massage establishment
shall keep a daily register, approved as to form by the Mayor and
Board of Aldermen 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 Health Department officials and by the Police Department
and shall be kept on file for one (1) year.
[R.O. 1992 § 615.160; CC 1984 § 53.160]
The Police Department and the Department of Public Health shall
from time to time and at least twice a year, make an inspection of
each massage establishment in the City of Camdenton, for the purpose
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 officer access to the premises or to hinder such officer
in any manner.
[R.O. 1992 § 615.170; CC 1984 53.170]
No permit shall be transferable except with the written consent
of the Mayor and Board of Aldermen and the approval of the Department
of Public Health; 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 the orderly transfer
of permit.
[R.O. 1992 § 615.180; CC 1984 § 53.180]
A.
Holders of any outstanding massage establishment permit heretofore
issued under any provision of law are required to comply with all
provisions of this Chapter.
B.
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 from the owner of the establishment
where the continuous year of 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 firsthand knowledge of his/her or her continuous year
of experience.
[R.O. 1992 § 615.190; CC 1984 § 53.190]
All persons who possess any outstanding permit heretofore issued
as either the operator of a massage establishment or as a masseur
or masseuse must file for a new permit within six (6) months of the
effective date of this Chapter.
[R.O. 1992 § 615.200; CC 1984 § 53.200; Ord. No. 1715-98 § 1, 9-22-1998; Ord. No. 1726-98 § 1, 12-15-1998]
A.
The provisions of this Chapter shall not apply to the following:
1.
Hospitals, clinics, nursing homes, or sanitariums, or to persons
working in any such establishments;
2.
Physicians, surgeons, nurses, chiropractors, physical therapists,
osteopaths or massage therapists holding a certificate of registration
or authority, or any permit or license from the State of Missouri
to practice the healing arts under the laws of the State of Missouri
or to persons working under the direction of any such persons;
3.
Cosmetologists, estheticians, or instructors or students of
cosmetology or any practices of cosmetology, holding a certificate
of registration or authority, or any permit or license from the State
of Missouri to practice cosmetology under the laws of the State of
Missouri.
[R.O. 1992 § 615.210; CC 1984 § 53.210]
The Mayor and Board of Aldermen may after a public hearing,
make and enforce reasonable rules and regulations not in conflict
with, but to carry out, the intent of this Chapter.
[R.O. 1992 § 615.220; CC 1984 § 53.220]
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 Camdenton or shall violate
any of the provisions of this Chapter shall be guilty of an ordinance
violation.
