[Ord. No. 600, §1]
This article shall be cited as the "Massage Establishment Code."
[Ord. No. 600, §1]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
APPLICANT
Any person who applies for a permit as required by this article.
EMPLOYEE
Any person, other than a masseur or masseuse, who renders
any service to the permittee, who receives compensation or any consideration
and who has no physician contact with the permittee's customers or
clients.
MASSAGE
Any method of pressure on or friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating, or stimulating of
the external parts of the body, for medical or hygienic purposes,
with the hands or with the aid of any mechanical or electrical apparatus
or appliances with or without such supplementary aids as rubbing alcohol,
liniments, antiseptics, oils, powders, creams, lotions, ointments,
unguents or other similar preparations commonly used in this practice.
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business, wherein
massage is given, engaged in or carried on, or permitted to be given,
engaged in or carried on, for any form of consideration.
MASSEUR OR MASSEUSE
Any person who administers to another person, for any form
of consideration, massage.
OUTCALL MASSAGE SERVICE
Any business not licensed as a massage establishment under
the provisions of this article wherein massage is given, engaged in
or carried on, or permitted to be given, engaged in or carried on,
for any form of consideration, not at a fixed location, but at a location
designated by the masseur or masseuse, customer or client.
PERMITTEE
Any person receiving a permit to operate or massage establishment
or outcall massage service under the provisions of this article.
[Ord. No. 600 §1; Ord. No. 1339 §1, 2-17-1998]
The provisions of this article shall not apply to properly licensed
and certified massage therapists operating in or from an approved
establishment, hospitals, nursing homes, sanitaria, persons holding
an unrevoked certificate of entitlement to practice the healing arts
under the laws of the State, barbers and beauticians duly licensed
by the State, athletic trainers or persons working under the direction
and control of such persons or in any such establishments.
[Ord. No. 600, §1; Ord. No. 1129 §2, 10-4-1994]
(a) 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, the operation of a massage establishment
or an outcall massage service, as herein defined, without first having
obtained a permit duly issued by the administrator as set forth herein.
(b) It shall be unlawful for any person to engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, the operation of a massage establishment or outcall massage service, as herein defined, or to perform or engage in massage, as herein defined, for any form of consideration, in any "motor vehicle" as defined in section
13-1, as amended, any "trailer" as defined in sections 23-1 and 23-75, as amended, or any "vehicle" as defined in section
13-1, as amended.
(c) Application for a permit to engage in the business of massage establishment
shall be obtained from the administrator and shall contain the following:
(1)
The present address and two previous addresses (if any) within
the three years immediately prior to the present address of the individual
or partnership applicant;
(2)
Written proof that the individual or partnership applicant is
eighteen years of age or older;
(3)
Individual or partnership applicant's height, weight, color
eyes, color hair and sex;
(4)
Two portrait photographs at least two inches by two inches of
each individual or partnership applicant;
(5)
Businesses, occupations or employments of the individual or
partnership applicant for the three years immediately preceding the
date of the application;
(6)
The history of the individual or partnership applicant in the
operation of a massage establishment, outcall massage service or similar
business or occupation;
(7)
All convictions of each individual or partnership applicant
for violations of criminal statutes or ordinances;
(8)
The name, address and two portrait photographs at least two
inches by two inches of each masseur, masseuse and employee who is
to be employed in such establishments, or engaged as an independent
contractor therein, and the terms and conditions of such employment
or contract;
(9)
Written proof that each masseur, masseuse or employee to be
employed by such establishment, or engaged as an independent contractor
therein, is eighteen years of age or older;
(10)
Written proof of the training and experience in the field of
massage of each masseur and masseuse to be employed by such establishment,
or engaged as an independent contractor therein;
(11)
All convictions of each masseur, masseuse, employee or independent
contractor, of violations of criminal statutes or ordinances, other
than minor traffic violations, and lawful pardons or rehabilitative
activity related thereto;
(12)
If applicant is a corporation, each officer, director and stockholder
thereof shall furnish to the administrator the information required
in paragraphs (1) through (7) of this subsection;
(13)
If the applicant is a corporation, a photostatic copy of the
certificate of incorporation as issued by the secretary of state,
or from any other state in which incorporated; and a copy of the articles
of incorporation;
(14)
The address of the location of the premises, and a description
or drawing, map or diagram of the area of the premises to be used
as a massage establishment.
(d) Applicant for a permit to engage in the business of an outcall massage
service shall be obtained from the administrator, and shall contain
the following:
(1)
All of the information required of an applicant for a massage
establishment permit, found in paragraphs (1) through (13) of subsection
(c) of this section;
(2)
The address of the premises to be used as the base of operations,
headquarters or office of the proposed outcall massage service.
(e) [Repealed by Ord. No. 1129 §2, 10-4-1994]
(f) Upon receipt of the application for a massage establishment or outcall
massage service permit, the administrator shall refer the application
to the zoning commission, city marshal and building commissioner.
Each of these departments or divisions shall, within thirty days of
the date of submission of such application, review the submitted information
and/or make an inspection of the premises proposed to be used as a
massage establishment or outcall massage service and submit a written
report to the administrator concerning compliance with the provisions
of this article and all other applicable statutes and ordinances.
(g) The administrator shall issue such massage establishment or outcall
massage service permit if it is found:
(1)
That the operation, as proposed by applicant, complies or would
comply with all applicable statutes and ordinances, including, but
not limited to, the city's Building Code, zoning ordinances and health
ordinances;
(2)
That applicant, or if applicant is a corporation, the officers,
directors and stockholders as stated herein, the masseurs and masseuses
to be employed by such establishment or service or engaged as independent
contractors therein and employees shall be eighteen years of age or
older; and
(3)
That applicant, or if applicant is a corporation, the officers,
directors and stockholders as stated herein, the masseurs and masseuses
to be employed by such establishment or service or engaged as independent
contractors therein and employees shall be of good moral character.
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Otherwise, such permit shall be denied. In the event of denial,
notification and reasons for denial shall be set forth in writing
and shall be sent to applicant by means of certified mail or hand
delivery.
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(h) An appeal may be taken by any aggrieved party to the circuit court
of the county, pursuant to the provisions of section 536.150 of the
Revised Statutes of Missouri.
(i) The permittee shall submit to the administrator the name, address
and two portrait photographs, at least two inches by two inches, of
each masseur, masseuse, independent contractor and employee, that
is, subsequent to the issuance of the permit, employed or engaged
in such establishment during the term of the permit.
[Ord. No. 600, §1; Ord. No. 1129 §2, 10-4-1994]
(a) All permits for a massage establishment or outcall massage service
shall be for a period of one year. All permits for massage establishments
or outcall massage services issued prior to the passage of this amendment
to the Massage Establishment Code shall expire on September 30, 1980.
(b) Applications for renewal of massage establishment or outcall massage
service permits shall be obtained from the administrator and shall
contain the same information as required for an original massage establishment
or outcall massage service permit.
(c) Repealed by Ord. No. 1129 §2, 10-4-1994.
(d) Applications for renewal of massage establishments or outcall massage
service permits shall be submitted to the administrator within thirty
days of the date of expiration of such permit, and a determination
on such renewal application shall be made within thirty days of the
receipt of the application.
(e) Notification and appeal procedures with regard to renewal of permits shall be the same as required in section
12-30.
[Ord. No. 600, §1]
The administrator is authorized to promulgate reasonable rules
and regulations pertaining to the sanitary requirements for the operation
of massage establishments, and outcall massage services. The permittee,
masseurs, masseuses, employees and customers shall comply with all
such rules and regulations as promulgated herein.
[Ord. No. 600, §1]
The possession and/or consumption of alcoholic beverages on
the premises of any massage establishment is hereby prohibited and
the permittee shall be held responsible if any alcohol is possessed
or consumed on the premises.
[Ord. No. 600, §1]
No massage establishment or outcall massage service permit shall
be transferable except upon first having obtained a new permit from
the administrator pursuant to all of the requirements for a new applicant.
For purposes of this section, a "transfer" shall be deemed to
have taken place if there is any change in an individual permittee,
any change in any partner in a partnership permittee, or any change
in an officer, director or stockholder of a corporate permittee.
[Ord. No. 600, §1]
Any massage establishment or outcall massage service located
in the city shall not be open, nor conduct operation, between the
hours of 1:30 A.M. and 6:00 A.M.
[Ord. No. 600, §1]
Any person who violates any of the provisions of this article
shall, upon conviction, be sentenced to not more than six months,
or not more than a five hundred dollar fine, or by both such sentence
and fine.