Cross References — Nuisances, ch. 225; licenses, ch. 605; offenses, chs. 210 — 220; zoning, ch. 400.
[CC 1976 §19½-1; Ord. No. 1257 §1, 1-2-1979; Ord. No. 2045 §3, 6-2-1998; Ord. No. 2060 §1, 9-15-1998]
The following words and terms have the meanings ascribed to them herein:
APPLICANT
Any person who applies for a license as required by this Chapter.
CITY
That area within the municipal boundaries of the City of Pacific, Missouri.
EMPLOYEE
Any person, other than a massage therapist, masseur or masseuse, who renders any service to the licensee or customer and who receives compensation or any consideration, and who has no physical contact with the licensee's customers or clients.
FELLATIO
Oral stimulation of the penis.
LICENSEE
Any person receiving a license to operate a massage establishment or outcall massage service under the provisions of this Chapter.
MASSAGE
Any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating 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, ointment, 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, for any form of consideration.
MASSAGE THERAPIST
Any person who administers a massage for any form of consideration, who has successfully completed a program of study in massage therapy approved by and duly licensed by the Missouri Board of Healing Arts, and who has received a certificate to administer massage therapy by the Missouri Board of Healing Arts.
MASSEUR OR MASSEUSE
Any person who is not a massage therapist, who administers a massage to another person, for any form of consideration.
MASTURBATION
Stimulation of the genital organs achieved by manual or other bodily contact exclusive of sexual intercourse.
OUTCALL MASSAGE SERVICE
Any business not licensed as a massage establishment under the provisions of this Chapter 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 massage therapist, masseur or masseuse, customer or client.
PERSON
Any individual, co-partnership, firm, association, company, corporation or combination of individuals of whatever form or character.
PROSTITUTION
The act or practice or promise of indulging in, or solicitation of promiscuous sexual relations for money.
[CC 1976 §19½-2; Ord. No. 1257 §2, 1-2-1979; Ord. No. 2045 §4, 6-2-1998; Ord. No. 2418 §1, 12-7-2004]
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 outcall massage service as herein defined without first having obtained a business license through the City of Pacific in accordance with Chapter 605 of the Code of the City of Pacific, Missouri, and first having obtained a license for such business and practice as may be required by State law.
B. 
An application for a license to engage in the business of a massage establishment or outcall massage service shall be obtained from the City Clerk and shall contain the following information:
1. 
The name and address of the applicant;
2. 
The name and address of each massage therapist, masseur, masseuse or employee who is currently, or to the knowledge of applicant will be, employed in such establishment or service or who will work as an independent contractor therein and the terms and conditions of such employee or contract;
3. 
If the applicant is a corporation, the name and address of the officers and directors of said corporation and of each stockholder of the corporation. Each of the aforementioned officers, directors and stockholders shall be required to furnish the same information as to the individual or partnership applicant stated herein;
4. 
The address and location of proposed massage establishment.
C. 
A license tax shall be required and paid by each massage business licensed under Chapter 605 of the Code of the City of Pacific, Missouri.
D. 
Operation of a massage therapy business or services by any business other than a business licensed in the State of Missouri pursuant to Section 324.247, RSMo., shall be prohibited.
E. 
It shall be unlawful for any person to conduct activities or business subject to Subsection (A) without having first paid the license tax required herein or in operating such business in violation of zoning or other State or local regulation.
[1]
Editor's Note — Ord. no. 2418 §2, adopted December 7, 2004, repealed section 645.030 "license application fee — investigation — standards for issuance — denial" in its entirety. Former section 645.030 derived from CC 1976 §19½-3; ord. no. 1257 §3, 1-2-79; ord. no. 2045 §5, 6-2-98; ord. no. 2270 §1, 2-5-02; ord. no. 2383 §1, 5-4-04. This section has been reserved for the city's future use.
[CC 1976 §19½-4; Ord. No. 1257 §4, 1-2-1979; Ord. No. 2045 §6, 6-2-1998; Ord. No. 2271 §1, 2-5-2002; Ord. No. 2383 §2, 5-4-2004]
A. 
The business license fee for a massage establishment or outcall massage service employing properly licensed massage therapists, masseurs and masseuses including properly licensed and certified massage therapists operating in or from an approved hospital, nursing home, sanitaria, barbershop or beauty shop with barbers and beauticians duly licensed by the State or athletic trainers working under the direction and control of such persons shall be fifty dollars ($50.00) per year.
B. 
The term of said license shall be for a term of one (1) year, provided that all annual licenses as specified herein may, at the option of the City, be issued for any proportional part of such year and the license tax therefor shall be only for such proportional part of one (1) year calculated on a monthly basis.
[CC 1976 §19½-5; Ord. No. 1257 §5, 1-2-1979; Ord. No. 2045 §7, 6-2-1998; Ord. No. 2383 §3, 5-4-2004]
A. 
Within thirty (30) days of the expiration of the license, a licensee may apply to the City Clerk for renewal thereof, on such applications as shall be provided by the City Clerk.
B. 
Renewal applications shall be investigated by the Police Department to determine whether or not any call for service or arrests have been made in conjunction with the operation of the business. Renewal applications shall also be investigated by the Building Inspector to determine whether or not the premise is in compliance with the Building, Property Maintenance and other applicable Codes of the City and whether or not substantiated complaints have been received regarding the safety or cleanliness of the premise.
C. 
The City Clerk shall renew said license if he or she shall find that said operation shall have been conducted in accordance with all applicable laws and ordinances.
[CC 1976 §19½-6; Ord. No. 1257 §6, 1-2-1979; Ord. No. 2045 §8, 6-2-1998]
A. 
The licensee shall display the massage establishment or outcall massage service license issued in an open and conspicuous location on the premises or in the principal place of business.
B. 
The licensee shall maintain a written listing of all massage therapists, masseurs, masseuses and employees, whether employed by him or her or [working] as independent contractors. Such written list shall be available for inspection by officers or officials of the City of Pacific during regular business hours.
[CC 1976 §19½-7; Ord. No. 1257 §7, 1-2-1979]
A. 
Any massage establishment's or outcall massage service's license issued under this Chapter shall be subject to suspension for up to ninety (90) days or revocation by the City Clerk for violation of any provision of this Chapter or for any grounds that would warrant the denial of the issuance of such license in the first instance. Any of the following shall be considered sufficient cause for revocation; provided, however, that these grounds shall not be deemed exclusive:
1. 
Encouraging, permitting, performing or allowing prostitution on the premises;
2. 
Encouraging, permitting, performing or allowing any form of masturbation or fellatio;
3. 
Encouraging, permitting, or allowing solicitation for prostitution, masturbation or fellatio.
B. 
The licensee shall be entitled to a hearing before the Board of Aldermen prior to the revocation or suspension of any license under this Chapter. At such hearing, evidence will be received for the purpose of determining whether or not such license shall be suspended or revoked or whether the license may be retained.
C. 
The licensee shall be notified by certified mail or hand delivery of the decision of the Board of Aldermen. Said decision shall be accompanied by findings of fact and conclusions of law.
[CC 1976 §19½-8; Ord. No. 1257 §8, 1-2-1979; Ord. No. 2045 §9, 6-2-1998]
A. 
All rooms, appliances and apparatus shall be kept clean and operated in a sanitary condition.
B. 
All employees shall be clean and shall wear clean outer garments.
C. 
Separate toilet facilities and dressing areas shall be provided for each sex.
D. 
The Board of Aldermen may approve additional regulations as part of the initial application, application renewal or after any suspension of any license.
[CC 1976 §19½-9; Ord. No. 1257 §9, 1-2-1979]
Officials of the City of Pacific shall have the right to enter the premises from time to time during regular business hours for the purpose of making reasonable inspections to enforce compliance with building, fire, electrical, plumbing or health regulations, and for the purpose of determining that the provisions of this Chapter and other provisions of law or ordinance are being complied with.
[CC 1976 §19½-10; Ord. No. 1257 §10, 1-2-1979; Ord. No. 2045 §10, 6-2-1998]
Any massage establishment or outcall massage service located in the City of Pacific, Missouri, shall not be open, nor conduct operation, between the hours of 10:00 P.M. and 7:00 A.M.
[CC 1976 §19½-11; Ord. No. 1257 §11, 1-2-1979; Ord. No. 2045 §11, 6-2-1998; Ord. No. 2418 §3, 12-7-2004]
A. 
Any person desiring to act as a massage therapist, masseur or masseuse in the City shall file a written application to pay an annual license fee with the City Clerk, which application shall contain the following:
1. 
Name, address, telephone number, date and place of birth;
2. 
Employment title (massage therapist, masseur, masseuse or employee).
3. 
Name of licensed massage therapy or other business lawfully operating through which the massage services will be offered.
4. 
A copy of the applicant's State license for such activity.
B. 
An annual occupational license tax of twenty-five dollars ($25.00) shall be paid by July first (1st) of each year and shall be prorated as set forth for other businesses in Section 605.050.
C. 
Massage therapists, masseurs and masseuses shall pay such license fee each year, but need complete a new application only when information in the original application on file with the City Clerk is no longer accurate.
D. 
Massage therapy or services provided by any person other than a massage therapist, masseuse or masseur licensed in the State of Missouri pursuant to Section 324.265, RSMo., shall be prohibited.
[CC 1976 §19½-12; Ord. No. 1257 §12, 1-2-1979; Ord. No. 2045 §12, 6-2-1998]
A. 
It shall be unlawful for any massage therapist, masseur or masseuse firm, corporation or association to:
1. 
Perform a massage on any other person without a license;
2. 
Employ a person as a massage therapist, masseur or masseuse who does not hold a valid license;
3. 
Knowingly allow, permit, encourage, direct, perform or promote any acts of prostitution, masturbation or fellatio;
4. 
Have narcotics or controlled substances under the laws of the United States or the State of Missouri on the premises of a massage establishment or outcall massage service;
5. 
Have alcoholic beverages or non-intoxicating beer on the premises of a massage establishment or outcall massage service.
[CC 1976 §19½-13; Ord. No. 1257 §13, 1-2-1979]
Any person, firm, corporation or association violating any of the provisions of Section 645.120 shall, upon conviction, be punished by a fine of five hundred dollars ($500.00) and costs, or ninety (90) days' imprisonment, or both the fine and imprisonment.