[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:
Any person who applies for a license as required by this
Chapter.
That area within the municipal boundaries of the City of
Pacific, Missouri.
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.
Oral stimulation of the penis.
Any person receiving a license to operate a massage establishment
or outcall massage service under the provisions of this Chapter.
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.
Any establishment having a fixed place of business, wherein
massage is given, engaged in or carried on, for any form of consideration.
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.
Any person who is not a massage therapist, who administers
a massage to another person, for any form of consideration.
Stimulation of the genital organs achieved by manual or other
bodily contact exclusive of sexual intercourse.
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.
Any individual, co-partnership, firm, association, company,
corporation or combination of individuals of whatever form or character.
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.
[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:
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.
