[R.O. 2011 §620.010; Ord. No. 2008-80 §1, 7-2-2008]
A.
EMPLOYEE
MASSAGE BUSINESS
MASSAGE THERAPIST
MASSAGE THERAPY
PATRON
Definitions. When used in this Chapter, the following words
and phrases shall have the meanings set out herein:
Any person, other than massage therapists, who work for a
permittee under this Chapter, who receives compensation from the permittee,
licensee or directly from a patron.
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.
Any person who utilizes or receives the services of any establishment,
including but not limited to massage therapy, subject to the provisions
of this Chapter and under such circumstances that it is reasonably
expected that he/she will pay money or give any other consideration
therefor. (Patrons under the age of eighteen (18) shall have on file
with the establishment or therapist, written permission from a parent
or legal guardian in order to receive massage therapy and it shall
be unlawful for massage therapy to be performed on a person under
eighteen (18) without said written permission.)
B.
Purpose. The purpose and intent of this Chapter is to regulate
massage therapy establishments and massage therapists in order to
protect and promote the public health, safety and welfare by:
1.
Providing standards for education and training of massage therapists.
2.
Providing a clean, sanitary, healthy and safe environment in which
massage therapists can operate.
3.
Promoting professionalism by prohibiting illegal acts, and encouraging
ethical behavior.
4.
Requiring insurance coverage.
5.
Recognizing massage therapy as a legitimate business occupation and
promoting the public confidence therein.
6.
Limiting massage techniques offered to the public for valuable consideration
to those dealing with preventative health care, health maintenance
and rehabilitation.
[R.O. 2011 §620.020]
A.
It
shall be unlawful for any person, firm, partnership, association or
corporation, within the City limits of Riverside, to act as agent
for or cause the solicitation, or promotion by telephone, or participate
directly or indirectly in or for the operation of a massage establishment,
or carry on such activities for or on behalf of any person engaged
in the activity of such establishment without first obtaining a permit
and/or license therefor issued by the City of Riverside. A separate
permit shall be required for each and every separate place of business.
Said permit shall be valid from January first (1st) to December thirty-first
(31st) of each year. No such permit shall be issued unless the massage
establishment, or any person, firm, partnership, association or corporation
engaged in the activity of such establishment, fully complies with
the provisions of this Chapter regardless of the location of such
establishment or place where such activity is conducted. The location
of each such establishment or place where such activity is conducted
shall at all times be on file with the Community Development Department.
B.
It shall further be unlawful for any person, firm, partnership association or corporation, within the City limits of Riverside to participate directly or indirectly in or for the operation of business activity under a different name or designation than those herein specified for the purpose of carrying out activity or activities defined under Subsection (A) above.
C.
It
shall be unlawful for any person to perform massage therapy upon any
person within the City of Riverside for remuneration or any type of
compensation without having a current and valid massage therapist
license.
[R.O. 2011 §620.030]
A.
Application
for a massage therapy establishment permit or massage therapist license
shall be made to the City of Riverside Community Development Department,
in writing, and be accompanied by the required fee, on forms provided
by said office which are to be fully, truthfully and accurately completed.
If the applicant be a firm or corporation, it shall appoint an agent,
named in the application, who shall be subject to approval by the
Community Development Department and who shall have all the qualifications
of a person applying for a permit. Individuals applying for a massage
therapist license must be eighteen (18) years of age or older.
[R.O. 2011 §620.040; Ord. No. 2008-80 §2, 7-2-2008]
A.
In
order to secure a massage therapist license, an applicant must file
a complete, honest and truthful application and hold a current massage
therapist license issued by the State of Missouri.
B.
In
order to secure and maintain a massage therapy establishment permit:
1.
Premises shall comply with all applicable Zoning, Fire, Health and
Building Codes.
2.
Premises and equipment shall be clean, sanitary, well maintained
and free from accumulations of dust or refuse.
3.
Premises shall be well lighted, having a minimum of one (1) one hundred
watt artificial white light per room and per two hundred fifty (250)
square feet of usable floor space.
4.
Massage therapy shall not be operated as a home occupation in a residentially
zoned area.
5.
Items for the personal use of patrons, such as linens, sheets and
towels, shall be cleaned and freshly laundered, unless disposable,
and no such item, if non-disposable shall be used twice without being
laundered. Disposable items must be disposed of in a sanitary manner
after each use.
6.
No alcoholic beverages shall be allowed on or permitted to be brought
onto the licensed premises.
7.
No person who is visibly under the influence of alcoholic beverages
or drugs shall be allowed on the licensed premises.
8.
No person shall be permitted to conduct themselves in a disorderly
manner on the licensed premises. The licensed holder shall obey any
reasonable order of the Police Department to terminate or prevent
such disorderly conduct.
[Ord. No. 1520 § 1, 3-7-2017]
9.
All employees, must be modestly attired. Flimsy, transparent, revealing,
form fitting or tight clothing is prohibited.
10.
The private parts of patrons must be covered by towels, cloths or
undergarments when in the presence of an employee. Any contact with
the patrons genital area or breast tissue is strictly prohibited.
11.
The licensed premises shall be closed between the hours of 11:00
P.M and 7:00 A.M.
12.
There shall be a waiting room for patrons which is separate from
any area wherein massage therapy is performed.
13.
The licensed premises shall permit inspections during its regular
business hours by the Police Department, Community Development Department,
Fire, County and City Health Departments to determine compliance with
this and other relevant City ordinances.
[Ord. No. 1520 § 1, 3-7-2017]
14.
Persons under the age of eighteen (18) years old shall be prohibited on the premises except patrons permitted in the definition of "Patron" as defined in Section 615.010.
15.
Massage therapy establishments granted a permit under the provisions
of this Chapter shall not 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 services are available other than those services
as described in this Chapter or suggest that employees are dressed
in any manner other than described in this Chapter, nor shall any
establishment indicate in the text of such advertising that any services
are available other than those services described in this Chapter.
16.
The permits and licenses of Massage Therapy establishments and massage
therapists are not transferable and such authority as a permit or
license confers shall be conferred only on the person or business
named therein. Any applications made, fees paid and permits or licenses
obtained under the provisions of this Chapter shall be in addition
to and not in lieu of any other fees, permits or licenses required
to be paid or obtained under any other ordinances of this City.
17.
The permit of the massage therapy establishment and license of every
massage therapist employed thereby, shall be displayed in an open
and conspicuous place on the premises and shown to officers of the
City of Riverside upon request.
[R.O. 2011 §620.050]
Any person, firm, partnership, association, or corporation convicted of violating any of the provisions of this Chapter shall be deemed guilty of a public offense and subject to the general penalty provisions of Section 100.240 of this Code.
[R.O. 2011 §620.060]
Any person, firm, partnership, association, or corporation convicted
of violating any of the provisions of this Chapter shall forfeit any
permit or license granted hereunder and said permit or license shall
automatically terminate upon conviction. Furthermore, the Board of
Aldermen, after notice and hearing as is applicable to liquor licenses,
may suspend or revoke a permit or license for failure to comply with
any of the ordinances of the City of Riverside or any regulations
or laws of the State of Missouri that govern in any way the activities
of this Chapter.
