The following shall apply to all businesses defined in Chapter
645, Massage Establishments, unless stated otherwise:
[Ord. No. 1038 §8, 7-21-2014]
All applications for new or renewal business licenses shall
be subject to review by the City Manager and it is his discretion
to either issue\renew or not issue\not renew said license. In the
event the said license is not issued\not renewed by the City Manager,
said applicant shall have the right to appear before the City Council
at their next regularly scheduled meeting to appeal the City Manager's
decision on the license.
[Ord. No. 1038 §8, 7-21-2014]
The City Manager shall have the right to suspend or revoke a
business license. In the event said license is suspended or revoked
by the City Manager, said business owner shall have the right to appear
before the City Council at their next regularly scheduled meeting
to appeal the decision of the City Manager."
[CC §11.55; Ord. No.
32, 12-16-1974]
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.
[CC §11.56; Ord. No.
32, 12-16-1974]
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 receive compensation
directly from the permittee, and who have no physical contact with
the customers and clients.
Any method of pressure on or friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating, or stimulation of
the external soft parts of the body with the hands or with the aid
of any mechanical or electrical apparatus or applied with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointments or other similar preparations
commonly used in this practice.
Any establishment having a fixed place of business where
any person, firm, association, or corporation engages in or carries
on or permits to be engaged in or carried on any of the activities
mentioned in the definition of "massage" as defined above.
Any person who, for any consideration whatsoever, engages
in the practice of massage as herein defined.
Any individual, co-partnership, firm, association, joint
stock company, corporation or combination of individuals of whatever
form or character.
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.
[CC §11.57; Ord. No.
32, 12-16-1974]
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 St. John, the operation of a massage
establishment as herein defined, without first having obtained a permit
from the City Manager after approval of the Director of Public Works.
[CC §11.58; Ord. No.
32, 12-16-1974]
Every applicant for a permit to maintain, operate or conduct
a massage establishment shall file an application with the City Manager
and pay a filing fee of fifty dollars ($50.00) which shall not be
refundable.
[CC §11.60; Ord. No.
32, 12-16-1974]
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 there, and the name and
address of each applicant.
B.
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 inches by two inches (2
x 2), 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, 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.
[CC §11.61; Ord. No.
32, 12-16-1974]
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
City Manager upon a form provided by said City Manager and shall pay
a filing fee of twenty-five dollars ($25.00) which shall not be refundable.
[CC §11.62; Ord. No.
32, 12-16-1974]
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 the 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 and
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 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.
[CC §11.63; Ord. No.
32, 12-16-1974]
When an application is filed for a massage establishment permit
under this Chapter, the City Manager shall fix a time and place for
a public hearing where applicant may present evidence upon the questions
of his application. Not less than ten (10) days before the date of
such hearing, the City Manager 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 the required number of days.
[CC §11.64; Ord. No.
32, 12-16-1974]
A.
The City Manager may issue a permit within fourteen (14) days of the hearing provided for in Section 645.080 provided that all requirements for a massage establishment described in this Chapter are met by all persons who apply to perform massage services unless they find:
1.
The operation as proposed by the applicant or permittee would not
have complied with all applicable laws including, but not limited
to, the Building, Health, City Planning, Housing, Zoning and Fire
Codes of the City of St. John.
2.
The applicant or any other person who will be directly engaged in
the management and operation of a massage establishment has been convicted
of:
[CC §11.65; Ord. No.
32, 12-16-1974]
A.
The
City Manager may issue a masseur or masseuse permit within twenty-one
(21) days following application, unless they find that the applicant
for the masseur or masseuse permit has been convicted of:
B.
The
City Manager, in his discretion, may issue a permit to any person
convicted of such crimes if he 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.
[CC §11.66; Ord. No.
32, 12-16-1974]
A.
Any permit issued for a massage establishment may be revoked or suspended by the City Manager, after a public hearing before the City Manager, where it is found that any of the provisions of this Chapter are violated or where the permittee or any employee of the permittee, including a masseur or masseuse, has been convicted of any offense found in Section 645.100, Subsection A (1-3), 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 St. John to inspect the premises or the operations thereto.
B.
The
City Manager, before revoking or suspending any permit, shall give
the permittee at least ten (10) day's written notice of the charges
against him and the opportunity for a public hearing before the City
Manager, at which time the permittee may present evidence bearing
upon the question. In such cases, the charges shall be specific and
in writing.
[CC §11.67; Ord. No.
32, 12-16-1974]
B.
The
City Manager, before revoking or suspending any masseur or masseuse
permit, shall give the masseur or masseuse at least ten (10) day's
written notice of the examination into his conviction record and the
opportunity for a public hearing before the City Manager, at which
hearing the Manager shall determine the relevant facts regarding the
occurrence of the conviction.
[CC §11.68; Ord. No.
32, 12-16-1974]
A.
No
permit to conduct a massage establishment shall be issued unless an
inspection by the Director of Public Works or his authorized representative
reveals that the establishment has each of the following requirements:
1.
Construction of rooms used for toilets, tubs, steam baths, and showers
shall be waterproof 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
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 toilet room or a vestibule. Lavatories
or wash basins shall be provided with soap in a dispenser and with
sanitary towels.
B.
The
Director of Public Works shall certify that the proposed massage establishment
complies with all of the requirements of this Section and shall give
or send such certification to the City Manager.
[CC §11.69; Ord. No.
32, 12-16-1974]
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 moderately 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 an 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 each day the business is in operation.
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 defined as a "massage" in Section 645.010 hereof. or that employees, masseurs, or masseuses are dressed in any manner other than those described in Subsection (C) of this Section,nor shall any massage establishment indicate in the text of such advertising that any service is available other than those services defined as a "massage" in Section 645.010 hereof.
H.
All
services defined as a "massage" herein must be carried on in one (1)
cubicle, room, booth, or area within the massage establishment. No
service defined as a "massage" herein 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.
[CC §11.70; Ord. No.
32, 12-16-1974]
Every person who engages in or conducts a massage establishment
shall keep a daily register, approved as to form by the City Manager,
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 the
City Manager and shall be kept on file for one (1) year.
[CC §11.71; Ord. No.
32, 12-16-1974]
The Police Department and the Department of Public Works shall,
from time to time and at least twice a year, make an inspection of
each massage establishment in the City of St. John for the purposes
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.
[CC §11.72; Ord. No.
32, 12-16-1974]
A.
Holders
of any outstanding massage establishment permits 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 masseuse
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 has
first-hand knowledge of his or her continuous year of experience.
[CC §11.73; Ord. No.
32, 12-16-1974]
A.
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 December 16, 1974.
B.
This
Chapter shall not apply to hospitals, nursing homes, sanitariums,
or persons holding an unrevoked certificate to practice the healing
arts under the laws of the State of Missouri or to persons working
under the direction of any such person or in any such establishment.
[CC §11.74; Ord. No.
32, 12-16-1974; Ord. No. 1014 §1, 7-15-2013]
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 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 St. John or shall violate any of the provisions of
this Chapter shall be guilty of a misdemeanor and, upon conviction,
shall be punished by a fine not to exceed one thousand dollars ($1,000.00),
or imprisonment for ninety (90) days, or by both such fine and imprisonment.
