[CC 1992 §620.010; Ord. No. 348 §1, 2-25-1977]
The following words, when used in this Chapter, shall have the
meanings set out below:
Any person who applies for a permit as required by this Chapter. When information is requested of applicant pursuant to the provisions of Section 615.030, the term "applicant" shall be
deemed to include with regard to a corporation, partnership, or other
business entity other than a sole proprietorship the stockholders,
members of the Board of Directors, officers, partners, members of
the firm, members of an unincorporated association, and all employees
and agents who shall perform any services for the massage establishment.
That area within the municipal boundaries of the City of
Charlack, Missouri.
Any person, other than a masseur or masseuse who renders
any service to the permittee, who receives compensation or any consideration
directly or indirectly from the permittee and who has no physical
contact with the permittee's customers or clients.
Health Commissioner or other person appointed by the Board
of Aldermen.
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 establishment having a fixed place of business wherein
a principal function is such that massage is given, engaged in or
carried on or permitted to be given, engaged in or carried on. Any
establishment engaged in or carrying on or permitting any combination
of massage and bathhouse shall be deemed a massage establishment.
Any person, whether paid by fixed salary or who is an independent
contractor, who administers to another person, for any form of consideration,
a bath, massage, manipulation of the body, electric vibration, magnetic
stimulation or similar procedure.
Any business not licensed as a massage establishment under
the provisions of this Chapter wherein a principal function is such
that massage is given, engaged in or carried on not at a fixed location
but at a location designated by the massage technician, customer or
client.
Any person receiving a permit to operate a massage establishment
or outcall massage service under the provisions of this Chapter.
Any individual, co-partnership, firm, association, company,
corporation or combination of individuals of whatever form or character.
The Chief of Police or such other person designated by the
Board of Aldermen acting in the capacities of Chief of Police.
Treasurer, City of Charlack, Missouri.
[CC 1992 §620.020; Ord. No. 348 §1, 2-25-1977]
The provisions of this Chapter shall not apply to hospitals,
nursing homes, sanatoria, persons holding an unrevoked certificate
of entitlement to practice the healing arts under the laws of the
State of Missouri, or persons working under the direction and control
of such persons or in any such establishment.
[CC 1992 §620.030; Ord. No. 348 §1, 2-25-1977]
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 Treasurer as set forth herein.
B.
The
Health Officer and the Superintendent shall conduct the required investigation
on behalf of the City.
C.
Application
for a permit to engage in the business of a massage establishment
or outcall massage service shall be obtained from the Treasurer and
shall contain the following information:
1.
The two (2) previous addresses (if any) within the three (3) years
immediately prior to the present address of applicant.
2.
Written proof that the individual or partnership applicant is over
the age of eighteen (18) years.
3.
Individual or partnership applicant's height, weight, color of eyes,
hair and sex.
4.
Two (2) portrait photographs at least two (2) inches by two (2) inches.
5.
Businesses, occupations or employments of the applicant for the three
(3) years immediately preceding the date of the application.
6.
The history of the applicant in operation of a massage establishment
or similar business or occupation, including, but not limited to,
whether or not such person in previously operating in this or another
City or State under a permit has had such permit revoked or suspended
and the reason therefor, and the business activity of suspension or
revocation.
7.
All criminal convictions other than misdemeanor traffic violations.
8.
The name and address of each masseur or masseuse who is or will be
employed in said establishment.
9.
Such other identification and information necessary to discover the
truth of the matters hereinbefore specified as required to be set
forth in the application.
10.
Nothing herein contained shall be construed to deny to the investigation
officials the right to take fingerprints and additional photographs
of the applicant.
11.
Applicant shall furnish information from which the City can determine
whether the masseurs, masseuses or employees who work in, or will
work in, applicant's massage establishment or engage in the outcall
service are employed on a salary or other fixed compensation basis
or are employed as independent contractor, applicant shall file with
his/her application a copy of all written agreements wherein the terms
of such status are set forth, and applicant shall furnish information
showing the amounts of said fee or money paid or to be paid, and the
method of computation thereof, under such agreement.
D.
All
applications for a massage establishment or outcall massage service
permit shall be accompanied by an investigation fee of fifty dollars
($50.00), no part of which shall be refundable.
E.
Upon
the receipt of said application, the Treasurer shall refer the application
to the Health Commissioner, the Police Department and the Building
Commissioner. These departments shall within thirty (30) days from
the date of said application review records or make an inspection
of the premises proposed to be devoted as a massage establishment
and shall make a written recommendation to the Treasurer concerning
compliance with the respective requirements.
F.
The
Treasurer shall issue said permit if upon investigation and the reports
filed it is found:
1.
That the operation as proposed by applicant complies or would comply
with all applicable laws and ordinances including, but not limited
to, the City's Building Code, zoning laws and health regulations.
2.
The applicant (including those deemed to be applicants within the
meaning of the definition) has not been convicted in a court of competent
jurisdiction (and not subsequently pardoned) for a period of two (2)
years prior to the date of the application of an offense of prostitution,
maintaining a house of prostitution, or sodomy.
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Otherwise, said 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 the applicant by means of certified mail or hand
delivery.
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[CC 1992 §620.040; Ord. No. 348 §1, 2-25-1977]
A.
The
owner or operator shall display the massage establishment permit issued
in an open and conspicuous place on the premises.
B.
The
operator of a massage establishment or an outcall massage service
must maintain a register or written listing of all persons employed
by him/her, whether as independent contractors or otherwise, as masseurs,
masseuses or employees. Such register shall be available for inspection
at all times during regular business hours.
C.
Upon
approval of an application, an annual license fee shall be paid of
two hundred fifty dollars ($250.00) payable annually on the anniversary
date of the permit. This fee is in lieu of a merchant's and manufacturer's
license.
[CC 1992 §620.050; Ord. No. 348 §1, 2-25-1977]
A.
Any
massage establishment's permit issued under this Chapter shall be
subject to suspension or revocation by the Treasurer for violation
of any provisions of this Chapter or for any grounds that would warrant
the denial of the issuance of such permit in the first instance.
B.
The
permittee shall be entitled to a hearing before the Board of Aldermen
prior to the suspension or revocation of any permit under this Chapter.
At such hearing evidence will be received for the purpose of determining
whether or not such permit shall be suspended or revoked or whether
the permit may be retained.
[CC 1992 §620.060; Ord. No. 348 §1, 2-25-1977]
A.
All
premises used by permittees hereunder shall be subject to periodic
inspection by the City for safety of the structure and the propriety
of plumbing, ventilation, heating and sanitation.
B.
One
(1) artificial white light of not less than forty (40) watts shall
be provided and be lighted in each room where a massage is being administered.
C.
The
walls shall be clean and painted with an approved washable mold-resistant
paint in all rooms where water and steam baths are given.
D.
Floors
shall be free from any accumulation of dust, dirt or refuse.
E.
All
equipment used in the massage operation shall be maintained in a clean
and sanitary condition.
F.
Towels,
sheets and linens of all types shall be clean and freshly laundered
and shall not be used for more than one (1) person.
G.
Dressing
and locker facilities shall be available for patrons. Security deposit
facilities shall be available for the protection of the valuables
of the patrons.
[CC 1992 §620.070; Ord. No. 348 §1, 2-25-1977]
[CC 1992 §620.080; Ord. No. 348 §1, 2-25-1977]
Officials of the City, including the Health Officer, the Treasurer
and the Superintendent, 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 are being complied with.
[CC 1992 §620.090; Ord. No. 348 §1, 2-25-1977]
A.
No
massage establishment permit shall be transferable except upon first
having obtained a new permit from the Treasurer pursuant to all the
requirements for a new application.
B.
Permits
issued hereunder shall be in effect for a period of twelve (12) months
and may be renewed for like periods of time thereafter upon application
as for an original permit and payment of the inspection fee and annual
license fee.
[CC 1992 §620.100; Ord. No. 348 §1, 2-25-1977]
The Treasurer, if he/she finds a massage establishment being
operated without the license required hereunder, to more effectively
provide enforcement of this Chapter, may give notice to any employee,
agent or independent contractor that his/her employer or principal
has not procured a license required hereunder and it shall thereafter
be a misdemeanor for such employee, agent or independent contractor
to conduct or assist in the conduct of the operation of such business.
Nothing required by this Section shall be personal service made by
any employee of the City.
