[R.O. 2003 §625.010; Ord. No. 384 §58.010, 5-19-1981; Ord. No. 732 §1, 7-7-2005]
For the purpose of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
Any and all persons over eighteen (18) years of age, other
than the massage therapists, who render any service to the permittee,
who received compensation directly from the permittee, and who have
no physical contact with the customers or clients.
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 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.
An individual who possesses teaching credentials satisfactory
to the board for the purpose of teaching massage therapy.
An individual, corporation, association or other legal entity.
Any school or institution of learning which has for its purpose
the teaching of the theory, method, profession or work of massage,
which school required 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.
[R.O. 2003 §625.020; Ord. No. 384 §58.020, 5-19-1981]
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 Buckner, the operation of a massage
business as herein defined, without first having obtained a permit
from the Police Department, upon approval by the Board of Aldermen.
[R.O. 2003 §625.030; Ord. No. 384 §58.030, 5-19-1981; Ord. No. 732 §2, 7-7-2005]
Every applicant for a permit to maintain, operate or conduct
a massage business shall file an application with the City. Additionally,
each applicant shall pay a permit fee in the amount of fifty dollars
($50.00).
[R.O. 2003 §625.050; Ord. No. 384 §58.050, 5-19-1981; Ord. No. 732 §3, 7-7-2005]
Any person, including an applicant for a massage business permit,
who engages in the practice of massage therapy as herein defined shall
file an application for a massage therapist permit with the City.
Additionally, each applicant shall be licensed as a massage therapist
by the State of Missouri and shall pay a permit fee in the amount
of fifty dollars ($50.00).
[R.O. 2003 §625.120; Ord. No. 384, §58.120, 5-19-1981]
A.
No permit to conduct a massage business shall be issued unless an
inspection by the Director of Public Health or his authorized representative
reveals that the establishment complies with each of the following
minimum requirements:
1.
Construction of rooms used for toilets, tubs, steam baths and
showers shall be waterproofed 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) 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 the 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 Health shall certify that the proposed massage
business complies with all of the requirements of this Section of
this Chapter and shall give or send such certification to the Board
of Aldermen.
[R.O. 2003 §625.130; Ord. No. 384 §58.130, 5-19-1981]
A.
Every portion of a massage business, including applicants, 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 business. 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 and massage therapists must be modestly attired. Diaphanous,
flimsy, transparent, form-fitting, or tight clothing is prohibited.
Clothing must cover the employee's or massage therapist's
chest at all times. Hem lines 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 or massage therapist.
Any contact with a patron's genital area is strictly prohibited.
E.
All massage businesses shall be provided with clean, laundered sheets
and towels in sufficient quantity and shall be laundered after each
use thereof and stored in 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 after each use.
G.
Advertising. No massage business 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 described in this Section 620.060 of this Chapter, nor shall any massage business indicate in the text of such advertising that any service is available other than those services described in Section 620.010.
H.
All services enumerated in Section 620.010 of this Chapter must be carried on in one cubicle, room, booth, or area within the massage business. No service enumerated in Section 620.010 of this Chapter 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 business 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.
[R.O. 2003 §625.160; Ord. No. 384 §58.160, 5-19-1981]
No permit shall be transferable except with the written consent
of the Chief of Police and the approval of the Department of Public
Health and the Board of Aldermen; provided, however, that upon the
death or incapacity of the permittee the massage business may continue
in business for a reasonable period of time to allow for an orderly
transfer of permit.
[R.O. 2003 §625.190; Ord. No. 384 §58.190, 5-19-1981]
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 persons or in any such business.
