[Ord. No. 06-6-14, 6-26-2006]
State Law Reference — Regulation of massage therapy, §§324.240 — 324.275, RSMo.
[R.O. 2012 §635.010; Ord. No. 81-10-2 §20.34, 10-5-1981]
The following definitions shall apply in the interpretation and the enforcement of this Chapter:
- BATH HOUSES
- The occupation of maintaining and operating for profit any services of baths of all kinds, including all forms and methods of hydrotherapy.
- GOOD MORAL CHARACTER
- Shall depend upon consideration of the following:
- 1. Penal History. All arrests and convictions, the reasons therefor, and the demeanor of the applicant subsequent to his/her release.
- 2. License History. The license history of the applicant; whether such person, in previously operating in this or another State under any type of license has had such license revoked or suspended, the reason therefor, and the demeanor of the applicant subsequent to such action; whether such person in previously operating any type of business has operated said business without first obtaining a license.
- 3. General Personal History. Such other facts relevant to the general personal history of such individual as deemed necessary to a fair determination of a person's reputation and character.
- LICENSE OFFICER
- The City Clerk of the City of Excelsior Springs.
- MASSAGE BUSINESSES
- Any place of business in which massage therapy is practiced.
- 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.
[R.O. 2012 §635.020; Ord. No. 81-10-2 §20.35, 10-5-1981]
No person, firm or corporation shall operate a bath house or massage business or both, without first securing and having in effect a license issued by the License Officer to operate such establishment. Only one (1) license shall be required for the operation of any one (1) or more of the services herein identified and conducted at one (1) location. The license shall be issued for the occupation defined in Section 635.010, which is the main service offered by the applicant. The license fee shall be computed and charged in the amount of fifty dollars ($50.00).
[R.O. 2012 §635.030; Ord. No. 81-10-2 §20.36, 10-5-1981]
No attendant shall perform the services of a bath house or massage business within the bath or massage therapy rooms, without first securing and having in effect a license issued by the License Officer to perform such services. Each license application hereunder shall file written application therefor on forms supplied by the License Officer. A permit fee of ten dollars ($10.00) shall be charged for each permit issued hereunder.
[R.O. 2012 §635.040; Ord. No. 81-10-2 §20.37, 10-5-1981]
No license for the operation of a bath house or massage business shall be issued by the License Officer until he/she shall have received an authorization in writing issued by the City Manager for the operation of such bath house or massage business by the applicant for such license. No such authorization shall be issued by the City Manager until the following facts have been ascertained by said City Manager and the following things have been done:
Character of applicant. That the applicant, including each of the members of a partnership if the applicant is a partnership, and including the general manager of a corporation if the applicant is a corporation, is a person of good moral character.
Fingerprints of applicant. That before such authorization, the applicant, including each of the parties identified in Subsection (1) shall submit to fingerprinting by the Police Department (may be waived).
[R.O. 2012 §635.050; Ord. No. 81-10-2 §20.38, 10-5-1981]
No license for an attendant, as required by Section 635.030 shall be issued by the License Officer until he/she shall have received an authorization in writing issued by the City Manager for such occupation by such person making application, and no such authorization shall be issued by the City Manager until the following facts have been ascertained by said City Manager and the following things have been done:
That the applicant is a person of good moral character.
That the applicant is over eighteen (18) years of age.
That the applicant has graduated from a recognized or accredited school of hydrotherapy or physiotherapy.
If the applicant is not a graduate of such a school, then before the City Manager shall issue such authorization, such applicant shall be examined and his/her authorization approved in writing by the City Manager using written examination questions of the U.S. Public Health Service and the State of Missouri.
That the applicant has obtained a certificate of health from a duly licensed physician stating that the applicant has, within thirty (30) days immediately prior to such application, been examined and found to be free of any contagious or communicable disease.
[R.O. 2012 §635.060; Ord. No. 81-10-2 §20.39, 10-5-1981]
During the operation of any bath house or massage business, the licensee shall keep a register of all employees, showing their name, address, age, sex, general physical description, duties and such other reasonable and proper information as may be required by the City Manager. Such register shall be at all reasonable times subject to review and examination by any authorized representative of the City.
[R.O. 2012 §635.070; Ord. No. 81-10-2 §20.40, 10-5-1981]
At least every six (6) months after being issued a license or permit, each massage business or bath house licensee or permittee; and every operator thereof and each employee therein, shall obtain a health certificate from a duly licensed physician stating that the holder thereof has been found to be free of any contagious or communicable disease. A copy of such certificate shall be filed by the recipient in the office of the City Manager and the original of such certificate shall be at all reasonable times subject to review and examination by any authorized representative of the City on the licensed premises.
[R.O. 2012 §635.080; Ord. No. 81-10-2 §20.41, 10-5-1981]
Before any employee of a bath house or massage business shall be employed, he/she shall submit to fingerprinting by the Police Department of the City, however, this may be waived if the applicant is personally known to the Chief of Police.
[R.O. 2012 §635.090; Ord. No. 81-10-2 §20.42, 10-5-1981]
Every operator and employee of a bath house or massage business within the City shall submit to a physical examination by a duly licensed medical practitioner at any reasonable time if directed to do so by the City Manager.
[R.O. 2012 §635.100; Ord. No. 81-10-2 §20.43, 10-5-1981]
The operation of any bath house or massage business shall be subject to the following regulations:
Hours. Such houses or businesses shall be closed and all operations shall cease between 12:00 Midnight and 6:00 A.M. of each day.
Separation of sexes. It shall be unlawful for customers of opposite sex to receive treatment in the same room or the same quarters at the same time.
Dangers to safety, health. No service shall be given which is clearly dangerous to safety and health in the opinion of the City Manager, and after a notice in writing to the licensee from such City Manager.
Violation of moral, safety, health standards. No services given by any licensee under this Chapter, or by any attendants or employees under him, shall be in violation of commonly accepted standards of good morals, safety and health.
All rooms or other enclosures used for massage therapy shall not have a permanent door for ingress or egress but shall have said opening curtained, only.
Massage by a member of the opposite sex. It shall be unlawful for any licensee, or any attendants or employees of said licensee, to massage, or allow to be massaged, any person by another person of the opposite sex excepting licensed doctors, licensed registered professional nurses, licensed practical nurses, and licensed and duly qualified nurses aides, licensed physiotherapists or members of the immediate family of the person being massaged. The burden of proof of these exceptions shall be on the persons claiming them.
Each person issued a license or permit hereunder is required at all times to obey the laws of the City, State or Federal Governments. Any conviction under such laws or Statutes, or the circumstances of such violation regardless of conviction, may be grounds for suspension or revocation of the same.
Conduct on premises. All operators licensed under the provisions of this Chapter shall, at all times be responsible for the conduct of business on their licensed premises and for any act or conduct of their employees which constitute a violation of the provisions of this Chapter or the regulations of the City Manager, as authorized herein. Any violation of the City, State or Federal laws committed on the licensed premises by any such licensee or employee affecting the eligibility or suitability of such person to hold the license or permit may be grounds for suspension or revocation of the same.
An operator's license and/or employee permit shall be denied by the License Officer where investigation reveals that due to the physical condition of the premises, applicant operator, or the employees appropriate health standards cannot be complied with or where such investigation reveals that the applicant operator and/or employees are not persons of good moral character, or, where the terms and provisions of this ordinance have not been otherwise complied with by the applicant.
Upon denial of a license or permit the person aggrieved shall, if he/she desires, have a review of said denial, make written application for said review within five (5) days after advised of said denial of a license and/or permit by the License Officer.
The City Manager may promulgate rules and regulations concerning the conduct of said establishments, which rules shall be, by the City Council, approved by motion.
It shall be unlawful to violate any of the terms and provisions of this Section.
[R.O. 2012 §635.110; Ord. No. 81-10-2 §20.44, 10-5-1981]
Authority. Any bath house or massage business subject to this Chapter, including employees, equipment, records and methods employed therein, shall be open to proper inspection at all reasonable times by the City Manager. The City Manager shall assign a qualified employee from the personnel of his/her department to make regular inspections of such establishments and operations and report to the City Manager, in writing, all of his/her findings; provided however, that the City Manager shall have the right to obtain assistance from the Police Department when, in his/her opinion, it is necessary for the enforcement of this Chapter.
Conduct Of Inspections. In making any inspection authorized by this Section, no inspector shall enter the immediate quarters where the services of the licensee are being administered to customers or patients, except that a male inspector may enter the quarters where a man is being treated and a female inspector may enter the quarters where a lady is being treated; provided further, that the City Manager, in the event that he/she has reasonable grounds to believe that treatments are being given that are detrimental and dangerous to the health of the customer, may direct that a physician or surgeon be permitted to enter such premises for the purpose of making inspections and in assisting the City Manager in enforcement of the laws of the State and this Chapter and other ordinances of the City.
[R.O. 2012 §635.120; Ord. No. 81-10-2 §20.45, 10-5-1981]
Authority. Any license for the operation of a bath house or massage business, or for the occupation of an attendant therein as provided in this Chapter, may be revoked at any time by the License officer; providing, however, that such license may not be revoked by the License Officer until five (5) days have elapsed after his/her receipt of the City Manager's written recommendation, signed by such Manager and accompanied by his/her findings of fact that the license be revoked.
Hearing Required. Whenever the City Manager shall have reason to believe that any licensed operator or attendant shall have violated any of the provisions of this Chapter, he/she shall, after ten (10) days notice in writing to such licensee, conduct a hearing and at the conclusion thereof, may make his/her findings of fact in writing, and if he/she shall believe that the license should be cancelled, shall make his/her recommendation thereof, accompanied by his/her findings of fact, to the License Officer, for the purpose of such hearing, the City Manager shall have the authority to subpoena witnesses and other evidence, or to compel the attendance of such witnesses, both on behalf of the City Manager and of the licensee, and shall have the authority to administer oaths to the witnesses.
[R.O. 2012 §635.130; Ord. No. 81-10-2 §20.46, 10-5-1981]
Whenever the City Manager shall make a recommendation of revocation as provided, he/she shall forthwith forward a copy thereof to the licensee affected, either in person or to his/her place of business or occupation, and such licensee shall have five (5) days after the receipt of such recommendation to request a review of the recommendation and findings, by the City Council. Upon receipt of such an application for review, the License Officer shall forthwith notify the City Manager and the applicant of the date and place of the review. The Council, after taking into account all of the facts, including the findings of the City Manager, shall thereupon take such action as to them may seem best.
[R.O. 2012 §635.140; Ord. No. 81-10-2 §20.47, 10-5-1981]
It shall be unlawful for any massage business or bath house, licensee or permittee to pander, advertise, display or exhibit, on or about the vicinity of the exterior or interior of said massage business or bath house premises, any printed or pictorial material, photograph or articles of obscene, lewd, licentious, indecent or lascivious nature for the purpose of drawing, attracting, enticing or luring trade, customers or business.
[R.O. 2012 §635.150; Ord. No. 81-10-2 §20.48, 10-5-1981]
It shall be unlawful for any person, in a massage business, to place his or her hand or hands upon, to touch with any part of his or her body, to fondle in any manner, or to massage, a sexual or genital part of any other person.
It shall be unlawful for any person, in a massage business, to expose his or her sexual or genital parts, or any portion thereof, to any other person. It shall also be unlawful for any person, in a massage business, to expose the sexual or genital parts, or any portion thereof, of any other person.
It shall be unlawful for any person while in the presence of any other person in a massage business, to fail to conceal, with a fully opaque covering, the sexual or genital parts of his or her body.
It shall be unlawful for any person owning, operating or managing a massage business, knowingly to cause, allow or permit in or about such massage business, any agent, employee, or any other person under his/her control or supervision to perform such acts prohibited in Subsections (A), (B), or (C) of this Section.
[R.O. 2012 §635.160; Ord. No. 81-10-2 §20.49, 10-5-1981]
Every person owning, operating or managing a massage business shall post a copy of this Chapter in a conspicuous place in the massage business so that it may be readily seen by persons entering the premises.
[R.O. 2012 §635.170; Ord. No. 81-10-2 §20.50, 10-5-1981]
Any person who shall be found guilty of violation of any of the terms and provisions of this Chapter shall be guilty of an ordinance violation and may be fined a sum not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or imprisoned in the City Jail not less than thirty (30) days nor more than ninety (90) days, or by both such fine and imprisonment.