[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.
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]
A. 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:
1. 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.
2. 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).
3. Health certificate of applicant. That before such authorization, the applicant, including each of the parties identified in Subsection
(1) shall first have obtained within thirty (30) days immediately prior to such application, a health certificate issued by a licensed medical practitioner.
[R.O. 2012 §635.050; Ord. No. 81-10-2 §20.38, 10-5-1981]
A. 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:
1. That the applicant is a person of good moral character.
2. That the applicant is over eighteen (18) years of age.
3. That the applicant has graduated from a recognized or accredited
school of hydrotherapy or physiotherapy.
4. 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.
5. 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]
A. The
operation of any bath house or massage business shall be subject to
the following regulations:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
B. 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.
C. 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.
D. 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.
E. 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]
A. 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.
B. 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]
A. 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.
B. 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]
A. 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.
B. 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.
C. 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.
D. 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.
E. For
the purpose of this Section, the following words have the meaning
assigned below:
SEXUAL OR GENITAL PARTS
The genitals, pubic area, buttocks, anus, or perineum of
any person, or the vulva or breasts of a female.
[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.