City of Northmoor, MO Massage Establishments, Etc.

The occupation of maintaining, operating and offering any service for compensation of applying paint or other substance, whether transparent or non-transparent, to or on the human body when such body is wholly or partially nude, by means of application, technique or process.

EMPLOYEE

Any person who renders any service to or for a permittee under this Chapter, who receives compensation from the permittee or patron.

ESCORT SERVICE OR BUREAU, DATING SERVICE OR BUREAU

The terms "escort service", "escort bureau", "dating service", or "dating bureau" shall refer to the occupation of providing a companion, escort or date for a fee.

MASSAGE

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.

MASSAGE ESTABLISHMENT

Any place of business in which massage therapy is practiced.

MASSAGE THERAPIST

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.

MODELING STUDIOS

The occupation of maintaining, operating and offering any services for compensation of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing, or otherwise. To be included within the definition of modeling studios is the occupation or practices for compensation of offering one's body, wholly or partially in the nude, for the purpose of having designs of whatever nature applied thereto to whatever process or technique with any kind of substance whether it be transparent or non-transparent.

PATRON

Any person over eighteen (18) years of age who utilizes or receives the services of any establishment subject to the provisions of this Chapter and under such circumstances that it is reasonably expected that he/she will pay money or give other consideration therefor.

RECOGNIZED SCHOOL

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.

Section 635.020 Business Permits Required, Prohibited Location.

[Ord. No. 181 §485.020, 2-11-1981; Ord. No. 183 §485.020, 4-7-1981]

It shall be unlawful for any person, firm, partnership, association or corporation, within the City limits of Northmoor, Missouri, to act as agent for or cause the solicitation, advertising or promotion by telephone, newspaper, radio, television, or other means, or participate directly or indirectly in or for the operation of a bath house, massage establishment, body painting studio, modeling studio, escort service or bureau or dating service or bureau, or carry on such activities for or on behalf of any person engaged in the activity of such establishment without first obtaining a permit therefor issued by the Governing Body of the City of Northmoor.

A separate permit shall be required for each and every separate place of business conducted by any one (1) permittee. Such permit shall be valid only from January first (1st) to December thirty-first (31st) of each year. No such permit shall be issued unless the bath house, massage establishment, body painting studio or modeling studio, escort service or bureau or dating service or bureau, or any person, firm, partnership, association, or corporation engaged in the activity of such establishment, fully complies with the provisions of this Chapter of the Code of the Ordinances of the City of Northmoor, regardless of the location of such establishment or place where such activity is conducted. The location of each such establishment or place where such activity is conducted shall at all times be on file with the City Clerk.

It shall further be unlawful for any person, firm, partnership, association or corporation, within the City limits of Northmoor to participate directly or indirectly in or for the operation of business activity under a different name or designation than those herein specified but for the purpose of carrying out activity or activities defined in Section 635.010 herein.

No bath house, massage establishment, body painting studio, modeling studio, escort service or bureau, or dating service or bureau shall be established within one thousand five hundred (1,500) feet of any church, school, area zoned for residential use or area in which person or persons regularly reside or any other business regulated under the provisions of this Chapter. This requirement shall be in addition to and not in lieu of the necessity of locating any such business within an area that is properly zoned for that type of business. This requirement may be waived by compliance with provisions of Section 640.030 of the Revised Ordinances of the City of Northmoor and shall not apply to any preexisting use in active operation on the effective date of this Chapter.

Section 635.030 Employee Permit Required.

[Ord. No. 181 §485.030, 2-11-1981]

No person shall be employed as an attendant, masseur, masseuse, model or as an employee of any kind in any establishment subject to the provisions of this Chapter unless he/she has a valid employee's permit issued by the City pursuant to the provisions of this Chapter.

Section 635.040 Application for Business Permit — Fee.

[Ord. No. 181 §485.040, 2-11-1981]

Every applicant for a permit to maintain, operate or conduct any such establishment shall file an application with the Board of Aldermen and pay an annual filing fee to the City Clerk of one hundred dollars ($100.00), which shall not be refundable or pro-rated. Such application for a permit to operate any such establishment shall set forth the exact nature of the services to be provided, the proposed place of business and facilities therefor, the name, address and telephone number of each applicant, and the name, address, and telephone number of each partner, manager, or stockholder holding more than ten percent (10%) of the stock of the applicant corporation.

In addition to the foregoing, any applicant for a permit shall furnish the following material:

Written proof that the applicant is at least eighteen (18) years old.

Two (2) portrait photographs at least two (2) inches by two (2) inches and fingerprints.

Business, occupation or employment of the applicant for the three (3) years immediately preceding the date of application.

The massage, bath house, modeling studio, body painting studio, escort service or bureau or dating service or bureau business license history of the applicant; whether such person in 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.

Any criminal convictions, except minor traffic violations, fully disclosing the jurisdiction in which convicted and the offense for which convicted and the circumstances thereof. If the applicant is a corporation, the information requested in this Subsection shall be provided for each stockholder holding more than ten percent (10%) of the stock of the applicant.

Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.

Section 635.050 Application for Employee Permits — Fees.

[Ord. No. 181 §485.050, 2-11-1981]

Any person employed to perform any services in a massage establishment, bath house, modeling studio, body painting studio, escort service or bureau or dating service or bureau, as defined herein, shall file a written application for an employee permit with the Chief of Police and pay a filing fee to the City Clerk of ten dollars ($10.00) which shall not be refundable or pro-rated. The permit shall be issued for one (1) year and a renewed annually on January first (1st) of each year.

The application for an employee permit shall contain the following:

Name, address and telephone number.

Two (2) portrait photographs at least two (2) inches by two (2) inches.

Applicant's weight, height, color of hair and eyes, and fingerprints.

Written evidence that the applicant is at least eighteen (18) years old.

Business, occupation or employment of the applicant for the three (3) years immediately preceding the date of application.

Whether such person has ever been convicted of any crime except minor traffic violations.

The position or function the applicant is being hired to perform within such establishment.

A statement in writing from a licensed physician that he/she has examined the applicant within the thirty (30) days prior thereto and believes the applicant to be free of all contagious or communicable diseases.

Section 635.060 Education Requirements — Masseur or Masseuse.

[Ord. No. 181 §485.060, 2-11-1981]

Any person who engages or intends to engage in the practice of massage as herein defined shall have a current massage therapy license issued by the State of Missouri.

Section 635.070 Identification Cards.

[Ord. No. 181 §485.070, 2-11-1981]

Each employee issued a permit by the Chief of Police under the provisions of this Chapter shall, at all times when working in an establishment subject to the provisions of the Chapter, have in his/her possession a valid identification card issued by the City bearing the employee's permit number, the employee's physical description and a photograph of such employee. Such identification cards shall be laminated to prevent alteration. Provided, that all persons granted permits under this Chapter shall at all times keep such permits available for inspection upon request of any person who by law may inspect same.

Section 635.080 Issuance of Business Permit.

[Ord. No. 181 §485.080, 2-11-1981; Ord. No. 183 §485.080, 4-8-1981]

After the filing of an application in the proper form, the Board of Aldermen shall examine the application and after such examination may issue a permit for the operation of a bath house, massage establishment, body painting studio, modeling studio, escort service or bureau or dating service or bureau. Provided however, such permit may be issued only in the event the Board of Aldermen is satisfied of the following facts:

The correct permit fee has been paid to the City.

The operation, as proposed by the applicant, if permitted, will comply with all applicable laws, including, but not limited to, the City's building, zoning and health regulations.

The applicant, if an individual; or any of the stockholders holding over ten percent (10%) of the stock of a corporation, any of the officers or directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the business have not been convicted of the following offenses:

Any offense which is considered a felony under the laws of the State of Missouri.

Any offense which, regardless of whether same is a misdemeanor under a State Statute or an ordinance violation, where such offense involves sexual misconduct, or the use of force and violence upon the person of another, involves narcotics, dangerous drugs or the use of a dangerous weapon.

The applicant has not knowingly made any false, misleading or fraudulent statement of fact in the permit application or in any document required by the City in conjunction therewith.

The applicant has not had a massage establishment, bath house, body painting studio, modeling studio or escort service as defined herein, or other similar permit or license denied, revoked or suspended for any of the above causes by the City or any other State or local agency within five (5) years prior to the date of the application.

The applicant, if an individual, or any of the officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the business is over the age of eighteen (18) years.

The manager or other person principally in charge of the operation of the business is eligible to receive a permit under the provisions of this Chapter.

Any permit issued under the provisions of this Chapter shall be at all times be displayed by the permittee in an open and conspicuous place on the premises where the permitted business is conducted.

Section 635.090 Issuance of Employee Permit.

[Ord. No. 181 §485.090, 2-11-1981]

The Chief of Police shall issue an employee permit within ten (10) days following application unless he/she finds that:

The applicant for the employee permit has been convicted of:

A felony;

An offense involving sexual misconduct with children;

Obscenity;

Keeping or residing in a house of ill fame;

Solicitation of a lewd or unlawful act;

Prostitution;

Pandering; or

The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the permit application or in any document required by the City in conjunction therewith; or

The correct permit fee has not been paid to the City; or

In the case of a masseur or masseuse, that the applicant has not successfully completed a resident course of study or learning from a recognized school as required under the provisions of Section 635.060.

Section 635.100 Revocation or Suspension of Business Permit.

[Ord. No. 181 §485.100, 2-11-1981]

Any permit issued for a massage establishment, bath house, modeling studio, body painting studio, escort service or bureau or dating service or bureau may be revoked or suspended by the Board of Aldermen upon the finding:

That any of the provisions of this Chapter have been violated;

The permittee or any employee of the permittee have been convicted of any offense described in this Chapter; including any offense described under Section 635.080(A)(3) of this Chapter; or

The permittee or licensee refuses to permit any duly authorized Police Officer or Health Inspector of the City to inspect the premises or the operation therein as provided by the provision of this Chapter.

The Board of Aldermen shall specify the reasons for the proposed revocation or suspension in writing, sent to the permittee at the permittee's address as listed in the application for permit, by registered mail. The permittee shall have ten (10) days to request a public hearing before the Board of Aldermen to present evidence on behalf of the permittee and against the proposed revocation or suspension. Such notice shall be in writing and delivered to the City Clerk or City Attorney. Such public hearing shall be held at the City Hall of the City of Northmoor, not less than fifteen (15) days after such hearing is requested by the permittee.

After hearing, and upon the finding that the permit should be revoked or suspended as provided in Subsection (A) of this Section, the Board of Aldermen may revoke the business permit or suspend such permit for a period of not less than thirty (30) days nor more than six (6) months.

Section 635.110 Revocation of Employee Permit.

[Ord. No. 181 §485.110, 2-11-1981]

An employee permit issued by the Chief of Police shall be revoked or suspended after a hearing before the Chief of Police or his/her designated representative where it is shown that the employee has been convicted of any offense enumerated in this Chapter.

The Chief of Police shall specify in writing, delivered to the employee, by certified mail, at the employee's address as provided in the application for employee permit, the reasons for the proposed revocation of permit. The employee shall have ten (10) days thereafter to request a public hearing before the Chief of Police or his/her designated representative, at which time the employee may present evidence on behalf of the employee and against the proposed revocation. Such request for public hearing shall be delivered to the City Clerk or City Attorney within such ten (10) day period. The public hearing shall be held at the City Hall of the City of Northmoor within fifteen (15) days after the request for same.

After hearing, and upon the finding that said permit should be revoked or suspended as provided in Subsection (A) of this Section, the Chief of Police or his/her designated representative may revoke such permit or suspend same for a period of not less than thirty (30) days nor more than six (6) months.

Section 635.120 Facilities Necessary.

[Ord. No. 181 §485.120, 2-11-1981]

No permit to conduct a massage establishment, bath house, modeling studio or body painting studio shall be issued unless an inspection by the Health Officer or his/her authorized representative reveals that the establishment complies with each of the following minimum requirements:

The walls shall be clean and painted with washable, mold resistant paint in all rooms where water or steam baths are given.

Floors shall be free from any accumulation of dust, dirt or refuse.

All equipment used in the business's operation shall be maintained in a clean and sanitary condition.

Towels, linens and items for personal use of employees or patrons shall be clean and freshly laundered. Each towel, cloth or sheet shall be used by only one (1) patron or employee. Heavy white paper may be substituted for sheets provided that such paper is changed for every patron.

No cubicle, room, booth or any area within any permitted establishment wherein any service or practice may be carried on shall be fitted with a door capable of being locked.

Toilet facilities shall be provided in convenient locations. Separate toilet facilities shall be provided for patrons and employees for each sex. One (1) water closet shall be provided for each twenty (20) employees or patrons of one (1) sex on the premises at any one time. In the male toilet facilities, urinals may be substituted for additional water closets after one (1) water closet has been provided. The outside door of such toilet facilities shall contain in letters no less than six (6) inches high the word "Men" and "Women".

Lavatories or wash basins with both hot and cold running water shall be installed in each toilet room or vestibule thereof. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels.

The Health Officer shall certify that the proposed business establishment complies with all of the requirements of this Section and shall give or send such certification to the Board of Aldermen. Provided however, that nothing contained herein shall be construed to eliminate other requirements of Statute or ordinance concerning the maintenance of premises, nor to preclude authorized inspection thereof.

Section 635.130 Inspections — Immediate Right of Entry.

[Ord. No. 181 §485.130, 2-11-1981]

The Police Department and the Department of Health and Sanitation may from time to time make inspections of each permitted establishment in this City for the purpose of determining compliance with the provisions of this Chapter. 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 immediate access to the premises or to hinder such officer in any manner.

Failure on the part of any permittee or employee to grant immediate access to such inspector shall be grounds for the revocation or suspension of any business or employee permit.

Section 635.140 Operating Regulations.

[Ord. No. 181 §485.140, 2-11-1981]

The operation of any bath house, massage establishment, modeling studio or body painting studio shall be subject to the following regulations:

Hours. Such business shall be closed and operations shall cease between the hours of 1:30 A.M. and 8:00 A.M.

Separation of sexes. It shall be unlawful for patrons of opposite sex to receive treatment in the same room or the same quarters at the same time.

Danger to safety, health. No service shall be given which is clearly dangerous or harmful in the opinion of the Health Officer to the safety or health of any patron or employee.

Alcoholic beverages. No alcoholic beverages or cereal malt beverages, nor the consumption thereof, shall be allowed, permitted or suffered to be done in or upon any premises permitted under the provisions of this Chapter.

Conduct of premises. All owners, managers, or other persons principally in charge of a business permitted hereunder shall at all times be responsible for the conduct of business on the premises of such business and for any act or conduct of any of the employees which constitutes a violation of the provisions of this Chapter. Any violation of the City, State or Federal laws committed on the permitted premises by any permittee or employee may be grounds for suspension or revocation of permittee's license.

Every portion of a permitted establishment, including appliances and personnel, shall be kept and operated in a clean and sanitary condition.

All employees shall be clean and wear clean outer garments, the use of which shall be restricted to the permitted 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 room shall open inward and shall be self-closing.

All employees, masseurs and masseuses must be modestly attired. Flimsy, transparent, form-fitting or tight clothing is prohibited. Clothing must cover the employees', masseurs' or masseuses' chests at all times.

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.

10.

All permitted establishments, when applicable, shall be provided with clean, laundered sheets and towels in sufficient quantity, which shall be laundered after each use thereof and stored in approved, sanitary manner.

11.

Wet or 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.

Section 635.150 Supervision.

[Ord. No. 181 §485.150, 2-11-1981]

A permittee shall have the premises supervised at all times when open for business. Any business rendering massage services shall have one (1) person who qualifies as a masseur or masseuse on the premises at all times while the establishment is open. The permittee shall personally supervise the business and shall not violate or permit others to violate any applicable provision of this Chapter. The violation of any such provision by any agent or employee of the permittee shall constitute a violation by the permittee.

Section 635.160 Advertising.

[Ord. No. 181 §485.170, 2-11-1981]

No 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 described in this Chapter, or that employees, masseurs, or masseuses are dressed in any manner other than as permitted under this Chapter; nor shall any establishment indicate in the text of such advertising that any service is available other than those services described in this Chapter.

Section 635.170 Transfer of Permits — Other Licenses and Fees.

[Ord. No. 181 §485.180, 2-11-1981]

Massage business, bath house, modeling studio, body painting studio, escort service or bureau, dating service or employee are not transferable.

Any applications made, fees paid and permits obtained under the provisions of this Chapter shall be in addition to and not in lieu of any other fees, permits or licenses required to be paid or obtained under any other ordinances of this City.

Section 635.180 Exceptions.

[Ord. No. 181 §485.190, 2-11-1981]

The provisions of 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 this State or persons working under the direction of any such persons or in any such establishment, nor shall this Chapter apply to barbers or cosmetologists lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by this State.

Section 635.190 Further Regulations.

[Ord. No. 181 §485.200, 2-11-1981]

The Board of Aldermen through the Police Department or the Health Officer may make and enforce reasonable rules and regulations not in conflict with, but to carry out, the intent of this Chapter.

Section 635.200 Restriction of Business to Premises.

[Ord. No. 181 §485.210, 2-11-1981]

All business or activity provided for under this Chapter shall be conducted and performed on the respective premises; provided however, that bath house or massage shop permittees or employees at the written description of a duly licensed physician may perform their services in behalf of physically incapacitated patients in such patient's home, residence or other designated place; and such permittee or employee, may render such treatment to persons who are bedfast or are so physically incapacitated that is impractical to provide same to such persons at a permitted location and provided such written direction is filed with the Police Department prior to rendering such service.

Section 635.210 Penalty.

[Ord. No. 181 §485.220, 2-11-1981]

Any person, firm, partnership, association or corporation convicted of violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and may be imprisoned for a period not to exceed sixty (60) days, or be fined not more than five hundred dollars ($500.00), or by both fine and imprisonment.

Section 635.220 Severability.

[Ord. No. 181 §485.230, 2-11-1981]

If any Section, Subsection, subdivision, paragraph, sentence, clause or phrase in this Chapter or any part hereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not effect the validity or effectiveness of the remaining portions of this Chapter or any part thereof.

Section 635.230 Director of Police.

[Ord. No. 181 §485.240, 2-11-1981]

The reference herein to Chief of Police shall include Director of Police or any other title indicating the individual in charge of the operation of the Northmoor Police Department.