City of Pleasant Valley, MO
Clay County
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Table of Contents
Table of Contents
Cross Reference — As to definitions, see §605.010 of this Title.
[Ord. No. 1649 §12, 3-1-1993; Ord. No. 1680 §1, 9-20-1993; Ord. No. 2738 §§1 — 3, 6-5-2006]
A. 
It shall be the duty of the Board of Aldermen to be responsible for performing the following functions:
1. 
To conduct a thorough, complete and full investigation of each applicant to ascertain the fitness and character of such applicant including, but not limited to, such factors as the applicant's criminal history, moral character and whether such applicant has any connections with criminal elements or organized crime.
2. 
To conduct examinations for those applicants who are qualified under the provisions of this Section to take same, to become massagists, masseurs and masseuses, to grade such tests and certify a list of successful candidates after each examination.
3. 
To adopt reasonable written regulations governing such examinations to be approved by the Board of Aldermen, to be on file in the office of the City Clerk, and to be available for review.
4. 
To conduct a thorough, complete and full investigation of the premises of each proposed business establishment making application for a license pursuant to this Section and ascertain the compliance of the premises to the applicable codes.
B. 
In performing such functions, the Board of Aldermen may request and shall receive assistance from any City department(s) or may request assistance from any other government entity, as necessary, to determine whether a license or permit should be granted.
C. 
It shall be the duty of the Board of Aldermen to be responsible for performing the following functions:
1. 
To conduct a thorough, complete, and full investigation of each applicant to ascertain the fitness and character of such applicant, including but not limited to such factors as the applicant's criminal history, moral character, and whether such applicant has any connections with criminal elements or organized crime.
2. 
To conduct examinations for those applicants who are qualified under the provisions of this Section to take same, to become massagists, masseurs and masseuses, to grade such tests and certify a list of successful candidates after each examination.
3. 
To adopt reasonable written regulations governing such examinations to be approved by the Board of Aldermen, to be on file in the office of the City Clerk, and to be available for review.
4. 
To conduct a thorough, complete and full investigation of the premises of each proposed business establishment making application for a license pursuant to this Section and ascertain the compliance of the premises to the applicable codes.
D. 
In performing such functions, the Board of Aldermen may request and shall receive assistance from any City department(s), or may request assistance from any other government entity, as necessary, to determine whether a license or permit should be granted.
[Ord. No. 1649 §12 Art. 1(A), 3-1-1993; Ord. No. 2738 §3, 6-5-2006]
A. 
The Board of Aldermen as defined heretofore shall have the authority to approve or deny any applications for operator's licenses or employee/attendant's permits issued pursuant to this Section, and such approval or denial shall be issued within a reasonable period of time. In no case shall such Board of Aldermen act to approve or deny such license later than sixty (60) days from the date such application for license or permit was accepted.
B. 
Such license or permit shall be issued if all requirements have been met unless the Board of Aldermen finds that the applicant is not qualified to obtain such license or permit pursuant to the criteria specified in this Section.
[Ord. No. 1649 §12 Art. 1(B), 3-1-1993]
A. 
All businesses licensed pursuant to this Section, by applying for a license, have consented to allow the right of immediate entry and inspection of the licensed premises during normal business hours or other reasonable time to any duly authorized personnel employed by the Fire Department, Health Department, Public Works Department, Police Department or to any Law Enforcement Officer of the City, State or Federal Governments, and such consent to immediate entry and inspection shall not be revocable during the term of the license. All licensees, employees, permittees and attendants shall permit immediate, undelayed access, without management approval, of any duly authorized inspector.
B. 
It shall be a breach of application standards for any owner, operator, licensee, employee, or patron to hinder or prohibit any such right to entry and inspection in any business establishment licensed pursuant to this Section. Any such refusal to submit to immediate entry and inspection to duly authorized persons shall be grounds for suspension or revocation of the license.
[Ord. No. 1649 §12 Art. 1(C), 3-1-1993; Ord. No. 2716 §1, 12-19-2005]
A. 
False Information. It shall be unlawful for any person to give false information either in writing or orally for the obtaining of any license to operate a business licensed pursuant to this Section, or for the obtaining of any attendant's or employee's permit to perform any service in any such licensed business.
B. 
Any person convicted of a violation of Subsection (A) above shall be punished by a fine not to exceed five hundred dollars ($500.00) nor less than one hundred dollars ($100.00), or by imprisonment in a municipal correction facility for a period not to exceed ninety (90) days, or by both such fine and imprisonment.
C. 
No permit shall be issued to any applicant who at the time owes delinquent taxes to the City until all such delinquent taxes have been paid.
[Ord. No. 1649 §12 Art. 1(D), 3-1-1993]
A. 
This Section shall not apply to the following individuals while actually engaged in the personal performance of the duties of their respective professions:
1. 
Physicians, surgeons, chiropractors, osteopaths, nurses or physical therapists who are duly licensed to practice their respective professions in the State.
2. 
Barbers and beauticians who are licensed to perform their respective services in the State and whose use of massage is generally limited to massages of the scalp, face, neck, and hair, and whose use of massage is secondary to their primary function.
3. 
Institutions who provide supervised athletic, physical development, and training programs, and whose use of massage is conducive to the overall effectiveness of the program in which their clientele participates.
[Ord. No. 1649 §12 Art. 2, 3-1-1993; Ord. No. 2738 §3, 6-5-2006]
A. 
No massage parlor or establishment, as defined in Section 605.010, shall commence operation, or operate, within the City of Pleasant Valley before or until the owner or manager, or all part-owners in the case of a partnership or corporation, of such massage parlor or establishment has applied to the Board of Aldermen for a license to operate such massage parlor or establishment and has met all the requirements prescribed in this Section for the issuance of such license and has been approved by the Board of Aldermen pursuant to the provisions of this Chapter.
B. 
If any applicant for, or any owner, partner, manager, principal or employee required to be listed on said application, including any officer, director or shareholder holding at least ten percent (10%) or more of the capital stock of the proposed massage parlor or establishment, as defined in Section 605.010, shall have been convicted for any of the offenses of sodomy, procuring, pandering, keeping a bawdy house, keeping an assignation house, engaging in prostitution, engaging in assignation or any offense contained in Chapter 563, RSMo., or any other felony, the application shall be considered disapproved, provided that if said conviction shall have occurred five (5) or more years prior to the date of the application and the applicant shall have exhibited every evidence of rehabilitation during the intervening five (5) years, and shall have no other convictions for any offenses contained in Chapter 563, RSMo., or any other felony, during that period the application may be submitted to the Board of Aldermen for their consideration.
C. 
Every applicant for a license to operate a massage parlor shall file an application and four (4) duplicate copies, under oath, with the Board of Aldermen upon a form provided by the Board of Aldermen.
D. 
Copies of the application shall be forwarded within five (5) days thereafter to the Fire Department, Health Department, and the Public Works Department for the necessary clearances and certifications that the proposed premises and the applicant meet the standards of the applicable laws and ordinances. The premises shall meet the requirements of the applicable City building, fire, life, safety, electrical, mechanical, plumbing and health codes, and there shall be a minimum of eight (8) lumens of lighting in all parts of the premises.
E. 
All applications for licenses shall contain, but are not limited to, the following information:
1. 
The type of license applied for.
2. 
The name, nicknames and aliases, age, birthday, place of birth, social security number and residence of the applicant.
3. 
The location, mailing address and all telephone numbers where the desired business is to be located.
4. 
If the applicant is a corporation, the names and residence addresses of each of the officers and directors of the corporation, of any person having a financial or other beneficial interest in the corporation, and of each stockholder owning more than ten percent (10%) of the stock of the corporation, and the address of the massage establishment. The application shall be made by a manager, director, officer, or agent of the corporation who shall furnish all information and perform all acts required on the application, and shall be accompanied by a copy of the articles of incorporation.
5. 
If the applicant is a partnership, the names and residence addresses of each of the partners including limited partners, and the address of the partnership itself, if different from the address of the massage establishment.
6. 
If the applicant is a joint venture, or any other type of business wherein two (2) or more persons have a financial or other beneficial interest in the business, the names and residence addresses of all persons having a financial or other beneficial interest in the business, and the address of the business itself, if different from the address of the massage establishment.
7. 
A current, complete and legible floor plan(s) of the business premises and storage areas; and it must contain all areas in which the applicant desires to conduct the business.
8. 
The two (2) previous addresses of the applicant immediately prior to the applicant's present address, and the dates of the residency there.
9. 
All criminal convictions other than minor traffic violations, including the dates of convictions, nature of crimes, and court jurisdictions.
10. 
The names and addresses of each employee who is employed or will be employed in the proposed business establishment.
11. 
A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.
12. 
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 license.
F. 
All applications for licenses shall be accompanied by a full set of fingerprints and a photograph taken by the Police Department.
G. 
The applications shall be accompanied by at least two (2) notarized written character references.
H. 
The applicant must submit to a physical examination by a licensed physician at the applicant's expense, and supply written proof that such examining physician attests that the applicant is free from any and all communicable diseases.
I. 
The applicant must consent to allowing the right of immediate entry and inspection during normal business hours or at other reasonable times, of any premises subject to the control of any business establishment licensed pursuant to this Section. This right to immediate entry and inspection shall extend to any duly authorized Law Enforcement Officer of the City, State, or Federal Governments, and to authorized personnel employed by the Fire Department, Health Department and Public Works Department.
J. 
All applications for a massage parlor license shall be presented in person to the Board of Aldermen by the applicant or applicants at the next meeting of the Board of Aldermen. If the applicant or applicants, and the establishment, meet all the requirements of this Section, the Board may issue a license for operation until the thirtieth (30th) of June of the year in which the license is issued, or thirtieth (30th) of June of the next year, if the license is issued after the first (1st) of July but prior to January. All licenses are subject to annual renewal on the first (1st) of July of each year, and must meet the requirements and standards for licensing as prescribed in this Section as though a new license were being issued.
[Ord. No. 1649 §12 Art. 2(A), 3-1-1993; Ord. No. 2738 §3, 6-5-2006]
A. 
The Board of Aldermen shall have the power to deny any application for a license if any of the following facts have been established, if the applicant is not a person of good moral character, or as otherwise provided in this Section. No license to operate a massage parlor shall be issued if:
1. 
The applicant has been convicted of any felony in any State, unless there has been a period of five (5) years or more since the person:
a. 
Satisfied the sentence imposed or was discharged from probation; or
b. 
Was paroled or received a suspended sentence.
2. 
The applicant has any conviction for violating any Federal, State or local laws concerning the possession or distribution of narcotic or controlled substances.
3. 
The applicant fails to offer proof from a licensed physician of freedom from communicable diseases.
4. 
The applicant has knowingly made any false, misleading or fraudulent statements of any material facts when making application for a license.
5. 
The applicant has been convicted of a crime, either felony or misdemeanor, involving moral turpitude, a sex-related offense, a crime against the public morals, a crime affecting the public trust, racketeering or any of the offenses against the decency of the community. For the purposes of this Section, the terms "public morals" and "offense of moral turpitude" shall mean and include those charges involving prostitution, pimping, indecent exposure, illegal use and possession of narcotics, marijuana, and all controlled substances as that term is defined in Section 210.540 of this Code, and any convictions of the crimes of sodomy, incest, gambling, and crimes against nature.
6. 
The applicant refuses to submit to fingerprinting and photographing.
7. 
The applicant has any outstanding warrants from any State, Federal, or municipal law enforcement agency.
8. 
The applicant refuses to comply with any provisions required on a license application pursuant to the criteria in this Section.
9. 
The applicant has had a massage parlor, massage business, or other similar license revoked by the City or any other government entity anywhere within two (2) years of the present application.
10. 
The applicant is not of at least eighteen (18) years of age.
[Ord. No. 1649 §12 Art. 2(B), 3-1-1993]
A non-refundable annual license fee for regulatory purposes in the amount established by the Board of Aldermen is levied upon any person operating a massage parlor within the corporate limits of the City. No rebate or return of any portion of the license fee shall be made in case the license is revoked. The license fee for all massage parlors or establishments shall be the amount established in Section 605.050 of this Title. All such licenses issued shall be prominently displayed.
[Ord. No. 1649 §12 Art. 2(C), 3-1-1993]
Each license to operate a massage parlor issued pursuant to this Chapter shall be renewable on July first (1st) of each year, at which time application for a renewal license must be made.
[Ord. No. 1649 §12 Art. 2(D), 3-1-1993]
All licenses shall allow the licensee to operate such business only at the premises specified in such license, in accordance with the provisions of this Section. All licenses issued hereunder shall be for one (1) particular premises and shall not be transferable.
[Ord. No. 1649 §12 Art. 2(E), 3-1-1993]
Every license shall be conspicuously displayed within the licensed premises.
[Ord. No. 1649 §12 Art. 2(F), 3-1-1993; Ord. No. 2738 §3, 6-5-2006]
A. 
Grounds. Any license authorized and issued to any person(s) to own, operate, maintain, or manage a massage parlor may be revoked or suspended by the Board of Aldermen for any of the following violations:
1. 
The licensee, the licensee's agent, employee, or anyone acting under the licensee, has refused to allow immediate entry and inspection to any person authorized in this Chapter.
2. 
The licensee is convicted of any Federal, State, or municipal law, ordinance or regulation pertaining to drugs or controlled substances, any prostitution related offense, any crime against the decency of the community, or a crime of moral turpitude as described herein, or is convicted of any felony in any State.
3. 
A permittee of the license is convicted of any Federal, State or municipal law, ordinance, or regulation, pertaining to drugs or controlled substances, any prostitution related offense, any crime against the decency of the community, or a crime of moral turpitude, based on acts or conduct which occurred on or at the licensed premises.
4. 
The licensee has become ineligible to obtain such license.
5. 
The licensed premises have become a public nuisance, or currently do not comply with the fire, health, and safety codes of the City.
6. 
The licensee has, or his/her agents or employees have, violated any of the provisions of this Section.
7. 
Conduct of business, responsibility. All operators licensed under the provisions of this Section shall at all times be responsible for the conduct of business on their licensed premises and for any act or conduct of his/her or any of his/her employees on such premises which constitutes a violation of any of the provisions of this Section. Any act or conduct violative of the City, State or Federal laws committed by the licensee or his/her employees on the licensed premises affecting the suitability of such licensee or employee to hold a license or permit may be grounds for suspension or revocation, after notice and hearing, or same.
8. 
The licensee has falsified or materially misrepresented information requested on his/her application for a license.
B. 
Procedure. The procedure for revocation or suspension may be instituted by the filing of a written complaint with the City Clerk, by the Police Department or by any citizen of the City. The City Clerk shall present the same at the next meeting of the Board of Aldermen. Upon such hearing, the Board of Aldermen shall have the power to revoke or suspend any license issued under the provisions hereof if a majority of the members of the Board deem it appropriate.
[Ord. No. 1649 §12 Art. 2(G), 3-1-1993; Ord. No. 2738 §3, 6-5-2006]
Any person aggrieved by the denial, revocation or suspension of a license shall have the right to appeal to the Chairman of the Board of Aldermen. The appeal shall be taken within ten (10) days after service of the notice of rejection, revocation or suspension and shall be filed, in writing, with the City Clerk. All hearing proceedings for an appeal shall be conducted in accordance with the applicable provisions of Chapter 536, RSMo., and Rule 100, Rules of Civil Procedure, Supreme Court of Missouri. It shall be unlawful for any licensee or permittee to engage in their respective occupations within the City during the period of their suspension or after revocation after the order of the Chairman of the Board of Aldermen has become final. The proceedings shall be competently reported in the manner provided for in civil proceedings in the Circuit Courts of this State. The testimony shall be transcribed whenever required. Subpoenas to the hearings shall be issued by the Chairman of the Board of Aldermen for any person found within the territorial jurisdiction of the Chairman at the instance of the City, the licensee or permittee cited, or the person aggrieved. The subpoenas may be served by any authorized representative of the Chairman or in any manner provided by law in such cases. The return thereon shall be in the same manner required in civil suits in the Circuit Courts of this State. It shall be unlawful, less for justifiable excuse, for any witness to fail to answer to a subpoena after being validly served and shall be subject to arrest and conviction for such offense in the Municipal Court upon the complaint and warrant issued in pursuant thereto. Unless expressly waived by the licensee or permittee upon the record or in writing, no order of suspension or revocation by the Chairman made under the provisions of this Section shall become effective until ten (10) days after rendition of same.
[Ord. No. 1649 §12 Art. 3, 3-1-1993; Ord. No. 2738 §3, 6-5-2006]
No person shall be employed to perform any services in any massage parlor licensed pursuant to this Section as an employee or an attendant without first having obtained a valid, unrevoked, and unexpired permit issued by the Board of Aldermen pursuant to the provisions of this Section.
[Ord. No. 1649 §12 Art. 3(A), 3-1-1993; Ord. No. 1686 §1, 11-1-1993; Ord. No. 2738 §3, 6-5-2006]
A. 
Any person desiring to be employed at any business licensed pursuant to this Section shall make application to the Board of Aldermen, under oath, as herein provided and shall, upon payment of a non-refundable permit fee in the amount established by the Board of Aldermen, complete all acts and provide all information required by the Board of Aldermen. The non-refundable permit fee for new applicants shall be one hundred dollars ($100.00) plus an examination fee of fifty dollars ($50.00). The annual renewal permit fee shall be one hundred dollars ($100.00).
B. 
Any person desiring to be employed in the capacity of an attendant shall undergo an examination to determine the applicant's skill and knowledge of all forms and methods of baths, hydrotherapy, body manipulations and physiotherapy.
C. 
Every person employed in a massage parlor or establishment who shall engage in the practice of massage or treatment in any form as defined herein shall hold a certificate from a school or institution teaching the theory, method, profession, or work of massage, which school requires a resident course of study of not less than five hundred (500) hours before the student shall be furnished with a diploma or certificate of graduation from such school.
D. 
All applicants shall provide the following information requested on the application forms:
1. 
The full name, nicknames and aliases, gender, present and previous employers, present and previous addresses within the last ten (10) years, marital status, and social security number.
2. 
The applicant's date of birth, place of birth, height, weight, color of hair, color of eyes.
3. 
Written evidence that the applicant is at least eighteen (18) years of age.
4. 
A complete statement of all convictions of the applicant for any felony or misdemeanor or local ordinance violations, except misdemeanor traffic violations.
5. 
Whether the applicant will be working in the capacity of any employee or an attendant as defined heretofore.
6. 
A specific description of the location of the principal place of business or proposed place of business of the applicant; and the prospective employer or principal of the applicant.
7. 
Any such other information as the Board of Aldermen shall find reasonably necessary to effectuate the general purpose of this Section and to make a fair determination of whether the terms of this Section have been complied with.
8. 
If the applicant is applying for employment as an attendant, whether the applicant has graduated from a school of hydrotherapy or physiotherapy which is certified by the State of Missouri, Coordinating Board for Higher Education, Jefferson City, Missouri.
9. 
Whether or not the applicant uses alcoholic beverages or narcotics, and to what extent.
10. 
Whether or not the applicant is a citizen of the United States.
11. 
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 qualifications of the applicant for the permit.
E. 
The application shall be accompanied by a full set of fingerprints and a recent photograph taken by the Police Department.
F. 
The application shall be accompanied by at least three (3) notarized written character references.
G. 
The applicant must submit to a physical examination by a licensed physician at the applicant's expense, and supply proof from such examining physician attesting that the applicant is free from communicable diseases, including a certificate stating that the applicant has been tested for HIV, and the results thereof.
[Ord. No. 1649 §12 Art. 3(B), 3-1-1993; Ord. No. 2738 §3, 6-5-2006]
A. 
The Board of Aldermen shall have the power to deny any application for a permit to be employed in a massage parlor regulated by this Section if any of the following facts have been established, if the applicant is not a person of good moral character, or as otherwise provided in this Section. No permit to engage as an employee or attendant shall be issued if:
1. 
The applicant has been convicted of any felony in any State, unless there has been a period of five (5) years or more since the person:
a. 
Satisfied the sentence imposed or was discharged from probation; or
b. 
Was paroled or received a suspended sentence.
2. 
The applicant has any convictions for violating any Federal, State or local laws concerning the possession or distribution of narcotic or controlled substances.
3. 
The applicant fails to offer proof from a licensed physician of freedom from communicable diseases.
4. 
The applicant has knowingly made any false, misleading or fraudulent statements of any material facts when making application for a permit.
5. 
The applicant has been convicted of a crime, either felony or misdemeanor, involving moral turpitude, a sex-related offense, a crime against the public morals, a crime affecting the public trust, racketeering or any of the offenses against the decency of the community. For the purposes of this Section, the terms "public morals" and "offense of moral turpitude" shall mean and include those charges involving prostitution, pimping, indecent exposure, illegal use and possession of narcotics, marijuana, and all controlled substances as that term is defined in Section 210.540 of this Code, and any convictions of the crimes of sodomy, incest, gambling, and crimes against nature.
6. 
The applicant refuses to submit to fingerprinting and photographing.
7. 
The applicant has any outstanding warrants from any State, Federal, or municipal law enforcement agency.
8. 
The applicant refuses to comply with any provisions required on a permit application.
9. 
The applicant has had a massage parlor, massage business, employee or attendant, or other similar permit revoked by the City or any other government entity anywhere within two (2) years of the present application.
10. 
The applicant for an attendant permit fails to pass the examination conducted by the Board of Aldermen.
[Ord. No. 1649 §12 Art. 3(C), 3-1-1993]
Each permit shall be renewable on July first (1st) of each year, at which time application for a renewal permit must be made.
[Ord. No. 1649 §12 Art. 3(D), 3-1-1993]
Any employee or attendant having been issued a permit shall present it upon demand to any agent or officer of the Police Department upon demand, or to any other persons authorized by this Chapter to make inspections of any business licensed pursuant to this Chapter.
[Ord. No. 1649 §12 Art. 3(E), 3-1-1993; Ord. No. 2738 §3, 6-5-2006]
A. 
Grounds. Any permit authorized and issued to any person(s) to provide any service in any massage parlor pursuant to this Section may be revoked or suspended by the Board of Aldermen for any of the following violations:
1. 
The permittee prohibits or hinders the right to immediate entry and inspection to any person authorized heretofore in this Chapter.
2. 
The permittee is convicted of any Federal, State, or municipal law, ordinance or regulation pertaining to drugs or controlled substances, any prostitution related offense, any crime against the decency of the community, or a crime of moral turpitude as described herein, or is convicted of any felony in any State.
3. 
The permittee has become ineligible to obtain the permit.
4. 
The permittee has violated any of the provisions of this Section.
5. 
The permittee has falsified or materially misrepresented information requested on the application for a permit.
B. 
Procedure. The procedure for revocation or suspension may be instituted by the filing of a written complaint with the City Clerk, by the Police Department or by any citizen of the City. The City Clerk shall present the same at the next meeting of the Board of Aldermen. Upon such hearing, the Board of Aldermen shall have the power to revoke or suspend any permit issued under the provisions hereof if a majority of the members of the Board shall deem it appropriate.
C. 
Appeal. Any person aggrieved by the suspension or revocation of a permit shall have the right to appeal to the Chairman of the Board of Aldermen. The appeal shall be taken within ten (10) working days after service of the notice of suspension or revocation and shall be filed, in writing, with the City Clerk. All hearing proceedings for an appeal shall be conducted in accordance with the applicable provisions of Chapter 536, RSMo., and Rule 100, Rules of Civil Procedure, Supreme Court of Missouri. It shall be unlawful for any licensee or permittee to engage in their respective occupations within the City during the period of their suspension or after the revocation after the order of the Chairman of the Board of Aldermen has become final. The proceedings shall be competently reported in the manner provided for in civil proceedings in the Circuit Courts of this State. The testimony shall be transcribed whenever required. Subpoenas to the hearings shall be issued by the Chairman of the Board of Aldermen for any person found within the territorial jurisdiction of the Chairman at the instance of the City, the licensee or permittee cited, or the person aggrieved. The subpoenas may be served by any authorized representative of the Chairman or in any manner provided by law in such cases. The return thereon shall be in the same manner required in civil suits in the Circuit Courts of this State. It shall be unlawful, unless for justifiable excuse, for any witness to fail to answer to a subpoena after being validly served and shall be subject to arrest and conviction for such offense in the Municipal Court upon the complaint and warrant issued in pursuant thereto. Unless expressly waived by the licensee or permittee upon the record or in writing, no order of suspension or revocation by the Chairman made under the provisions of this Section shall become effective until ten (10) days after rendition of same.
[Ord. No. 1649 §12 Art. 4(A), 3-1-1993; Ord. No. 2738 §3, 6-5-2006]
A. 
Any person authorized to operate, own, maintain, manage, or provide any service in any business establishment licensed pursuant to this Section shall have certain specific duties and obligations to perform as a criterion to retaining valid status as a licensee or permittee:
1. 
Separate facilities shall be provided for male and female patrons. Except for toilet facilities, separate cubicles or rooms shall be open on at least one (1) side, but the facilities provided for one (1) sex shall be fully restricted from the view of the facilities provided for the other sex. It shall be unlawful for any massage services to be performed or carried on in any cubicle, room, booth or any area within a massage establishment which is fitted with a door capable of being locked.
2. 
All employees shall be fully clothed at all times, all clothing from the waist down being at least mid-thigh in length. All clothing shall be opaque; skin tight garments shall not be used; bare arms are permitted, but the torso shall otherwise be covered. Patterns and designs outlining or emphasizing bodily structure are prohibited. All permittees, licensees, employees, and attendants shall be clothed during the use of pool, tub, or shower facilities or during any hydrotherapy.
3. 
Separate toilet and lavatory facilities shall be provided meeting the requirements of the City Code for all public buildings, and lavatories or wash basins shall be installed providing both hot and cold running water.
4. 
Every portion of a massage parlor or establishment, including appliances, apparatus, toilet facilities and lavatory facilities, equipment and personnel shall be kept clean and operated in a sanitary condition at all times.
5. 
Construction of rooms used for toilets, tubs, steam baths, and showers shall be made waterproof with approve waterproofed materials and shall be installed in accordance with the City of Pleasant Valley Building and Plumbing Codes. These facilities shall be available for immediate inspection by any duly authorized personnel. City, County, and State Health Inspectors shall make regular inspections of the facilities. They shall be certified free of communicable disease. This certificate shall be filed with the Board of Aldermen every three (3) months.
6. 
All person authorized under this Section to become a licensee or permittee in any business establishment licensed hereunder shall immediately notify the Board of Aldermen in writing of any change of residence or employment, and all employers or licensees shall notify the Board of Aldermen in writing of the termination of employment of any of their permittees.
7. 
All permittees authorized by this Section shall submit to a physical examination every six (6) months by a licensed physician, and every such permittee shall provide written proof from such licensed physician that the permittee is free from any and all communicable diseases, and shall provide a certificate stating that said applicant has completed HIV testing and the results thereof.
8. 
All licensees shall keep a register of all employees, including attendants, showing for each, the name, address, age, sex, race, general duties and such other reasonable and proper information as may be required by the Board of Aldermen.
9. 
All licensees shall employ only those persons authorized by the Board of Aldermen in compliance with this Section.
10. 
Licensees and permittees shall neither provide nor allow any services or acts to take place on the licensed premises that would constitute a violation of any Federal, State, or City law.
11. 
All licensees and permittees shall allow the right of immediate entry and inspection at any reasonable time of any premises licensed pursuant to this Chapter. Such right to immediate entry and inspection shall extend to any duly authorized personnel of the Fire Department, Health Department, License Inspection Department, Public Works Department, or to any Law Enforcement Officer of the City, State or Federal Governments.
All licensees, employees, permittees, and attendants shall permit immediate, undelayed access, without management presence or approval, of any duly authorized inspector.
[Ord. No. 1649 §12 Art. 4(B), 3-1-1993]
A. 
All massage parlors shall be closed for business and all operations cease between the hours of 11:00 P.M. and 6:00 A.M.
B. 
No person shall be allowed to remain inside of the premises of any business licensed pursuant to this Section between the hours of 11:00 P.M. and 6:00 A.M.
[Ord. No. 1649 §12 Art. 4(C), 3-1-1993]
A. 
It shall be unlawful for any owner, operator, manager, or other agent of any business licensed pursuant to this Section to employ any person under the age of eighteen (18) years in connection with any of the services offered at any such business.
B. 
It shall likewise be unlawful for any owner, operator, manager, agent, or employee of any business licensed pursuant to this Section to allow any person under the age of eighteen (18) on the licensed premises for the purpose of receiving services offered at any such business.
C. 
No person under the age of eighteen (18) shall misrepresent such person's age for the purpose of receiving any such services at any business licensed pursuant to this Chapter.
[Ord. No. 1649 §12 Art. 5, 3-1-1993; Ord. No. 2738 §3, 6-5-2006]
A. 
It shall be unlawful for any person, in any business licensed pursuant to this Chapter, to commit any of the following acts:
1. 
To expose such person's sexual or genital areas, or any portions thereof, to another person.
2. 
To expose the sexual or genital areas, or any portions thereof, of any other person.
3. 
To fail to conceal with a fully opaque or nontransparent covering, the sexual or genital areas of such person's body, while in the presence of any other person.
B. 
It shall be unlawful for any person owning, operating, managing, or maintaining any business licensed pursuant to this Section, knowingly to cause, allow or permit in or about such business premises, any agent, attendant or other employee, or any other person under such person's control or supervision, to perform any of the aforementioned unlawful acts.
C. 
No massage parlor or establishment granted a license under the provisions of this Section shall place, publish or distribute or cause to be distributed any advertisement, picture or statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to purchase or utilize any professional massage service.
D. 
It shall be unlawful for any permittee or any employee of a massage parlor or establishment, to touch or massage the genitals of a male or female client or customer, to touch or massage the female breasts or areolas; in addition said portions of the patrons' bodies shall be covered by a towel, sheet or other opaque material, or clothing, at all times.
E. 
It shall further be unlawful for any permittee to administer massage on a call-out basis, except upon a prescription issued by a physician licensed under Chapter 334, RSMo., no permittee or employee shall administer massage in any place other than within an establishment licensed to carry on such business.
F. 
It shall further be unlawful for any such establishment so licensed to commence operation or be in operation without posting in a conspicuous place a sign listing services and rates to be charged and a sign notifying customers that premises are subject to inspection without notice by authorized City Officials.
G. 
No alcoholic beverages shall be maintained, dispensed, consumed or sold on the premises.
H. 
The Board of Aldermen or any duly authorized personnel shall be authorized to make inspections at reasonable times and hours of any establishment licensed under the provisions of this Section for purposes of determining whether the provisions of this Section or any other City ordinance or State law, they are authorized to enforce, is being fully complied with. It shall be unlawful for any licensee or employee of such licensee to refuse such entry into his/her licensed premises or any part thereof and such refusal shall make such person liable to immediate arrest therefor, or to be taken into custody under the City's process of a duly issued complaint and warrant for the arrest of such person for such offense and trial therefor in the Municipal Court. If, in the opinion of the Board of Aldermen, his/her authorized representative or any member of the Police Department, probable cause exists for belief that the laws of the City or the State are being violated, such person may apply to the proper court for a warrant to search such premises under the provisions of the applicable City ordinance or State Statute relating to such process.
[Ord. No. 1649 §13, 3-1-1993]
All licenses, except as otherwise specifically provided for by ordinance shall be due on and issued as of July first (1st) of the current year and shall expire on June thirtieth (30th) of the following year. No license shall be issued for more than one (1) year.
[Ord. No. 1649 §14, 3-1-1993]
Any person violating any of the terms or provisions of this Chapter shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not exceeding five hundred dollars ($500.00), or by imprisonment for a period of ninety (90) days, or by both such fine and imprisonment. Each and every day that any person continues to violate any of the terms and provisions of this Chapter shall be deemed a separate and distinct offense.