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 31st of December
of the year in which the license is issued. All licenses are subject
to annual renewal on the first of January 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. 3377, 5-18-2020]
[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:
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; Ord.
No. 3377, 5-18-2020]
Each license to operate a massage parlor issued pursuant to
this Chapter shall be renewable on January 1 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:
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(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]
[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; Ord.
No. 3377, 5-18-2020]
All licenses, except as otherwise specifically provided for
by ordinance, shall be due on and issued as of January 1 of the current
year and shall expire on December 31 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.
