[Ord. No. 699 §1, 12-18-2003]
Terms referred to in this Chapter are defined as follows:
Any person, other than a masseur or masseuse, who renders
any service to the permittee, who receives compensation or any consideration,
and who has no physical contact with the customers or clients.
Any establishment having a fixed place of business wherein
massage is given, engaged in or carried on, or permitted to be given,
engaged in or carried on, for any form of consideration.
Any person who administers to another person, for any form
of consideration, massage.
Any business not licensed as a massage establishment under
the provisions of this Chapter wherein massage is given, engaged in
or carried on, or permitted to be given, engaged in or carried on,
for any form of consideration, not at a fixed location but at a location
designated by the masseur or masseuse, customer or client.
Any person receiving a permit to operate a massage establishment
or outcall massage service under the provisions of this Chapter.
Any individual, co-partnership, firm, association, company,
corporation or combination of individuals of whatever forms or character.
[Ord. No. 699 §2, 12-18-2003]
It shall be unlawful for any person to engage in, conduct or
carry on, or to permit to be engaged in, conducted or carried on,
in or upon any premises in the City of Dardenne Prairie the operation
of a massage establishment or an outcall massage service as herein
defined without first having obtained a permit duly issued by the
City Clerk as set forth herein.
[Ord. No. 699 §3, 12-18-2003]
A.
An
application for a permit to engage in the business of a massage establishment
or outcall massage service shall be obtained from the City Clerk and
shall contain the following information:
1.
The two (2) previous addresses (if any) within the three (3) years
immediately prior to the present address of applicant;
2.
Written proof that the individual or partnership applicant is over
the age of eighteen (18) years;
3.
Businesses, occupations or employment of the applicant for the three
(3) years immediately preceding the date of the application;
4.
The history of applicant in the operation of a massage establishment,
outcall massage service or similar business or occupation;
5.
All criminal violations, other than misdemeanor traffic violations,
and lawful pardons or rehabilitative activity related thereto;
6.
The name and address of each masseur, masseuse or employee who is
or will be employed in said establishment or service or work as an
independent contractor therein, the terms and conditions of such employment
or contract, and the background of an employees including any police
record, if any;
7.
Such other identification and information necessary to discover the
truth of the matters hereinbefore specified as required to be set
forth in the application;
8.
If the applicant is a corporation, the names and residence of each
of the officers and directors of said corporation and of each stockholder
owning more than ten percent (10%) of the stock of the corporation.
[Ord. No. 699 §4, 12-18-2003]
All applications for a massage establishment or outcall massage
service permit shall be accompanied by an investigation fee of two
hundred fifty dollars ($250.00), no part of which shall be refundable.
[Ord. No. 699 §5, 12-18-2003; Ord.
No. 2013, 3-4-2020]
Upon the receipt of said application and the fee, the City Clerk
shall refer the application to the Police Department for a records
check on all persons named on said application and involved in the
business.
[Ord. No. 699 §6, 12-18-2003]
A.
The
City Clerk shall issue said permit if it is found:
1.
That the operation, as proposed by applicant, complies or would comply
with all applicable laws and ordinances.
2.
That applicant, or if the applicant is a corporation the officers,
directors and stockholders and employees as stated herein, be of good
moral character.
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Otherwise, said permit shall be denied. In the event of denial,
notification and reasons for denial shall be set forth in writing
and shall be sent to the applicant by means of certified mail or hand
delivery. Any aggrieved party may take an appeal.
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[Ord. No. 699 §7, 12-18-2003]
A.
The
permittee shall display the massage establishment or outcall massage
service permit issued in an open and conspicuous location on the premises
or in the principal place of business. The permittee shall maintain
a written listing of all masseuses or employees, whether employed
by him/her or as independent contractors. Such written list shall
be available for inspection during regular business hours. The permittee
shall display licenses of all employees along with a picture in a
prominent place in the establishment. The permittee shall keep a bound
log of the name, address, date, time and service performed on each
customer, and said log shall be available for inspection.
B.
Any
massage establishments or outcall massage services permit issued under
this Chapter shall be subject to suspension for up to ninety (90)
days or revocation by the City for violation of any provisions of
this Chapter or for any grounds that should warrant the denial of
the issuance of such permit at the time of the initial application.
The permittee shall be entitled to a hearing before the Board of Aldermen
prior to the suspension or revocation of any permit under this Chapter.
At such hearing evidence will be received for the purpose of determining
whether or not such permit shall be suspended or revoked or whether
the permit may be retained.
[Ord. No. 699 §8, 12-18-2003]
A.
The
operation of any massage establishment shall be subject to the following
regulations:
1.
Massage establishment shall be closed and operations shall cease
between the hours of 10:00 P.M. on one day and 6:00 A.M. the next
day.
2.
In any massage establishment it shall be unlawful for two (2) customers
to receive treatment in the same room or the same quarters at the
same time.
3.
No service shall be given in any massage establishment that is clearly
dangerous or harmful to the safety or health of the customers or employees.
4.
Neither alcoholic beverages, nor consumption thereof, shall be allowed,
permitted or suffered to be done in or upon any premises licensed
under the provisions of this Chapter.
5.
All operators licensed under the provisions of this Chapter shall
at all times be responsible for the conduct of himself/herself or
any of his/her employees which constitutes a violation of the provisions
of this Chapter. Any violation of the City, State or Federal laws
committed on the licensed premises by any such licensee or employee
affecting the eligibility or suitability of such person to hold a
license or permit may be grounds for suspension or revocation of same.
[Ord. No. 699 §9, 12-18-2003]
All business or activity provided for under this Chapter shall
be conducted and performed on the licensed premises; provided however,
that massage establishment licensees or employees, at the direction
of a duly licensed physician, may perform their services in behalf
of a physically incapacitated patient in such treatment to persons
who are bedfast or are so physically incapacitated that it is impractical
to provide same to such persons at a licensed location and, provided
further, that all such services so rendered shall have received the
prior approval from the City.
[Ord. No. 699 §10, 12-18-2003; Ord.
No. 2013, 3-4-2020]
City inspectors and Police Officers are hereby authorized to
enter and inspect any massage establishment at any reasonable time
to ascertain whether the provisions of this Chapter, any other City
ordinance or State law are being violated.
[Ord. No. 699 §11, 12-18-2003]
The provisions of this Chapter shall not apply to hospitals,
nursing homes, sanitarium, persons holding an unrevoked certificate
of entitlement to practice the healing arts under the laws of the
State of Missouri, athletic trainers, or persons working under the
direction and control of such persons or in any such establishments.
