[R.O. 1995 § 650.010; Ord. No. 2009-07 § 1, 6-10-2009]
A. It is hereby declared that "massage therapy," as defined in this
Section, is a business affecting the public health, safety and general
welfare.
B. For the purpose of this Chapter, the following words or phrases shall
have the meanings respectively ascribed to them by this Section:
EMPLOYEE
Any and all persons, other than a massage therapist, who
render any service for a massage therapist or massage business, who
receive compensation directly from a massage therapist or massage
business and who has no direct physical contact with customers or
clients.
MASSAGE THERAPIST
Any person who practices or holds themselves out as a practitioner
of massage therapy within the City.
MASSAGE THERAPY
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.
OUTCALL MASSAGE THERAPY
Massage therapy performed not at a fixed location but at
locations designated by the massage therapist, customer or client
from time to time.
[R.O. 1995 § 650.020; Ord. No. 2009-07 § 1, 6-10-2009]
A. A business license is required for the following:
1.
Massage Therapist. It shall be unlawful for any person, including persons performing outcall massage therapy, to engage in the practice of massage therapy within the City without having first obtained a massage therapist license from the State of Missouri. It shall be unlawful for any person, including persons performing outcall massage therapy, to engage in the practice of massage therapy within the City without a business license as required in Subsection
(A)(2) or
(3) of this Section.
2.
Massage Business. It shall be unlawful for any business to allow
the practice or performance of massage therapy on its premises within
the City or to engage in massage therapy within the City, including
outcall massage therapy, without first having obtained a massage business
license from the State of Missouri and a business license from the
City of Bel-Ridge.
3.
Any business that provides massage therapy services in addition
to other services shall obtain a City of Bel-Ridge business license.
This can be included in the regular City business license for the
business license provided that the license does state massage therapy
services as one (1) of the business services. Any such businesses
that provide for contracted massage therapy services shall also be
required to obtain a City business license.
4.
Any person who operates a home business located within the City
that involves providing outcall massage therapy is required to comply
with the provisions for a home business as prescribed by the Bel-Ridge
City Code.
5.
Providing massage therapy services within the home of the person
operating said business is not an authorized home business unless
the zoning for that location allows businesses.
6.
Any persons exempt from having to obtain a massage therapist
or massage business license under the laws of the State of Missouri
shall obtain a City business license unless exempted by State law
or City ordinance.
B. The following additional information must be provided for each business
license that includes massage therapy.
1.
A copy of a valid license identifying the applicant as a massage
business and/or massage therapist (as applicable) licensed in the
State of Missouri shall be provided.
2.
Information required for a police background check including,
but not limited to, date of birth, race, copy of driver's license
and home address.
3.
A statement must be made for any crime other than minor traffic
violations including giving the place and court in which the conviction
was obtained and the sentence imposed as a result of such conviction.
Further information may be included.
4.
Applications for renewal licenses must update the information
required for this Section.
C. The investigation and recommendation process shall include the following:
1.
The Police Department shall do a background check on each massage
therapist and on the owner of a business that provides massage therapy
services.
2.
The Police Department shall make a favorable recommendation
for a massage therapist permit or massage business permit, unless
the Chief finds:
a.
The applicant willfully falsified any information required by
the application or any prior application.
b.
The applicant and/or any other person who will be directly engaged
in the management and/or operation of the massage business or the
providing of massage therapy services:
(1) Has been convicted of a felony;
(2) Has been convicted of an offense involving sexual
misconduct with children;
(3) Has been convicted of an obscenity offense, solicitation
of a lewd or unlawful act, prostitution or pandering;
(4) Has no valid State license or otherwise fails to
meet the requirements of this Chapter.
c.
The Police Department at their discretion may recommend the issuance of a permit to any person as described in Subsection
(C)(2)(b)(1) through (3) if he or she finds evidence that such circumstances occurred more than five (5) years prior to the date of the application.
d.
The applicant has submitted an incomplete application information
and shall not be entitled to consideration until such time that the
application information is complete.
D. Licenses must be displayed as follows:
1.
Every massage therapist shall display their State license in
a conspicuous place so that the same may readily be seen by persons
entering the premises of the massage business. A photograph of the
applicant shall be affixed to the permit.
2.
Every person performing outcall massage therapy shall show their
State license and City permit to each customer on each occasion before
providing service. A photograph of the licensed massage therapist
shall be affixed to the permit.
E. No business license for massage therapy shall be transferable.
[R.O. 1995 § 650.030; Ord. No. 2009-07 § 1, 6-10-2009]
A. Sanitation requirements for a massage business are as follows:
1.
The premises of a massage business, including appliances and
apparatus, shall be kept clean and operated in a sanitary condition.
2.
Adequate equipment shall be provided for disinfecting and sterilizing
instruments used in the administering or practicing of the subjects
or methods of treatment. Such instruments shall be sterilized after
each use.
3.
A supply of clean, laundered sheets and towels shall be available
sufficient for use by each customer and shall be laundered after each
use thereof and stored in an approved sanitary manner.
[R.O. 1995 § 650.040; Ord. No. 2009-07 § 1, 6-10-2009]
A. Massage businesses shall generally operate as follows:
1.
Each operator of a massage business shall conduct the establishment
in a decent, orderly and respectable manner and shall not permit within
or upon the permitted premises undue noise or other distractions or
activity offensive to the senses of the average citizen or the inhabitants
of the neighborhood in which the business is located.
2.
The private parts of patrons must be covered by towels, cloths
or undergarments when in the presence of an employee or massage therapist
or other patrons. Any contact with a patron's genital, anal or
nipple areas is strictly prohibited.
3.
Every person who engages in or conducts a massage business shall
keep a daily register of all patrons with names, addresses and hours
of arrival and departure and the rooms or cubicles assigned. Such
daily register shall at all times during business hours be subject
to inspection by Health Department officials and by the Police Department
and shall be kept on file for a minimum of two (2) years.
4.
All employees and massage therapists must be and remain fully
clothed. All employees shall be clean and wear clean garments.
B. The following acts are prohibited:
1.
No operator, massage therapist or other person in the employment
of the massage business shall violate any Federal or State law or
County or City ordinance or any provision of this Chapter in or upon
the premises of any massage business.
2.
Operators of a massage business, massage therapists, employees
of massage businesses and customers of a massage business or massage
therapist are hereby prohibited from engaging in and/or soliciting,
directly or indirectly, any acts designed or intended to arouse or
gratify the sexual desires of any other person in or upon the premises
of a massage business or in connection with the provision of massage
therapy.
3.
Any operator who knows or reasonably should know that a prohibited
act is occurring in or on the premises of the business shall be deemed
guilty of committing such act and shall be held liable as principal.
4.
No massage business shall place, publish or distribute or cause
to be placed, published or distributed any advertising matter that
depicts any portion of the human body in a manner or contains text
or other graphics that would reasonably suggest that any massage service
is available other than those services described in this Chapter,
that any unlawful service is available or that employees or massage
therapists are dressed in any manner other than required in this Section.
5.
No person shall sell, give, dispense, provide or keep or cause
to be sold, given, dispensed, provided or kept any alcoholic beverages,
prescription drugs or illegal drugs on the premises of any massage
business or in connection with the provision of massage therapy.
6.
No person shall employ as a massage therapist any other person
unless the other person has obtained and has in effect a valid State
license.
7.
Persons who do not hold a business license that includes massage
therapy and who are not exempt from having to obtain such a permit
shall not use the words "massage," "body work" or any of their synonyms
on any sign or in any other form of advertising within the City unless
specifically exempted by the State Board of Therapeutic Massage.
C. Designated representatives of the Police Department may from time
to time inspect any massage business in the City for the purpose of
determining that the provisions of this Chapter are being met. Such
inspection shall be made at reasonable times and in a reasonable manner.
It shall be unlawful for any massage therapist or massage business
to fail to allow access to the premises or to hinder such personnel
in any manner.
D. A business license for a massage therapist or massage business may
be suspended, revoked or renewal denied according to the following:
1.
The Code Enforcement Officer has the authority to deny the renewal
of, suspend or revoke the business license of any massage therapist
or massage business if the Code Enforcement Officer believes that
conditions have changed such that the massage therapist or massage
business would be ineligible to receive a new Bel-Ridge City business
license or that the massage therapist or massage business is in violation
of this Chapter or State law pertaining to massage therapy or business.
In furtherance of this Section, each massage therapist and massage
business must immediately inform the Code Enforcement Officer of any
change in their State license and must supply documentation regarding
any change. Each massage therapist and massage business must also
provide the Code Enforcement Officer with a copy of any complaint
filed against them or any inspection report provided to them under
Chapter 324, RSMo., immediately upon their receipt thereof.
2.
The Code Enforcement Officer has the authority to deny the renewal
of, suspend or revoke the business license of any massage therapist
or massage business if the Code Enforcement Officer believes that
conditions have changed such that the safety, morals or peace of the
residents of the City are immediately affected.
3.
The Code Enforcement Officer may suspend the license of a massage
therapist or massage business for a period up to thirty (30) days
in lieu of revocation or denial of permit if the Code Enforcement
Officer believes that the massage therapist or massage business may
remedy the conditions of non-compliance and they have not previously
been in violation of this Section or State law pertaining to massage
therapy or massage business.
4.
A massage therapist or massage business may request a hearing
for any suspension or revocation to be conducted within five (5) working
days following the request.
5.
If the Code Enforcement Officer believes that the changed condition
is not of such imminent hazard to the safety, morals or peace of the
residents of the City, the Code Enforcement Officer shall schedule
a hearing prior to taking any suspension or revocation action. The
massage therapist or massage business shall be given a least ten (10)
days' notice of the hearing.
6.
A record shall be made of any hearing hereunder. Any party aggrieved
by the decision of the Code Enforcement Officer shall have the right
to appeal to the Board of Aldermen of the City of Bel-Ridge. Further
appeal would be allowed according to State law.
E. A fee of five hundred dollars ($500.00) shall be charged for massage
therapy.
[Ord. No. 2015-13 § 14, 11-17-2015]