[Ord. No. 1825 §3, 5-25-2016[1]]
The following definitions apply to this Chapter of the City
Code:
An individual owner or responsible individual for a group
or corporate ownership who applies for a business license to operate
a therapeutic massage establishment.
Any person who renders any service on the premises of a massage
establishment, regardless of employment or contract status, and regardless
of whether such services are provided for compensation.
Any fixed location used as a place of business where any
person or persons licensed by the State of Missouri to provide massage
therapy engages in or carries out 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 as defined in Chapter 329, RSMo.
A health care profession which involves the treatment of
the body's tonus system through the scientific or skillful touching,
rubbing, pressing or other movements of the soft tissues of the body
with the hands, forearms, elbows, or feet, or with the aid of mechanical
apparatus, for relaxation, therapeutic, remedial or health maintenance
purposes to enhance the mental and physical well-being of the client,
but does not include the prescription of medication, spinal or joint
manipulation, the diagnosis of illness or disease, or any service
or procedure for which a license to practice medicine, chiropractic,
physical therapy, or podiatry is required by law, or to those occupations
defined in Chapter 329, RSMo.
Any massage therapy performed or administered by a licensed
massage therapist with or without compensation at a location other
than that listed on the business license for such service issued by
the City of Platte City.
[1]
Editor's Note: Section 4 of Ord. No. 1825 provided an
effective date of 8-1-2016.
[Ord. No. 1825 §3, 5-25-2016]
A.
Business License Required. No person shall operate
a massage establishment as defined in this Code Chapter without first
obtaining a business license from the City of Platte City. Business
licenses for such establishments shall be subject to the following
conditions:
1.
Shall only be issued to an individual who provides a copy of
a current massage business license issued by the State of Missouri
in accordance with Section 324.250, RSMo.
2.
Address for the location of the massage establishment must be
within a zoning district which allows such activity.
3.
Applicant must complete and sign a statement acknowledging responsibility
for ensuring that all employees providing massage services shall be
a licensed massage therapist or otherwises authorized to provide massage
therapy in accordance with the conditions of Section 324.265, RSMo.
[Ord. No. 1825 §3, 5-25-2016]
The business license for a massage establishment shall be non-transferable.
Any change of ownership or responsible managing officer shall immediately
void and terminate the business license. Any new applicant must submit
a new application for a business license in accordance with the conditions
of this Chapter.
[Ord. No. 1825 §3, 5-25-2016]
A.
The requirements of this Chapter shall not apply to the following
while engaged in the performance of their respective professions:
1.
Medical health professionals licensed by the State of Missouri.
2.
Hospitals, clinics and other health facilities licensed by the
State.
3.
Barbers and beauticians licensed by the State, except that this
exemption shall apply solely to massaging the neck, face, scalp and
hair of the patron for cosmetic or beautifying purposes.
4.
Athletic trainers for amateur, semi-professional or professional
athletic organizations.
5.
State licensed massage therapists providing services under the
supervision of a licensed medical professional or on the premises
of a health facility licensed by the State.
[Ord. No. 1825 §3, 5-25-2016]
A.
The City Clerk may deny such issuance under the following conditions:
1.
The applicant or application is not in compliance with conditions established in Section 625.020.
2.
The operation as proposed would not comply with applicable ordinances
and laws, including zoning ordinance, building, health, safety and
fire codes.
3.
The applicant has previously had a massage establishment permit
or similar license revoked by the City or any other public agency.
[Ord. No. 1825 §3, 5-25-2016]
The State of Missouri massage establishment business license,
City business license and State of Missouri massage therapist license
of each and every employee performing massage therapy on the premises
shall be displayed in an open and conspicuous place on the premises.
[Ord. No. 1825 §3, 5-25-2016]
The applicant shall be the responsible managing officer of the
massage establishment and shall ensure the business remains in full
compliance with the requirements of this Chapter and Chapter 324 of
the Revised Statutes of Missouri. The responsible managing officer
shall be held responsible for any violations of such code and statutes.
[Ord. No. 1825 §3, 5-25-2016]
A.
Off Site massage shall not be permitted without a special use permit
approved by the Board of Aldermen of the City of Platte City. Such
permit shall be issued only to an individual or group who is a licensed
massage therapist in the State of Missouri and who has a valid Missouri
massage business license. If approved by the Board, a licensed massage
therapist working at a massage establishment in Platte City shall
not be charged a fee other than the standard special event permit
fee. If a special event wishes to use a licensed massage therapist
who is not working at a massage establishment in Platte City, a fee
of fifty dollars ($50.00) shall apply in addition to any other special
events fee.
B.
Off site massage requests for special events involving alcohol shall
not be considered unless the building in which the massage service
is provided is separate and distinct from the building in which alcohol
is served. A detached room or building sharing the same 911 address
shall not be considered a separate building. The Board of Aldermen
retains full discretion to deny such special events request for any
reason.
C.
Special Circumstance For Residential Off Site Massage. Off site massage shall not be allowed in any private residence except
by a licensed massage therapist who is providing such service with
the written direction and supervision of a licensed medical provider
authorized to write a prescription for controlled substances in the
State of Missouri. A licensed massage therapist who is working in
a massage establishment with a City business license must be able
to provide proof upon request of such written direction. A licensed
massage therapist who is not working in a massage establishment with
a City business license, must present proof of their Missouri professional
license, their individual City business license and copy of written
medical direction upon request of an authorized City Official or Law
Enforcement Officer.
[Ord. No. 1825 §3, 5-25-2016]
A.
Operating Hours. No massage establishment shall
be open and no persons shall be on the premises except between the
hours of 7:00 A.M. and 10:00 P.M.
B.
No Alcohol Or Controlled Substance. No alcoholic
beverages or controlled substances may be sold, served, furnished
or consumed on the premises, except for those medications taken at
the direction of a licensed health care provider authorized to prescribe
controlled substances in the State of Missouri.
C.
List Of Services Displayed. A list of all available
services and a list of responsible officers shall be publicly displayed
on the wall closest to the main entrance. No employee may provide,
and the responsible officer shall not permit, any services other than
those listed.
D.
Sexual Activity Prohibited. Exposing the sexual
or genital area of an employee or person receiving massage service
is prohibited. No employee may touch the sexual or genital area of
any other person nor may any employee perform massage therapy on a
patron with the intent or purpose of arousing or gratifying the sexual
desires of the patron. The responsible officer of the establishment
shall not permit the occurrence of any sexual activity or other violation.
E.
Adult Oriented Merchandise Prohibited. The use or
possession of adult oriented merchandise in or on any part of the
massage establishment is expressly prohibited. Condoms shall not be
kept or used for any purpose in the massage establishment.
F.
No audio or video recordings of any kind may be made or kept on the
premises, except for security cameras which may only be used to record
entrances to the facility or activity at the cash register.
[Ord. No. 1825 §3, 5-25-2016]
A.
Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished in accordance with Section 100.100 of the City Code.
B.
Each day that a violation continues shall be deemed a separate offense.
C.
In addition to the penalty described above, violation of the provisions
of this Chapter may be punishable by revocation or suspension of any
conditional use permit, business license or any other license issued
by the City.
