[Ord. No. 5026, 8-2-2021[1]]
IN-OFFICE
A shoulder, neck, and upper back chair massage taking place in an office separate from the massage facility.
MASSAGE BUSINESS OR FACILITY
An establishment where any person performs massage or permits massage therapy to be performed for compensation. The operator of a massage business or facility must obtain a massage facility business license pursuant to Section 620.030.
MASSAGE THERAPIST
A person who has completed all requirements of this Chapter for a massage therapist permit in order to practice massage within the City. Upon receipt of a massage therapist permit from the City of Blue Springs, a massage therapist may perform massage for compensation, but only at a licensed massage facility, in-office chair massage, or mobile massage.
MASSAGE THERAPY
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 patron, 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.
MOBILE
Performing massage for compensation at a patron's private home, a hotel room, or such other facility.
OFFICE
A business, licensed as a business pursuant to this Chapter.
PATRON
Any person who receives massage subject to the provisions of this Chapter under circumstances wherein it is reasonably expected that the patron will pay money or give any other consideration therefor.
[1]
Editor's Note: Former Chapter 620, Massage Therapy Establishments and Massage Therapists, containing Sections 620.010 through 620.060, was repealed 8-2-2021 by Ord. No. 5026.
[Ord. No. 5026, 8-2-2021]
A. 
It shall be unlawful for any person to perform massage for compensation within the City of Blue Springs without first obtaining a massage therapist permit, pursuant to this Chapter. A complete application shall be submitted to the Community Development Department.
B. 
An applicant for a massage therapist permit must furnish the Community Development Department with a valid photo identification issued by an agency of either the State of Missouri or the United States of America, and an original or certified copy of the massage therapy certificate/license issued to the applicant by the Missouri Department of Economic Development, Division of Professional Registration, Missouri State Board of Therapeutic Massage, and the full license fee.
1. 
Massage Therapist Permit.
a. 
Term: March first through the last day of February.
b. 
Fee: twenty-five dollars ($25.00).
c. 
Renewals: twenty-five dollars ($25.00).
C. 
The Community Development Department or the Police Department may obtain confirmation from the Missouri Department of Economic Development, Division of Professional Registration, Missouri State Board of Therapeutic Massage that the certificate/license presented by the applicant is not under suspension or revocation and remains in good standing.
D. 
The massage therapist permit shall be displayed at all times by the licensee openly and conspicuously on the premises of the massage facility where the massage is performed. All massage shall be performed in the licensed massage facility, except in-office and mobile massage as defined and regulated by the Community Development Department.
E. 
Practitioners who are exempt from the provisions of the Missouri Massage Therapy licensing law, Section 324.240, RSMo., et seq., shall not be required to obtain a massage therapist permit under the provisions of this Section.
[Ord. No. 5026, 8-2-2021]
A. 
It shall be unlawful for any person, firm, partnership, association, or corporation to operate or maintain a massage facility in the City of Blue Springs without first obtaining a massage facility business license pursuant to this Section. A complete application shall be submitted to the Community Development Department. The massage facility business license shall be in addition to any other business license, including any massage therapist permit, required by Section 620.020 of the owner or operator of the massage facility.
B. 
An applicant for a massage facility business license must furnish the Community Development Department with the original massage business license issued to the applicant by the Missouri Department of Economic Development, Division of Professional Registration, Missouri State Board of Therapeutic Massage and a fee as set forth for each massage facility.
1. 
Massage Therapy Establishment Business License.
a. 
Term: March first through the last day of February.
b. 
Fee: one hundred dollars ($100.00).
c. 
Renewals: fifty dollars ($50.00).
C. 
An applicant for a massage facility business license must furnish the Community Development Department with the names and addresses of each massage therapist providing massage therapy at or on behalf of the business or facility, and proof that each such massage therapist has a valid massage therapist permit as required in Section 620.020.
D. 
The Community Development Department or the Police Department may obtain confirmation from the Missouri Department of Economic Development, Division of Professional Registration, Missouri State Board of Therapeutic Massage that the massage business license presented by the applicant is not under suspension or revocation and remains in good standing. Approval by the Community Development Department of a massage facility business license shall also be contingent on the following:
1. 
The massage facility must be located in an appropriate zoning district, as provided in the Unified Development Code.
2. 
Location In Hotel Or Motel. The massage facility may be located in a hotel or motel only in a space specifically designated and dedicated for that purpose by responsible and identifiable hotel or motel management. The space so designated and dedicated shall be used solely for massage services and for no other purpose at any time.
E. 
The holder of a massage facility business license may hire or contract with massage therapists holding valid massage therapist permits from the City of Blue Springs to perform massage at the facility, mobile, or in-office for compensation. Massage facility business licensees are at all times responsible for any act or conduct in violation of this Chapter of any massage therapist on the massage facility premises. Nothing contained in this Chapter shall be construed to eliminate other requirements of Statute, regulation or ordinance concerning the maintenance of such premises, nor preclude authorized inspection thereof.
[Ord. No. 5026, 8-2-2021]
A. 
Massage facility business licenses and massage therapist permits are not transferable and such authority as a license confers shall be conferred only on the facility or person identified therein.
B. 
A license or permit issued under this Chapter may be amended to authorize the same person or business at a different location. Such amendments shall be subject to the provisions and fees in Section 605.120 of this Code.
C. 
Fees paid and licenses obtained pursuant to this Chapter shall be in addition to and not in lieu of any other fees or licenses required to be paid or obtained pursuant to this Code or any other ordinances of this City.
[Ord. No. 5026, 8-2-2021]
A. 
The Blue Springs Police Department may from time to time without notice inspect a licensed massage facility to determine compliance with any provisions of this Chapter.
B. 
It shall be unlawful for any person holding a massage facility business license, a massage therapist permit or an employee of such licensee to refuse such inspection officer immediate access to the premises or to hinder such officer in any manner; such refusal or hindrance on the part of any license holder or employee shall be grounds for the immediate revocation or suspension of any relevant massage therapist permit or massage facility business license.
[Ord. No. 5026, 8-2-2021]
A. 
The Community Development Department may suspend or revoke a massage therapist permit or massage facility business license when it finds that:
1. 
Any of the provisions of this Chapter are violated; or
2. 
The licensee or any employee of the licensee has been convicted of any offense described in this Chapter.
B. 
The procedure for suspension or revocation shall be as provided in Chapters 140 and 605 of this Code, but the Director of Community Development may temporarily suspend a massage therapist permit or massage facility business license without notice if they believe a failure to do so would impair public health, safety or welfare. The holder of a massage therapist permit or massage facility business license that has been temporarily suspended without notice shall have the right to appeal the decision as provided in Section 140.030.
C. 
A massage therapist whose massage therapist permit is suspended or revoked shall immediately surrender the permit to the Community Development Department.
[Ord. No. 5026, 8-2-2021]
A. 
No person shall permit any person under the age of eighteen (18) years to come or remain on the premises of a massage facility as a massage therapist or employee of a massage therapist or massage facility.
B. 
A person under the age of eighteen (18) years may be a patron of a massage therapist only if, while at all times as a patron, the person possesses written, signed consent of a custodial parent or legal guardian.
[Ord. No. 5026, 8-2-2021]
Any person, firm, partnership, association, or corporation convicted of violating any of the provisions of this Chapter shall be deemed guilty of a public offense and subject to the general penalty provisions of Section 100.080 of this Code.