[R.O. 2012 § 615.010; CC 1989 § 4-221; Ord. No. 675 § 1(210.02), 11-8-1976]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
APPLICANT
Any person who applies for a license as required by this Chapter.
EMPLOYEE
Any person, other than a massage therapist, who renders any service to the licensee, who receives compensation or any consideration and who has no physical contact with the licensee's customers or clients.
LICENSEE
Any person receiving a license to operate a massage business under the provisions of this Chapter.
MASSAGE BUSINESS
A place of business in which massage therapy is practiced.
MASSAGE THERAPIST
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.
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 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.
[R.O. 2012 § 615.020; CC 1989 § 4-223; Ord. No. 675 § 1(210.03), 11-8-1976]
A. 
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, the operation of a massage business without first having obtained a license duly issued by the City Collector as set forth in this Chapter.
B. 
Application for a license to engage in the business of a massage business shall be obtained from the Collector 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 the applicant;
2. 
Written proof that the individual or partnership applicant is over the age of eighteen (18) years;
3. 
Individual or partnership applicant's height, weight, eye color, hair color and sex;
4. 
Two (2) portrait photographs at least two (2) inches by two (2) inches;
5. 
Businesses, occupations or employments of the applicant for the three (3) years immediately preceding the date of the application;
6. 
The history of the applicant in the operation of a massage business or similar business or occupation;
7. 
All criminal convictions other than traffic violations and lawful pardons and rehabilitative activity related thereto;
8. 
The name and address of each massage therapist or employee who is currently or to the knowledge of applicant will be employed in such establishment or service or work as an independent contractor therein and the terms and conditions of such employment or contract;
9. 
If the applicant is a corporation, the name and address of the officers and directors of the corporation and of each stockholder of the corporation. Each of the aforementioned officers, directors and stockholders shall be required to furnish the same information as the individual or partnership applicant stated in this Section.
[R.O. 2012 § 615.030; CC 1989 § 4-224; Ord. No. 675 § 1(210.04), 11-8-1976]
A. 
All applications for a massage business license shall be accompanied by a copy of the applicant's current Missouri Massage Therapy license.
B. 
Upon receipt of such application, the City Collector shall refer the application to the Police Department. The Police Department shall within thirty (30) days from the date of the application review records or make an inspection of the premises proposed to be used as a massage business and shall make a written recommendation to the Collector concerning compliance with the respective requirements.
C. 
Issuance Of License; When.
1. 
The Collector shall issue the license if it is found that:
a. 
The operation, as proposed by applicant, complies or would comply with all applicable laws and ordinances, including, but not limited to, the Building Code, zoning laws and health regulations.
b. 
The applicant, or if the applicant is a corporation, the officers, directors and stockholders as stated herein, is of good moral character.
2. 
Otherwise, the license 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.
D. 
An appeal may be taken by any aggrieved party to the Circuit Court of the County pursuant to the provisions of Chapter 536, RSMo.
[R.O. 2012 § 615.040; CC 1989 § 4-225; Ord. No. 675 § 1 (210.05), 11-8-1976]
A. 
The licensee shall display the massage business license issued under this Chapter in an open and conspicuous location on the premises or in the principal place of business.
B. 
The licensee shall maintain a written listing of all massage therapists or employees, whether employed by him/her or as independent contractors. Such written list shall be available for inspection during regular business hours.
[R.O. 2012 § 615.050; CC 1989 § 4-226; Ord. No. 675 § 1 (210.06), 11-8-1976]
A. 
Any massage business license issued under this Chapter shall be subject to suspension for up to ninety (90) days or revocation by the City Collector for violation of any provision of this Code or for any grounds that would warrant the denial of the issuance of such license in the first instance. Any of the following shall be considered sufficient cause for revocation; provided, however, that these grounds shall not be deemed exclusive:
1. 
Encouraging, permitting, performing or allowing prostitution on the premises;
2. 
Encouraging, permitting, performing or allowing sexual conduct on the premises.
B. 
The licensee shall be entitled to a hearing before the Collector prior to the revocation or suspension of any license under this Chapter. At such hearing evidence will be received for the purpose of determining whether or not such license shall be suspended or revoked or whether the license may be retained.
C. 
The licensee shall be notified by certified mail or hand delivery of the decision of the Collector. Such decision shall be accompanied by findings of fact and conclusions of law.
D. 
An appeal may be taken by any aggrieved party to the Circuit Court of the County in accordance with the provisions of Chapter 536, RSMo.
[R.O. 2012 § 615.060; CC 1989 § 4-227; Ord. No. 675 § 1 (210.07), 11-8-1976]
A. 
The Public Nuisance Officer and his/her duly appointed representatives are authorized to promulgate reasonable rules and regulations pertaining to the sanitary requirements for the operation of massage businesses.
B. 
Licensee shall comply with all reasonable rules and regulations which have been or may be promulgated by the Public Nuisance Officer pertaining to the operation of massage businesses.
[R.O. 2012 § 615.070; CC 1989 § 4-228; Ord. No. 675 § 1 (210.08), 11-8-1976]
Officials of the City shall have the right to enter the premises from time to time during regular business hours for the purpose of making reasonable inspections to enforce compliance with building, fire, electrical, plumbing or health regulations and for the purpose of determining that the provisions of this Chapter and other provisions of law or ordinance are being complied with.
[R.O. 2012 § 615.080; CC 1989 § 4-229; Ord. No. 675 § 1 (210.09), 11-8-1976]
No massage business license shall be transferable except upon first having obtained a new license from the City Collector pursuant to all the requirements for a new application. Such application shall be accompanied by a filing and investigation fee of two hundred fifty dollars ($250.00), no part of which shall be refundable. The application for such transfer shall contain the same information as required in this Chapter for an initial application for such license.
[R.O. 2012 § 615.090; CC 1989 § 4-230; Ord. No. 675 § 1 (210.10), 11-8-1976]
Any massage business located in the City shall not be open, nor conduct operation, between the hours of 1:30 A.M. and 6:00 A.M.