City of Shrewsbury, MO
St. Louis County
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Table of Contents
Table of Contents
Editor's Note-Ord. no. 2296 §1, adopted on September 27, 2001, repealed this ch. 635 and enacted the new provisions set out herein. Former ch. 635 derived from CC 1976 §§660.010-660.170; ord. no. 1182 §§3-19, 10-22-74.

Section 635.010 Definitions.

[Ord. No. 2296 §1, 9-27-2001; Ord. No. 2846 §1, 4-26-2016]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
EMPLOYEE
Any and all persons, other than the massage therapist, who render any service to the permittee, who receive compensation directly from the permittee, and who have no physical contact with the customers and clients.
MASSAGE
Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business where any person, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any of the activities mentioned in the definition of "massage."
MASSAGE THERAPIST
Any person who, for any consideration whatsoever, engages in the practice of massage as herein defined and as licensed by the State of Missouri.
PERSON
Any individual, copartnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.

Section 635.020 Permit Required — for Massage Establishments.

[Ord. No. 2296 §1, 9-27-2001; Ord. No. 2846 §1, 4-26-2016]
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 Shrewsbury, the operation of a massage establishment as herein defined without first having obtained a permit from the Board of Aldermen.

Section 635.030 Filing and Fee Provisions for Massage Establishment Permit.

[Ord. No. 2296 §1, 9-27-2001; Ord. No. 2846 §1, 4-26-2016]
A. 
Every application for a permit to maintain, operate or conduct a massage establishment shall be filed with the City Clerk. The application shall include a filing fee, which will be based upon the anticipated annual gross receipts for the massage establishment. The fee will be calculated in the manner set forth by Chapter 610, except that the minimum fee shall be one hundred dollars ($100.00). The filing fee will not be refundable whether the permit is granted or not. The fee shall not be prorated.
B. 
For each successive license year, as defined within Section 610.010, the massage establishment will renew this permit in the same manner set forth in Chapter 610. The annual renewal fee shall be calculated based upon gross receipts, as set forth in Chapter 610, except that the minimum fee shall be one hundred dollars ($100.00).

Section 635.040 Application for Massage Establishment Permit.

[Ord. No. 2296 §1, 9-27-2001; Ord. No. 2846 §1, 4-26-2016]
A. 
The application for a permit to operate a massage establishment shall set forth the exact nature of the massage to be administered, the proposed place of business and facilities therein, and the name and address of the applicant or ownership representative. In addition to the foregoing, any applicant for a permit shall furnish the following information:
1. 
Written proof that the applicant is at least eighteen (18) years of age.
2. 
Proof that any person(s) performing massages as herein defined is licensed by the State of Missouri.
3. 
The massage or similar business license history of the applicant; whether such person, in previously operating in this or another city or State under a massage license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.
4. 
Any convictions of a crime or infraction, except minor traffic violations.
5. 
A list of all proposed massage therapists at said location.
B. 
The application shall not be deemed received until it is submitted with proof (in the discretion of the City Clerk) of each of the foregoing requirements.

Section 635.050 Permit Required — for Massage Therapist.

[Ord. No. 2296 §1, 9-27-2001; Ord. No. 2846 §1, 4-26-2016]
It shall be unlawful for any person to engage in, conduct, carry on, or permit to be engaged in, conducted or carried on, in or upon any premises in the City of Shrewsbury, the practice of a massage therapist as herein defined without first having obtained a permit from the Board of Aldermen.

Section 635.060 Filing and Fee Provisions for Massage Therapist Permit.

[Ord. No. 2296 §1, 9-27-2001; Ord. No. 2846 §1, 4-26-2016]
A. 
Any person, including an applicant for a massage establishment permit, who engages in the practice of massage as herein defined shall file an application for a massage therapist permit with the City Clerk upon a form provided by said Clerk and shall pay an annual fee of twenty-five dollars ($25.00) which shall not be refundable, whether such permit is granted or not. The fee shall not be prorated for a partial year.
B. 
For each successive license year, as defined within Section 610.010, each massage therapist permit shall be renewed in the manner prescribed in Chapter 610 as if it were a business license. Each permit fee shall be a flat rate of twenty-five dollars ($25.00).

Section 635.070 Application Form for Massage Therapist Permit.

[Ord. No. 2296 §1, 9-27-2001; Ord. No. 2846 §1, 4-26-2016]
A. 
The application for a massage therapist permit shall contain the following:
1. 
Name and applicant's address.
2. 
Applicant's social security number.
3. 
Applicant's identifying information as is normally provided on a state-issued driver's license (gender, height, weight, hair color and eye color).
4. 
Written evidence that the applicant is at least eighteen (18) years of age.
5. 
Proof that the applicant is licensed by the State of Missouri.
6. 
Whether such person has ever been convicted of any crime or infraction, except minor traffic violations. If any person mentioned in this Section has been so convicted, a statement must be made giving the place and court in which the conviction was obtained and the sentence imposed as a result of such conviction.
B. 
The application shall not be deemed received until it is submitted with proof (in the discretion of the City Clerk) of each of the foregoing requirements.

Section 635.080 Notice of Hearing.

[Ord. No. 2296 §1, 9-27-2001; Ord. No. 2846 §1, 4-26-2016]
When an application is filed for a massage establishment permit under this Chapter, the Board of Aldermen shall fix a time and a place for a public hearing where the applicant may present evidence upon the question of his/her application. Not less than ten (10) days before the date of such hearing, the City Clerk shall cause to be posted a notice of such hearing in a conspicuous place on the property in which or on which the proposed massage establishment is to be operated. The applicant shall maintain said notice as posted until the date of the public hearing.

Section 635.090 Issuance of Permit for a Massage Establishment.

[Ord. No. 2296 §1, 9-27-2001; Ord. No. 2846 §1, 4-26-2016]
A. 
The Board of Aldermen may issue a permit following a hearing if all requirements for a massage establishment described in this Chapter are met unless it finds:
1. 
The operation, as proposed by the applicant, if permitted, would not have complied with all applicable laws, including, but not limited to, the building, health, planning, housing, zoning and fire codes of the City of Shrewsbury, Missouri.
2. 
The applicant or any other person who will be directly engaged in the management or operation of a massage establishment has been convicted of:
a. 
A felony;
b. 
An offense involving sexual misconduct or moral turpitude;
c. 
Obscenity, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution or pandering.
B. 
The Board of Aldermen, at its discretion, may issue a permit to any person convicted of any of the crimes in Subsection (A)(2)(a), (b) or (c) if it finds that such conviction occurred at least five (5) years prior to the date of the application and the applicant has had no subsequent convictions.

Section 635.100 Issuance of a Massage Therapist Permit.

[Ord. No. 2296 §1, 9-27-2001; Ord. No. 2846 §1, 4-26-2016]
A. 
The Board of Aldermen may issue a massage therapist permit following application, unless it finds that the applicant for the massage therapist permit has been convicted of:
1. 
A felony;
2. 
An offense involving sexual misconduct or moral turpitude;
3. 
Obscenity, keeping or residing in a house of ill fame, solicitation of lewd or unlawful act, prostitution or pandering.
B. 
The Board of Aldermen, at its discretion, may issue a permit to any person convicted any of the crimes in Subsection (A) if they find that such conviction occurred at least five (5) years prior to the date of the application and the applicant has had no subsequent convictions.
C. 
All massage therapist permits shall be renewed annually in the manner set forth in Section 635.060.

Section 635.110 Revocation or Suspension of a Massage Establishment Permit.

[Ord. No. 2296 §1, 9-27-2001; Ord. No. 2846 §1, 4-26-2016]
A. 
Any permit issued for a massage establishment may be revoked or suspended by the Board of Aldermen after a public hearing before the Board of Aldermen where it is found that any of the provisions of this Chapter or any other State or City law or ordinance has been violated or where the permittee or any employee of the permittee has been convicted of any offense found in Section 635.090, or in any case where the permittee or licensee refuses to permit any duly authorized Police Officer or Building Commissioner of the City of Shrewsbury to inspect the premises or the operations therein.
B. 
The Board of Aldermen, before revoking or suspending any permit, shall give the permittee at least ten (10) days' written notice of the charges against him/her and the opportunity for a public hearing before the Board of Aldermen, at which time the permittee may present evidence bearing upon the question.

Section 635.120 Revocation of a Massage Therapist Permit.

[Ord. No. 2296 §1, 9-27-2001; Ord. No. 2846 §1, 4-26-2016]
A. 
A massage therapist permit issued by the Board of Aldermen may be revoked or suspended after a public hearing before the Board of Aldermen where it is found that any of the provisions of this Chapter or any other State or City law or ordinance has been violated or whether the permittee has been convicted of any offense described in Section 635.100.
B. 
The Board of Aldermen, before revoking or suspending any massage therapist permit, shall give the massage therapist at least ten (10) days' written notice of public hearing before the Board of Aldermen.

Section 635.130 Facilities Necessary.

[Ord. No. 2296 §1, 9-27-2001; Ord. No. 2846 §1, 4-26-2016]
A. 
No permit to conduct a massage establishment shall be issued unless an inspection by the Building Commissioner or his/her authorized representative reveals that the establishment meets with each of the following minimum requirements:
1. 
Construction of rooms used for toilets, steam baths and showers shall be waterproof with approved waterproof material.
2. 
Toilet facilities shall be provided in convenient locations. When five (5) or more employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided. A single water closet per sex shall be provided for each twenty (20) or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for water closets after one (1) water closet has been provided. Toilets shall be designated as to the sex accommodated therein.
3. 
Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels.
4. 
The Building Commissioner shall certify that the proposed massage establishment complies with all of the requirements of this Section of the Chapter and shall give or send such certification to the Board of Aldermen.

Section 635.140 Operating Requirements.

[Ord. No. 2296 §1, 9-27-2001; Ord. No. 2846 §1, 4-26-2016]
A. 
Every portion of a massage establishment, including appliances, apparatus and personnel, shall be kept clean and operated in a sanitary condition.
B. 
All employees shall be clean and wear clean outer garments which use is restricted to the massage establishment. Provisions for a separate dressing room for each sex must be available on the premises with individual lockers for each employee. Doors to such dressing rooms shall open inward.
C. 
All employees and massage therapists must be modestly attired. Overly flimsy, transparent, form-fitting or tight clothing is prohibited. Clothing must cover the employees' or massage therapist's chests at all times. Hemlines of skirts, dresses or other such attire must be maintained at what is commonly considered an appropriate length. The private portions of patrons must be covered by towels, cloths or undergarments when in the presence of an employee or massage therapist. Any contact with a patron's genital area is strictly prohibited.
D. 
All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in an approved, sanitary manner.
E. 
Wet and dry heat rooms, shower compartments and toilet rooms shall be thoroughly cleaned each day that the business is in operation. Bathtubs shall be thoroughly cleaned after each use.
F. 
Advertising. No massage establishment granted a permit under provisions of this Chapter shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services as described in Section 635.010 of this Chapter, or that employees or massage therapists are dressed in any manner other than that described in Section 635.140(C) of this Chapter, nor shall any massage establishment indicate in the text of such advertising that any service is available other than those services described in Section 635.010.
G. 
A massage establishment shall not carry on, engage in, or conduct business before 8:00 A.M. or after 10:00 P.M. each day the establishment is open for business.

Section 635.150 Recordkeeping

[Ord. No. 2296 §1, 9-27-2001; Ord. No. 2846 §1, 4-26-2016]
Every person who engages in or conducts a massage establishment shall record and log all patrons, with names, addresses and hours of arrival and, if applicable, the rooms or cubicles assigned, and the massage therapist performing the massage. Such records shall at all times, during business hours, be subject to inspection by the Police Department or any other duly authorized City official and shall be kept on file for a minimum of one (1) year.

Section 635.160 Inspection.

[Ord. No. 2846 §1, 4-26-2016]
The Police Department, the Building Commissioner and any other duly authorized City official may from time to time make an inspection of each massage establishment in the City for the purposes of determining that the provisions of this Chapter are complied with. Such inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any permittee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner.

Section 635.170 Transfer of Permit.

[Ord. No. 2296 §1, 9-27-2001; Ord. No. 2846 §1, 4-26-2016]
No permit shall be transferable except with the written consent of the Board of Aldermen except that, upon the death or incapacitation of the permittee, the massage establishment may continue in business for a period of thirty-one (31) days.

Section 635.180 Violations and Penalties.

[Ord. No. 2296 §1, 9-27-2001; Ord. No. 2846 §1, 4-26-2016]
Every person, except those persons who are specifically exempted by this Chapter, whether acting as an individual, owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employee or operator or acting as a participant or worker in any way, who gives massages, or conducts a massage establishment without first obtaining a permit and paying a license fee to do so from the City Clerk or shall violate any of the provisions of this Chapter or be found to have falsified any information on an application for a permit, shall be guilty of a misdemeanor. Upon conviction such person shall be punished by a fine not to exceed the general penalty provisions established in Section 100.090.