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2001, repealed this ch. 635 and enacted the new provisions set out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.
[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:
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.
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.
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."
Any person who, for any consideration whatsoever, engages
in the practice of massage as herein defined and as licensed by the
State of Missouri.
Any individual, copartnership, firm, association, joint stock
company, corporation or combination of individuals of whatever form
or character.
[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.
[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).
[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.
[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.
[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.
[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.
[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.
[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:
[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:
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
