[Ord. No. 2757 §1(200.010), 2-19-2002]
This Chapter will be known as the "Massage Establishment Code"
and may be cited as such.
[Ord. No. 2757 §1(200.020), 2-19-2002]
A.
The
intent of this Chapter is to regulate massage establishments and massage
therapists in order to protect and promote the public health, safety
and welfare. This will be accomplished by:
1.
Providing standards for education and training of massage therapists.
2.
Requiring a clean, healthy and safe environment in which massage
therapists operate.
3.
Promoting professionalism and prohibiting illegal acts.
4.
Requiring insurance coverage.
5.
Recognizing massage as a legitimate medical therapy and promoting
public confidence therein.
6.
Limiting massage techniques offered to the public for valuable consideration
to those dealing with preventative health care, health maintenance
and rehabilitation.
[Ord. No. 2757 §1(200.030), 2-19-2002]
Every massage establishment and/or massage therapist shall conform
to the requirements of this Chapter, irrespective of when such massage
establishment and/or massage therapist started practicing within the
City limits.
[Ord. No. 2757 §1(200.040), 2-19-2002]
In any case where a provision of this Chapter is found to be
in conflict with a provision of any other ordinance or other legislation
of the City existing on the effective date of this Chapter, the provision
which establishes the higher standard for the promotion and protection
of the safety and health of the people shall prevail. If any part
of this Chapter should be declared invalid for any reason, such decisions
shall not affect the remaining portions of this Chapter.
[Ord. No. 2757 §1(200.050), 2-19-2002]
For the purpose of this Chapter, the following words and phrases
shall have the following interpretation and/or meanings.
Refers to any person, other than the massage therapist, who
renders any service to a permittee under this Chapter, who receives
compensation from the permittee or patron.
Any establishment having a place of business where any person,
firm, partnership, association or corporation engages in or carries
on or permits to be engaged in or carried on any of the activities
mentioned herein for compensation. This definition excludes chiropractors,
physical therapists and sports therapists.
Any person who offers to any person the service of massage
or massage therapy for compensation.
A scientific health care, health maintenance and rehabilitation
technique carried out by a highly trained professional which involves
a skillful massaging and kneading of human skin, muscles and tissues
causing relaxation, stimulation and easing of mental and physical
tension, alleviation of aches, pains and muscle spasms, the breaking
up of fatty tissues, the improvement of circulation through the body,
the body to restore itself to a more comfortable feeling, the body
to rehabilitate itself from any disease or malfunction, the reduction
of strain on the heart and the reduction of body fluids in the legs
and arms. Massage therapy shall also mean any method of pressure or
friction against or stroking, kneading, rubbing, tapping, pounding,
vibrating or stimulating of the eternal 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 aides as rubbing alcohol,
liniments, antiseptics, oils, powders, creams, lotions, ointments
or other similar preparations commonly used in this practice.
Any person who utilizes or receives the services of any establishment
subject to the provisions of this Chapter and under such circumstances
that it is reasonably effected that he/she will pay money or give
any other consideration therefor.
[Ord. No. 2757 §1(200.060), 2-19-2002]
A.
No
person, firm, partnership, association or corporation shall operate
a massage establishment without first having obtained a business license
issued by the City of Harrisonville. It is unlawful to conduct such
a business unless the license issued is current, unrevoked and not
suspended.
B.
It
shall be further unlawful for any person, organization or company
within the City limits to participate directly or indirectly in or
for the operation of business activity under a different name or designation
than those herein specified but for the purpose of carrying out activity
or activities defined in this Section.
[Ord. No. 2757 §1(200.070), 2-19-2002]
A.
Massage Therapist. The following is required of any applicant
for a massage therapist's license.
1.
Applicant must be eighteen (18) years of age or older, verified by
a birth certificate or driver's license.
2.
Applicant must completely and truthfully fill out the massage therapist
license application. Any omissions and/or errors may disqualify the
applicant.
3.
Applicant must give authorization for the City, its agents and employees
to seek information and conduct an investigation into the truth of
the statements set forth in the application and the qualifications
of the applicant for the permit.
4.
The applicant must provide the City with documentation that he/she
has and maintains in full force and effect, during the license period,
a policy of liability and malpractice insurance issued by an insurance
company licensed to do business in the State of Missouri covering
death, personal injury and property damage in the minimum amount of
one million dollars ($1,000,000.00) per person and per occurrence.
5.
All massage therapists must comply with the qualifications outlined
in Section 324.265, RSMo., to practice massage therapy in the City
of Harrisonville.
B.
The Massage Establishment. The following is required of
an applicant for a massage establishment:
1.
Premises shall comply with all applicable zoning, fire, health and
building codes.
2.
Premises and equipment shall be clean, sanitary and well maintained.
3.
Items for the personal use of patrons, such as linens, sheets and
towels, shall be cleaned and freshly laundered, unless disposable
and no such item, if non-disposable, shall be used twice without being
laundered. Disposable items must be disposed of in a sanitary manner
after each use. Drapes (sheets) should be twin fitted drapes and twin
flat sheets (no sheer sheets shall be allowed).
4.
The license of the massage establishment and of every massage therapist
employed thereby shall be displayed in an open and conspicuous place
on the premises and shown to officers of the City of Harrisonville
upon request.
5.
Massage establishment and massage therapist licenses are not transferable
and such authority as a permit confers shall be conferred only on
the permitting name therein. Any applications made, fees paid and
permits obtained under the provisions of this Chapter shall be in
addition to and not in lieu of any other fees, permits or licenses
required to be paid or obtained under any other ordinances of this
City.
6.
All signs pertaining to a massage establishment shall be affixed
to the building in which business is being conducted. In addition,
all massage establishments are required to comply with City sign regulations
and obtain a sign permit from the City before placement of said sign.
7.
Business shall only be conducted between the hours of 5:00 A.M. and
10:00 P.M.
8.
All massage establishments must obtain and maintain a license from
the State of Missouri to operate a massage business as required by
Sections 324.247 to 324.252, RSMo.
[Ord. No. 2757 §1(200.080), 2-19-2002]
A.
All
employees must be modestly attired and professional in appearance.
Hands must be free from fungus and skin irritations. Fingernails shall
be short (not longer than the tips of the fingers). No sculptured
nails or press on fingernails shall be allowed.
B.
No
alcoholic beverages may be on the premises of the treatment room(s)
or waiting room.
C.
No
massage establishment granted a license under the 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 that of a massage therapist;
or that employees or massage therapists are dressed in any manner
that would be in violation of this Chapter; nor shall any massage
establishment indicate in the text of such advertising that any service
is available that violated any Federal, State or municipal ordinance.
D.
Massage
establishments located in residential neighborhoods shall provide
a separate treatment room which is exclusively used for treatment
of patrons. Said treatment room shall be professional in appearance.
E.
Patrons
sixteen (16) years of age shall have on file with the establishment
or therapist written permission from a parent or legal guardian to
receive therapeutic massage. Patrons under sixteen (16) years of age
shall have written permission and a parent or guardian shall be present
while receiving therapeutic massage.
F.
Massage
therapists may perform services at a patron's home as long as the
therapist has a City of Harrisonville occupational license and is
in conformance with the applicable Sections of this Massage Establishment
Code.
[Ord. No. 2757 §1(200.090), 2-19-2002]
It shall be the duty and responsibility of the City Administrator,
Codes Compliance Official, Harrisonville Police Department, City Clerk
and/or the Community Development Director to enforce these regulations.
When, on the basis of a complaint, personal observation and/or other
information, an authorized enforcement official reasonably suspects
that a violation has occurred, it is the applicant's responsibility
to cooperate with the investigating official(s).
[Ord. No. 2757 §1(200.100), 2-19-2002]
A.
Any
person who violates the provisions of this Chapter shall be guilty
of a municipal offense and, upon conviction, shall be punished by
a fine as established in the City's Comprehensive Schedule of Fees[1] or by imprisonment for not more than ninety (90) days
or shall be both so fined and imprisoned. In addition, any violation
of this Chapter shall be grounds for the City Clerk to revoke any
or all licenses or permits issued by the City.
[Ord. No. 3650, 5-1-2023]
[1]
Editor's Note: The Comprehensive Schedule of Fees is on file
in the City offices.
B.
Each
violation of this Chapter shall be considered a separate offense and
any violation continuing more than one (1) day shall be considered
a separate offense for each day of violation.
C.
The
conduct of any business within the City in violation of any of the
terms of this Chapter is hereby found and declared to be a public
nuisance and the City Attorney may, in addition to or in lieu of prosecuting
a criminal action hereunder, commence an action or proceeding for
the abatement, removal and enjoinment thereof in the manner provided
by law and shall take other steps and shall apply to such courts as
may have jurisdiction to grant such relief as will abate or remove
such massage establishment and restrain and enjoin any person from
conducting, operating or maintaining a massage establishment contrary
to the provisions of this Chapter.
D.
If
an employee is convicted of a felony or convicted of any form of prostitution
or public indecency, the license of that massage therapist and massage
establishment will be revoked.
[Ord. No. 2757 §1(200.110), 2-19-2002]
If any massage therapist or their employees shall violate any
of the provisions of this Chapter or the Revised Statutes of Missouri
and is finally convicted in any court of the City or State, he/she
may have his/her massage therapist license and/or massage establishment
license suspended or revoked by the Board of Aldermen after a hearing.
Ten (10) days' written notice of the hearing stating the grounds thereof
shall be delivered to said massage establishment at his/her place
of business or by leaving or posting said notice at said address.
The accused shall have the right at the hearing to be represented
by an attorney, to cross-examine witnesses, to present evidence and
to testify on his/her own behalf. The hearing shall be held in public
at a regular or special meeting of the Board of Aldermen. If suspension
or revocation of the license occurs, no license fee shall be refunded.
