[CC 1979 §53.010; Ord. No. 2363 §1(53.010), 12-3-1996]
A.
The purpose
and intent of this Chapter is to regulate massage therapy establishments
and massage therapists not currently licensed by the State of Missouri
in order to protect and promote the public health, safety and welfare
by:
1.
Providing
standards for education and training of massage therapists.
2.
Providing
a clean, sanitary, healthy and safe environment in which massage therapists
can operate.
3.
Promoting
professionalism by prohibiting illegal acts and encouraging ethical
behavior.
4.
Recognizing
massage therapy as a legitimate business occupation and promoting
the public confidence therein.
5.
Limiting
massage techniques offered to the public for valuable consideration
to those dealing with preventative health care, health maintenance
and rehabilitation.
[CC 1979 §53.020; Ord. No. 2363 §1(53.020), 12-3-1996]
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 therapists, who
render any service to the licensee, who receive compensation directly
from the licensee, and who have no physical contact with the customers
and clients.
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.
An establishment having a fixed place of business where any
person engages in, conducts or carries on or permits to be engaged
in, conducted or carried on massages as defined herein as a primary
function of the establishment.
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.
[CC 1979 §53.030; Ord. No. 2363 §1(53.030), 12-3-1996]
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 Sullivan the operation of a massage
establishment as herein defined or engaged in the practice or art
of massage within the City limits of the City of Sullivan without
first having obtained a business license from the office of the City
Clerk. Notwithstanding anything contained in this Chapter to the contrary,
no massage establishment shall be located within any residential zoning
district.
[CC 1979 §53.040; Ord. No. 2363 §1(53.040), 12-3-1996]
Every applicant for a business license to maintain, operate or conduct a massage establishment shall file an application with the City Clerk and pay a filing fee in the amount as set out in Section 160.260 of this Code. Said fee shall not be refundable in addition to the business license fee.
[CC 1979 §53.050; Ord. No. 2363 §1(53.050), 12-3-1996]
A.
The application
for a business license 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 each applicant. In addition to the foregoing, each applicant for
a business license shall furnish the following information:
1.
Name
and residence of each applicant.
a.
If
applicant is a corporation, the names and residence addresses of each
of the officers and directors of the corporation and of each stockholder
owning more than ten percent (10%) of the stock of the corporation,
and the address of the corporation itself, if different from the address
of the massage establishment.
b.
If
applicant is a partnership, the names and residence addresses of each
of the partners, including limited partners, and the address of the
partnership itself, if different from the address of the massage establishment.
2.
Written
proof that the individual applicant, or each partner if a partnership,
is at least eighteen (18) years of age.
3.
Copy
of identification such as driver's license and social security card.
4.
One
(1) portrait photograph of the applicant at least two (2) inches by
two (2) inches and a complete set of the applicant's fingerprints
which shall be taken by the Chief of Police or his/her agent. For
purposes of this Subsection, "applicant" includes
all officers and managing agents of a corporation and all partners,
including limited partners, in a partnership.
5.
Business,
occupation or employment of the applicant for the three (3) years
preceding the date of application.
6.
All
criminal convictions, other than misdemeanor traffic violations, including
the dates of convictions, nature of the crimes and place convicted.
7.
The
massage or similar business license history of the applicant; whether
such person, in previously operating in this or another City or State
under license, has had such license revoked or suspended, the reason
therefore, and the business activity or occupation subsequent to such
action of suspension or revocation.
8.
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 business
license.
B.
Upon
completion of the above-provided form and the furnishing of all foregoing
information by the applicant, the Chief of Police shall conduct the
necessary investigations.
[CC 1979 §53.080; Ord. No. 2363 §1(53.080), 12-3-1996]
A.
The City
Clerk may issue a business license for a massage establishment if
all requirements for a massage establishment described in this Chapter
are met and a license fee paid, unless the City Clerk finds that within
three (3) years of the application, the applicant or any other person
who will be directly engaged in the management and operation of a
massage establishment has been convicted of:
[CC 1979 §53.100; Ord. No. 2363 §1(53.100), 12-3-1996]
Any license issued for a massage establishment may be revoked
by the City where it is found that any of the provisions of this Chapter
are violated or where the licensee, including a massage therapist,
has been convicted of any offense found in Section 620.060(1), (2)
or (3) and the licensee has actual or constructive knowledge of the
violation or conviction or in any case where the licensee refuses
to permit any duly authorized Code Administrator or Police Officer
of the City of Sullivan to inspect the premises of the operations
therein. The City, before revoking any license, shall give the licensee
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 licensee may present evidence bearing upon the question.
Upon issuance of the written notice by the City, the license issued
shall be immediately suspended until such time as the Board of Aldermen
votes to revoke or not revoke the license.
[CC 1979 §53.120; Ord. No. 2363 §1(53.120), 12-3-1996]
A.
No license
to conduct a massage establishment shall be issued unless an inspection
by the Building Inspector or his/her authorized representative reveals
that the establishment complies with each of the following minimum
requirements:
1.
Construction
of rooms used for toilets, tubs, steam baths and showers shall be
waterproof with approved waterproof material.
2.
Lavatories
or wash basins provided with both hot and cold running water shall
be installed with soap in a dispenser and with sanitary towels.
3.
Verification
of the issuance of an occupancy permit for the proposed use.
B.
The Code
Administrator shall certify to the City Clerk that the proposed massage
establishment complies with all of the requirements of this Section.
[CC 1979 §53.130; Ord. No. 2363 §1(53.130), 12-3-1996]
1.
Every
portion of a massage establishment, including appliances, apparatus
and personnel, shall be kept clean and operated in a sanitary condition.
2.
All employees
shall be clean and wear clean outer garments. Provisions for a secure
and separate dressing room for each sex must be available on the premises.
3.
All employees
and massage therapists must be modestly attired. Transparent clothing
is prohibited. Clothing must cover the employees's and massage therapist's
chest and genital areas at all times.
4.
The private
parts 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.
5.
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 a sanitary manner.
6.
Wet and
dry heat rooms, shower compartments and toilet rooms shall be thoroughly
cleaned after each use.
7.
Advertising. No massage establishment granted a license
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 what would reasonably suggest
prospective patrons that any service is available other than those
services as described in this Section of this Chapter, nor shall any
massage establishment indicate in the text of such advertising that
any service is available other than those services defined as a "massage" in Section 620.020 hereof.
8.
A massage
establishment shall not carry on, engage in or conduct business before
8:00 A.M. or after 10 P.M.
[CC 1979 §53.140; Ord. No. 2363 §1(53.140), 12-3-1996]
The Chief of Police or his/her agent shall from time to time
make a survey inspection of each massage establishment in the City
of Sullivan for the purposes of determining that the provisions of
this Chapter are complied with. Such survey inspections shall be made
at reasonable times and in a reasonable manner. It shall be unlawful
for any licensee to fail to allow such survey inspection or to hinder
the Chief of Police or his/her agent in any manner.
[CC 1979 §53.160; Ord. No. 2363 §1(53.160), 12-3-1996]
Operators of any massage establishment and massage therapists
in operation at the time of the enactment of this Chapter are required
to comply with all provisions of this Chapter within thirty (30) days
of the effective date of this Chapter.
A.
The following
practitioners are exempt from the provisions of this Section upon
filing written proof with the Board that they meet one (1) or more
of the following:
1.
Persons
who act under a Missouri State license, registration, or certification
and perform soft tissue manipulation within their scope of practice;
2.
Persons
who restrict their manipulation of the soft tissues of the human body
to the hands, feet or ears;
3.
Persons
who use touch and words to deepen awareness of existing patterns of
movement in the human body as well as to suggest new possibilities
of movement;
4.
Persons
who manipulate the human body above the neck, below the elbow, and
below the knee and do not disrobe the client in performing such manipulation.
