[Ord. No. 3228-01 §2, 1-3-2001; Ord. No. 3252-01 §§4—5, 4-18-2001]
As used in this Title, the following terms shall mean:
- MASSAGE BUSINESS
- Any place of business in which massage therapy is practiced.
- MASSAGE PARLOR
- Any place of business where any type of massage is performed by an individual who is not a massage therapist or otherwise exempted pursuant to Section 630.020(D) of this Code.
- MASSAGE THERAPIST
- A health care practitioner who provides or offers to provide massage therapy, as provided herein, 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 cosmetologists, hairdressers and manicurists.
- THERAPEUTIC MASSAGE
- This term shall have the same meaning as "Massage Therapy".
[Ord. No. 3228-01 §2, 1-3-2001]
Application. A person desiring a license to practice massage therapy shall make application to the Director of Finance pursuant to Chapter 605 and this Chapter and pay the appropriate fees.
Exemptions. The following practitioners are exempt from the provisions of this Chapter upon filing written proof with the City that they meet one (1) or more of the following:
Persons who act under a Missouri State license, registration or certification other than a license as a massage therapist pursuant to Sections 324.240 through 324.275, RSMo., 1994, and perform soft tissue manipulation within their scope of his or her licensed, registered or certified practice;
Persons who restrict their manipulation of the soft tissues of the human body to the hands, feet or ears;
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; and
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.
[Ord. No. 3228-01 §2, 1-3-2001]
The Director of Finance may refuse to issue, renew or reinstate any license required by this Chapter, or suspend or revoke any such license, for any of the following reasons:
The person has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution pursuant to the laws of any State or of the United States, for any offense reasonably related to the qualifications, functions or duties of the profession regulated pursuant to this Chapter, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not sentence is imposed;
Use of fraud, deception, misrepresentation or bribery in securing any license issued pursuant to this Chapter;
Obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation;
Incompetency, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties of the profession regulated by this Chapter;
Violation of, or assisting or enabling any person to violate, any provision of this Chapter, or of any lawful rule or regulation which the State Board of Therapeutic Massage has adopted;
Impersonation of any person holding a license or allowing any other person to use his or her certificate or diploma from any school;
Disciplinary action against the holder of a license or other right to practice the profession regulated by this Chapter granted by another municipality, State, territory, Federal agency or Country upon grounds for which revocation or suspension is authorized in this State;
A person is finally adjudged insane or incompetent by a court of competent jurisdiction;
Issuance of a license based upon a material mistake of fact; and/or
Use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed.