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City of Frontenac, MO
St. Louis County
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Table of Contents
Table of Contents
[CC 1991 §15-51; Ord. No. 911, 5-18-1992]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
APPLICANT
Any person who applies for a permit as required by this Chapter.
EMPLOYEE
Any and all persons, other than the masseurs or masseuses, who render any service to the permittee, who receive compensation directly from the permittee and who have no physical contact with 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 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 SALON
Any establishment having a fixed place of business attached to or a part of a beauty salon where any person engages in or carries on or permits to be engaged in or carried on any of the activities mentioned in the definition of "massage" in this Section.
MASSEUR OR MASSEUSE
Any person who, for any consideration whatsoever, engages in the practice of massage as defined in this Section.
PERMITTEE
Any person receiving a permit to operate a massage salon or to serve as a masseur or masseuse under the provisions of this Chapter.
RECOGNIZED SCHOOL
Any institution of learning which has for its purpose the teaching of the theory, method, profession or work of massage and requires a resident course of not less than one hundred (100) hours for graduation. This course shall include instructions in the principles of anatomy and physiology. In order to be recognized, the school shall furnish the student who satisfactorily completes such course of study or learning a diploma or certificate of graduation.
[CC 1991 §15-52; Ord. No. 911, 5-18-1992]
The provisions of this Chapter shall not apply to hospitals, nursing homes, sanitaria, persons holding an unrevoked certificate of entitlement to practice the healing arts under the laws of the State of Missouri, Class A cosmetologists duly licensed by the State of Missouri under Chapter 329, RSMo., athletic trainers or persons working under the direction and control of such persons or in any such establishments.
[CC 1991 §15-91; Ord. No. 911, 5-18-1992]
A. 
Massage Salon. 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, the operation of a massage salon as defined in this Chapter, without first having obtained a permit from the City.
B. 
Masseur Or Masseuse. It shall be unlawful for any person to serve as a masseur or masseuse to engage in the practice of massage, as defined in this Chapter, without having first obtained a permit from the City.
[CC 1991 §15-92; Ord. No. 911, 5-18-1992; Ord. No. 938 §1, 12-15-1992]
A. 
Massage Salon. Every applicant for a permit to maintain, operate or conduct a massage salon shall file an application with the City upon a form provided by the City and pay a filing fee as hereafter provided by law.
B. 
Masseurs Or Masseuses. Any person, including an applicant for a massage salon permit, who engages in the practice of "massage" as herein defined, shall file an application for a masseur or masseuse permit with the City upon a form provided by the City and shall pay a filing fee as hereafter provided by law.
C. 
Fees Non-Refundable. Fees for permits required by this Chapter shall not be refundable if for any reason a permit is not issued or if the permittee shall cease operation before the end of the period for which the permit was issued.
D. 
Term. Permits issued under this Chapter shall expire on December thirty-first (31st) of the year of issuance.
E. 
Renewal Applications. Applications for a renewal of permits issued under this Chapter may be submitted at any time up to thirty (30) days prior to the date of expiration, along with the applicable fee.
F. 
The filing fee for an application for a license or for renewal of a license for a permit for a massage salon shall be one hundred dollars ($100.00) per calendar year or portion thereof and the filing fee for an application for a permit to serve as a masseur or masseuse shall be thirty-five dollars ($35.00) per calendar year or portion thereof.
G. 
In addition to annual filing fees, every operator of a massage salon shall obtain and pay for the business license tax required by Section 605.030 of the Code of Ordinances of the City of Frontenac.
[CC 1991 §15-93; Ord. No. 957 §1, 4-20-1993; Ord. No. 2001-1231 §1, 12-4-2001]
A. 
Massage Salon. The application for a permit to operate a massage salon shall set forth the exact nature of the massage to be administered, the proposed place of business and facilities therefor and the name and address of the applicant. In addition to the foregoing, any applicant for such a permit shall furnish the following:
1. 
A valid Missouri massage business license.
2. 
If the applicant is a firm, partnership, association or corporation, the name and address of each member or corporate officer shall be included in the application.
B. 
Masseur Or Masseuses. The application for a masseur or masseuses permit shall call for and the applicant for such a permit shall furnish the following:
1. 
A valid Missouri massage therapist license.
2. 
The full name and present address of the applicant and all aliases by which the applicant is or may be known.
3. 
Applicant's social security number.
[CC 1991 §15-94; Ord. No. 911, 5-18-1992]
An applicant for any permit provided for in this Chapter shall completely and truthfully disclose all information required by the application. Failure to so disclose such information shall bar the applicant from applying for or receiving such permit for a one (1) year period from the date of such application.
[1]
Editor's Note — Ord. no. 2001-1231 §2, adopted December 4, 2001, repealed section 630.070 "application — investigation required" in its entirety. Former section 630.070 derived from CC 1991 §15-95; ord. no. 911, 5-18-1992; ord. no. 953 §1, 3-16-1993.
[CC 1991 §15-96; Ord. No. 953 §1, 3-16-1993; Ord. No. 2001-1231 §1, 12-4-2001]
Masseur and masseuses permits shall have a copy of the permittee's photograph attached to one (1) side thereof.
[CC 1991 §15-97; Ord. No. 911, 5-18-1992]
A. 
Massage Salon. Every applicant for whom or for which a massage salon permit shall have been granted under this Chapter shall display such permit in a conspicuous place so that the same may readily be seen by persons entering the premises where the massage business is to be conducted.
B. 
Masseurs And Masseuses. Every person to whom a masseur or masseuse permit shall have been granted under this Chapter shall affix such permit conspicuously to the garment of the person when on duty so that the person's identity may be readily ascertainable.
[CC 1991 §15-98; Ord. No. 911, 5-18-1992; Ord. No. 2001-1231 §1, 12-4-2001]
A. 
Any permit issued for a massage salon or for a masseur or masseuse may be revoked or suspended by the City when it is found that any of the provisions of this Chapter are violated or in any case when the permittee or licensee refuses to permit any duly authorized Police Officer or representative of the City to inspect the premises or the operations therein in accordance with the provisions of this Chapter.
B. 
The City, before revoking or suspending any permit, shall give the permittee at least ten (10) days' written notice of the charges and of the opportunity for appeal to the City before whom the permittee may present evidence bearing upon the question. In such cases, the basis for the action by the City shall be specifically stated.
[CC 1991 §15-99; Ord. No. 911, 5-18-1992]
No massage salon permit shall be transferable.
[CC 1991 §15-126; Ord. No. 911, 5-18-1992; Ord. No. 99-1149 §1, 10-7-1999]
A. 
The Building Commissioner and Zoning Administrator is hereby authorized to promulgate reasonable rules and regulations pertaining to sanitary requirements for the operation of massage salons and is further authorized to adopt and promulgate any and all such rules and regulations as shall have been adopted by the Department of Community Health and Medical Care of St. Louis County, Missouri.
B. 
The permittee and all masseurs, masseuses, employees and customers shall comply with all such rules and regulations as are promulgated hereunder.
[1]
Editor's Note — Ord. No. 2001-1231 §2, adopted December 4, 2001, repealed section 630.130 "operating requirements" in its entirety. Former section 630.130 derived from CC 1991 §15-127; ord. no. 911, 5-18-1992; ord. no. 953 §1, 3-16-1993; ord. no. 957 §1, 4-20-1993.
[CC 1991 §15-128; Ord. No. 911, 5-18-1992]
Every permittee operating a massage salon shall keep a daily register in a bound book showing all patrons, with names, addresses and hours of arrival and, if applicable, the rooms or cubicles assigned. Such daily register shall at all times during business hours be subject to inspection by the City Clerk or his/her representative and by a Police Department officer and shall be kept on file for one (1) year.
[CC 1991 §15-129; Ord. No. 911, 5-18-1992; Ord. No. 99-1149 §1, 10-7-1999; Ord. No. 2001-1231 §1, 12-4-2001]
The Police Department and the Building Commissioner and Zoning Administrator shall have the authority to make an inspection of each massage salon in the City for the purpose of determining compliance with the provisions of this Chapter. Such inspections shall be made at reasonable times and in a reasonable manner and shall not include any cubicle, room or booth while a customer of the establishment is therein. 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. Each officer making such inspection shall make a written report of each such inspection and shall file the same with the City Clerk.
[CC 1991 §15-150; Ord. No. 911, 5-18-1992; Ord. No. 2001-1231 §1, 12-4-2001]
A. 
Any operator of any massage salon or any masseur or masseuses or other employee of such massage salon and the permittee or any patron in or upon the premises is hereby prohibited from:
1. 
Engaging in prostitution, masturbation, deviate sexual intercourse or other acts designed or intended to arouse or gratify the sexual desires of any person.
2. 
Soliciting, directly or indirectly, any person to engage in prostitution, masturbation, deviate sexual intercourse or other acts designed or intended to arouse or gratify the sexual desires of any person, whether such prostitution or masturbation or other acts are intended to occur on or off the premises of the massage salon.
B. 
Any operator who knows or reasonably should know that such prohibited act has occurred, does occur or is occurring in or on the premises of a massage salon, shall be deemed guilty of committing such act and shall be held liable as a principal.
C. 
No operator, masseur or masseuse or other person in the employment of the massage salon shall violate any Federal or State law or City ordinance or any provision of this Chapter in or upon the premises of any massage salon.
D. 
Each operator of a massage salon shall conduct the salon in a decent, orderly and respectable manner, and shall not permit within or upon the permitted premises the loitering of habitual drunkards or intoxicated persons, known prostitutes, lewd or indecent displays, profanity, rowdiness, undue noise or other distractions or activity offensive to the senses of the average citizen or the inhabitants of the neighborhood in which the establishment is located.
E. 
It shall be unlawful for any operator to knowingly employ a person as a masseur or masseuse as defined in this Chapter who is not in possession of a valid license.