[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:
EMPLOYEE
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.
MASSAGE
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.
MASSAGE ESTABLISHMENT
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.
MASSAGE THERAPISTS
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:
1. 
A felony;
2. 
An offense involving sexual misconduct; or
3. 
Obscenity, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution or pandering.
[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.