[R.O. 1992 § 615.010; CC 1984 § 53.010]
It is hereby declared that the business of operating massage establishments as defined herein is a business affecting the public health, safety and general welfare.
[R.O. 1992 § 615.020; CC 1984 § 53.020]
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 masseurs or masseuses, who render any service to the permittee, who receives compensation directly from the permittee, and who have no physical contact with the customers and clients.
- MASSAGE BUSINESS
- Any place of business in which massage therapy is practiced.
- MASSAGE THERAPIST
- 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.
- 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 to those occupations defined in Chapter 329, RSMo.
- MASSAGE THERAPY INSTRUCTOR
- An individual who possesses teaching credentials satisfactory to the board for the purpose of teaching massage therapy.
- An individual, corporation, association or other legal entity.
- RECOGNIZED SCHOOL
- Any school or institution of learning which has for its purpose the teaching of the theory, method profession or work of massage, which school requires a resident course of study not less than seventy (70) hours to be given in not more than three (3) calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning and which school has been recognized and approved by the State of Missouri.
[R.O. 1992 § 615.030; CC 1984 § 53.030]
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 Camdenton, the operation of a massage establishment as herein defined, without first having obtained a permit from the Mayor and Board of Aldermen.
[R.O. 1992 § 615.040; CC 1984 § 53.040]
Every applicant for a permit to maintain, operate or conduct a massage establishment shall file an application with the Mayor and Board of Aldermen and pay a filing fee of one hundred fifty dollars ($150.00) which shall not be refundable.
[R.O. 1992 § 615.050; CC 1984 § 53.050]
The application for a permit 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, any applicant for a permit shall furnish the following information:
Written proof that the applicant is at least eighteen (18) years of age.
Two (2) portrait photographs at least two (2) by two (2) inches, and fingerprints.
Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application.
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 therefor, and the business activity or occupation subsequent to such action of suspension or revocation.
Any criminal convictions, except minor traffic violations.
[R.O. 1992 § 615.060; CC 1984 § 53.060]
Any person, including an applicant for a massage establishment permit, who engages in the practice of massage as herein defined shall file an application for a masseur or masseuse permit with the Mayor and Board of Aldermen upon a form provided by said Mayor and Board of Aldermen and shall pay a filing fee of one hundred fifty dollars ($150.00) which shall not be refundable.
[R.O. 1992 § 615.070; CC 1984 § 53.070]
The application for a masseur or masseuse permit shall contain the following:
Name and residence address.
Social Security number.
Applicant's weight, height, color of hair and eyes, and fingerprints.
Written evidence that the applicant is at least eighteen (18) years of age.
Business, occupation, or employment of the applicant for three (3) years immediately preceding the date of application.
Whether such person has ever been convicted of any crime except minor traffic violations. If any person mentioned in this Subsection has been so convicted, a statement must be made giving the place of court in which the conviction was obtained and the sentence imposed as a result of such conviction.
The name and address of the recognized school attended, the date attended and a copy of the diploma or certificate of graduation awarded the applicant showing the applicant has successfully completed not less than seventy (70) hours of instruction.
[R.O. 1992 § 615.080; CC 1984 § 53.080]
When an application is filed for a massage establishment permit under this Chapter, the Mayor and Board of Aldermen shall fix a time and a place for a public hearing where applicant may present evidence upon the question of his/her application. Not less than ten (10) days before the date of such hearing, the Mayor and Board of Aldermen shall cause to be posted a notice of such hearing in a conspicuous place on the property in which or on which the proposed massage establishment is to be operated. The applicant shall maintain said notice as posted for a required number of days.
[R.O. 1992 § 615.090; CC 1984 § 53.090]
The Mayor and Board of Aldermen may issue a permit within fourteen (14) days following a hearing if all requirements for a massage establishment described in this Chapter are met and a license fee in the amount of three hundred dollars ($300.00) per year, beginning June 1 each year, is paid to the City Clerk for a business license, and may issue a permit to all persons who apply to perform massage services unless he/she finds:
The operation as proposed by the application if permitted would not have complied with all applicable laws, including, but not limited to, the Building, Health, Housing Zoning and Fire Codes of the City of Camdenton.
The applicant and any other person who will be directly engaged in the management and operation of a massage establishment has been convicted of:
The Mayor and Board of Aldermen in their discretion may issue a permit to any person convicted of any of the crimes in Subsection(A)(2)(a),(b) and (c) if he/she finds that such conviction occurred at least three (3) years prior to the date of the application and the applicant has had no subsequent convictions.
[R.O. 1992 § 615.100; CC 1984 § 53.100]
The Mayor and Board of Aldermen may issue a masseur or masseuse permit within twenty-one (21) days following application, unless he/she finds that the applicant for the masseur or masseuse permit has been convicted of:
The Mayor and Board of Aldermen at their discretion may issue a permit to any person convicted of such crimes if he/she finds that such conviction occurred at least three (3) years prior to the date of the application and the applicant has had no subsequent convictions.
[R.O. 1992 § 615.110; CC 1984 § 53.110]
Any permit issued for a massage establishment may be revoked or suspended by the Mayor and Board of Aldermen where it is found that any of the provisions of this Chapter are violated or where the permittee, including a masseur or masseuse has been convicted of any offense found in Section 615.100(A)(1), (2) or (3), and the permittee has actual or constructive knowledge of the violation or conviction, or in any case, where the permittee or licensee refuses to permit any duly authorized Police Officer or Health Inspector of the City of Camdenton to inspect the premises or the operations therein. The Mayor and Board of Aldermen before revoking or suspending any permit, shall give the premises at least ten (10) days' written notice of the charges against him/her and the opportunity for a public hearing before the Mayor and Board of Aldermen, at which time the permittee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing.
[R.O. 1992 § 615.120; CC 1984 § 53.120]
The Mayor and Board of Aldermen, before revoking or suspending any masseur or masseuse permit, shall give the masseur or masseuse at least ten (10) days' written notice of the examination into his/her conviction record and the opportunity for a public hearing before the Mayor and Board of Aldermen, at which hearing the Mayor and Board of Aldermen shall determine the relevant facts regarding the occurrence of the conviction.
[R.O. 1992 § 615.130; CC 1984 § 53.130]
No permit to conduct a massage establishment shall be issued unless an inspection by the Director of Public Health or his/her authorized representative reveals that the establishment complies with each of the following minimum requirements:
Construction of rooms used for toilets, tubs, steambaths and showers shall be waterproofed with approved waterproof materials.
Toilet facilities shall be provided in convenient locations. When five (5) or more employees and patrons of different sexes are on the premises at the same time, separate toilet facilities shall be provided. A single water closet per sex shall be provided for each twenty (20) or more employees or patrons of that sex on the premises at any one (1) time. Urinals may be substituted for water closets after one (1) water closet has been provided. Toilets shall be designated as to the sex accommodated therein.
Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Laboratories or wash basins shall be provided with soap in a dispenser and with sanitary towels.
The Director of Public Health shall certify that the proposed massage establishment complies with all of the requirements of this Section of the Chapter and shall give or send such certification to the Mayor and Board of Aldermen.
[R.O. 1992 § 615.140; CC 1984 § 53.140]
Every portion of a massage establishment, including appliances, apparatus, and personnel shall be kept clean and operated in a sanitary condition.
All employees shall be clean and wear clean outer garments whose use is restricted to the massage establishment. Provisions for a separate dressing room for each sex must be available on the premises with individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing.
All employees, masseurs, and masseuses must be modestly attired. Diaphanous, flimsy, transparent, form fitting, or tight clothing is prohibited. Clothing must cover the employee's masseurs' or masseuses' chests at all times. Hemlines of skirts, dresses or other such attire may be no higher than the top of the knee.
The private parts of patrons must be covered by towels, cloths, or undergarments when in the presence of an employee, masseur or masseuse. Any contact with a patron's genital area is strictly prohibited.
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 approved, sanitary manner.
Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.
Advertising. No massage establishment granted a permit 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 that would reasonably suggest to prospective patrons that any service is available other than those services as described in Section 615.020 of this Chapter, or that employees, masseurs, or masseuses, are dressed in any manner other than described in this Section, nor shall any massage establishment indicate in the text of such advertising that any service is available other than those services described in Section 615.020.
All services enumerated in Section 615.020 of this Chapter must be carried on in one (1) cubicle, room, booth, or area within the massage establishment. No service enumerated in Section 615.020 of this Chapter may be carried on in any other cubicle, room, booth or area except where such cubicle, room, booth or area has transparent doors or walls, such that all activity within the cubicle, room, booth, or area is visible from outside the same.
A massage establishment shall not carry on, engage in, or conduct business on Sunday and on other days shall not carry on, engage in, or conduct business before 8:00 A.M. or after 6:00 P.M.
[R.O. 1992 § 615.150; CC 1984 53.150]
Every person who engages in or conducts a massage establishment shall keep a daily register, approved as to form by the Mayor and Board of Aldermen of all patrons, with names, addresses and hours of arrival and, if applicable, the rooms or cubicles assigned. Said daily register shall at all times during business hours be subject to inspection by Health Department officials and by the Police Department and shall be kept on file for one (1) year.
[R.O. 1992 § 615.160; CC 1984 § 53.160]
The Police Department and the Department of Public Health shall from time to time and at least twice a year, make an inspection of each massage establishment in the City of Camdenton, for the purpose of determining that the provisions of this Chapter are complied with. Such inspections shall be made at reasonable times and in a reasonable manner. 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.
[R.O. 1992 § 615.170; CC 1984 53.170]
No permit shall be transferable except with the written consent of the Mayor and Board of Aldermen and the approval of the Department of Public Health; provided, however, that upon the death or incapacity of the permittee the massage establishment may continue in business for a reasonable period of time to allow for the orderly transfer of permit.
[R.O. 1992 § 615.180; CC 1984 § 53.180]
Holders of any outstanding massage establishment permit heretofore issued under any provision of law are required to comply with all provisions of this Chapter.
Applicants for a masseur or masseuse permit may substitute one (1) year's continuous experience as a masseur or masseuse in lieu of the requirement of a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method and work of massage is taught. Such masseur or masseuse must obtain an affidavit attesting to such experience from the owner of the establishment where the continuous year of experience occurred. If, after diligent effort, the masseur or masseuse is unable to obtain an affidavit from the owner, such masseur or masseuse may submit an affidavit from a person who had firsthand knowledge of his/her or her continuous year of experience.
[R.O. 1992 § 615.190; CC 1984 § 53.190]
All persons who possess any outstanding permit heretofore issued as either the operator of a massage establishment or as a masseur or masseuse must file for a new permit within six (6) months of the effective date of this Chapter.
[R.O. 1992 § 615.200; CC 1984 § 53.200; Ord. No. 1715-98 § 1, 9-22-1998; Ord. No. 1726-98 § 1, 12-15-1998]
The provisions of this Chapter shall not apply to the following:
Hospitals, clinics, nursing homes, or sanitariums, or to persons working in any such establishments;
Physicians, surgeons, nurses, chiropractors, physical therapists, osteopaths or massage therapists holding a certificate of registration or authority, or any permit or license from the State of Missouri to practice the healing arts under the laws of the State of Missouri or to persons working under the direction of any such persons;
Cosmetologists, estheticians, or instructors or students of cosmetology or any practices of cosmetology, holding a certificate of registration or authority, or any permit or license from the State of Missouri to practice cosmetology under the laws of the State of Missouri.
[R.O. 1992 § 615.210; CC 1984 § 53.210]
The Mayor and Board of Aldermen may after a public hearing, make and enforce reasonable rules and regulations not in conflict with, but to carry out, the intent of this Chapter.
[R.O. 1992 § 615.220; CC 1984 § 53.220]
Every person, except those persons who are specifically exempted by this Chapter, whether acting as an individual, owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employee or operator or acting as a participant or worker in any way, who gives massage or conducts a massage establishment without first obtaining a permit and paying a license fee to do so from the City of Camdenton or shall violate any of the provisions of this Chapter shall be guilty of an ordinance violation.