City of Eureka, MO Massage Establishment Code

Any person, other than a masseur or masseuse, who renders any service to the permittee, who receives compensation or any consideration and who has no physician contact with the permittee's customers or clients.

MASSAGE

Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body, for medical or hygienic purposes, with the hands or with the aid of any mechanical or electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, unguents or other similar preparations commonly used in this practice.

MASSAGE ESTABLISHMENT

Any establishment having a fixed place of business, wherein massage is given, engaged in or carried on, or permitted to be given, engaged in or carried on, for any form of consideration.

MASSEUR OR MASSEUSE

Any person who administers to another person, for any form of consideration, massage.

OUTCALL MASSAGE SERVICE

Any business not licensed as a massage establishment under the provisions of this article wherein massage is given, engaged in or carried on, or permitted to be given, engaged in or carried on, for any form of consideration, not at a fixed location, but at a location designated by the masseur or masseuse, customer or client.

PERMITTEE

Any person receiving a permit to operate or massage establishment or outcall massage service under the provisions of this article.

Section 12-28 Exceptions to Article.

[Ord. No. 600 §1; Ord. No. 1339 §1, 2-17-1998]

The provisions of this article shall not apply to properly licensed and certified massage therapists operating in or from an approved establishment, hospitals, nursing homes, sanitaria, persons holding an unrevoked certificate of entitlement to practice the healing arts under the laws of the State, barbers and beauticians duly licensed by the State, athletic trainers or persons working under the direction and control of such persons or in any such establishments.

Section 12-29 (Reserved) [1]

[1]

Editor's Note — Ord. No. 1129 §1 adopted on 10-4-1994 repealed §12-29 which originally derived from Ord. No. 600 §1.

Section 12-30 Permit — Required; Application; Fee; Appeals.

[Ord. No. 600, §1; Ord. No. 1129 §2, 10-4-1994]

(a)

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 establishment or an outcall massage service, as herein defined, without first having obtained a permit duly issued by the administrator as set forth herein.

(b)

It shall be unlawful for any person to engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, the operation of a massage establishment or outcall massage service, as herein defined, or to perform or engage in massage, as herein defined, for any form of consideration, in any "motor vehicle" as defined in section 13-1, as amended, any "trailer" as defined in sections 23-1 and 23-75, as amended, or any "vehicle" as defined in section 13-1, as amended.

(c)

Application for a permit to engage in the business of massage establishment shall be obtained from the administrator and shall contain the following:

(1)

The present address and two previous addresses (if any) within the three years immediately prior to the present address of the individual or partnership applicant;

(2)

Written proof that the individual or partnership applicant is eighteen years of age or older;

(3)

Individual or partnership applicant's height, weight, color eyes, color hair and sex;

(4)

Two portrait photographs at least two inches by two inches of each individual or partnership applicant;

(5)

Businesses, occupations or employments of the individual or partnership applicant for the three years immediately preceding the date of the application;

(6)

The history of the individual or partnership applicant in the operation of a massage establishment, outcall massage service or similar business or occupation;

(7)

All convictions of each individual or partnership applicant for violations of criminal statutes or ordinances;

(8)

The name, address and two portrait photographs at least two inches by two inches of each masseur, masseuse and employee who is to be employed in such establishments, or engaged as an independent contractor therein, and the terms and conditions of such employment or contract;

(9)

Written proof that each masseur, masseuse or employee to be employed by such establishment, or engaged as an independent contractor therein, is eighteen years of age or older;

(10)

Written proof of the training and experience in the field of massage of each masseur and masseuse to be employed by such establishment, or engaged as an independent contractor therein;

(11)

All convictions of each masseur, masseuse, employee or independent contractor, of violations of criminal statutes or ordinances, other than minor traffic violations, and lawful pardons or rehabilitative activity related thereto;

(12)

If applicant is a corporation, each officer, director and stockholder thereof shall furnish to the administrator the information required in paragraphs (1) through (7) of this subsection;

(13)

If the applicant is a corporation, a photostatic copy of the certificate of incorporation as issued by the secretary of state, or from any other state in which incorporated; and a copy of the articles of incorporation;

(14)

The address of the location of the premises, and a description or drawing, map or diagram of the area of the premises to be used as a massage establishment.

(d)

Applicant for a permit to engage in the business of an outcall massage service shall be obtained from the administrator, and shall contain the following:

(1)

All of the information required of an applicant for a massage establishment permit, found in paragraphs (1) through (13) of subsection (c) of this section;

(2)

The address of the premises to be used as the base of operations, headquarters or office of the proposed outcall massage service.

(e)

[Repealed by Ord. No. 1129 §2, 10-4-1994]

(f)

Upon receipt of the application for a massage establishment or outcall massage service permit, the administrator shall refer the application to the zoning commission, city marshal and building commissioner. Each of these departments or divisions shall, within thirty days of the date of submission of such application, review the submitted information and/or make an inspection of the premises proposed to be used as a massage establishment or outcall massage service and submit a written report to the administrator concerning compliance with the provisions of this article and all other applicable statutes and ordinances.

(g)

The administrator shall issue such massage establishment or outcall massage service permit if it is found:

(1)

That the operation, as proposed by applicant, complies or would comply with all applicable statutes and ordinances, including, but not limited to, the city's Building Code, zoning ordinances and health ordinances;

(2)

That applicant, or if applicant is a corporation, the officers, directors and stockholders as stated herein, the masseurs and masseuses to be employed by such establishment or service or engaged as independent contractors therein and employees shall be eighteen years of age or older; and

(3)

Otherwise, such permit shall be denied. In the event of denial, notification and reasons for denial shall be set forth in writing and shall be sent to applicant by means of certified mail or hand delivery.

(h)

An appeal may be taken by any aggrieved party to the circuit court of the county, pursuant to the provisions of section 536.150 of the Revised Statutes of Missouri.

(i)

The permittee shall submit to the administrator the name, address and two portrait photographs, at least two inches by two inches, of each masseur, masseuse, independent contractor and employee, that is, subsequent to the issuance of the permit, employed or engaged in such establishment during the term of the permit.

Section 12-31 Same — Term; Renewal.

[Ord. No. 600, §1; Ord. No. 1129 §2, 10-4-1994]

(a)

All permits for a massage establishment or outcall massage service shall be for a period of one year. All permits for massage establishments or outcall massage services issued prior to the passage of this amendment to the Massage Establishment Code shall expire on September 30, 1980.

(b)

Applications for renewal of massage establishment or outcall massage service permits shall be obtained from the administrator and shall contain the same information as required for an original massage establishment or outcall massage service permit.

(c)

Repealed by Ord. No. 1129 §2, 10-4-1994.

(d)

Applications for renewal of massage establishments or outcall massage service permits shall be submitted to the administrator within thirty days of the date of expiration of such permit, and a determination on such renewal application shall be made within thirty days of the receipt of the application.

(e)

Notification and appeal procedures with regard to renewal of permits shall be the same as required in section 12-30.

Section 12-32 Same — Display.

[Ord. No. 600, §1]

(a)

The permittee shall display the massage establishment or outcall massage service permit issued in an open and conspicuous location on the premises or in the base of operations, headquarters or office.

(b)

The permittee shall maintain on the premises of the massage establishment or in the base of operations, headquarters or office of the outcall massage service a written register with the names, addresses and portrait photographs at least two inches by two inches of all masseurs and masseuses, whether employed by the permittee or engaged as independent contractors, and employees. Such register shall be open for inspection during business hours to all officials of the city and the county.

(c)

Masseurs, masseuses, employees and permittee shall carry a copy of the permits issued herein when performing any activity relating to an outcall massage service.

(d)

An appeal may be taken by an aggrieved party to the circuit court of the county in accordance with the provisions of section 536.100 et seq., of the Revised Statutes of Missouri.

Section 12-33 Promulgation of Sanitation Regulations.

[Ord. No. 600, §1]

The administrator is authorized to promulgate reasonable rules and regulations pertaining to the sanitary requirements for the operation of massage establishments, and outcall massage services. The permittee, masseurs, masseuses, employees and customers shall comply with all such rules and regulations as promulgated herein.

Section 12-34 Alcoholic Beverages Prohibited.

[Ord. No. 600, §1]

The possession and/or consumption of alcoholic beverages on the premises of any massage establishment is hereby prohibited and the permittee shall be held responsible if any alcohol is possessed or consumed on the premises.

Section 12-35 Transfer of Permit.

[Ord. No. 600, §1]

No massage establishment or outcall massage service permit shall be transferable except upon first having obtained a new permit from the administrator pursuant to all of the requirements for a new applicant.

For purposes of this section, a "transfer" shall be deemed to have taken place if there is any change in an individual permittee, any change in any partner in a partnership permittee, or any change in an officer, director or stockholder of a corporate permittee.

Section 12-36 Hours of Operation.

[Ord. No. 600, §1]

Any massage establishment or outcall massage service located in the city shall not be open, nor conduct operation, between the hours of 1:30 A.M. and 6:00 A.M.

Section 12-37 Penalties.

[Ord. No. 600, §1]

Any person who violates any of the provisions of this article shall, upon conviction, be sentenced to not more than six months, or not more than a five hundred dollar fine, or by both such sentence and fine.