[R.O. 2007 § 605.330; Ord. No. 3359 § 5, 12-14-2000]
The provisions of this Article shall not apply to any massage therapist or business, as those terms are defined at Section 324.240, RSMo., and which is licensed and regulated by the State of Missouri except that pursuant to Section 324.272, RSMo., the City of St. Peters may continue to charge occupational license fees as listed in the fee schedule at Section
605.013 to any individuals or business performing massage services. By and through this Article it is the intention of the City of St. Peters to regulate and license those individuals performing massage services who are exempted now or in the future from complying with the provisions of Chapter 324, RSMo., as it relates to massage therapists.
[R.O. 2007 § 605.331; Ord. No. 3359 § 5, 12-14-2000]
The provisions of Article
I of Chapter
605 of the City Code shall apply to this Article and any license issued hereunder, including, but not limited to, the provisions which address suspension, revocation, denial or renewal of licenses, penalty fees, and the investigation fee set forth in Section
605.013. However, the specific provisions of this Article shall control and take precedence over any provision of Article
I of Chapter
605 to the contrary. Any provision of this Article which addresses the same topic as Article
I of Chapter
605 but which is not in conflict with the provisions of Article
I of Chapter
605 shall be read in conjunction with and as an alternative to the provisions of Article
I of Chapter
605.
[R.O. 2007 § 605.333; CC 1979 § 15-17; Ord. No. 760 § 6(B), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 6120 § 28, 4-24-2014]
A. It shall be unlawful for any person to
engage in, conduct or carry on, or permit to be engaged in, conducted
or carried on, in or upon any premises in the City, the operation
of a massage establishment or outcall massage service without first
having obtained a license duly issued by the City Clerk as set forth
in this Article.
B. Application for a license to engage in
the business of a massage establishment or outcall massage service
shall be obtained from the City Clerk and shall contain the following
information:
1.
The two (2) previous (if any) addresses
within the three (3) years immediately prior to the present address
of the applicant.
2.
Written proof that the individual
applicant, or if the applicant is a partnership, that each partner,
is over the age of eighteen (18) years.
3.
The individual applicant's or if
the applicant is a partnership, each partner's height, weight, color
of eyes and hair, and sex.
4.
Two (2) portrait photographs of the
applicant, at least two (2) inches by two (2) inches.
5.
Businesses, occupations or employments
of the applicant for the three (3) years immediately preceding the
date of the application.
6.
The history of the applicant in the
operation of a massage establishment, outcall massage service or similar
business or occupation.
7.
All criminal convictions, other than
motor vehicle traffic convictions, and lawful pardons and rehabilitative
activity related thereto.
8.
The name and address of each masseur,
masseuse or employee who is currently, or to the knowledge of the
applicant will be, employed in such establishment or service or work
as an independent contractor therein, and the terms and conditions
of such employment or contract.
9.
If the applicant is a corporation,
the name and address of the officers and directors of such corporation
and of each stockholder of the corporation. Each of the aforementioned
officers, directors and stockholders shall be required to furnish
the same information as to the individual partnership applicant stated
in this Section.
10.
The address and location of the proposed
massage establishment.
[R.O. 2007 § 605.335; CC 1979 § 15-18; Ord. No. 760 § 6(C), 12-9-1982; Ord. No. 791 § 4, 4-28-1983; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 6120 § 29, 4-24-2014]
A. All applications for a massage establishment or outcall massage service license shall be accompanied by an occupational license fee as listed on the fee schedule at Section
605.013, no part of which shall be refundable, and a full set of the applicant's fingerprints, such fingerprinting to be performed by the City Police Department. In addition, an annual license fee as listed on the fee schedule at Section
605.013 shall be charged for each mechanical or electronic amusement device situated in massage establishments, and such additional fee shall be described as mechanical or electronic amusement device on the fee schedule at Section
605.013.
B. Upon receipt of such application, the City
Clerk shall refer the application to the Police Department. The Department
shall, within thirty (30) days from the date of such application,
review records and make an inspection of the premises proposed to
be used as a massage establishment or outcall massage service and
shall make a written report to the City Clerk and Board of Aldermen
concerning compliance with the respective requirements of this Article.
C. The City Clerk shall issue such license
if it is found:
1.
The operation, as proposed by the
applicant, complies or would comply with all applicable laws and ordinances
of the City and the State of Missouri.
2.
The applicant is, or if the applicant
is a corporation, that the officers, directors and stockholders as
stated herein are of good moral character.
3.
The application is approved by a
majority of the members of the Board of Aldermen.
D. The City Clerk shall not issue such license
if one (1) or more of the following is found by any of the investigative
staff of the City:
1.
Intentional misstatements or misleading
statements of fact in the application.
2.
The proposed operation would not
comply with all applicable provisions of this Section, other City
ordinances and regulations and the laws of the State of Missouri.
3.
Any parties interested in the proposed
business are not of good moral character.
4.
The required application fee has
not been paid.
E. In the event of denial, notification and
reasons for such denial shall be set forth in writing and shall be
sent to the applicant by means of certified mail or hand delivery.
[R.O. 2007 § 605.345; CC 1979 § 15-20; Ord. No. 760 § 6(E), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 6120 § 31, 4-24-2014]
The licensee shall maintain a written
listing of all masseurs, masseuses and employees, whether employed
by the licensee or working as independent contractors. Such written
list shall be available for inspection by the City during regular
business hours.
[R.O. 2007 § 605.360; CC 1979 § 15-3; Ord. No. 760 § 6(H), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000]
A. The Building Commissioner and his/her duly
appointed representatives are authorized to promulgate reasonable
rules and regulations pertaining to the sanitary requirements for
the operation of massage establishments and outcall massage services.
B. The licensee shall comply with all such
rules and regulations.
[R.O. 2007 § 605.370; CC 1979 § 15-5; Ord. No. 760 § 6(J), 12-9-1982; Ord. No. 3359 § 5, 12-14-2000]
No massage establishment or outcall
massage service located in the City shall be open or operate between
1:30 A.M. and 6:00 A.M.
[R.O. 2007 § 605.375; CC 1979 § 15-22; Ord. No. 760 § 6(K), 12-9-1982; Ord. No. 2495 § 4(15-22), 6-27-1996; Ord. No. 2580 § 1, 11-14-1996; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 6120 § 33, 4-24-2014]
A. Any person desiring to obtain a massage
practitioner license shall file a written application for a license
with the City Clerk, which application shall contain the following:
1.
Name, address, telephone number,
date and place of birth.
2.
Height, weight, sex and color of
eyes and hair.
3.
Written proof that the applicant
is at least eighteen (18) years of age.
4.
Previous addresses for the last three
(3) years.
5.
Names and addresses of employers
for the last three (3) years, and a job or employment description
for each position held.
6.
For initial licensing, proof of successful
completion of one hundred (100) hours of training at an approved recognized
school; within two (2) years of initial licensing, completion of an
additional four hundred (400) hours of massage therapy training at
a recognized school.
7.
Proof of membership or eligibility
for membership in a professional organization devoted to the support
or development of massage.
8.
Any conviction of any crimes, felonies
misdemeanors, or ordinance violations, other than motor vehicle traffic
offenses.
9.
Two (2) recent photographs of the
applicant and a full set of the applicant's fingerprints, such photographing
and fingerprinting to be performed by the City Police Department.
10.
The business license or permit history
of the applicant; whether such applicant has ever had any license
or permit issued by an agency or board, city, county or state revoked
or suspended, or has had any professional or vocational license or
permit revoked or suspended, and the reason therefor.
11.
A recent letter from a physician
licensed to practice in the State of Missouri, stating that the applicant
has, within thirty (30) days immediately preceding the date of application,
been examined and has no contagious or communicable disease.
12.
The name(s) and address(s) of the
licensed massage establishment(s) at which the applicant intends to
practice massage or give massage therapy with the requirements of
this Article.
13.
Such other information as may be required by the City Clerk. The application shall also be accompanied by an application fee as listed on the fee schedule at Section
605.013, no part of which shall be refundable or prorated.
14.
Upon receipt of such application,
the Clerk shall refer the application to the Department of Health
and Environmental Services. The Department of Health and Environmental
Service shall, within thirty (30) days from the date of the application,
make an inspection of the premises proposed to be used as a massage
establishment or outcall massage service and shall make a written
recommendation to the City Clerk concerning compliance with respective
requirements.
15.
The City Clerk shall issue such license
if it is found that the applicant is of good moral character and does
not have any communicable or contagious disease and has complied with
all provisions of this Article.
16.
Massage practitioners may apply for
a new license yearly as provided in this Subsection and must apply
no later than December 1 of each year to obtain a license for the
following year. In order to renew a license to practice massage, a
licensee must: be otherwise eligible for licensure; provide proof
of at least three (3) hours of continuing education sponsored by recognized
professional associations, approved schools of massage, colleges or
universities in the practice of massage; pay the annual license fee
and comply with any other requirements of this Article for license
renewal.
[R.O. 2007 § 605.380; Ord. No. 2721 § 2, 7-24-1997; Ord. No. 3359 § 5, 12-14-2000]
A. A massage practitioner may obtain a special
endorsement to the license issued thereto specifically authorizing
outcall massage services as outlined as follows:
1.
Authorization For Massage Procedures.
Outcall massage services may be performed by a massage practitioner
licensed by the City only upon a person who is retaining such services
by written authorization from an individual, firm, partnership, corporation,
company or association licensed or authorized to provide massage therapy
under the laws of the State of Missouri, while engaged in their licensed
occupation. Such services may be performed at the location, time and
date established by the patron. No massage practitioner shall offer
or perform any service other than those referenced on the written
authorization.
2.
Transportation Of Equipment. The
massage therapist shall submit detailed information setting forth
the manner and means of transporting, to and from the premises where
outcall massage services are to be performed, the clean, sanitary
towels, coverings and linens, sterilized instruments to be utilized,
as well as any supplementary aides, equipment or devices to be utilized
and the method(s) of disposal thereof.
3.
Keeping Of Records. Every person
who provides such outcall massage services shall, at all times, keep
an appointment book in which the name and address of each and every
patron shall be entered, together with the time, date and location
by street address including suite or apartment number, services provided,
and the price charged, and a copy of the written authorization for
such massage therapy/procedures.
[R.O. 2007 § 605.385; CC 1979 § 15-6; Ord. No. 760 § 6(L), 12-9-1982; Ord. No. 2495 § 3(15-7), 6-27-1996; Ord. No. 3359 § 5, 12-14-2000; Ord. No. 5324 § 18, 1-14-2010]
A. It shall be unlawful for any masseur or
masseuse or other person to:
1.
Perform a massage or practice massage
therapy on any other person without a license issued by the City,
and other than in the employment of a licensed massage establishment
or outcall massage service.
2.
Employ a person as a masseur or masseuse
who does not hold a valid license.
3.
Knowingly allow, permit, encourage,
direct, perform or promote any acts of prostitution, masturbation
or fellatio.
4.
Have narcotics or controlled substances
under the laws of the United States, the State, or the City of St.
Peters on the premises of a massage establishment or outcall massage
service.
5.
Have alcoholic beverages or wine
on the premises of a massage establishment or outcall massage service.
[R.O. 2007 § 605.390; Ord. No. 2495 § 2, 6-27-1996; Ord. No. 3359 § 5, 12-14-2000]
A. The provisions of this Article shall not
apply to:
1.
Any individual, firm, partnership,
corporation, company or association licensed or authorized pursuant
to Sections 197.040, 198.015, 330.020, 331.030, 334.010, 334.510,
334.704, 354.055, 354.405, RSMo., while engaged in their licensed
occupation;
2.
Any athletic trainer while performing
his/her normal duties for a sports team or organized sports event;
3.
Any massage therapist invited to
this City to participate in an organized sports event which has the
sanction of the City or a recognized institution within the City,
while performing massage therapy as a part of that event; or
4.
Any barber or cosmetologist licensed
by this State, while engaged in their licensed occupation to the extent
the barbers or beauticians are massaging a person's scalp, neck and
upper shoulders for purposes of treating/cleaning such person's hair.