City of Oak Grove, MO
Jackson County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
The regulations contained in this Chapter shall apply to any person(s), firm or corporation not licensed and operating under the provisions of Sections 324.240 RSMo., et seq., regarding massage therapy.
[Ord. No. 575 §1(I), 3-21-1977]
When used in this Chapter, the following words shall have the meanings herein indicated:
BATHHOUSE
The occupation of maintaining and operating for compensation any services of baths of all kinds, including all forms and methods of hydrotherapy.
BODY PAINTING STUDIOS
The occupation of maintaining, operating and offering any services for compensation of applying paint or other substance, whether transparent or non-transparent, to or on the human body when such body is wholly or partially nude by any means of application, technique or process.
EMPLOYEE
Any person, other than masseurs or masseuses, who renders any service to a permittee under this Chapter who receives compensation from the permittee or patron.
ESCORT SERVICE OR BUREAU, DATING SERVICE OR BUREAU
The occupation of providing a companion, escort or date for a fee.
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 the 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 ESTABLISHMENT
Any establishment having a place of business where any person, firm, partnership, association or corporation engages in or carries on or permits to be engaged in or carried on any of the activities mentioned herein for compensation.
MASSEUR OR MASSEUSE
Any person who, for any consideration whatsoever, engages in the practice of massage as herein defined.
MODELING STUDIOS
The occupation of maintaining, operating and offering any services for compensation of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise. To be included within the definition of modeling studios is the occupation or practices for compensation of offering one's body, wholly or partially in the nude, for the purpose of having designs of whatever nature applied thereto by whatever process or technique with any kind of substance whether it be transparent or non-transparent.
PATRON
Any person over eighteen (18) years of age who utilizes or receives the services of any establishment subject to the provisions of this Chapter and under such circumstances that it is reasonably expected that he/she will pay money or give any other consideration therefor.
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.
[Ord. No. 575 §1(II), 3-21-1977]
A. 
It shall be unlawful for any person, firm, partnership, association or corporation within the City limits of Oak Grove, Missouri, to act as agent for or cause the solicitation, advertising or promotion by telephone, newspaper, radio, television or other means or participate directly or indirectly in or for the operation of a bathhouse, massage establishment, body painting studio, modeling studio, escort service or bureau or dating service or bureau or carry on such activities for or on behalf of any person engaged in the activity of such establishment without first obtaining a permit therefor issued by the Governing Body of this City. A separate permit shall be required for each and every separate place of business conducted by any one (1) permittee, such permit shall be valid only from January first (1st) to December thirty-first (31st) of each year. No such permit shall be issued unless the bathhouse, massage establishment, body painting studio or modeling studio, escort service or bureau or dating service or bureau or any person, firm, partnership, association or corporation engaged in the activity of such establishment fully complies with the provisions of this Chapter regardless of the location of such establishment or place where such activity is conducted. The establishment or place where such activity is conducted shall at all times be on file with the City Clerk.
B. 
It shall further be unlawful for any person, firm, partnership, association or corporation within the City limits of Oak Grove, Missouri to participate directly or indirectly in or for the operation of business activity under a different name or designation than those herein specified but for the purpose of carrying out activity or activities defined under Section 620.010 above.
[Ord. No. 575 §1(III), 3-21-1977]
No person shall be employed as an attendant, masseur, masseuse, model or as an employee of any kind in any establishment subject to the provisions of this Chapter unless he/she has a valid employee's permit issued by the City pursuant to the provisions of this Chapter.
[Ord. No. 575 §1(IV), 3-21-1977]
A. 
Every applicant for a permit to maintain, operate or conduct any such establishment shall file an application with the Board of Aldermen and pay an annual filing fee to the City Clerk of one hundred dollars ($100.00) which shall not be refundable or prorated.
B. 
The application for a permit to operate any such establishment shall set forth the exact nature of the services to be provided, the proposed place of business and facilities therefor, and the name, address and telephone number of each applicant including any stockholder holding more than ten percent (10%) of the stock of the corporation, any partner when a partnership is involved and any manager.
C. 
In addition to the foregoing, any applicant for a permit shall furnish the following information:
1. 
Written proof that the applicant is at least eighteen (18) years old.
2. 
Two (2) portrait photographs at least two (2) inches by two (2) inches and fingerprints.
3. 
Business, occupation or employment of the applicant for the three (3) years immediately preceding the date of application.
4. 
The massage, bathhouse, modeling studio, body painting studio, escort service or bureau or dating service or bureau 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.
5. 
Any criminal convictions, except minor traffic violations, fully disclosing the jurisdiction in which convicted and the offense for which convicted and the circumstances thereof.
6. 
In the case of a bathhouse, massage establishment, modeling studio or body painting studio application, each employee shall submit a health certificate from a duly licensed physician stating that the applicant has within thirty (30) days prior thereto been examined and found to be free of any contagious or communicable disease.
7. 
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 permit.
[Ord. No. 575 §1(V), 3-21-1977]
A. 
Any person employed to perform any services in a massage establishment, bathhouse, modeling studio, body painting studio, escort service or bureau or dating service or bureau as defined herein shall file a written application for an employee permit with the Police Commissioner or Chief of Police and pay a filing fee to the City Clerk of five dollars ($5.00) which shall not be refundable or prorated. The permit shall be issued for one (1) year and renewed annually on January first (1st) of each year.
B. 
The application for an employee permit shall contain the following:
1. 
Name, address and telephone number.
2. 
Two (2) portrait photographs at least two (2) inches by two (2) inches.
3. 
Applicant's weight, height, color of hair and eyes and fingerprints.
4. 
Written evidence that the applicant is at least eighteen (18) years old.
5. 
Business, occupation or employment of the applicant for the three (3) years immediately preceding the date of application.
6. 
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 and court in which the conviction was obtained and the sentence imposed as a result of such conviction.
7. 
The position or function the applicant is being hired to perform within such establishment.
8. 
A statement in writing from a licensed physician that he/she has examined the applicant and believes the applicant to be free of all contagious or communicable diseases.
9. 
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 permit.
[Ord. No. 575 §1(VI), 3-21-1977]
Any person, including an applicant for a massage establishment permit, who engages or intends to engage in the practice of massage as herein defined shall upon mailing application for a permit supply 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 in the theory, method or practice of massage.
[Ord. No. 575 §1(VII), 3-21-1977]
Each employee issued a permit by the Police Commissioner or Chief of Police under the provisions of this Chapter shall at all times when working in an establishment subject to the provisions of this Chapter have in his/her possession a valid identification card issued by the City bearing the employee's permit number, the employee's physical description and a photograph of such employee. Such identification card shall be laminated to prevent alteration. Provided that all persons granted permits under this Chapter shall at all times keep such permits available for inspection upon request of any person who by law may inspect same.
[Ord. No. 575 §1(VIII), 3-21-1977]
A. 
After the filing of an application in the proper form, the Board of Aldermen shall examine the application and after such examination shall issue a permit for a massage establishment, bathhouse, modeling studio, body painting studio, escort service or bureau, dating service or bureau, unless the Governing Body finds that:
1. 
The correct permit fee has not bee paid to the City;
2. 
The operation as proposed by the applicant, if permitted, would not comply with all applicable laws including, but not limited to, the City's building, zoning and health regulations;
3. 
The applicant, if an individual, or any of the stockholders holding more than ten percent (10%) of the stock of the corporation, any of the officers and directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership and the manager or other person principally in charge of the operation of the business have been convicted of any crime which would make any person ineligible to receive a permit hereunder;
4. 
The applicant has knowingly made any false, misleading or fraudulent statement of fact in the permit application or in any document required by the City in conjunction therewith;
5. 
The applicant has had a massage establishment, bathhouse, body painting studio or modeling studio as defined herein or other similar permit or license denied, revoked or suspended for any of the above causes by the City or any other State or local agency within five (5) years prior to the date of the application;
6. 
The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, and the manager or other person principally in charge of the operation of the business is not over the age of eighteen (18) years; and
7. 
The manager or other person principally in charge of the operation of the business would be ineligible to receive a permit under the provisions of this Chapter.
B. 
Any permit issued under the provisions of this Chapter shall at all times be displayed by the permittee in an open and conspicuous place on the premises where the permitted business is conducted.
[Ord. No. 575 §1(IX), 3-21-1977]
A. 
The Police Commissioner or Chief of Police shall issue an employee permit within ten (10) days following application unless he/she finds that:
1. 
The applicant for the employee permit has been convicted of
a. 
A felony,
b. 
An offense involving sexual misconduct with children,
c. 
Obscenity, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution or pandering.
2. 
The applicant has knowingly made any false, misleading or fraudulent statement of fact in the permit application or in any document required by the City in conjunction therewith.
3. 
The correct permit fee has not been paid to the City.
4. 
In the case of a masseur or masseuse, that the applicant has not successfully completed a resident course of study or learning from a recognized school as required under the provisions of this Chapter.
[Ord. No. 575 §1(X), 3-21-1977]
A. 
Any permit issued for a massage establishment, bathhouse, modeling studio, body painting studio, escort service or bureau or dating service or bureau may be revoked or suspended by the Governing Body where it is found that any of the provisions of this Chapter are violated or where the permitted or any employee of the permittee, including a masseur or masseuse, has been convicted of any offense described in this Chapter, or where the permittee or licensee refuses to permit any duly authorized Police Officer or Health Inspector of the City to inspect the premises or the operations therein.
B. 
The Governing Body, before revoking or suspending any permit, shall give the permittee at least ten (10) days' written notice of the charges against him/her and the opportunity for a public hearing before the Governing Body, at which time the permittee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing.
[Ord. No. 575 §1(XI), 3-21-1977]
A. 
An employee permit issued by the Police Commissioner or Chief of Police shall be revoked or suspended after a public hearing before the Police Commissioner or Chief of Police or his/her designated representative where it appears that the employee has been convicted of any offense enumerated in this Chapter.
B. 
The Police Commissioner or Chief of Police, before revoking or suspending any employee permit, shall give the employee at least ten (10) days' written notice of the examination into his/her conviction record and the opportunity for a public hearing before the Police Commissioner or Chief of Police or his/her designated representative, at which hearing the relevant facts regarding the occurrence of the conviction shall be determined.
[Ord. No. 575 §1(XII), 3-21-1977]
A. 
No permit to conduct a massage establishment, bathhouse, modeling studio or body painting studio shall be issued unless an inspection by the Health Officer or his/her authorized representative reveals that the establishment complies with each of the following minimum requirements:
1. 
The walls shall be clean and painted with washable, mold-resistant paint in all rooms where water or steam baths are given. Floors shall be free from any accumulation of dust, dirt or refuse. All equipment used in the business' operation shall be maintained in a clean and sanitary condition. Towels, linen and items for personal use of operators and patrons shall be clean and freshly laundered. Towels, cloths and sheets shall not be used for more than one (1) patron. Heavy white paper may be substituted for sheets provided that such paper is changed for every patron. No service or practice shall be carried on within any cubicle, room, booth or any area within any permitted establishment which is fitted with a door capable of being locked.
2. 
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 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.
3. 
Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels.
B. 
The Health Officer shall certify that the proposed business establishment complies with all of the requirements of this Section and shall give or send such certification to the Board of Aldermen. Provided however, that nothing contained herein shall be construed to eliminate other requirements of Statute or ordinance concerning the maintenance of premises nor to preclude authorized inspection thereof.
[Ord. No. 575 §1(XIII), 3-21-1977]
The Police Department and the Department of Health and Sanitation may from time to time make an inspection of each permitted establishment in this City for the purposes 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 immediate access to the premises or to hinder such officer in any manner. Provided however, that any failure on the part of any permittee or employee to grant immediate access to such inspector shall be grounds for the revocation or suspension of any business or employee permit.
[Ord. No. 575 §1(XIV), 3-21-1977]
A. 
The operation of any bathhouse, massage establishment, modeling studio or body painting studio shall be subject to the following regulations:
1. 
Hours. Such business shall be closed and operations shall cease between the hours of 12:00 Midnight and 6:00 A.M. each day.
2. 
Separation of sexes. It shall be unlawful for customers of opposite sex to receive treatment in the same room or the same quarters at the same time.
3. 
Danger to safety, health. No service shall be given which is clearly dangerous or harmful in the opinion of the Health Officer to the safety or health of any person and after such notice in writing to the licensee from such officer.
4. 
Alcoholic beverages. No alcoholic beverages or cereal malt beverages, nor the consumption thereof, shall be allowed, permitted or suffered to be done in or upon any premises permitted under the provisions of this Chapter.
5. 
Conduct of premises. All operators permitted under the provisions of this Chapter shall at all times be responsible for the conduct of business on their permitted premises and for any act or conduct of his/her or any of his/her employees which constitutes a violation of the provisions of this Chapter. Any violation of the City, State or Federal laws committed on the permitted premises by any such permittee or employee affecting the eligibility or suitability of such person to hold a license or permit may be grounds for suspension or revocation of same.
6. 
Every portion of a permitted establishment, including appliances and personnel, shall be kept clean and operated in a sanitary condition.
7. 
All employees shall be clean and wear clean outer garments which use is restricted to the permitted 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.
8. 
All employees, masseurs and masseuses must be modestly attired. Flimsy, transparent, form-fitting or tight clothing is prohibited. Clothing must cover the employees', masseurs' or masseuses' chests at all times.
9. 
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.
10. 
All permitted establishments, when applicable, shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in an approved, sanitary manner.
11. 
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.
[Ord. No. 575 §1(XV), 3-21-1977]
A permittee shall have the premises supervised at all times when open for business. (Any business rendering massage services shall have one (1) person who qualifies as a masseur or masseuse on the premises at all times while the establishment is open.) The permittee shall personally supervise the business and shall not violate or permit others to violate any applicable provision of this Chapter. The violation of any such provision by any agent or employee of the permittee shall constitute a violation by the permittee.
[Ord. No. 575 §1(XVI), 3-21-1977]
No person shall permit any person under the age of eighteen (18) years old to come or remain on the premises of any permitted business establishment as masseur, employee or patron. But such person under the age of eighteen (18) years may come on the premises for other lawful business.
[Ord. No. 575 §1(XVII), 3-21-1977]
No 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 this Chapter or that employees, masseurs or masseuses are dressed in any manner other than described in this Chapter nor shall any establishment indicate in the text of such advertising that any service is available other than those services described in this Chapter.
[Ord. No. 575 §1(XVIII), 3-21-1977]
A. 
Massage business, bathhouse, modeling studio, body painting studio, escort service or bureau, dating service or employee permits are not transferable and such authority as a permit confers shall be conferred only on the permittee name therein.
B. 
Any applications made, fees paid and permits obtained under the provisions of this Chapter shall be in addition to and not in lieu of any other fees, permits or licenses required to be paid or obtained under any other ordinances of this City.
[Ord. No. 575 §1(XIX), 3-21-1977]
The provisions of this Chapter shall not apply to hospitals, nursing homes, sanitariums or persons holding an unrevoked certificate to practice the healing arts under the laws of this State or person working under the direction of any such persons or in any such establishment, nor shall this Chapter apply to barbers or cosmetologists lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by this State.
[Ord. No. 575 §1(XX), 3-21-1977]
The Board of Aldermen through the Police Department or the Health Officer may make and enforce reasonable rules and regulations not in conflict with, but to carry out the intent of this Chapter.
[Ord. No. 575 §1(XXI), 3-21-1977]
All business or activity provided for under this Chapter shall be conducted and performed on the respective premises; provided however, that bathhouse or massage shop permittees or employees at the written direction of a duly licensed physician may perform their services in behalf of physically incapacitated patients in such patients' home, residence or other designated place, or such permittee or employee may render such treatment to persons who are bedfast or are so physically incapacitated that it is impractical to provide same to such persons at a permitted location and provided such written direction is filed with the Police Department prior to rendering such service.
[Ord. No. 575 §1(XXII), 3-21-1977]
Any person, firm, partnership, association or corporation convicted of violating any of the provisions of this Chapter shall be deemed guilty of a public offense and subject to the general penalty provisions as follows: confined for a period of not less than fifteen (15) days nor more than six (6) months or fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by both such fine and sentence.
[Ord. No. 575 §1(XXIV), 3-21-1977]
The reference herein to Police Commissioner or Chief of Police shall include Acting Marshall, Acting Chief of Police, Director of Police or any other title indicating the individual in charge of the operation of the Oak Grove, Missouri, Police Department.