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.
When used in this Chapter, the following words shall have the
meanings herein indicated:
The occupation of maintaining and operating for compensation
any services of baths of all kinds, including all forms and methods
of hydrotherapy.
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.
The occupation of providing a companion, escort or date for
a fee.
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.
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.
Any person who, for any consideration whatsoever, engages
in the practice of massage as herein defined.
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.
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.
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.
[1]
Editor's Note: Ord. No. 1958 removed body painting studios
throughout this Chapter, by implication the title of this Chapter
has been revised to also remove body painting studios.
[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, 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, 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.
[Ord. No. 1958, 11-18-2019]
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:
[Ord. No. 1958, 11-18-2019]
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, 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, or modeling 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, 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.
[Ord. No. 1958, 11-18-2019]
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,
escort service or bureau, dating service or bureau, unless the Governing
Body finds that:
[Ord. No. 1958, 11-18-2019]
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, 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:
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,
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.
[Ord. No. 1958, 11-18-2019]
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, or modeling
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:
[Ord. No. 1958, 11-18-2019]
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; Ord.
No. 1958, 11-18-2019]
A.
The
operation of any bathhouse, massage establishment, or modeling 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, 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.
[Ord. No. 1958, 11-18-2019]
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.
