City of Hollister, MO Chapter 615 Massage Establishment

Section 615.010 Purpose.

[Ord. No. 16-05, 1-21-2016[1]]

It is hereby declared that the business of operating massage establishment or as a massage therapist as defined herein is a business affecting the public health, safety, and general welfare.

[1] Editor's Note: Former Chapter 615, Massage Parlors, containing Sections 615.010 through 615.220 was repealed 1-21-2016 by Ord. No. 16-05.

Section 615.020 Definitions.

[Ord. No. 16-05, 1-21-2016]

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

EMPLOYEE

Any and all persons, other than the massage therapist, who render any service to the permittee, and who receives compensation directly from the permittee, and who have no physical contact with customers and clients.

MASSAGE

Any methods of pressure on or friction against or striking, 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, liniment, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.

MASSAGE ESTABLISHMENT

Any place or facility where the massage is performed.

MASSAGE THERAPIST

A health care practitioner who provides or offers to provide massage therapy, as provided in Chapter 324, 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 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.

OPERATOR

A person who practices as a massage therapist.

PERSON

Any individual, firm, owner or operator of a massage establishment.

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 course of study of at least five hundred (500) clock hours of supervised instruction and which school has been recognized and approved by the State of Missouri.

Section 615.025 License Required.

[Ord. No. 16-05, 1-21-2016]

It shall be unlawful for any person, firm, or corporation owning, controlling or leasing, acting as agent for, conducting, managing or operating any massage establishment without first applying for and receiving a license from the City Clerk.

Section 615.030 Health Permit Required.

[Ord. No. 16-05, 1-21-2016]

A. Application. Any person desiring a massage health permit shall make written application for a permit on forms provided by the City Clerk.

B. Issuance. After receipt of an application for a massage therapist health permit, the Health Department shall inspect the proposed massage establishment to determine compliance with the provisions of this Chapter. If applicable requirements of this Chapter have been met, the Health Department shall issue a massage health permit.

Section 615.035 Massage Establishment Health Permit Fee.

[Ord. No. 16-05, 1-21-2016; Ord. No. 16-38, 1-5-2017]

A. The annual permit fee for massage establishment shall be based on assessed risk priority and inspection frequency.

B. The following fees shall apply:

1. Massage Establishment:

a. Health inspection (two (2) inspections per year): one hundred dollars ($100.00).

2. Pre-opening inspection (completed before the business opens for the first time).

a. Pre-opening inspection: one hundred dollars ($100.00).

Section 615.040 Terms Of Permit.

[Ord. No. 16-05, 1-21-2016]

Licenses and permits for a massage establishment under the provisions of this Chapter may be granted at any time during the year, but all licenses and permits issued herein under shall expire on the 30th day of June. Licenses shall not be transferable from one (1) person to another or from one (1) location to another.

Section 615.045 Posting Of Licenses And Permits.

[Ord. No. 16-05, 1-21-2016]

All licenses and permits shall be posted at all times in a visible location in the establishment.

Section 615.050 Massage Establishment Regulations.

[Ord. No. 16-05, 1-21-2016]

A. Compliance. Any person maintaining, conducting, operating or managing any massage establishment must comply with the following regulations.

B. General Regulations.

1. Age: No massage therapy may be administered by any person less than twenty-one (21) years of age. No massage therapy may be administered to any person less than eighteen (18) years of age without the written consent from the legal guardian.

a. The consent form must be provided from the facility providing the service and keep on file for three (3) years.

2. An operator shall practice within the scope of their education and training and shall not misrepresent professional qualifications relating to licensure, education, experience or areas of competence.

3. An operation shall conduct business with honesty and integrity.

4. Maintain professional liability insurance.

5. Advertise massage therapy services or instruction that is accurate and free of deception, sexual suggestiveness, or explicit sexuality.

6. When providing massage therapy the operator shall not dress or behave in a provocative manner.

7. Prior to treatment, disclosure of the fee schedule, to include gratuitous services or discounts in connection with massage therapy services, clearly and conspicuously disclose whether additional charges may be incurred for related services and the cost of such related services.

8. Shall not engage in any verbally or physically abusive behavior with a client.

9. Shall not engage in sexual conduct with a client(s) during a massage session.

10. Shall not exercise influence within a licensee-client relationship for the purpose of engaging a client in sexual activity during a massage session.

11. Shall not take unfair advantage of the client for financial gain.

12. Shall not massage the genitals.

13. Shall not massage the breast unless ordered by a physician prescription or by documented clinical indication. Such documentation shall be included in the client's record and the massage shall be performed by a licensee that is certified or has advanced training in techniques related to therapeutic treatment of mammary tissue.

14. An operator prior to providing massage therapy shall document or update client information. (refer to 20 CSR 2197-3.010)

C. Premises.

1. Premises and equipment must be maintained in a sanitary matter. This includes physical cleanliness as well as antiseptic precautions.

2. Provide privacy for the client while the client is dressing, undressing, and during the massage.

3. Provide appropriate draping during treatment which includes draping at the gluteal cleft and genitals on males and females and the breast on females.

4. Modify or terminate treatment at the client's request regardless of prior consent.

5. Utilize universal precautions at all times as defined in 20 CSR 2197-1.010(4). This includes hand washing with an antibacterial agent before and after each client and not knowingly exposing clients to contagious diseases.

6. All massage chairs/tables shall have adequate space to allow proper body mechanics and to minimize the spread of infection between tables/chairs.

D. Equipment. Maintain all equipment used to perform massage therapy services in a safe and sanitary condition, which shall include but is not be limited to:

1. Covering any massage or steam equipment with a single service material that does not have an impervious barrier;

2. Repairing all cuts and nicks in upholstery;

3. Cleansing all equipment coming in contact with a client with an antibacterial agent between each client usage. Such equipment shall include hydrotherapy equipment, combs, brushes, shower caps, showers, tubs, and basins;

4. Checking all equipment for the presence of any liquid, oil and/or body fluid and clean with an antibacterial agent prior to and between each client usage;

5. Cleaning all face cradles, arm rests on all massage chairs and tables with an antibacterial agent between each client regardless of whether or not a single service material was used;

6. Using ice cubes only once and then disposing of properly;

7. Cleaning after each use and maintain all cold and hot pack equipment;

8. Storing and dispensing massage therapy lubricants from suitable containers that are sanitized to preserve the integrity of the lubricant and to prevent contamination;

9. Keeping multiple use containers such as pump bottles and tubes free of debris, cleaning with antibacterial agent between each client use, and refill containers in a sanitary manner;

10. Storing all single service materials and linens in closed or covered shelves, containers, cabinets or closets;

11. Using clean single service materials such as sheets, towels, gowns and pillowcases for each client;

12. Professionally laundering or washing all soiled, single service materials and drapes as instructed from the product label instructions; (refer to 20 CSR 2197-3.010).

13. Storing all dirty or soiled, single service materials, trash, or refuse in a closed container, closed shelves, cabinets, or closets and separate from clean, single service materials.

E. All new massage establishments shall obtain a Conditional Use Permit approval from the Planning and Zoning Commission and the Board of Aldermen.

F. Failure to comply with the above rules and conditions may result in revocation of the Conditional Use Permit and license to operate. Such revocation shall be at the discretion of the Health Officer and the Board of Aldermen.

Section 615.055 Violation And Penalty.

[Ord. No. 16-05, 1-21-2016]

Any person, firm or corporation who shall violate any of the provisions of this Chapter or fail to comply with any order or regulation made thereunder shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).