State Law Reference — Power to regulate and license, §94.270, RSMo.
[R.O. 2009 §12-101; Ord. No. 337 §3, 10-12-1976]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the content clearly indicates a different meaning.
- Any and all persons, other than the masseurs or masseuses, who render any service to the permittee, who receive compensation directly from the permittee and who have no physical contact with the customers and clients.
- 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 hand or any other part of the human body 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 fixed place of business where any person, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any massage.
- MASSEUR or MASSEUSE
- Any person who, for any consideration whatsoever, engages in the practice of massage as herein defined.
- 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 and which school has been recognized and approved by the State of Missouri.
[R.O. 2009 §12-102; Ord. No. 337 §4, 10-12-1976]
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 as herein defined without first having obtained a permit from the Board of Aldermen.
[R.O. 2009 §12-107; Ord. No. 337 §5, 10-12-1976]
Every application for a permit to maintain, operate or conduct a massage establishment shall be filed with the City Clerk and the applicant shall pay an annual filing fee of seven hundred fifty dollars ($750.00) which shall not be refundable.
[R.O. 2009 §12-108; Ord. No. 337 §6, 10-12-1976]
The application for a permit to operate a massage establishment shall set forth the exact nature of the massage to be administered, the proposed place of business and facilities therein and the name and address of each applicant.
In addition to the foregoing, any applicant for a permit shall furnish the following information:
Written proof that the applicant is at least eighteen (18) years of age;
Two (2) portrait photographs at least two (2) inches by two (2) inches and fingerprints;
Business, occupation or employment of the applicant for the three (3) years immediately preceding the date of application;
The massage or similar 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;
Any criminal convictions, except minor traffic violation; and
The percentage of ownership of the applicant in the firm, corporation, partnership or association which will be conducting the massage establishment together with the name and address of the other persons having an interest in the partnership, association, firm or corporation.
[R.O. 2009 §12-109; Ord. No. 337 §9, 10-12-1976]
When an application is filed for a massage establishment permit, the Board of Aldermen shall fix a time and a place for a public hearing where applicant may present evidence upon the question of his/her application. Not less than ten (10) days before the date of such hearing, the City Clerk shall cause to be posted a notice of such hearing in a conspicuous place on the property in which or on which the proposed massage establishment is to be operated. The applicant shall maintain the notice as posted for the required number of days.
[R.O. 2009 §12-110; Ord. No. 337 §10, 10-12-1976]
The Board of Aldermen may issue a permit within thirty-one (31) days following a hearing if all requirements for a massage establishment described in this Chapter are met and may issue a permit to all persons who apply to perform massage services unless it finds:
The operation as proposed by the applicant if permitted would not have complied with all applicable laws including, but not limited to, the building, health, planning, housing, zoning and fire codes of the City;
The applicant and any other person who will be directly engaged in the management and operation of a massage establishment has been convicted of:
The Board of Aldermen at their discretion may issue a permit to any person convicted of any of the crimes above if it finds that such conviction occurred at least five (5) years prior to the date of the application and the applicant has had no subsequent convictions.
[R.O. 2009 §12-111; Ord. No. 337 §12, 10-12-1976]
Any permit issued for a massage establishment may be revoked or suspended by the Board of Aldermen after a public hearing before the Board of Aldermen where it is found that any of the provisions of this Chapter are violated or where the permittee or any employee of the permittee, including a masseur or masseuse, has been convicted of any violation of this Chapter and the permittee has actual or constructive knowledge of the violation or conviction or in any case where the permittee or licensee refuses to permit any duly authorized Police Officer or Building Commissioner of the City to inspect the premises or the operation therein.
The Board of Aldermen 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 Board of Aldermen, at which time the permittee may present evidence bearing upon the question. In such cases, the charges shall be specified and in writing.
[R.O. 2009 §12-112; Ord. No. 337 §14, 10-12-1976]
No permit to conduct a massage establishment shall be issued unless an inspection by the Building Commissioner or his/her authorized representative reveals that the establishment meets with each of the following minimum requirements:
The premises to be used as a massage establishment must be located more than five hundred (500) feet from the building line of any single-family or multi-family dwelling unit and the applicant must secure the written consent to their issuance of a massage establishment of two-thirds (⅔) of the business establishments located within one thousand (1,000) feet of the proposed massage establishment before the issuance of a permit will be considered.
Construction of rooms used for toilets, steam baths and showers shall be waterproof with approved waterproof material.
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.
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.
The Building Commissioner shall certify that the proposed massage establishment complies with all of the requirements of this Section of the Chapter and shall give or send such certification to the Board of Aldermen.
[R.O. 2009 §12-113; Ord. No. 337 §15, 10-12-1976]
Every portion of a massage establishment, including appliances, apparatus and personnel, shall be kept clean and operated in a sanitary condition.
All employees shall be clean and wear clean outer garments whose use is restricted to the massage establishment. Provisions for a separate dressing room for each sex must be available on the premise with individual lockers for each employee. Doors for such dressing rooms shall open inward and shall be self-closing.
All employees, masseurs and masseuses must be modestly attired. Diaphanous, flimsy, transparent, form fitting or tight clothing is prohibited. Clothing must cover the employees, masseurs or masseuses chests at all times. Hemlines of skirts, dresses or other such attire may be no higher than the top of the knee.
The private parts of patrons must be covered by towels, cloth or undergarments when in the presence of an employee, masseur or masseuse. Any contact with a patrons genital area is strictly prohibited.
All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in approved, sanitary manner.
Wet and dry heat rooms, shower compartments and toilet rooms shall be thoroughly cleaned each day that the business is in operation. Bathtubs shall be thoroughly cleaned after each use.
No massage 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 Section 615.010, or that employees, masseurs or masseuses are dressed in any manner other than described in Subsection (C) of this Section, nor shall any massage establishment indicate in the text of such advertising that any service is available other than those services described in Section 615.010.
No service enumerated in Section 615.010 may be carried on in any cubicle, room, booth or area except where such cubicle, room, booth or area has transparent doors or walls, such that all activity within the cubicle, room, booth or area is visible from outside the same.
A massage establishment shall not carry on, engage in or conduct business on Sunday and on other days shall not carry on, engage in or conduct business before 8:00 A.M. or after 1:30 A.M.
[R.O. 2009 §12-114; Ord. No. 337 §16, 10-12-1976]
Every person who engages in or conducts a massage establishment shall keep a daily register, approved as to form by the Police Department of all patrons with names, addresses and hours of arrival and, if applicable, the rooms or cubicles assigned and the masseuse or masseur performing the massage. The daily register shall at all times during business hours be subject to inspection by the Police Department and shall be kept on file for one (1) year.
[R.O. 2009 §12-115; Ord. No. 337 §17, 10-12-1976]
The Police Department and the Building Commissioner shall from time to time and at least twice a year make an inspection of each massage establishment 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 access to the premises or to hinder such officer in any manner.
[R.O. 2009 §12-116; Ord. No. 337 §18, 10-12-1976]
No permit shall be transferable except with the written consent of the Board of Aldermen except that upon the death or incapacity of the permittee, the massage establishment may continue in business for a period of thirty-one (31) days to allow for an orderly transition.
[R.O. 2009 §12-117; Ord. No. 337 §19, 10-12-1976]
Holders of any outstanding massage establishment permits heretofore issued under any provision of law are required to comply with all provisions of this Chapter.