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.
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.
Any person who, for any consideration whatsoever, engages
in the practice of massage as herein defined.
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]
A.
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.
B.
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
of age;
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 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;
5.
Any criminal convictions, except minor traffic violation; and
6.
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]
A.
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:
1.
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;
2.
The applicant and any other person who will be directly engaged in
the management and operation of a massage establishment has been convicted
of:
B.
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]
A.
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.
B.
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]
A.
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:
1.
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.
2.
Construction of rooms used for toilets, steam baths and showers shall
be waterproof with approved waterproof material.
3.
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.
4.
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
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]
A.
Every
portion of a massage establishment, including appliances, apparatus
and personnel, shall be kept clean and operated in a sanitary condition.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
