[Ord. No. 5673, § 1, 3-7-1974; Ord. No. 8466, § 1, 11-16-1995]
It is hereby declared that the business of operating massage
parlors and establishments, as defined herein, is a business affecting
the public health, safety and general welfare.
[Ord. No. 8466, § 1, 11-16-1995[1]]
As used in this division, the following words, terms and phrases
shall have the meaning ascribed to them in this section, unless the
context clearly indicates otherwise:
Any person who applies for a license as required herein.
If the applicant is a partnership, each partner shall be deemed an
applicant. If the applicant is a corporation or other firm, association,
or company, the owner of a majority of such entity shall be deemed
an applicant.
The Board of Therapeutic Massage.
A practitioner who is qualified for license in this state
pursuant to this Division 1 and Sections 324.240 to 324.275, RSMo.
and who has practiced professionally for five years, with an average
of 450 hours per year of teaching and massage hours and who has been
approved by the Board as a massage therapy instructor.
The Director of the Division of Professional Registration.
The Division of Professional Registration.
Any person, other than a massage therapist who renders any
service to a patron in connection with the operation of a massage
parlor and who receives compensation directly or indirectly from the
operation or owner of the massage parlor or its patrons.
Any place of business in which massage therapy is practiced.
A health care practitioner who provides or offers to provide
massage therapy, as provided in this Division 1 and Sections 324.240
to 324.275, 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 who holds a current, valid license
to practice 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.
An individual who possesses teaching credentials satisfactory
to the Board for the purpose of teaching massage therapy.
The person to whom a permit has been issued to act in the
capacity of a massage therapist.
An individual, corporation, association or other legal entity.
Genitals, pubic area, buttocks, anus, or perineum of any
person, or the vulva or breasts of a female.
[Ord. No. 8466, § 1, 11-16-1995]
No license to conduct a massage establishment shall be issued
unless an inspection by the Building Commissioner or designee reveals
that the establishment complies with each of the following minimum
requirements:
(1)
Disinfecting and sterilizing equipment. The premises shall have adequate
equipment for disinfecting and sterilizing nondisposable instruments
and materials used in administering massages. Such nondisposable instruments
and materials shall be disinfected after use on each patron.
(2)
Closed storage areas. Closed cabinets shall be provided and used
for the storage of clean linen, towels and other materials used in
connection with administering massages. All soiled linens, towels
and other materials shall be kept in properly covered containers or
cabinets, which containers or cabinets shall be kept separate from
the clean storage areas.
(3)
Linen and towels. Clean linen and towels shall be provided for each
patron. No common use of towels or linens shall be permitted.
(4)
Dressing, locker, bathing and toilet facilities. Adequate dressing,
locker, bathing, if any, and toilet facilities shall be provided in
convenient locations. In the event female patrons are to be served
simultaneously, separate dressing, locker, bathing, if any, toilet
and massage room facilities shall be provided. Separate toilet and
lavatory facilities shall be maintained for personnel. Doors to all
dressing rooms shall be self closing.
(5)
Lavatories or washbasins. Lavatories or washbasins provided with
both hot and cold running water shall be installed in either the toilet
room or a vestibule. Lavatories or washbasins shall be provided with
soap and a dispenser and with sanitary towels.
(6)
Plumbing and electrical equipment. All plumbing and electrical equipment
shall be installed in accordance with the requirements of the applicable
plumbing code and electrical code.
(7)
Facilities. All walls, ceilings, floors, showers, bathtubs, steam
rooms and all other physical facilities shall be in good repair and
maintained in a clean and sanitary condition. Wet and dry heat rooms,
steam or vapor rooms, or steam or vapor cabinets, shower compartments
and toilet rooms shall be thoroughly cleaned each day the business
is in operation. Bathtubs and showers shall be thoroughly cleaned
after each use. When carpeting is used on the floors, it shall be
kept dry.
[Ord. No. 8466, § 1, 11-16-1995]
(a)
Sanitation. Every portion of the massage establishment, including
appliances and apparatus, shall be kept clean and operated in a sanitary
condition.
(b)
Posting of rates. Price rates for all services shall be prominently
posted in the reception area in a location available to all prospective
customers.
(c)
Cleanliness of employees; dressing rooms. All employees, including
massage therapists, shall be clean and wear clean, nontransparent
outer garments, covering the sexual and genital areas, whose use is
restricted to the massage establishment. 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.
(d)
Clean sheets and towels. 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 a sanitary
manner.
(e)
False or misleading advertising. No massage establishment granted
a license under the provisions of this chapter shall place, publish
or distribute or cause to be placed, published or distributed any
advertisement, picture or statement which is known or through the
exercise of reasonable care should be known to be false, deceptive
or misleading in order to induce any person to purchase or utilize
any professional massage services.
[Ord. No. 8466, § 1, 11-16-1995]
No person shall sell, give, dispense, provide or keep, or cause
to be sold, given, dispensed, provided or kept, any alcoholic beverage
on the premises of any massage establishment.
[Ord. No. 8466, § 1, 11-16-1995]
No person shall employ as a massage therapist any person unless
the person has obtained and has in effect a permit issued pursuant
to this article.
[Ord. No. 8466, § 1, 11-16-1995]
The Building Commissioner or designee and the Chief of Police
or authorized representative shall from time to time make inspection
of each massage establishment for the purpose of determining full
compliance with the provisions of this article. It shall be unlawful
for any licensee to fail to allow such persons access to the premises
or hinder such persons in any manner.
[Ord. No. 8466, § 1, 11-16-1995]
(a)
It shall be unlawful for any person in a massage establishment to
touch with his or her hands or other part of the body, to fondle or
massage in any manner the sexual or genital areas of any other person.
(b)
It shall be unlawful for any person while in the presence of any
other person in a massage establishment to fail to conceal with a
fully opaque covering the sexual or genital areas of his or her body.
(c)
It shall be unlawful for any person to engage in outcall massage
service.
[Ord. No. 8466, § 1, 11-16-1995]
Applicants for a massage therapist permit may substitute one
year's continuous experience as a massage therapist in lieu of the
requirement of a diploma or certificate of graduation from a recognized
school or other institution of learning wherein the method and work
of massage is taught. Such massage therapist must obtain an affidavit
attesting that such experience occurred. If after diligent effort
the massage therapist is unable to obtain an affidavit from the owner,
such massage therapist may submit an affidavit from a person who had
firsthand knowledge of his or her continuous year of experience.
[Ord. No. 8466, § 1, 11-16-1995]
(a)
It shall be unlawful for any person to establish, maintain or conduct
any massage business within the City unless such person has made application
for and secured a license to do so from the City.
(b)
Any person desiring a license pursuant to this article shall submit an application to the Director of Finance along with a nonrefundable application fee in an amount set by the Council by resolution from time to time, in addition to the license fees required under § 13-34. Each application shall include the following information:[1]
(1)
The name and residence address of each applicant; and if the
applicant is a partnership or corporation, then the names and residence
addresses of all partners and principals;
(2)
The location and mailing address of the proposed business;
(3)
A statement of the services and facilities to be provided;
(4)
Satisfactory proof that the applicant is at least 18 years of
age;
(5)
Two current portrait photographs (taken within six months of
application) at least two inches by two inches of each applicant;
(6)
The business, occupation and employment of the applicant for
the three years immediately preceding the date of application;
(7)
All criminal convictions other than misdemeanor traffic violations;
(8)
The qualifications, training and experience of the applicant,
including documentation evidencing any course, study or experience
of applicant in performing massages, and the history of applicant
in connection with such business, including names of employers and
associates, locations and dates;
(9)
A list of all massage therapists who work at the massage business, including the information specified in § 13-96 of this Code.
(10)
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.
[Ord. No. 8466, § 1, 11-16-1995]
The application under this article shall be referred to the
Building Commissioner or designee and the Police Department for investigation,
including inspection of the proposed premises, and a report of the
character and qualifications of the applicant.
[Ord. No. 8466, § 1, 11-16-1995]
The Director of Finance shall issue a license for a massage
establishment upon satisfaction of the conditions and requirements
set forth in this article, including confirmation of the following:
(2)
The premises and location of the proposed massage establishment would
not be in violation of any City codes pertaining to building, health,
housing, zoning and fire as certified by the Fire Chief and Building
Official;
(3)
The applicant has not been convicted of a criminal act which constitutes
either a felony, an offense involving obscenity or prostitution, or
an offense involving immoral conduct;
(4)
The applicant has not made any false, fraudulent or misleading statements
in the license application;
(5)
The applicant is at least 18 years of age;
(6)
The applicant has satisfactorily completed a course of training in
a recognized school, or in the alternative has equivalent on-the-job
training and experience;
(7)
The applicant has not had a massage parlor, massage business or other
similar license revoked by the City or any other governmental entity
anywhere within two years of the present application.
[Ord. No. 8466, § 1, 11-16-1995]
Any massage establishment license may be suspended or revoked
by the Director of Finance for the violation of any of the provisions
of this article or for any act or conduct which would be sufficient
cause for the denial of a license upon an original application. Before
any such suspension or revocation, the licensee shall be given at
least five days' written notice of the specific charges and an opportunity
for a hearing and presentation of evidence bearing upon the question
before the Director of Finance.
[Ord. No. 8466, § 1, 11-16-1995]
No license shall be transferable except with the written consent
of the City; provided, however, that upon the death or incapacity
of the licensee, the massage establishment may continue in business
for a reasonable period of time to allow for an orderly transfer of
the license.
[Ord. No. 8466, § 1, 11-16-1995]
(a)
It shall be unlawful for any person to practice massage unless a
valid permit has been issued by the City pursuant to the provisions
herein.
(b)
Prior to employing any person as a massage therapist, an application
for a permit shall be made to the Director of Finance. Each application
shall include information as follows:
(1)
The name and residence address of the applicant;
(2)
The social security number of the applicant;
(3)
Satisfactory proof that the applicant is at least 18 years of
age;
(4)
Two current portrait photographs (taken within six months of
application) at least two inches by two inches, and a complete set
of fingerprints taken by the Police Department;
(5)
The business, occupation and employment of the applicant for
the three years immediately preceding the date of application;
(6)
All criminal convictions other than misdemeanor traffic violations;
(7)
The training and experience of the applicant in the massage
business and the history of applicant in connection with such business,
including names of employers and associates, locations and dates;
(8)
Authorization to the City to seek information and conduct an
investigation concerning the matters set forth in the application
and the qualifications of the applicant for the permit;
(9)
The applicant for a massage therapist permit shall furnish to
the City a recent certificate by a licensed physician stating that,
upon examination, the applicant is free of communicable disease, and
thereafter such a certificate shall be furnished semiannually as a
condition to the continuation of the permit.
(d)
The application for a permit shall be referred to the Police Department
for investigation and a report of the character and qualifications
of the applicant.
(e)
The Director of Finance shall within 30 days issue a permit for a
massage therapist upon approval by the license inspector and compliance
with all appropriate provisions of this chapter, and upon the findings,
as follows:
(1)
The applicant has not been convicted of a criminal act which
constitutes either a felony, an offense involving sexual misconduct,
an offense involving obscenity or prostitution, or an offense involving
immoral conduct;
(2)
The applicant has not made any false, fraudulent or misleading
statements in the permit application;
(3)
The applicant is at least 18 years of age;
(4)
The applicant has satisfactorily completed a course of training
in a recognized school, or in the alternative has equivalent on-the-job
training and experience.
[Ord. No. 8466, § 1, 11-16-1995]
Any massage therapist permit may be suspended or revoked by
the Director of Finance for the violation of the provisions of this
chapter or for any act or conduct which would be sufficient cause
for the denial of a permit upon an original application. Before any
such suspension or revocation, the permittee shall be given at least
five days' written notice of the specific charges and an opportunity
for public hearing and presentation of evidence bearing upon the question.
