City of Malden, MO
Dunklin County
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Table of Contents
Table of Contents
[R.O. 1993 § 640.010; Ord. No. 2559 § 1, 6-13-1994]
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 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.
MASSAGE
Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulation of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or applied 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 of the activities mentioned in the definition of "massage" as defined above.
MASSEUR or MASSEUSE
Any person who, for any consideration whatsoever, engages in the practice of massage as herein defined.
PERSON
Any individual, co-partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
RECOGNIZED SCHOOL
Any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of massage.
[R.O. 1993 § 640.020; Ord. No. 2559 § 2, 6-13-1994]
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 of Malden, the operation of a massage establishment as herein defined, without first having obtained a permit from the City Clerk after approval by the City Council.
[R.O. 1993 § 640.030; Ord. No. 2559 § 3, 6-13-1994]
Every applicant for a permit to maintain, operate or conduct a massage establishment shall file an application with the City Council and pay a filing fee of fifty dollars ($50.00) which shall not be refundable.
[R.O. 1993 § 640.040; Ord. No. 2559 § 4, 6-13-1994]
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 there, 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, 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.
[R.O. 1993 § 640.050; Ord. No. 2559 § 5, 6-13-1994]
Any person, including an applicant for a massage establishment permit, who engages in the practice of massage as herein defined, shall file an application for a masseur or masseuse permit with the City Council upon a form provided by said City Council and shall pay a filing fee of twenty-five dollars ($25.00) which shall not be refundable.
[R.O. 1993 § 640.060; Ord. No. 2559 § 6, 6-13-1994]
A. 
The application for a masseur or masseuse permit shall contain the following:
1. 
Name and residence address.
2. 
Social security number.
3. 
Applicant's weight, height, color of hair and eyes, and fingerprints.
4. 
Written evidence that the applicant is at least eighteen (18) years of age.
5. 
Business, occupation or employment of the applicant for three (3) years immediately preceding the date of the 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 name and address of the recognized school attended and a copy of the diploma or certificate of graduation not less than seventy (70) hours of instruction.
[R.O. 1993 § 640.070; Ord. No. 2559 § 7, 6-13-1994]
Applicants for a masseur or masseuse permit may substitute one (1) year's continuous experience as a masseur or masseuse 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 masseuse is taught. Such masseur or masseuse must obtain an affidavit attesting to such experience from the owner of the establishment where the continuous year of experience occurred. If, after diligent effort, the masseur or masseuse is unable to obtain an affidavit from the owner, such masseur or masseuse may submit an affidavit from a person who has first-hand knowledge of his or her continuous year of experience.
[R.O. 1993 § 640.080; Ord. No. 2559 § 8, 6-13-1994]
When an application is filed for a massage establishment permit under this Chapter, the City Council shall fix a time and place for public hearing where applicant may present evidence upon the question of his application. Not less than ten (10) days before the date of such hearing, the City Council 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 said notice as posted for the required number of days.
[R.O. 1993 § 640.090; Ord. No. 2559 § 9, 6-13-1994]
A. 
The City Council may issue a permit within fourteen (14) days of the hearing provided for in Section 635.080 provided that all requirements for a massage establishment described in this Chapter are met by all persons who apply to perform massage services unless they find:
1. 
The operation as proposed by the applicant or permittee 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 of Malden.
2. 
That the applicant or any other person who will be directly engaged in the management and operation of a massage establishment has been convicted of:
a. 
A felony.
b. 
An offense involving sexual misconduct with children.
c. 
Obscenity, solicitation of a lewd or unlawful act, prostitution, or pandering.
B. 
The City Council, in their discretion, may issue a permit to any person convicted of any of the crimes or offenses in Subsection (A)(2)(a) – (c) herein if they find that such conviction occurred at least three (3) years prior to the date of the application and applicant has had no subsequent convictions.
[R.O. 1993 § 640.100; Ord. No. 2559 § 10, 6-13-1994]
A. 
The City Council may issue a masseur or masseuse permit within twenty-one (21) days following application, unless they find that the applicant for the masseur or masseuse permit has been convicted of:
1. 
A felony.
2. 
An offense involving sexual misconduct with children.
3. 
Obscenity, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution, or pandering.
B. 
The City Council in their discretion, may issue a permit to any person convicted of such crimes or offenses if they find that such conviction occurred at least three (3) years prior to the date of the application and the applicant has had no subsequent convictions.
[R.O. 1993 § 640.110; Ord. No. 2559 § 11, 6-13-1994]
A. 
Any permit issued for a massage establishment may be revoked or suspended by the City Council after a public hearing before the City Council 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 offense found in Section 635.100, Subsection (A)(1) – (3), 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 Health Inspector of the City of Malden to inspect the premises or the operations thereto.
B. 
The City Council before revoking or suspending any permit, shall give the permittee at least ten (10) days' written notice of the charges against him and the opportunity for a public hearing before the City Council at which time the permittee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing.
[R.O. 1993 § 640.120; Ord. No. 2559 § 12, 6-13-1994]
A. 
A masseur or masseuse permit issued by the City Council shall be revoked or suspended after a public hearing before the City Council where it appears that the masseur or masseuse has been convicted of any offense enumerated in Section 635.100 Subsection (A)(1) – (3).
B. 
The City Council before revoking or suspending any masseur or masseuse permit, shall give the masseur or masseuse at least ten (10) days' written notice of the examination into his conviction record and the opportunity for a public hearing before the City Council at which hearing the Manager shall determine the relevant facts regarding the occurrence of the conviction.
[R.O. 1993 § 640.130; Ord. No. 2559 § 13, 6-13-1994]
A. 
No permit to conduct a massage establishment shall be issued unless an inspection by the Building Inspector or his authorized representative reveals that the establishment has each of the following requirements:
1. 
Construction of rooms used for toilets, tubs, steam baths, and showers shall be waterproof with approved waterproof materials.
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 toilet room or a vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels.
B. 
The Building Inspector shall certify that the proposed massage establishment complies with all of the requirements of this Section and shall give or send such certification to the City Council.
[R.O. 1993 § 640.140; Ord. No. 2559 § 14, 6-13-1994]
A. 
Every portion of a massage establishment, including appliances and apparatus 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 premises with individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing.
C. 
All employees, masseurs and masseuses must be moderately attired. Diaphanous, flimsy, transparent, form-fitting or tight clothing is prohibited. Clothing must cover the employee's, masseur's or masseuse's 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, cloths or undergarments when in the presence of an employee, masseur or masseuse. Any contact with a patron's 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 an approved, sanitary manner.
F. 
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 each day the business is in operation.
G. 
Advertising. No massage establishment granted a permit hereunder 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 defined as a "massage" in Section 635.010 hereof, or that employees, masseurs, or masseuses are dressed in any manner other than those 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 defined as a "massage" in Section 635.010 hereof.
H. 
All services defined as a "massage" herein must be carried on in one (1) cubicle, room, booth, or area within the massage establishment. No service defined as a "massage" herein may be carried on in any other 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 6:00 P.M.
[R.O. 1993 § 640.150; Ord. No. 2559 § 15, 6-13-1994]
Every person who engages in or conducts a massage establishment shall keep a daily register, approved as to form by the City Council of all patrons, with names, addresses and hours of arrival and, if applicable, the rooms or cubicles assigned. Said daily register shall at all times during business hours be subject to inspection by the Police Department or Building Inspector and shall be kept on file for one (1) year.
[R.O. 1993 § 640.160; Ord. No. 2559 § 16, 6-13-1994]
The Police Department and the Building Inspector shall, from time to time and at least twice a year, make an inspection of each massage establishment in the City of Malden 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. 1993 § 640.170; Ord. No. 2559 § 17, 6-13-1994]
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 the State of Missouri or to persons working under the direction of any such person or in any such establishment.
[R.O. 1993 § 640.180; Ord. No. 2559 § 18, 6-13-1994]
Every person, except those persons who are specifically exempted by this Chapter, whether acting as an individual, owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employee or operator acting as a participant or worker in any way, who gives massage or conducts a massage establishment without first obtaining a permit and paying a license fee to do so from the City of Malden or shall violate any of the provisions of this Chapter shall be guilty of an ordinance violation and, upon conviction, shall be punished by a fine not to exceed five hundred dollars ($500.00).