Sections:

8.24.010Definitions.
8.24.020Establishment license--Required.
8.24.030Establishment license--Application--Filing fee.
8.24.040Establishment license--Application--Contents--Neighborhood consent petition.
8.24.050Masseur or masseuse license--Filing fee.
8.24.060Masseur or masseuse license--Application.
8.24.070Notice of hearing.
8.24.080Conditions for issuance--Establishment license.
8.24.090Conditions for issuance--Masseur or masseuse license.
8.24.110Licenses--Revocation.
8.24.120Facilities.
8.24.130Operating regulations.
8.24.140Inspection.
8.24.150Transfer of licenses.
8.24.160Existing businesses--Substitution for schooling.
8.24.170Existing businesses--Time limit.
8.24.180Applicability of chapter.
8.24.190Penalty for violation.

Prior ordinance history:

Ords. 56257, 46760: 1948 C. Ch. 9

V.A.M.S.:

334.500 et seq. Professional physical therapists

City Counselor Ops.: 7791, 9443

McQuillin:

23.123a Massage parlors

8.24.010 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. "Massage" means 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 hands 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.

B. "Massage establishment" means 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 subsection A.

C. "Masseur or masseuse" means any person who, for any consideration whatsoever, engages in the practice of massage as defined in this section.

D. "Employee" means any and all persons, other than the masseurs and masseuses, who render any service to the licensee, who receive compensation directly from the licensee, and who have no physical contact with customers and clients.

E. "Persons" means any individual, copartnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.

F. "Public bath establishment" means any place that provides baths, showers or public washing facilities or massages, as defined by subsection A and which may be equipped with appliances pertaining to physiotherapy treatments.

G. "Recognized school" means 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 hours to be given in not more than three 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 an association of professional masseurs of the state. (Ord. 56859 § 2 (649.010), 1974: 1960 C. § 649.010.)

8.24.020 Establishment license--Required.

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 or public bath establishment as defined in Section 8.24.010, without first having obtained a license from the license collector of the city after approval of the board of public service. (Ord. 56859 § 2 (649.020), 1974: 1960 C. § 649.020.)

8.24.030 Establishment license--Application--Filing fee.

Every applicant for a license to maintain, operate or conduct a massage or public bath establishment shall file an application with the board of public service and pay a filing fee of ten dollars which shall not be refundable. (Ord. 56859 § 2 (649.030), 1974: 1960 C. § 649.030.)

8.24.040 Establishment license--Application--Contents--Neighborhood consent petition.

The application for a license to operate a massage establishment or public bath establishment shall set forth the exact nature of the massage or services to be administered, the proposed place of business and facilities therefor, and the name and address of each applicant.

In addition to the foregoing, any applicant for a license shall furnish the following information:

A. Written proof that the applicant is at least eighteen years of age;

B. Two portrait photographs at least two inches by two inches, and fingerprints.

C. Business, occupation, or employment of the applicant for the three years immediately preceding the date of application;

D. The massage, public bathhouse or similar business license history of the applicant; whether such person, in previously operating in this or any other city or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to the action of suspension or revocation;

E. Any criminal convictions, except minor traffic violations;

F. In addition to the application, the applicant for a massage or public bath establishment shall also file in the board of public service a written petition in favor of the issuance of the license, signed by a majority of the persons, if any, occupying premises or conducting any business on the main or surface floor within the prescribed petition circled drawn by a radius of three hundred feet plus one-half the width of the front of the premises from the center of the premises projected to the streets. A neighborhood consent petition shall not be required for successive yearly renewal licenses for the same licensee on the same premises. (Ord. 57071 § 1, 1975: prior Ord. 57002 § 1, 1975: Ord. 56859 § 2 (649.040), 1974: 1960 C. § 649.040.)

8.24.050 Masseur or masseuse license--Filing fee.

Any person, including an applicant for a massage or public bath establishment license who engages in the practice of massage as defined in Section 8.24.010 shall file an application for a masseur or masseuse license with the board of public service upon a form provided by the board and shall pay a filing fee of ten dollars which shall not be refundable. (Ord. 56859 § 2 (649.050), 1974: 1960 C. § 649.050.)

8.24.060 Masseur or masseuse license--Application.

The application for a masseur or masseuse license shall contain the following:

A. Name and residence address;

B. Social security number;

C. Applicant’s weight, height, color of hair and eyes, and fingerprints;

D. Written evidence that the applicant is at least eighteen years of age;

E. Business, occupation, or employment of the applicant for the three years immediately preceding the date of application;

F. Whether the 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 the conviction;

G. The name and address of the recognized school in the art of massage attended, the date attended and a copy of the diploma or certificate of graduation awarded the applicant showing the applicant has successfully completed not less than seventy hours of instruction in the art of massage;

H. Two portrait photographs of at least two inches by two inches and fingerprints of applicant. (Ord. 56859 § 2 (649.060), 1974: 1960 C. § 649.060.)

8.24.070 Notice of hearing.

When an application is filed for a massage or public bath establishment license under this chapter, the board of public service shall fix a time and a place for a public hearing where applicant may present evidence upon the question of his application. Not less than ten days before the date of such hearing, the board of public service shall cause to be posted a notice of the hearing in a conspicuous place on the property in which or on which the proposed massage or public bath establishment is to be operated. The applicant shall maintain the notice as posted for the required number of days (Ord. 56859 § 2 (649.070), 1974: 1960 C. § 649.070.)

8.24.080 Conditions for issuance--Establishment license.

The board of public service may approve issuance of a license within fourteen days following a hearing if all requirements for a massage or public bath establishment described in this chapter are met and may authorize the license collector to issue a license to all persons who apply to perform massage services unless they find:

A. 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, city planning, housing, zoning, and fire codes of the city. In making the investigation, the health commissioner is authorized to require satisfactory proof that the applicant and the employees thereof are free from communicable diseases, and may, from time to time, require the applicant and attendants to submit to physical examinations and satisfactory laboratory examinations by the health commissioner during the period of the license;

B. That the applicant and any other person who will be directly engaged in the management and operation of a massage or public bath establishment has been convicted of:

1. A felony not involving sexual misconduct with children, obscenity, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution or pandering,

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.

The board of public service in its discretion may authorize issuance of a license to any person convicted of any of the crimes in subsection B.1., if it finds that the conviction occurred at least three years prior to the date of the application and the applicant has had no subsequent convictions. (Ord. 56859 § 2 (649.080), 1974: 1960 C. § 649.080.)

8.24.090 Conditions for issuance--Masseur or masseuse license.

The Board of Public Service may authorize issuance of a masseur or masseuse license within twenty-one days following application, unless he finds that the applicant for the masseur or masseuse license has been convicted of:

A. A felony not involving sexual misconduct with children, obscenity, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution or pandering;

B. An offense involving sexual misconduct with children;

C. Obscenity, keeping or residing in a house of ill fame, solicitation of a lewd or unlawful act, prostitution, or pandering.

The Board of Public Service in its discretion may authorize issuance of a license to any person convicted of any of the crimes in this section if it finds that such conviction occurred at least three years prior to the date of the application and the applicant has had no subsequent convictions. (Ord. 56859 § 2 (649.080), 1974: 1960 C. § 649.090.)

8.24.110 Licenses--Revocation.

Any license issued for a massage or public bath establishment or a masseur or masseuse may be revoked or suspended by the Board of Public Service, after a public hearing before the Board of Public Service, where it is found that any of the provisions of this chapter are violated or where the licensee or any employee of the licensee, including a masseur or masseuse, has been convicted of any offense found in Section 8.24.090, or where the establishment is proven to be in violation of any statute of the state or of any provision of this Code, relating to the Health Department or health regulations.

The Board of Public Service, before revoking or suspending any masseur or masseuse license, shall give the masseur or masseuse at least ten days written notice of the examination into his conviction record and the opportunity for a public hearing before the Board of Public Service, at which hearing the Board of Public Service shall determine the relevant facts regarding the occurrence of the conviction. (Ord. 56859 § 2 (649.110), 1974: 1960 C. § 649.110.)

8.24.120 Facilities.

No license to conduct a massage or public bath establishment shall be issued unless an inspection by the Health Commissioner of the City or his authorized representative reveals that the establishment complies with each of the following minimum requirements:

A. Construction of rooms used for toilets, tubs, steam baths, and showers shall be waterproof with approved waterproof materials.

B. Toilet facilities shall be provided in convenient locations. When five 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 or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for water closets after one water closet has been provided. Toilets shall be designated as to the sex accommodated therein.

C. 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 Health Commissioner shall certify that the proposed massage or public bath establishment complies with all the requirements of this section and shall give or send the certification to the License Collector. (Ord. 56859 § 2 (649.120), 1974: 1960 C. § 649.120.)

8.24.130 Operating regulations.

Every portion of a massage or public bath establishment, including appliances, apparatus, and personnel shall be kept clean and operated in a sanitary condition.

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.

It shall be unlawful for any masseur or masseuse to massage any individual customer in a manner which is reasonably calculated to sexually stimulate or arouse the person being massaged. Intentional touching of the genitals of a person being massaged by a masseur or masseuse constitutes prima facie evidence of an attempt to sexually arouse or stimulate the person.

All massage or public bath 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 the business is in operation. Bathtubs shall be thoroughly cleaned after each use.

No proprietor, lessee or manager of any massage or public bath establishment obtaining a license under this chapter shall permit any disorderly or indecent conduct, or permit any indecent act, or permit such house to become a place for thieves, prostitutes, male or female procurers, vagrants, or any other disorderly person’s resort. No male or female procurers, vagrants, thieves or persons of known bad character shall be attendants or employees of massage or public bath establishments.

No massage or public bath 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 8.24.010. (Ord. 56859 § 2 (649.130), 1974: 1960 C. 649.130.)

8.24.140 Inspection.

The Police Department and the Health Department shall from time to time and at least twice a year, make an inspection of each massage or public bath establishment in the City for the purposes of determining that the provisions of this chapter are complied with. The inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any licensee to fail to allow the inspection officer access to the premises or to hinder the officer in any manner. (Ord. 56859 § 2 (649.140), 1974: 1960 C. § 649.140.)

8.24.150 Transfer of licenses.

No license shall be transferable except with the written consent of the Board of Public Service; provided, however, that upon the death or incapacity of the licensee the massage or public bath establishment may continue in business for a reasonable period of time to allow for an orderly transfer of license. (Ord. 56859 § 2 (649.150), 1974: 1960 C. § 649.150.)

8.24.160 Existing businesses--Substitution for schooling.

Holders of any outstanding massage or public bath establishment licenses or permits heretofore issued under any provision or law are required to comply with all provisions of this section; however, they shall not be required to obtain a neighborhood consent petition as set forth in this chapter.

Applicants for a masseur or masseuse license may substitute one 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 massage is taught. The masseur or masseuse must obtain an affidavit attesting to such experience from the owner of the establishment where the continuous year of experience occurred. (Ord. 56859 § 2 (649.160), 1974: 1960 C. § 649.160.)

8.24.170 Existing businesses--Time limit.

All persons who possess any outstanding license heretofore issued as either the operator of a massage or public bath establishment or as a masseur or masseuse must file for a license within six months of November 26, 1974. (Ord. 56859 § 2 (649.170), 1974; 1960 C. § 649.170.)

8.24.180 Applicability of chapter.

This shall not apply to hospitals, nursing homes, sanitaria, or persons holding an unrevoked certificate to practice the healing arts under the laws of the state or to persons working under the direction of any such persons or in any such establishments. (Ord. 56859 § 2 (649.180), 1974: 1960 C. § 649.180.)

8.24.190 Penalty for violation.

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, or acting as a participant or worker in any way, who gives massages or conducts a massage establishment without first obtaining a permit and paying a license fee to do so from the City or shall violate any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed five hundred dollars or by imprisonment for a period not to exceed ninety days or by both fine and imprisonment. (Ord. 56859 § 2 (649.190), 1974: 1960 C. § 649.190.)

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