HomeMy WebLinkAbout1981-04 - Amendments to Chapter 10 of the Municipal CodeBILL N0. ~I-
ORDINANCE N0 . ~~ '~'~
AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF
RIVERSIDE, MISSOURI, BY ADDING PROVISIONS RELATIVE TO "BATH
HOUSES, MASSAGE SHOPS, AND NUDE MODELING STUDIOS" CONSISTING
OF SECTIONS 1 THROUGH 16 OF CODE SECTION 10.6, RELATING TO THE
REGULATION OF SUCH BUSINESSES AND OCCUPATIONS, PROVIDING FOR
THE ISSUANCE OF OPERATOR LICENSES AND EMPLOYEE PERMITS; PRO-
VIDING FOR OPERATION REGULATIONS AND DEFINING UNLAWFUL ACTS;
PROVIDING FOR SUSPENSION AND REVOCATION OF OPERATOR LICENSES
AND EMPLOYEE PERMITS AND HEARING PROCEDURES THEREON; PROVIDING
FOR MINIMUM REQUIREMENTS FOR SUCH FACILITIES AND PROVIDING FOR
A CRIMINAL PENALTY FOR VIOLATION OF THIS ORDINANCE AND SEVERABILITY.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
RIVERSIDE, MISSOURI, AS FOLLOW:
10.6 BATH HOUSES, MASSAGE SHOPS AND NUDE MODELING STUDIOS.
SECTION 1. In General - Definitions
(a) EmploXee. Any person 21 years of age or over who
renders any service in connection with a massage shop or a nude
modeling studio or who receives compensation from the operator
of such establishment or patron thereof. --
(b) Licensee. Any person to whom a license has been
issued to own or operate any establishment provided for under
the provisions of this chapter.
(c) Massage. Any method of pressure on or friction
against, or stroking, kneading, rubbing, tapping, pounding,
vibrating or stimulating of the external parts of the human
body with the hands or with the aid of any mechanical electrical
apparatus or appliances with or without such supplementary
aids as rubbing alcohol, liniments, antiseptics, oils, powder,
creams, lotion, ointment or other similar preparations commonly
used in the practice of massage, under such circumstances that
it is reasonably expected that the person to whom the treatment
is provided or some third person on his or her behalf will pay
money or give any other consideration or gratuity therefor.
This definition shall also include treatment of the human
body by means of baths of all kinds, including all forms and
methods of hydrotherapy.
(d) Massage Shoff. Any establishment having a source
of income or compensation derived from the practice of massage,
as defined in subsection (c), and which has a fixed place of
business where any person, firm, association or corporation
engages in or carries on any of the activities defined in --
subsection (c).
(e) Massagist, Masseur or Masseuse. Any person permitted
as such who, for any compensation w- i~tsoever, engages in the
practice of massage as defined in subsection (c).
(f) Nude Modelin Studio. The term "nude modeling studio",
as used in t is c apter, s a mean a fixed place of business
where is carried on the occupation of maintaining, operating
and offering services for any compensation whatsoever of modeling
for the purpose of reproducing the human body wholly or part-
ially in the nude by means of photography, painting, sketching,
drawing or otherwise; to be included within this definition
is the occupation or practice for any compensation whatsoever
of offering one's body, wholly or partially in the nude, for
the purpose of having designs of whatever nature applied
thereto by whatever process or technique with any kind of
substance whether it be transparent or nontransparent.
(g) Apprentice. Any person the age of 21 years or older
employed in any licensed massage shop for the purpose of learnin4~
the trade or occupation of a massagist, masseur or masseuse,
as defined in subsection (e), and who, after having completed
a program of training, as hereinafter provided, is eligible
to take an examination given by the board of massage examiners
to become a permitted massagist, masseur or masseuse.
(h) Outcall Service. Any business, the function of which
is to engage in or carry on services licensed or permitted under
this chapter at a location designated by the patron or client
rather than at a licensed premises.
(i) Person. Any individual, partnership, firm, assoc-
iation, joint stock company, corporation or combination of
individuals of whatever form or character.
(j) Reco nized School. Any school or institution re-
cognized by t e American Massage and Therapy Association, Inc.,
and 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
before the student shall be furnished with a diploma or certi-
ficate of graduation from such school or institution of -~
learning following the successful completion of such course
of study or learning.
(k) Sexual or Genital Area. Genitals, pubic area,
buttocks (except in massage , anus, or perineum of any person,
or the vulva or breasts of a female.
(1) Patron. Any person the age of 21 years or older
who receivess t~e~enefit of the services of any establishment
or occupation provided for in this chapter under such
circumstances that he or she will pay money or give any other
consideration therefor.
SECTION 2. Operator's License Required. No person shall
operate a massage s op or nude mod~ing studio as defined herein,
without first having obtained a license therefor approved by
the Board of Aldermen pursuant to the provisions of this chapter.
Each license shall be renewable on January 1 of each year there-
after. Applications for license renewals shall be made by
December 1 of the year preceding the new license year. If the
renewal application has not been made by December 1, the license
of such establishment shall automatically be suspended until such
application has been made.
SECTION 3. Em to ee Permit Re uired. No person shall be
employed in any esta is ment icense ereunder, nor shall any
person perform massage for compensation at any location, without
first having obtained an employee permit therefor from the
Director of Public Safety. The fee for such permit shall be
$100.00 and shall be renewable on the anniversary date each
succeeding year.
SECTION 4. Prohibited Location of Establishment. No
massage shop or nu e mo eling stu io s al e esta fished
within 1,000 feet of any church, school, area zoned for
residential use or area in which person or persons regularly
reside. This requirement shall be in addition to and not in
lieu of the necessity of locating the establishment within an
area that is properly zoned for this type business.
SECTION 5. Application for Operator's License. Every
applicant for a license to operate a massage shop or nude
modeling studio shall file an application made under oath
with the City Clerk of the City upon a form provided by the
City. The application, once accepted, shall be duly inves-
tigated by the Director of Public Safety. The applicant's
moral character and qualifications shall be investigated by
the Director of Public Safety. Each application shall con-
tain the following information:
(a) The type license applied for.
(b) The location, mailing address and all telephone
numbers where the business is to be located.
(c) The name and address of each applicant. (herein
after all provisions which refer to applicant include
an applicant which may be a corporation or partnership).
(1) If the applicant is a corporation, the names
and addresses of the officers of said corporation
and each stockholder owning l00 of the corporation
itself, if different from the address of the place
of business.
(2) If the applicant is a partnership, the names
and residence addresses of each of the partners
including limited partners, and the address of
the partnership itself, if different from the
address of the place of business.
(3) If the application is on behalf of a corporation,
the date of incorporation, the state incorporated in,
a copy of the corporation certificate and incorporation
papers.
(d) The two (2) previous addresses immediately prior to
the present address of the applicant.
(e) Proof that the licensee is at least 2B years old.
(f) Individual partnership applicant's height, weight,
color of eyes and hair, and sex.
(g) Copy of identification such as driver's license and
social security card.
(h) Portrait photographs of the applicant of appropriate
size and a complete set of fingerprints. If the applicant
is a corporation, portrait photographs of all officers of
the corporation of appropriate size and a complete set of
fingerprints of all such individuals. If the applicant is
a partnership, front-face portrait photographs of appro-
priate size of each partner, and a complete set of finger-
prints of such individuals.
(i) Business, occupation or employment of the applicant
of 3 years immediately preceding the date of application.
(j) The license history of the applicant; whether such
person, in previously operating in this or another city or
state has had a business license revoked or suspended, the
reason therfor, and the business activity or occupation
subsequent to such action of suspension or revocation.
(k) All criminal convictions including the dates of
conviction, nature of crimes, court and location of such
convictions.
(1) The name and address of each employee who is
or will be employed in the proposed establishment.
(m) In the case of a massage shop application, if the
applicant intends to engage in the massage services offered
at the proposed establishment, he shall furnish a diploma
or certificate of graduation from a recognized school or
institution where the method, profession and work of
massage is taught, or that he has previously been licensed
by the City as a massagist, providing, however, that if
the applicant will not engage in the practice of massage
as defined herein, no such certification need be shown.
(n) The name and address of the same or any other type
business licensed under this chapter owned or operated
by the applicant or any other person required by the J
provisions of this chapter to be named in the application.
(o) A description of any other business to be operated
on the same premises or on adjoining premises owned or
controlled by the applicant.
(p) 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 for the license and
permit applied for.
(q) All applicants for licenses issued under the provisions
of this ordinance after the effective date hereof, or any
purchaser subsequent to such date of any establishment
licensed hereunder or heretofore, shall, in addition to the
other information required by this section, evidence the
financing of such business regardless of source, whether,
but not necessarily limited to, from the applicant's
personal assets, from a loan, gift, stock purchase or
paid-in capital. The Director of Public Safety may require
and the applicant shall furnish, any supplemental or
additional information regarding such funding. The Director
may require from the applicant such other identification
and information necessary to discover the truth of all
matters specified to be set out in the application that
he deems necessary.
SECTION 6. Issuance and A roval or Denial of 0 erator's
License. After fi ing o t e app ication in t e proper orm,
time Board of Aldermen shall examine the application and after
such examination may issue a permit for a massage establishment
or nude modeling studio. Provided however, such permit may be
issued only in the event that the Board of Aldermen is satisfied
of the following facts:
(a) The correct permit fee has been tendered to the City.
(b) That the applicant complies with all existing laws
including but not limited to the City's building, zoning
and health regulations.
(c) That the location of the premises is not in violation.
of the provisions of this ordinance relative to Section
4.
(d) That the applicant has made no false, misleading or
fraudulent statement of fact in the permit application or
in any other document required by the City in connection
therewith.
(e) That the applicant has never had a massage estab-
lishment or body painting studio or other similar permit
or license denied, revoked or suspended by any other City
or any other State or local agency within 5 years prior
to the date of this application.
(f) That the manager or the person principally in charge
of the operation of the business would be eligible to receive
a permit under the provisions of this chapter.
(g) Any permit issued under the provisions of this
ordinance shall at all times be displayed by the permittee
in an open and conspicuous place on the premises where the _
permitted business is conducted.
SECTION 7. Application for Emplo ee Permits. Before any
person may be employe in any occupation or esta lishment
licensed or permitted under the provisions of this chapter,
such person shall first make application for a permit therefor
from the Director of Public Safety in conformance with the _,
provisions of this section and this chapter.
(a) Generall All such applications shall be upon a form
provide~y tie Director of Public Safety. Such application
shall contain but not be limited to the following:
(1) The name and residence address, residence telephone
number, all names, nicknames and aliases by which the
applicant is known, and the two previous addresses
immediately prior to the last address.
(2) Title or type of employment for which the permit
is sought.
(3) The name, address and all telephone numbers of
the establishment wherein the applicant is or is to
be employed.
(4) Social Security number, driver's license number
and state of issuance, and date of birth.
(5) Applicant's weight, height, color hair and eyes, -
and sex.
(6) Satisfactory proof that the applicant is over
21 years of age.
(7) A complete statement of all convictions of the
applicant for any felony or misdemeanor or ordinance
violation.
(8) A complete set of the applicant's fingerprints.
(9) Portrait front-face photographs of the applicant
of appropriate size.
(10) A statement in writing from a licensed physician
in the State that he has examined the applicant and
believes the applicant to be free of all communicable
diseases.
(11) A copy of a diploma or certificate of graduation
awarded the applicant showing that the applicant has
completed not less than 70 hours of instruction.
(12) Such other information, identification and physi~l
examination deemed necessary by the Director of Public
Safety to discover the truth of the matters required
to be set forth in the application.
(13) Authorization by the applicant for the City, its
agents and employees to seek information and conduct
an investigation into the truth of the matters required
to be set forth in the application.
(14) Written declaration by the applicant that the
foregoing information set forth in the application
is true and correct to the best belief and knowledge
of the applicant. Any deliberate falsification of
any material fact or statement contained in the
application shall be grounds, in the discretion of
the Director of Public Safety to deny such application.
SECTION 8. Term of Employee Permit. The Director of Public
Safety may issue an employee permit which shall last from January
1st through December 31st of each year. Applications for renewa'
of employee permits shall be on the same form furnished by the _..
Director of Public Safety for original applications. The Director
of Public Safety may deny any original or renewal application for
any reason including but not limited to:
(a) That the applicant has been convicted of -
(1) a felony,
(2) an offense involving sexual misconduct,
(3) obscenity, keeping or residing in a house
of ill fame, solicitation of a lewd or unlawful
act, or prostitution.
(b) That the applicant has knowingly made any false,
misleading or fraudulent statement of fact in the permit
application or in any document required by the City.
(c) That the applicant has not successfully completed
a resident course of study or learning from a recognized
school as required under the provisions of this chapter.
SECTION 9. 0 eration Requirements. The operation of any
massage shop or nude mod~ing studio shall be subject to the
following regulations:
(a) Hours. Such business shall be closed and operations
shall cease between the hours of 6 P.M. and 8 A.M. each day._
(b) Alcoholic Beverages. No alcoholic beverages nor the
consumption thereof, shall be allowed, permitted or suffered
to be done in or upon the premises permitted under the
provisions of this chapter.
(c) Conduct on Premises. All operators permitted under
the provisions of this chapter shall at all times be
responsible for the conduct of business on their permitted
premises and for any act or conduct of his or her employees
which constitutes a violation of the provisions of this
chapter or a violation of the ordinances of the City or
state or federal law shall be grounds for suspension or
revocation of the permit issued for the licensed establish-
ment.
(d) All employees shall be clean and wear clean outer
garments which use is restricted to the permitted establish-
ment. Provisions for a separate dressing room for each
sex shall be available on the premises with individual
lockers for each employee. _
(e) 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 shall be no higher than the top of the knee.
(f) The private parts of patrons must be covered by
towels, clothes or undergarments when in the presence
of an employee, masseur or masseuse. Any contact with
a patron's genital area is stictly prohibited.
(g) All permitted establishments, when applicable, 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.
(h) 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.
(i) Cleanliness. Every portion of an establishment
licensed hereunder, including the appliances and apparatus __
in a massage shop, shall be kept clean and the premises
operated in a sanitary manner.
(j) Price Lists. Price lists for the items of services
offered by the particular establishment shall be prominently
posted in a location available to all prospective patrons.
(k) False, misleading or deceptive advertising: No
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 the services of the particular establishment.
(1) Persons under the age 21 prohibited on premises. No
person shall permit any person under the age of 21 years
to come on or remain in any premises licensed hereunder as
an employee or patron unless such person is on lawful
business. However, any person under the age of 21 years
may enter a massage shop as a patron if accompanied by a -~"
parent or legal guardian.
(m) Employee Permit. No person licensed hereunder shall
employ any person unless such person has obtained and has
in effect an employee permit issued pursuant to this chapter.
(n) Controlled substances. No person licensed under the
provisions of this chapter, or his agent, servant or employee
shall possess, store, sell or offer for sale, give away or
otherwise dispose of, upon or about the licensed premises,
or permit any person on or about the licensed premises to
possess, store, sell or offer for sale, give away or
otherwise dispose of any controlled substance as defined
in Chapter 195, Revised Statutes of Missouri.
(o) In a massage shop, only one person shall be permitted
to be treated in any single area therein used for massage.
SECTION 10. Inspections. The Director of Public Safety or
any member of the Department of Public Safety shall be authorized
to make inspections at reasonable times and hours of any establish-
ment licensed under the provisions of this chapter for purposes
of determining whether the provisions of this chapter or of any
other City ordinance or State law they are authorized to enforce
are being violated. It shall be unlawful for any licensee or
employee of such licensee to refuse such entry into the licensed
premises or any part thereof and such refusal shall make such
person liable to immediate revocation of any permits issued under
this chapter.
SECTION 11. Suspension, Revocation of Licenses. Any license
issued pursuant to t is c apter may Tie rev~c~y tie Board of
Aldermen after hearing. Notice of hearing shall be directed to
the licensee at the address listed on the application. The notice
may be served in lieu of notice by mail on the applicant. Any
hearing shall be conducted in conformity with Section 536, R.S.Mo.
and Rule 100, Rules of Civil Procedure, Supreme Court of Missouri.
SECTION 12. Unlawful Acts.
(a) It shall be unlawful for any person in a massage shop
to treat a person except on the signed order of a licensed
physician, osteopath, chiropractor or physical therapist
licensed by the State of Missouri, which order shall be
dated and specify the number of treatments to be given.
(b) It shall be unlawful for any person in any establishment
licensed under the provisions of this chapter to place his or
her hands upon, to touch with any part of his body, to fondle
in any manner, or to massage, a sexual or genital part of
any other person. Sexual or genital parts shall include
the genitals, pubic area, buttocks (except in massage),
anus, or perineum of any person, or the vulva or breasts
of a female.
(c) It shall be unlawful in any massage shop for any
person to expose his or her sexual or genital parts, or
any portion thereof, to any other person.
(d) It shall be unlawful for any person, while in the
presence of another person, in any massage shop, to fail
to conceal with a fully opaque covering the sexual or
genital parts of his or her body.
(e) It shall be unlawful for any person owning, operating ,_
or managing any establishment mentioned in subsections (a),
(b), (c) or (d) hereof knowingly to cause, allow, or permit
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in or about such establishment, any agent, employee or other
person under his control or supervision to perform such acts
prohibited in such subsections.
(f) It shall be further unlawful for any person rendering _
services governed under the provisions of this chapter to
administer any such services on an outcall basis. All
business or activity provided for under this chapter shall
be conducted and performed on the respective premises.
SECTION 13. Sale, Transfer or Chan e of Location. No sale,
transfer or change o ocation o any esta is ment icensed under
the provisions of this chapter shall be made without first apply-
ing for same from the Board of Aldermen. Each license issued
under the provisions of this chapter is personal to the holder
thereof and not transferable to any other person. In the case
of a partnership, if the partner should leave the business for
any reason, the remaining partner or partners may retain the
license without making application for a new one. In the case
of a corporation, no new application for change need be made
unless there has been a 30% change or more in the stock owner-
ship thereof.
SECTION 14. Violation and Penalt It shall be unlawful
for any person, un ess specs ica y exempted under the provision
of this chapter, whether acting as an individual owner, employee J
of the owner, operator or employee of the operator, or whether
acting as the mere agent or independent contractor for the owner,
employee or operator, or acting as participant or worker directly
or indirectly renders any service, without obtaining a license
or permit and paying the prescribed fee therefor to the City
Clerk or to violate in any way any provision of this chapter.
Upon conviction such person shall be fined in a sum not to
exceed $500.00 or by imprisonment for a period not to exceed
6 months, or both such fine and imprisonment.
SECTION 15. Severabilit The provisions of this ordinance
are severable. In t e event t at any provision of this ordinance
is found by a court of competent jurisdiction to be void, the
remaining provisions shall remain valid unless such court finds
that the valid provisions of this ordinance are so essentially
connected with, and so dependent upon, the void provision that
it cannot be presumed that the valid provisions would have been
enacted without the void one, or unless the court finds that the
valid provisions, standing alone, are incomplete and are incapable
of being executed in accordance with the legislative intent.
SECTION 16. Exceptions to Massa a Re uirements. The
provisions of this c apter require of massage shops shall
not apply to the following individuals while engaged in the
personal performances of the duties of their respective pro-
fessions:
(a) Physicians, surgeons, osteopaths, chiropractors or
physical therapist who are licensed by the State of
Missouri.
(b) Nurses who are licensed by the laws of this State.
(c) Barbers and beauticians who are licensed by this
State, except that this exemption shall solely apply to
the massaging of the neck, face, scalp and hair of the
patron or client for cosmetic or beautifying purposes.
(d) Athletic trainers for amateur, sans-professional
or professional athletic organizations.
(e) Hospitals, nursing homes or sanitariums.
PASSED THIS aO,~,, DAY OF 1981.
~C{ E 2~2~~ ~-~
ATTEST:
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CITY CLE K
APPROVED THIS a0~ DAY OF q.,n> , 1981.
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