- Rolla at a Glance
- Community Events
- Rolla Info
- Contact Us
Chapter 25 - Licenses
Article I - In General
- § 25-1. Definitions.
- § 25-2. Business licenses required of certain businesses and occupations.
- § 25-3. Application.
- § 25-4. Investigation and issuance.
- § 25-5. Appeal.
- § 25-6. Fees.
- § 25-7. Waiting period.
- § 25-8. Records.
- § 25-9. License to be prominently displayed.
- § 25-10. Change of location of business.
- § 25-11. Licensed business to be operated only on licensed premises.
- § 25-12. Assignment or transfer of license.
- § 25-13. Authority of license to engage in more than one business.
- § 25-14. Separate license for each separate and distinct business entity.
- § 25-15. Revocation.
- § 25-16. Exemptions.
- § 25-17. Requirement of retail sales license and evidence of workers' compensation insurance prior to license issuance.
- § 25-18. Licenses renewals.
- § 25-19. Duration, expiration of licenses; prorating license fees; penalty for failure to obtain.
- § 25-20. Refunds of license fee.
- § 25-21. Issuance to debtor of city - Prohibited.
- § 25-22. Payment of license tax prior to licensing.
- § 25-23. Duty of the Finance Department to issue licenses, restrictions.
- § 25-24. Annual statement required - Utility.
- § 25-25. Rummage sales exempt from license.
- § 25-26. False declaration in application; penalty.
- § 25-27. General penalty provisions.
- §§ 25-28 to 25-33. Reserved.
ARTICLE II. REGULATING THE LICENSING OF PRIVATE DETECTIVES, PRIVATE SECURITY AGENCIES AND PRIVATE WATCHMEN
- § 25-34. Business license for private detectives and private security agencies.
- § 25-35. Uniform, vehicles, etc.
- §§ 25-36 to 25-41. Reserved.
ARTICLE III. LICENSING OF TELECOMMUNICATIONS COMPANIES
- § 25-42. License required.
- § 25-43. Payments.
- § 25-44. Renewal.
- § 25-45. Definition.
- §§ 25-46 to 25-50. Reserved.
ARTICLE IV - LICENSING OF MASSAGE THERAPY ESTABLISHMENTS
- § 25-51. Massage establishments, defined; operating requirements.
- § 25-52. License to be issued, when.
- § 25-53. Acts prohibited.
- § 25-54. Applicability to existing massage therapists.
- § 25-55. Massage therapy establishment business license, requirements.
- § 25-56. Issuance of permit for a massage therapy establishment.
- §§ 25-57 to 25-62. Reserved.
Article I - In General
Sec. 25-1. Definitions
For the purposes of this Chapter certain terms are hereby defined as follows:
Business - the engaging in the sale or the selling of any goods, wares, merchandise or the performing of any service anywhere, or at any store, stand or place occupied and maintained for that purpose within the city limits.
Contractor - a person or company who specializes in a skilled trade and sells either his labor or material (or both) at a predetermined price (either hourly, unit or lump sum) and controls the enterprise for profit.
Food processing establishment - a commercial establishment in which food is processed or otherwise prepared and packaged for human consumption.
Food-service establishment - any fixed or mobile restaurant; coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; night club; roadside stand; industrial-feeding establishment; private, public or nonprofit organization or institution routinely serving food; catering kitchen; commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.
Health authority - the health authority of Phelps County or his/her designated representative.
Itinerant vendor - any person who engages in or conducts a temporary or transient business of selling goods, wares and merchandise with the intention of continuing in such business in any one place for a period of not more than one hundred and twenty days, and who, for the purpose of carrying on such business, hires, leases or occupies, either in whole or in part, a room, building, or other structure, for the exhibition and sale of goods.
Manufacturer - any person who shall hold or purchase personal property for the purpose of adding to the value thereof by any process of manufacturing, refining, or by the combination of different materials.
Merchant - any person who shall deal in the selling of goods, wares and merchandise, either by retail or wholesale, at any stand, store or place occupied for that purpose.
Mercantile agent - any person having a place of business in the city where orders for the sale and delivery of merchandise are taken, or who shall go from place to place within the city and take orders for the sale of goods, wares or merchandise, for future delivery, either by himself or by some other person.
Peddler - any person, traveling by foot, wagon, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise or farm products, offering and exposing the same for sale, or making sales and delivering articles to purchasers; and further shall mean any person who solicits orders and, as a separate transaction makes deliveries to purchasers of the items sold.
Persons - used herein shall include the singular and the plural and shall also mean and include any person, firm or corporation, association, club, co-partnership or society, or any other organization.
Physical location – a store, shop or building, when the business is operated in an enclosed structure, under one roof with access to the entire inside premises through a common door. When a business does not operate in an enclosed structure, the physical location is a continuous single area used by one operator for the conduct of a specific type of business.
Rummage sale - a sale of small personal property for the purpose of cleaning out the attic, garage or basement, etc., which is not held more than four (4) periods per year, each period not to exceed three (3) days. (Ord. 2644, §1.)
Solicitor - any person, who for gain or profit, advertises a product for sale either by telephone, radio, newspaper or in person; takes orders for the product; delivers the same to the purchaser; and keeps no inventory and merchandise in stock.
Traveling stores - the stock of trade in goods, ware and merchandise or other personal property or some part thereof, which is carried from place to place by railroad, truck, wagon or other vehicles for the purpose of selling same either by public outcry or otherwise and having no certain place at which said property is to be disposed of. (Ord. 2530, §1; Ord. 3013, §4; Ord. 3682, §1)
Sec. 25-2. Business licenses required of certain businesses and occupations.
- It shall be unlawful of any person, partnership, or corporation within the corporate limits of the City of Rolla to engage in the business of being a contractor, itinerant vendor, manufacturer, merchant, mercantile agent, peddler, solicitor, or any of the occupations set forth in Section 94.110 of the RSMo, without first obtaining a license to do business in accordance with the procedures set forth in this Article.
- A copy of Section 94.110 RSMo is attached hereto, marked Exhibit "A", and incorporated herein by reference. (Ord. 2530, §1; Ord. 2734, §§ 1, 2; Ord. 3682, §1)
Sec. 25-3. Application.
Applicants for a license hereunder must file with the city a sworn application in writing, on a form to be furnished by the Finance Department, which shall include the following information:
- Name and description of the business, if applicable, the goods to be sold.
- Address (legal and local), business telephone and fax number and the number of employees (both full and part time).
- If employed, the name and address of the employer, together with credentials establishing the exact relationship.
- The proposed opening date of the business.
- If a vehicle is to be used, a description for the same, together with license number thereof.
- A copy of applicant's state retail sales license (if applicable) or Interstate Commerce Commission exemption certificate (if applicable).
- Two sources of identification of applicant, including either applicant's operator's license or social security number.
- A statement as to whether applicant has ever been convicted of any violation of laws or ordinance of this or any other state or municipality other than minor traffic violations (traffic violations other than DWI).
- No license required under the provisions of this section shall be issued by the Finance Department to any person until such person produces a copy of a certificate of insurance for workers' compensation coverage if the applicant for the license is required to cover his/her liability under Chapter 287, RSMo. It is further made a violation of this Chapter to provide fraudulent information to the department. (Ord. 2530, §1; Ord. 2945, §1; Ord. 3682, §1)
Sec. 25-4. Investigation and issuance.
- Upon receipt of such application, the City shall review the information contained therein and shall, with the exception noted in subsection (b) hereof, determine in each case whether the license to do business shall be issued. If the applicant is found to be unsatisfactory, the City shall endorse on such application disapproval and the reasons therefore and shall notify the applicant that the application is disapproved and that no license will be issued.
- Upon approval by the City and upon payment of the fee as set forth below, a license to do business shall be issued to the applicant by the City.
- No business license shall be granted to food processing establishments or food-service establishments without the written approval of the health authority. The business license applicant shall pay any fees, charges, or costs associated with health inspections. Fees shall be paid by the business license applicant directly to the County of Phelps. (Ord. 2530, §1; Ord. 3013, §5; Ord. 3055, §1; Ord. 3682, §1)
Sec. 25-5. Appeal.
Any person aggrieved by the action of the City in the denial of an application for license as provided in this Chapter shall have the right of appeal to the City Council of the City of Rolla, Missouri. Such appeal shall be taken by filing with the City Administration, within seven days after notice of the action complained of has been mailed to such person's first known address, a written statement setting forth fully the ground for the appeal. The City Administration shall set a time and place for a hearing on such appeal and notice of such hearing shall be made postage prepaid, to the licensee at his/her last known address at least five (5) days prior to the date set for hearing. The decision and order of the City Council on such appeal shall be final and conclusive. (Ord. 2530, §1; Ord. 3682, §1)
Sec. 25-6. Fees.
Upon application and approval for a City business license, there shall be levied and collected from every person desiring such license, a processing fee therefore. For new merchants and manufacturers such fees shall be $50.00 and said license shall be valid for a period ending June 30th of every year. The processing fee for business license renewals shall be $35.00.
Peddlers and itinerant vendors shall pay a license processing fee of $50.00 and, if approved, said license shall be valid for a period of thirty (30) days. (Ord. 2530, §1; Ord. 2589, §1; Ord. 3054, §2; Ord. 3236, §2; Ord. 3682, §1)
Sec. 25-7. Waiting period.
No license shall be issued prior to the passage of a reasonable time to allow the processing and verification of the application. (Ord. 2530, §1; Ord. 2588, §1; Ord. 3682, §1)
Sec. 25-8. Records.
The Finance Department shall keep a record of all licenses issued. In addition, the Finance Department shall keep a record of any complaints against any person licensed under the provisions of this Chapter and of any convictions for violations of this Chapter. (Ord. 2530, §1; Ord. 3682, §1)
Sec. 25-9. License to be prominently displayed.
- All licenses issued hereunder shall be carefully preserved and prominently displayed in a conspicuous manner in the place of business authorized to be conducted by said license. In the case of peddlers, a license or license copy, issued by the city and containing the words "licensed peddler", shall be carried constantly by the licensee. When the licensed peddler
has more than one person in his/her employ, each such employee shall carry a copy of such license.
- Failure to carry said license shall be a violation of this Chapter and will constitute forfeiture of the license. (Ord. 2530, §1; Ord. 3369, §1; Ord. 3682, §1)
Sec. 25-10. Change of location of business.
In case of a change of location after the issuing for license, the holder of the license must notify the City of its new address and obtain a new license sticker for a reprocessing and reinspection fee of $35.00. (Ord. 2530, §1; Ord. 3314, §2; Ord. 3682, §1)
Sec. 25-11. Licensed business to be operated only on licensed premises.
No person to whom a license is issued may carry on the business named therein at any other location than the one named in or endorsed on the license. (Ord. 2530, §1; Ord. 3682, §1)
Sec. 25-12. Assignment or transfer of license.
No license issued under the provisions of this Chapter shall be assigned or transferred. (Ord. 2530, §1; Ord. 3682, §1)
Sec. 25-13. Authority of licensee to engage in more than one business.
- Any person taking out a merchant's license may be allowed to manufacture goods belonging to his/her line of trade without additional license. Any person taking out a merchant's license or shop license for any particular trade herein mentioned may be allowed to keep for sale any other line of goods or wares in the same store or shop without obtaining more than one license.
- Any person operating related businesses at one or more locations, will be required to take out a separate license for each location.
- Any person operating unrelated businesses at one or more locations will be required to take out a license for each business location. (Ord. 2530, §1; Ord. 3682, §1)
Sec. 25-14. Separate license for each separate business entity.
A separate license shall be obtained for each separate business entity conducted, operated, maintained, or carried on by any person engaged in any business for which this Chapter requires a license.
In the event ownership of a business is transferred, the new owner thereof shall apply for a license as per the provisions of this Chapter. (Ord. 2530, §1; Ord. 3682, §1)
Sec. 25-15. Revocation.
- Licenses issued under the provisions of this Chapter may be revoked by the City Council of the City of Rolla, after notice and hearing, for any of the following causes:
- Fraud, misrepresentation, or false statement contained in the application for license.
- Fraud, misrepresentation, or false statement made in the course of carrying on the business.
- Any violation of this Chapter.
- Otherwise conducting the business in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
- Fraud, misrepresentation, or false statement contained in the application for license.
- Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his/her last known address at least five (5) days prior to the date set for hearing. (Ord. 2530, §1; Ord. 3682, §1)
Sec. 25-16. Exemptions.
- Any person claiming exemption from licensing by reason of engaging in interstate commerce shall be subject to registering with the Finance Department the same information required on applications for licenses as herein above provided.
- Local (i.e., Phelps County) churches, charities, service clubs, and fraternal and not-for-profit organizations shall be exempt from the licensing provisions set forth in this Chapter. (Ord. 2530, §1; Ord. 3682, §1)
Sec. 25-17. Requirement of retail sales license and evidence of workers' compensation insurance prior to license issuance.
No person shall be granted a license under the provisions of this Chapter unless such person shall have a valid state retail sales license or an Interstate Commerce Commission exemption certificate unless such person is otherwise authorized to engage in business in this State without such license or exemption.
No license required under the provisions of this section shall be issued by the Finance Department to any person until such person produces a copy of a certificate of insurance for workers' compensation coverage or completes a workers' compensation waiver, if the applicant for the license is required to cover his liability under Chapter 287, RSMo. It is further made a violation of this Chapter to provide fraudulent information to the department.
Nothing in this Chapter shall be construed to create or constitute a liability to or a cause of action against the City in regard to the issuance or non-issuance of any license for failure to provide evidence of workers' compensation coverage.
The Finance Department is directed to take appropriate actions, including altering the license application form, to require a statement and evidence of workers' compensation insurance.
That this Section shall be in full force and effect from and after August 28, 1993. (Ord. 2530, §1; Ord. 2945, §§1-3; Ord. 3682, §1)
Sec. 25-18. Licenses renewals.
All licenses provided for herein shall be renewed annually. The license period shall be from July 1, through June 30th of each year. For those licenses that have been in business continually for the one year period immediately preceding the renewal date, no new application need be submitted to the Finance Department; a new license will be issued upon payment of the required fee as set forth above. All food processing or food service establishments must procure a favorable health inspection by the health authority sometime during the previous calendar year, at the expense of the applicant. Otherwise the application procedure set forth must be followed. (Ord. 2530, §1; Ord. 3013, §6; Ord. 3054, §2; Ord. 3682, §1)
Sec. 25-19. Duration, expiration of licenses; prorating license fees; penalty for failure to obtain.
- Except as otherwise provided, no license issued under the provisions of this Chapter is to be granted for a longer period or a shorter period of time than one (1) year.
- All licenses issued under this Article will be issued to expire on June 30th first following date of issue.
- Any license issued for a new business or a change of business ownership during the year will be issued to expire on June 30th following date of issue. (Ord. 3236, §3)
- All licenses required to be purchased under this Article will be subject to a penalty of ten (10) percent per month when purchased on or after August first following due date.
- Violations of this section shall be enforced by the Rolla Police Department. (Ord. 2530, §1; Ord. 3054, §2; Ord. 3682, §1)
Sec. 25-20. Refunds of license fee.
No money paid for any license issued under the provisions of this Chapter shall be refunded by the city. (Ord. 2530, §1; Ord. 3682, §1)
Sec. 25-21. Issuance to debtor of city prohibited.
No license or renewal required under the provisions of this Chapter shall be issued to any person if such person or firm is in arrears in the payment of any tax, fee or other charge due to the City. (Ord. 2530, §1; Ord. 3682, §1)
Sec. 25-22. Payment of license tax prior to licensing.
- Required: Any person who desires to procure a license for any of the purposes mentioned in this Chapter, shall, before applying for a business license, pay to the collector of revenue in and for the City any and all delinquent City taxes, including penalties and interest.
- Duty of Finance Department: It shall be the duty of the Finance Department to inform all applicants for licenses under the provisions of this Chapter of the amount of tax to be paid for any specified purpose, and to issue a receipt to all persons so applying for money so paid by such applicants, which receipt shall state amount of money so received, the license purpose for which it was paid, and the time for which such license is to be issued. (Ord. 2530, §1; Ord. 3682, §1)
Sec. 25-23. Duty of city to issue licenses, restrictions.
It shall be the duty of the Finance Department to issue licenses to any and all persons applying therefore and producing the receipt for the correct amount of money specified therefore, for the time and purpose for which such license is to be issued. Provided, that where, by the provisions of this Chapter it shall be necessary for the applicant for any license to do any thing other than pay the Finance Department the correct amount of money and take his/her receipt, as aforesaid, such applicant shall produce and furnish the Finance Department satisfactory evidence that such provisions have been complied with and that all things necessary or required to be done have been done, before a City license shall be issued. Provided further, that the Finance Department shall not issue any license provided for herein without first having been satisfied that the applicant is not delinquent in the payment of any other tax or fee due the City. (Ord. 2530, §1; Ord. 3682, §1)
Sec. 25-24. Annual statement required - Utility.
It is hereby made the duty of every person or firm engaged in utility business to file with the Finance Department on the first day of December of each year, a sworn statement of the gross receipts of such person from such business from the first day of October of the previous year to the thirtieth day of September of the present year. (Ord. 2530, §1; Ord. 3682, §1)
Sec. 25-25. Rummage sales exempt from licenses.
Rummage sales shall be exempt from licenses: Any person holding a rummage sale more than four (4) periods per year, each period not to exceed three (3) days and with each period not to be consecutive three (3)-day periods, shall be declared to be a merchant and shall buy an appropriate license and locate his/her business in a properly zoned area. Set-up and breakdown for each rummage sale shall be limited to twenty-four (24) hours before and after the sales. (Ord. 2530, §1; Ord. 2644, §1; Ord. 3682, §1)
Sec. 25-26. False declaration in application; penalty.
Any person who, in making the application for license required in this Chapter, shall make a false declaration of the information required in said application shall be guilty of an offense and shall be subject to a fine of not less than $50.00 and not more than $500.00 and shall be subject to confinement in jail for a period not to exceed three months and shall be subject to both such fine and confinement. (Ord. 2530, §1; Ord. 3682, §1)
Sec. 25-27. General penalty provisions.
Any person, including all employees of any person, who shall be found guilty of engaging in business within the corporate limits of the City of Rolla, Missouri without first obtaining a license therefore as required by this Chapter shall be subject to confinement in the jail for a period not to exceed (3) three months and shall be subject to both such fine and confinement. (Ord. 2530, §1; Ord. 3682, §1)
Secs. 25-28 to 25-33. Reserved.
Article II - Regulating the Licensing of Private Detectives, Private Security Agencies and Private Watchmen
Sec. 25-34. Business license for private detectives and private security agencies.
It shall be unlawful for any person to do business as or be employed as a private detective, private policeman or private security agency or operate any such business without first having obtained a license to do business under the provisions of Chapter 25 of the Code of the City of Rolla, Missouri. (Ord. 2470, §1; Ord. 3315, §2; Ord. 3682, §1)
Sec. 25-35. Uniform, vehicles, etc.
- Uniforms, if used, by private watchman shall have to be approved in their style and color by the chief of Police prior to being used by the licensee. No police buttons, insignia, decorations which are marked in any way to the Rolla Police Department shall be authorized.
- Badge design, style and colors by private watchman shall have to be approved in their style, color and design by the Chief of Police prior to being used by the licensee.
- For vehicles used by private watchman, any markings will require approval of the Chief of Police prior to being used by the licensee. (Ord. 2470, §11; Ord. 3682, §1)
Secs. 25-36 to 25-41. Reserved.
Article III - Licensing of Telecommunications Companies
Sec. 25-42. License required.
Any telephone or telecommunications company wishing to do business in the City of Rolla, and wishing to avail itself of the privileges of Sections 16-73 through 16-90, and willing to meet the obligations imposed by said Sections, may petition the City Council for that purpose and be granted a license to provide telecommunications services within the City following a public hearing thereon and a majority vote of all the members of the City Council. (Ord. 3216, §1; Ord. 3682, §1)
Sec. 25-43. Payments.
In addition to the other obligations imposed on the licensee by Sections 16-73 through 16-90 is the obligation to make license payments as provided in Section 16-84. (Ord. 3216, §2; Ord. 3682, §1)
Sec. 25-44. Renewal.
Any license herein granted shall be subject to review and renewal by the City Council every two years, unless otherwise provided for under a franchise agreement and may be denied or removed then or at any time upon thirty (30) days prior written notice and following a public hearing, by a majority vote of all the members of the City Council, for failure to satisfy the obligations imposed by Sections 16-73 through 16-90. (Ord. 3216, §3; Ord. 3682, §1)
Sec. 25-45. Definition.
A telecommunications company, as used in this Article, is defined by Section 386.020(51), Revised Statutes of Missouri. (Ord. 3216, §4; Ord. 3682, §1)
Secs. 25-46 to 25-50. Reserved.
Article IV - Licensing of Massage Therapy Establishments
Sec. 25-51. Massage establishments, defined; operating requirements.
- It is hereby found and determined that the business of operating massage therapy establishments affects the public health, safety and general welfare of the people of the City of Rolla
For the purposes of this Article, the following words and phrases shall have the meaning respectively ascribed to them by this section:
Employee means any person over eighteen (18) years age, other than a massage therapist, who renders any service in connection with the operation of a massage therapy business and receives compensation from the operator of the business or patrons.
Licensee means the person to whom a license has been issued to own or operate a massage therapy establishment.
Massage means 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, lotions, ointment or other such 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 any gratuity therefore.
Massage therapy establishment means any establishment having a source of income or compensation derived from the practice of massage and which has a fixed place of business where any person engages in or carries on any of the activities as defined in the definition of "massage" and is licensed by the City of Rolla.
Massage therapist means any person who, for any consideration whatsoever, is licensed by the State of Missouri to engage in the practice of massage therapy.
Outcall massage therapy service means any business, the function of which is to engage in or carry on massages at a location designated by the customer or client rather than at a massage therapy establishment.
Patron means any person over eighteen (18) years of age who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration therefore. Persons under the age of eighteen (18) may receive a massage with written consent of a parent or guardian.
Licensee means the person to whom a license has been issued by the State of Missouri to act in the capacity as a massage therapist.
Recognized school means any school or educational institution licensed to do business as a school or educational institution in the state in which with the American Massage Therapy Association, Inc. and which has been 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 five hundred (500) hours 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 of learning.
Sexual or genital area means genitals, pubic area, buttocks, anus, or perineum of any person, or the vulva or breasts of a female.
- Every portion of the massage therapy establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.
Price rates for all services shall be prominently posted in the reception area in a location available to all prospective customers.
All employees shall be clean and wear clean, nontransparent outer garments, covering the sexual and genital areas, whose use is restricted to the massage therapy 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.
All massage therapy 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.
No massage therapy 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 therapy services.
No person shall permit any person under the age of eighteen (18) years to come or remain on the premises of any massage therapy establishment, as a massage therapist, employee or patron, unless such person is on the premises on lawful business.
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 therapy establishment.
No massage therapy establishment shall be kept open for any purpose between the hours of 10:00 p.m. and 10:00 a.m. (Ord. 3030, §1; Ord. 3658, §2)
Sec. 25-52. License to be issued, when.
No license to operate a massage therapy establishment shall be issued unless an inspection by the building official reveals that the establishment complies with each of the following minimum requirements:
- Construction of rooms for toilets, tubs, steam baths and showers. Construction of rooms used for toilets, tubs, steam baths and showers shall be made waterproof with approved waterproofed materials and shall be installed in accordance with the city plumbing code.
- Steam rooms and shower compartments shall have waterproof floors, walls and ceilings.
- Floors of wet and dry heat rooms shall be adequately pitched to one or more floor drains properly connected to the sewer. Dry heat rooms with wooden floors need not be provided with pitched floors and floor drains.
- A source of hot water must be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning.
- Steam rooms and shower compartments shall have waterproof floors, walls and ceilings.
- Disinfecting and sterilizing equipment. The premises shall have adequate equipment for disinfecting and sterilizing non-disposable instruments and materials used in administering massages. Such non-disposable instruments and materials shall be disinfected after use on each patron.
- 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.
- Toilet facilities. Toilet facilities shall be provided in convenient locations. A single water closet for both sexes may be used if, in the opinion of the building codes official, it would be impractical to provide separate facilities due to building size or other physical limitation. Urinals may be substituted for water closets after one water closet has been provided.
- 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.
- Electrical equipment. All electrical equipment shall be installed in accordance with the requirements of the City electrical code.
The chief of police or his authorized representatives may from time to time make inspection of each massage therapy establishment for the purpose of determining that the provisions of this Chapter are fully complied with. It shall be unlawful for any licensee to fail to allow such inspection officer access to the premises or hinder such officer in any manner. (Ord. 3030, §1; Ord. 3658, §2)
Sec. 25-53. Acts prohibited.
- It shall be unlawful for any person in a massage therapy establishment to touch with his or her hands or other part of the body, to fondle or massage any manner the sexual or genital areas of any other person.
- It shall be unlawful for any person while in the presence of any other person in a massage therapy establishment to fail to conceal with a fully opaque covering the sexual or genital areas of his or her body.
- It shall be unlawful for any licensee hereunder, or any person owning, operating or managing a massage therapy establishment knowingly to cause or permit any massage therapist or employee to perform any of the acts prohibited under state or municipal law. (Ord. 3030, §1; Ord. 3658, §2)
Sec. 25-54. Applicability to existing massage therapists.
This Article shall apply to all licensed persons operating a massage therapy establishment as of the date of passage of this Article.
The name and address of the recognized school 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 five hundred (500) hours of instruction as required under Missouri law.
This Article shall not apply to hospitals, nursing homes, sanitariums, persons holding an un-revoked certificate to practice the healing arts, cosmetologists or manicurists practicing within a salon under the laws of the state or to persons working under the direction of any such persons or in any such establishments, including those certified by the American Massage Therapy Association, Inc. (Ord. 3030, §1; Ord. 3658, §2)
Sec. 25-55. Massage therapy establishment business license, requirements.
It shall be unlawful for any person to engage in or to provide massage therapy services unless a valid business license has been issued by the City pursuant to the provisions of Chapter 25 of the Rolla City Code.
Every applicant for a massage therapy establishment business license shall file an application with the Finance Department upon a form prescribed. Each application shall include information as follows:
- 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;
- The location and mailing address of the proposed business;
- A statement of the services and facilities to be provided;
- A copy of the official Missouri state license issued to the applicant or any person who will provide services as a massage therapist at this location.
The application under this Article shall be referred to the Community Development Department for inspection of the proposed premises. (Ord. 3030, §1; Ord. 3658, §2)
Sec. 25-56. Issuance of permit for a massage therapy establishment.
The Finance Department may issue a license if all requirements for a massage therapy establishment described in this Article are met and may issue a license to all persons who apply to perform massage therapy services unless he finds 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 of Rolla. All persons providing massage therapy services in Rolla shall be licensed by the State of Missouri.
Any message therapy establishment license may be suspended or revoked by the license inspector for the violation of any of the provisions of this Chapter 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 ten (10) days written notice of the specific charges and an opportunity for a public hearing and presentation of evidence bearing upon the question. (Ord. 3030, §1; Ord. 3658, §2)