City of Mission, KS
Johnson County
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Table of Contents
Table of Contents

Section 620.010 Definitions.

[Ord. No. 882 §1, 6-8-1994; CC 2000 §5-601; Ord. No. 1218 §1, 12-13-2006]
As used in this Chapter, the following terms shall have these prescribed meanings:
BUSINESS PREMISES
Those premises where a private or public commercial enterprise is conducted, but specifically not to include businesses conducted in a private residence, premises used for joint residential and business purposes, hotels and motels.
EMPLOYEE
Any person, other than massage therapist who renders any service to a permittee under this Chapter, who receives compensation from the permittee or patron.
IN-OFFICE MASSAGE THERAPY
Massage that is conducted in the business premises of a massage client and is limited to massage therapy applied only above the massage client's waist.
MASSAGE
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. Massage as defined herein does not include the touching in any fashion of human genitalia.
MASSAGE ESTABLISHMENT
Any establishment having a place of business where any person engages in or carries on or permits to be engaged in or carried on any of the activities mentioned in "Massage" above for compensation but does not include "in-office massage therapy establishments".
MASSAGE THERAPIST
Any person who, for any consideration whatsoever, engages in the practice of massage as herein defined.
PATRON
Any person who utilizes or receives the services of any establishment subject to the provisions of this Chapter and under such circumstances that it is reasonably expected that he/she will pay money or give any other consideration therefor, provided a person under the age of twelve (12) may utilize or receive massage therapy from a licensed massage therapist if accompanied at all times during such service by a parent or legal guardian and, provided further, a person ages twelve (12) through eighteen (18) may also utilize or receive such massage therapy if a parent or legal guardian has authorized such therapy in writing.
RECOGNIZED SCHOOL
Any school or institution of learning accredited or licensed in the State in which it operates by the respective Board of Education or other governmental equivalent, which has for its purpose the teaching of the theory, method, profession or work of massage, which school requires a course of study not less than five hundred (500) hours to be given in not more than twenty-four (24) 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.

Section 620.020 Permit Required.

[Ord. No. 882 §2, 6-8-1994; CC 2000 §5-602; Ord. No. 1218 §1, 12-13-2006]
No person, firm, partnership, association or corporation shall operate an in-office massage therapy establishment or massage establishment, as defined herein, without first having obtained a permit therefor issued by the Governing Body of this City. A separate permit shall be required for each and every separate place of business conducted by any one (1) permittee, such permit shall be valid only from July first (1st) to June thirtieth (30th) of each calendar year, provided individuals conducting in-office massage therapy as defined by this Article shall be required to hold only one (1) permit, provided further, that individuals conducting massage on permanent premises in addition to providing in-office massage therapy must hold a separate permit for in-office massage therapy and for the massage establishment conducted on permanent premises.

Section 620.030 Limitations On In-Office Massage Therapy Permits.

[Ord. No. 882 §3, 6-8-1994; CC 2000 §5-603; Ord. No. 1218 §1, 12-13-2006]
The authority granted a permittee issued an in-office massage therapy permit is limited to the authority to conduct massage therapy on the non-permanent office premises of the permittee's clients and specifically does not include the authority to conduct massage therapy at a permanent premises operated by the permittee, provided the permittee must have a permanent business office located within the City. If the permittee desires to conduct massage therapy both on the non-permanent office premises of the permittee clients and a permanent premises operated by the permittee, the applicant must obtain a separate permit for in-office massage therapy and a massage establishment permit by submitting separate applications for each, provided only one (1) permit fee shall be charged for both applications.

Section 620.040 Massage Therapist Permit Required.

[Ord. No. 882 §4, 6-8-1994; CC 2000 §5-604; Ord. No. 1218 §1, 12-13-2006]
No person shall perform massage therapy or in-office massage therapy unless he/she has a valid massage therapist's permit issued by the City pursuant to the provisions of this Chapter.

Section 620.050 Application For Business Permit — Fees.

[Ord. No. 882 §5, 6-8-1994; CC 2000 §5-605; Ord. No. 1218 §1, 12-13-2006]
A. 
Every applicant for a permit to maintain, operate or conduct any establishment covered by this Chapter shall file an application with the City Clerk and pay an initial filing fee as set out in Section 103.050(F)(1) of this Code which shall not be refundable or prorated. Every applicant for a renewal permit to maintain, operate or conduct any establishment covered by this Chapter shall file an application with the City Clerk and pay a renewal filing fee calculated on the basis of the square footage occupied by the business without regard to use, including outside area, in accordance with the schedule set out in Section 103.050(F)(2) of this Code.
B. 
The initial and renewal application for a permit to operate any such establishment shall set forth the exact nature of the services to be provided, the proposed place of business and facilities therefor and the name, address and telephone number of each applicant, including any stockholder holding more than ten percent (10%) of the stock of the corporation, any partner, when a partnership is involved, and any manager.
C. 
If applicable, any applicant for a permit shall provide a current complete description of and legible floor plan(s) of the business premises and storage areas and containing all areas in which the applicant desires to conduct the business.
D. 
Each applicant shall provide a complete description for any other business to be operating on the same premises or on adjoining premises owned or controlled by the applicant.
E. 
In addition to the foregoing, any applicant for a permit shall furnish the following information with the original application and any renewal application:
1. 
Written proof that the applicant is at least eighteen (18) years old.
2. 
Two (2) portrait photographs at least two (2) inches by two (2) inches and fingerprints taken by the Police Department of the City.
3. 
Business, occupation or employment of the applicant for the three (3) years immediately preceding the date of application.
4. 
The massage, in-office massage therapy establishment, studio business license history of the applicant; whether such person, in 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, fully disclosing the jurisdiction in which convicted and the offense for which convicted and circumstances thereof.
6. 
In the case of an in-office massage therapy establishment or massage establishment application, each person shall submit a health certificate from a physician duly licensed in either Missouri or Kansas stating that the applicant has, within thirty (30) days prior thereof, been examined and found to be free of any contagious or communicable disease.
7. 
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 permit.
8. 
Applicants for renewal of an existing license need provide only that information or documentation necessary to insure up-to-date renewal application processing.

Section 620.060 Application For Massage Therapist Permits — Fees.

[Ord. No. 882 §6, 6-8-1994; CC 2000 §5-606; Ord. No. 1218 §1, 12-13-2006]
A. 
Any person employed to perform any services in a massage establishment or in-office massage therapy establishment, as defined herein, shall file a written application with the City Clerk and pay an annual filing fee as set out in Section 103.050(F)(3) of this Code which shall not be refundable or prorated. This fee shall cover the cost of processing the application to include the FBI fingerprint fee and the KBI fingerprint fee. Only one (1) massage therapist permit shall be required regardless of the activity or activities permitted by this Chapter.
B. 
The application for a massage therapist permit and any renewal application shall contain the following:
1. 
Name, address and telephone number.
2. 
Two (2) portrait photographs at least two (2) inches by two (2) inches.
3. 
Applicant's weight, height, color of hair and eyes and fingerprints taken by the Mission Police Department.
4. 
Written evidence that the applicant is at least eighteen (18) years old.
5. 
Business, occupation or employment of the applicant for the three (3) years immediately preceding the date of 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. 
A statement in writing from a licensed physician in the State of Kansas or Missouri that he/she has examined the applicant and believes the applicant to be free of any contagious or communicable diseases.
8. 
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 permit.

Section 620.070 Education Requirements — Massage Therapist.

[Ord. No. 882 §7, 6-8-1994; CC 2000 §5-607; Ord. No. 1218 §1, 12-13-2006]
A. 
Any person, including an applicant for an in-office massage therapy establishment or a massage establishment permit, who engages or intends to engage in the practice of massage, as herein defined, shall, upon making application for a permit, supply the name and address of any recognized schools 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 in the theory, method or practice of massage. The educational and training requirements required by this Section may be received from more than one (1) school, provided all instructional hours offered toward meeting the five hundred (500) hour requirement must be accepted by the educational institution or school that issues the certificate of graduation submitted by the applicant.
B. 
In addition to the five hundred (500) hours of instruction, each massage therapist (whether holding an existing employee permit or as an applicant) must obtain certification in American Red Cross first aid and American Heart Association CPR or the equivalent and receive instruction from a university, junior college or a medical facility associated with either or other instruction acceptable to the City Clerk, on clinical practices and safeguards related to blood-born pathogens including, but not limited to, AIDS and hepatitis.
C. 
Each licensed massage therapist must show proof that he/she has received a minimum of twelve (12) hours of professional massage continuing education offered through a recognized school defined in Section 620.010 above during the preceding twelve (12) month licensing period. One (1) hour continuing education credit will be allotted for each hour of attendance at programs relating to massage therapy, clinical business and related hygiene practices. At least once every two (2) years such continuing education shall include instruction upon clinical practices and safeguards related to blood-born pathogens.
D. 
Proof of completion of educational and training requirements must be by certified transcript or other form of certificate acceptable to the City Clerk.

Section 620.080 Identification Cards.

[Ord. No. 882 §8, 6-8-1994; CC 2000 §5-608; Ord. No. 1218 §1, 12-13-2006]
All or any employee issued a permit by the City Clerk under the provisions of this Chapter shall, at all times when working in an establishment subject to the provisions of this Chapter, have in their possession a valid identification card issued by the City bearing the employee's permit number, the employee's physical description and a photograph of such employee. Such identification cards shall be laminated to prevent alteration. Provided, that all persons granted permits under this Chapter shall at all times keep their permits available for inspection upon request of any person who by law may inspect same.

Section 620.090 Issuance of Business Permit.

[Ord. No. 882 §9, 6-8-1994; CC 2000 §5-609; Ord. No. 1218 §1, 12-13-2006]
A. 
After the filing of an application in the proper form, the Governing Body shall examine the application and after such examination shall issue a permit for an in-office massage therapy establishment or massage establishment unless the Governing Body finds that:
1. 
The correct permit fee has not been tendered to the City and, in the case of a check or bank draft, honored with payment upon presentation.
2. 
The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws including, but not limited to, the City's building, zoning and health regulations.
3. 
The applicant, if an individual, or any of the stockholders holding more than ten percent (10%) of the stock of the corporation, any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business, having been convicted of or diverted on:
a. 
A felony;
b. 
An offense involving sexual misconduct with children;
c. 
Obscenity;
d. 
Promoting prostitution as defined by K.S.A. 21-3513;
e. 
Solicitation of a lewd or unlawful act;
f. 
Prostitution; or
g. 
Pandering.
4. 
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 in conjunction therewith.
5. 
The applicant has had a massage establishment, as defined herein, or other similar permit or license denied, revoked or suspended for any of the above causes by the City or any other State or local agency within five (5) years prior to the date of the application.
6. 
The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business is not over the age of eighteen (18) years.
7. 
The manager or other person principally in charge of the operation of the business would be ineligible to receive a permit under the provisions of this Chapter.
B. 
Any permit issued under the provisions of this Chapter 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 620.100 Issuance of Employee Permit.

[Ord. No. 882 §10, 6-8-1994; CC 2000 §5-610; Ord. No. 1218 §1, 12-13-2006]
A. 
The City Clerk shall issue an massage therapist permit within twenty-one (21) days following application, unless he/she finds that:
1. 
The application for the massage therapist permit has been convicted of or diverted on:
a. 
A felony;
b. 
An offense involving sexual misconduct with children;
c. 
Obscenity;
d. 
Promoting prostitution as defined by K.S.A. 21-3513;
e. 
Solicitation of a lewd or unlawful act;
f. 
Prostitution; or
g. 
Pandering.
2. 
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 in conjunction therewith.
3. 
The correct permit fee has not been tendered to the City and, in the case of a check or bank draft, honored with payment upon presentation.
4. 
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 620.110 Revocation or Suspension of Permit.

[Ord. No. 882 §11, 6-8-1994; CC 2000 §5-611; Ord. No. 1218 §1, 12-13-2006]
A. 
Any permit issued for an in-office massage therapy establishment or a massage establishment may be revoked or suspended by the Governing Body after a public hearing before the Governing Body where it is found that any of the provisions of this Chapter are violated or the provisions for issuance of any permit are violated or where the permittee or any employee of the permittee, including a massage therapist, has been convicted of any offense found in Sections 620.080 and 620.090 herein and the permittee has actual or constructive knowledge of the violation or conviction or, in any case, where the permittee or licensee refused to permit any duly authorized Police Officer or health inspector of the City to inspect the premises or the operations of the permittee or if the permittee or its employees are determined to have a communicable disease.
B. 
The Governing Body, before revoking or suspending any permit, shall give the permittee at least ten (10) days' written notice of the charges against him/her and the opportunity for a public hearing before the Governing Body, at which time the permittee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing.

Section 620.120 Revocation of Massage Therapist Permit.

[Ord. No. 882 §12, 6-8-1994; CC 2000 §5-612; Ord. No. 1218 §1, 12-13-2006]
A. 
An massage therapist permit issued by the City Clerk shall be revoked or suspended after a public hearing before the City Administrator or his/her designated representative where it appears that the employee has been convicted of any offense enumerated in Section 620.090 or for violation of any of the provisions of this Chapter to include the application standards.
B. 
The City Clerk, before revoking or suspending any employee permit, shall give the employee at least ten (10) days' written notice of the examination into his/her conviction record and the opportunity for a public hearing before the City Administrator or his/her designated representative, at which hearing the relevant facts regarding the occurrence of the conviction shall be determined.
C. 
All revocations or suspensions by the City Clerk are appealable to the Governing Body within ten (10) days of the revocation or suspension, provided the appeal must be in writing and delivered to the City.

Section 620.130 Facilities Necessary.

[Ord. No. 882 §13, 6-8-1994; CC 2000 §5-613; Ord. No. 1218 §1, 12-13-2006]
A. 
No permit to conduct a massage establishment shall be issued unless an inspection by the Code Inspector or his/her authorized representative reveals that the establishment complies with each of the following minimum requirements:
1. 
The walls shall be clean and painted with washable, mold-resistant paint in all rooms where water or steam baths are given. Floors shall be free from any accumulation of dust, dirt or refuse. All equipment used in the business's operation shall be maintained in a clean and sanitary condition. Towels, linen and items for personal use of operators and patrons shall be clean and freshly laundered. Towels, cloths and sheets shall not be used for more than one (1) patron. Heavy, white paper may be substituted for sheets provided that such paper is changed for every patron. No service or practice shall be carried on within any cubicle, room, booth or any area within any permitted establishment which is fitted with a door capable of being locked. These provisions are not applicable to an in-office massage therapy establishment.
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. These provisions are not applicable to an in-office massage therapy establishment.
3. 
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. These provisions are not applicable to an in-office massage therapy establishment.
B. 
The Code Inspector shall certify that the proposed business establishment complies with all of the requirements of this Section and shall give or send such certification to the Chief of Police. Provided however, that nothing contained herein shall be construed to eliminate other requirements of Statute or ordinance concerning the maintenance of premises nor to preclude authorized inspection thereof.

Section 620.140 Inspection — Immediate Right of Entry.

[Ord. No. 882 §14, 6-8-1994; CC 2000 §5-614; Ord. No. 1218 §1, 12-13-2006]
A. 
The Police Department and the City Code Inspector may from time to time make an inspection of each permitted establishment in this City, to include those locations where there is an in-office massage therapy establishment, for the purpose 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 immediate access to the premises or to hinder such officer in any manner.
B. 
Provided, that any failure on the part of any permittee or employee to grant immediate access to such inspector shall be grounds for the revocation or suspension of any business or massage therapist permit.

Section 620.150 Operation Regulations.

[Ord. No. 882 §15, 6-8-1994; CC 2000 §5-615; Ord. No. 1218 §1, 12-13-2006]
A. 
The operation of any such in-office massage therapy establishment or massage establishment shall be subject to the following regulations:
1. 
Hours. Such business shall be closed and operations shall cease between the hours of 8:30 P.M. and 6:00 A.M. each day.
2. 
Separation of sexes. It shall be unlawful for customers of opposite sex to receive treatment in the same room or the same quarters at the same time. This provision is not applicable to in-office massage therapy establishments.
3. 
Danger to safety, health. No service shall be given which is clearly dangerous or harmful in the opinion of the Code Inspector to the safety or health of any person and after such notice in writing has been delivered to the licensee from such Director.
4. 
Alcoholic beverages. No alcoholic beverages or cereal malt beverages, nor the consumption thereof, shall be allowed, permitted or suffered to be done in or upon any premises permitted under the provisions of this Chapter or during in-office massage therapy.
5. 
Conduct of 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/her employees which constitutes a violation of the provisions of this Chapter. Any violation of the City, State or Federal laws committed on the permitted premises by any such permittee or employee affecting the eligibility or suitability of such person to hold a license or permit may be grounds for suspension or revocation of same.
6. 
Every portion of a permitted establishment, including appliances and personnel, shall be kept clean and operated in a sanitary condition.
7. 
All employees shall be clean and wear clean outer garments which use is restricted to the permitted establishment. On all premises, except in-office massage therapy establishments, 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.
8. 
All employees and massage therapists must be modestly attired. Diaphanous, flimsy, transparent, form-fitting or tight clothing is prohibited. Clothing must cover the employees' and massage therapist's chests at all times. Hemlines of skirts, dresses or other such attire may be no higher than the top of the knee.
9. 
The private parts of patrons must be covered by towels, cloths or undergarments when in the presence of an employee or massage therapist. Any contact with a patron's genital area is strictly prohibited.
10. 
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 approved, sanitary manner.
11. 
Wet and dry heat rooms, shower compartments and toilet rooms shall be thoroughly cleaned after each use.

Section 620.160 Supervision.

[Ord. No. 882 §16, 6-8-1994; CC 2000 §5-616; Ord. No. 1218 §1, 12-13-2006]
A permittee shall have the premises supervised at all times when open for business. (Any business rendering massage services shall have one (1) person who qualifies as a massage therapist on the premises at all times while the establishment is open.) The permittee shall personally supervise the business and shall not violate or permit others to violate any applicable provision of this Chapter. The violation of any such provision by any agent or employee of the permittee shall constitute a violation by the permittee.

Section 620.170 Employee and Patron Registers.

[Ord. No. 882 §17, 6-8-1994; CC 2000 §5-617; Ord. No. 1218 §1, 12-13-2006]
A. 
All operators permitted under the provisions of this Chapter shall keep and maintain on their premises a current register of all their massage therapists showing such employee's name, address and permit number. Such register shall be open to inspection at all reasonable times by any health inspector or members of the City Police Department.
B. 
Every person who engages in or conducts a permitted establishment shall keep a daily register, approved as to form by the Police Department, of all patrons with names, ages (if under eighteen (18)), addresses and hours of arrival and, if applicable, the rooms or cubicles assigned. The daily register shall at all times during business hours be subject to inspection by City health officials and by the Police Department and shall be kept on file for one (1) year.

Section 620.180 Persons Under Age Eighteen Years Old Prohibited On Premises.

[Ord. No. 882 §18, 6-8-1994; CC 2000 §5-618; Ord. No. 1218 §1, 12-13-2006]
No person shall permit any person under the age of eighteen (18) years of age to come or remain on the premises of any permitted business establishment as massage therapist or employee. No permittee shall perform or permit any massage to be provided to a person under the age of twelve (12) except in the presence of such child's parent or legal guardian. No permittee shall perform or permit any massage to be provided to a person between the ages of twelve (12) through eighteen (18) without the written authority of the child's parent or guardian and such written evidence of authority shall be kept with the daily register required pursuant to Section 620.170 of this Code.

Section 620.190 Advertising.

[Ord. No. 882 §19, 6-8-1994; CC 2000 §5-619; Ord. No. 1218 §1, 12-13-2006]
No 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 620.010 or that employees or massage therapists are dressed in any manner other than described in Section 620.150, nor shall any establishment indicate in the text of such advertising that any service is available other than those services described in Section 620.010.

Section 620.200 Transfer of Permits — Other Licenses and Fees.

[Ord. No. 882 §20, 6-8-1994; CC 2000 §5-620; Ord. No. 1218 §1, 12-13-2006]
A. 
No massage business, in-office massage therapy establishment or massage therapist permits are transferable, separate or divisible and such authority as a permit confers shall be conferred only on the permittee named therein.
B. 
Any applications made, fees paid and permits obtained under the provisions of this Chapter shall be in addition to and not in lieu of any other fees, permits or licenses required to be paid or obtained under any other ordinances of this City.

Section 620.210 Applicability To Existing Businesses.

[Ord. No. 882 §21, 6-8-1994; CC 2000 §5-621; Ord. No. 1218 §1, 12-13-2006]
The operators of any existing massage establishment or in-office massage therapy establishment are required to comply with all provisions of this Chapter.

Section 620.220 Exceptions.

[Ord. No. 882 §22, 6-8-1994; CC 2000 §5-622; Ord. No. 1218 §1, 12-13-2006]
The provisions of 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 this State or persons working under the direction of any such persons or in any such establishment, nor shall this Chapter apply to barbers or cosmetologists lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by this State.

Section 620.230 Further Regulations.

[Ord. No. 882 §23, 6-8-1994; CC 2000 §5-623; Ord. No. 1218 §1, 12-13-2006]
The City Administrator or his/her designee or the Code Inspector may, after a public hearing, make and enforce reasonable rules and regulations not in conflict with, but to carry out, the intent of this Chapter.

Section 620.240 Restriction of Business To Premises.

[Ord. No. 882 §24, 6-8-1994; CC 2000 §5-624; Ord. No. 1218 §1, 12-13-2006]
A. 
All business or activity provided for under this Chapter (not to include in-office massage therapy) shall be conducted and performed on the premises of a licensed massage therapy establishment, provided massage therapy may be conducted in a private residence under the following conditions:
1. 
If done at the direction of a licensed healing arts practitioner; or
2. 
If done at the written request of a person, on a form provided by City Clerk that shall provide the name and address of the requesting person, the date and time of the service and the fees charged for the service. When private residence massage therapy is offered, whether by telephone, in person or in writing, the person offering such service must state clearly that they are a licensed massage therapist or that the service will be performed by a licensed massage therapist and that prior to any service being provided the person requesting the service will be required to sign a form requesting the service. All such written requests shall be kept by the licensed massage therapy establishment for a period of one (1) year and shall be produced for inspection when requested by any City official. Private residence massage therapy shall not be conducted between the hours of 10:00 P.M. and 9:00 A.M.
B. 
All licensed massage therapy establishments shall be operated from a commercial business premise. Operation of such an establishment in a private home, residence or non-commercial business establishment is prohibited. Sole practitioners (therapists who work alone), are required to have both a massage therapist permit and massage therapy establishment permit and to work from a commercial business premise.
C. 
Massage therapy is not permitted in the guest rooms of hotels unless the hotel is licensed as a massage therapy establishment and the massage therapy is conducted by a licensed massage therapist employed by the hotel.