[Ord. No. 882 §1, 6-8-1994; CC 2000 §5-601; Ord. No. 1218 §1, 12-13-2006; Ord. No. 1556, 9-21-2022; Ord.
No. 1594, 9-20-2023]
As used in this Chapter, the following terms shall have these
prescribed meanings:
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.
Any person, other than massage therapist who renders any
service to a permittee under this Chapter, who receives compensation
from the permittee or patron.
Massage that is conducted in the business premises of a massage
client and is limited to massage therapy applied only while the massage
client is fully clothed.
Any method of pressure on, or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating, or stimulating the
external parts of the human body with the hands or other parts of
the body, with or without the aid of any mechanical or electrical
apparatus or appliances, or with or without supplementary aids such
as rubbing alcohol, liniments, antiseptics, oils, powder, creams,
lotions, ointments or other similar preparations commonly used in
this practice. The regulation of massage therapy in this Chapter,
includes, but is not limited to, subspecialties of massage therapy
such as acupressure, healing touch, cupping, reiki, reflexology, rolfing
and trigger point. Massage therapy does not include the touching in
any fashion of a patron's pubic region, human genitals, perineum,
anal region, and the area of the female breast that includes the areola
and nipple. Massage therapy does not include a licensed healing arts
practitioner performing the services for which they are licensed,
only if the services provided are performed directly by the licensed
healing arts practitioner. For purposes of this Section, a licensed
healing art practitioner is an individual licensed in the State of
Kansas to practice any of the following: medicine, chiropractics,
athletic training, occupational therapy, physical therapy, midwifery,
or advanced practice registered nursing.
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."
Any person who, for any consideration whatsoever, engages
in the practice of massage as herein defined.
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.
[Ord. No. 882 §2, 6-8-1994; CC 2000 §5-602; Ord. No. 1218 §1, 12-13-2006; Ord. No. 1556, 9-21-2022]
No person, firm, partnership, association or corporation shall
operate a massage establishment, as defined herein, without first
having obtained a permit therefor issued by the City Clerk of this
City. Such permit shall be valid only from July first (1st) to June
thirtieth (30th) of each calendar year.
[1]
Editor's Note: Former Section 620.030, Limitations On In-Office
Massage Therapy Permits, which derived from Ord. No.
882 §3, 6-8-1994; CC 2000
§5-603; Ord. No. 1218 §1, 12-13-2006, was repealed 9-21-2022 by Ord. No.
1556.
[Ord. No. 1556, 9-21-2022]
A.
All
massage therapy, other than in-office massage therapy, provided under
the provisions of this Chapter, shall be conducted on the premises
of a licensed massage establishment, except:
1.
Massage therapy may be conducted at a private residence that has been approved by the City Clerk and Community Development Director or designee for a home occupation permit subject to the conditions associated with such home occupation permit, as provided in Chapter 605, Article IV. When operating under a home occupation permit, only individuals residing in the home will be allowed to operate on premise.
2.
Massage therapy may be conducted at a private residence at the direction
of and under the direct supervision of a licensed healing arts practitioner.
[Ord. No. 882 §4, 6-8-1994; CC 2000 §5-604; Ord. No. 1218 §1, 12-13-2006; Ord. No. 1556, 9-21-2022]
No person shall perform massage therapy unless he/she has a
valid massage therapist's permit issued by the City pursuant to the
provisions of this Chapter.
[Ord. No. 882 §5, 6-8-1994; CC 2000 §5-605; Ord. No. 1218 §1, 12-13-2006; Ord. No. 1556, 9-21-2022]
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(D) 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(D) 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, massage establishment, and 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.
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.
7.
Applicants for renewal of an existing license need provide only that
information or documentation necessary to insure up-to-date renewal
application processing.
[Ord. No. 882 §6, 6-8-1994; CC 2000 §5-606; Ord. No. 1218 §1, 12-13-2006; Ord. No. 1556, 9-21-2022]
A.
Any person employed to perform massage therapy, 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(D) 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 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 or diverted on 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.
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.
C.
The
application for a massage therapist permit 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.
Whether such person has ever been convicted of or diverted on any
crime except minor traffic violations since the time of the last issued
license. 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.
4.
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.
[Ord. No. 882 §7, 6-8-1994; CC 2000 §5-607; Ord. No. 1218 §1, 12-13-2006; Ord. No. 1556, 9-21-2022]
A.
To
be eligible for a massage therapist license, an applicant shall provide
proof of the following at the time of application:
1.
Educational Requirements. An initial applicant shall provide proof
that the applicant:
a.
Has successfully completed a course of instruction made up of not
less than five hundred (500) hours of instruction in the theory, method
or practice of massage from a National Certification Board for Therapeutic
Massage and Bodywork approved school; or
b.
Has passed the National Certification Examination for Therapeutic
Massage and Bodywork.
2.
CPR And First Aid. An applicant upon initial application and upon
renewal shall provide proof of current certification in first aid
and in cardiopulmonary resuscitation (CPR) by the American Heart Association
or the equivalent.
3.
Continuing Education Requirements. An applicant upon initial application
and upon renewal and shall provide proof of compliance with continuing
education requirements of the National Certification Board for Therapeutic
Massage and Bodywork or the American Massage Therapy Association in
effect at the time of application.
[Ord. No. 882 §8, 6-8-1994; CC 2000 §5-608; Ord. No. 1218 §1, 12-13-2006; Ord. No. 1556, 9-21-2022]
All or any persons 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 person's permit number, the person's physical description and
a photograph of such person. 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.
[Ord. No. 882 §9, 6-8-1994; CC 2000 §5-609; Ord. No. 1218 §1, 12-13-2006; Ord. No. 1556, 9-21-2022; Ord.
No. 1594, 9-20-2023]
A.
After
the filing of an application in the proper form, the City Clerk shall
examine the application and after such examination shall issue a permit
for a massage establishment unless the City Clerk 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 property maintenance 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; any
of the partners, including limited partners, if the applicant is a
partnership; any of the members, if the applicant is a limited liability
company; or the manager or other person principally in charge of the
operation of the business, having been convicted of or diverted on:
a.
A person felony, as defined by Kansas law;
b.
A non-person felony, as defined by Kansas law, in the ten (10) years
immediately preceding the date of the application;
c.
An offense involving sexual misconduct with children;
d.
Obscenity;
e.
Solicitation of a lewd or unlawful act;
f.
Pandering or other sexually related offenses;
g.
Selling Sexual Relations as defined by K.S.A. 21-6419, Promoting
the Sale of Sexual Relations as defined by K.S.A. 21-6420, or Buying
Sexual Relations as defined by K.S.A. 21-6421, or any other conviction
similar in nature which occurred in another jurisdiction; or
h.
Any violation of the law applicable to massage therapy arising out
of the individual's prior massage establishment(s) or individual massage
therapist license(s) in the ten (10) years immediately preceding the
date of the application.
4.
The applicant has 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, 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; any
of the partners, including limited partners, if the applicant is a
partnership; or any of the members, if the applicant is a limited
liability company; or the manager or other person principally in charge
of the operation of the business, has had a massage establishment
or therapist permit or license denied, revoked or suspended or has
voluntarily surrendered the permit or license in lieu of revocation
or suspension by the City or any other State or local agency within
ten (10) years prior to the date of 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; or any members,
if the applicant is a limited liability company; or 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
massage establishment 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.
C.
The
records of the City shall show the action taken on the application.
D.
If
the application is denied, the applicant shall be immediately notified
by United States First Class Mail, postage prepaid, mailed to the
applicant's home mailing address as identified in the application
packet, which cannot be the establishment address, with the exception
of an establishment in the therapist's home.
E.
Upon
denial, the applicant shall be ineligible to reapply for any license
or permit under this Chapter for a period of one (1) year from the
date of denial. A denied applicant can seek a waiver of the one-year
ineligibility from the Chief of Police, in writing, upon a showing
of good cause or other relevant factors.
[Ord. No. 882 §10, 6-8-1994; CC 2000 §5-610; Ord. No. 1218 §1, 12-13-2006; Ord. No. 1556, 9-21-2022; Ord.
No. 1594, 9-20-2023]
A.
The
City Clerk shall issue a 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 person felony, as defined by Kansas law;
b.
A non-person felony, as defined by Kansas law, in the ten (10) years
immediately preceding the date of the application;
c.
An offense involving sexual misconduct with children;
d.
Obscenity;
e.
Solicitation of a lewd or unlawful act;
f.
Pandering or other sexually related offenses;
g.
Selling Sexual Relations as defined by K.S.A. 21-6419, Promoting
the Sale of Sexual Relations as defined by K.S.A. 21-6420, or Buying
Sexual Relations as defined by K.S.A. 21-6421, or any other conviction
similar in nature which occurred in another jurisdiction; or
h.
Any violation of the law applicable to massage therapy arising out
of the individual's prior massage establishment(s) or individual massage
therapist license(s) in the ten (10) years immediately preceding the
date of the application.
2.
The applicant has 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 had a massage establishment or therapist permit
or license denied, revoked or suspended or has voluntarily surrendered
the permit or license in lieu of revocation or suspension by the City
or any other State or local agency within ten (10) years prior to
the date of application.
5.
The applicant has not attained the age of eighteen (18) years.
6.
The applicant does not satisfy one (1) or more of the other requirements
set forth in this Chapter.
B.
The
records of the City shall show the action taken on the application.
C.
If
the application is denied, the applicant shall be immediately notified
by United States First Class Mail, postage prepaid, mailed to the
applicant's home mailing address as identified in the application
packet, which cannot be the establishment address, with the exception
of an establishment in the therapist's home.
D.
Upon
denial, the applicant shall be ineligible to reapply for any license
or permit under this Chapter for a period of one (1) year from the
date of denial. A denied applicant can seek a waiver of the one-year
ineligibility from the Chief of Police, in writing, upon a showing
of good cause or other relevant factors.
[Ord. No. 882 §11, 6-8-1994; CC 2000 §5-611; Ord. No. 1218 §1, 12-13-2006; Ord. No. 1556, 9-21-2022]
A.
Any permit issued for a massage establishment may be revoked or suspended by the Police Chief after a public hearing before the Police Chief 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 or diverted on 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
Police Chief, before revoking or suspending any permit, shall give
the permittee at least ten (10) days' written notice of the charges
against him/her/them and the opportunity for a public hearing before
the Police Chief, at which time the permittee may present evidence
bearing upon the question. In such cases, the charges shall be specific
and in writing.
C.
All
revocations or suspensions by the Police Chief are appealable to the
Governing Body within ten (10) days of the date the Police Chief issued
the revocation or suspension, provided, the appeal must be in writing
and delivered to the City Clerk.
[Ord. No. 882 §12, 6-8-1994; CC 2000 §5-612; Ord. No. 1218 §1, 12-13-2006; Ord. No. 1556, 9-21-2022]
A.
A massage therapist permit issued by the City Clerk shall be revoked or suspended after a public hearing before the Police Chief or a designated representative where it appears that the employee has been convicted of or diverted on any offense enumerated in Section 620.080 or 620.100 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 Police Chief 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 Police Chief are appealable to the
Governing Body within ten (10) days of the date the Police Chief issued
the revocation or suspension, provided, the appeal must be in writing
and delivered to the City Clerk.
[Ord. No. 882 §13, 6-8-1994; CC 2000 §5-613; Ord. No. 1218 §1, 12-13-2006; Ord. No. 1556, 9-21-2022]
A.
Upon
receipt of an application for a massage establishment license or massage
therapy license, the City Clerk shall provide copies of such application
to the Police Chief and Community Development Director. The Police
Chief and Community Development Director shall report the results
of their investigations, as set forth herein, to the City Clerk in
a timely manner such that the City Clerk may comply with the applicable
time restrictions for issuance or denial of a license.
B.
It
shall be the duty of the Police Chief to investigate the application
and to determine whether the information contained in the application
is accurate and whether the applicant is qualified to be issued a
massage establishment license or massage therapy license.
C.
It
shall be the duty of the Community Development Director or designee
to determine whether the structure where the massage establishment
business is proposed to be located complies with the requirements
of the City's applicable health, zoning, building and property maintenance
codes.
[Ord. No. 882 §14, 6-8-1994; CC 2000 §5-614; Ord. No. 1218 §1, 12-13-2006; Ord. No. 1556, 9-21-2022]
A.
The
Police Department and the City Code Inspector may from time to time
make an inspection of each permitted massage establishment in this
City and any locations where in-office massage therapy is performed,
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 massage establishment or massage therapist permit.
[Ord. No. 882 §15, 6-8-1994; CC 2000 §5-615; Ord. No. 1218 §1, 12-13-2006; Ord. No. 1556, 9-21-2022]
A.
The
operation of any such massage establishment shall be subject to the
following regulations:
1.
License To Be Posted. A massage establishment license shall, at all
times, be displayed by the licensee in an open and conspicuous place
on the premises where the licensed business is conducted.
2.
Limited To Premises. It is unlawful to operate a massage establishment
at any other premises than specified in the license.
3.
Supervision. The licensee shall have the massage establishment supervised
at all times when open for business. The licensee or a person employed
by the business shall be present and personally supervise the massage
establishment and shall not violate, or permit others to violate,
any applicable provision of this Chapter. The violation of any provision
of this Chapter by any employee of the licensee shall be deemed a
violation by the licensee.
4.
Conduct Of Premises. A massage establishment licensee shall at all
times be responsible for the conduct of business on the licensed premises
and for any act or conduct of the licensee's employees which constitutes
a violation of the provisions of this Chapter. Any violation of any
City, State or Federal laws committed on the licensed premises by
any such licensee or employee affecting the eligibility or suitability
of such person to hold a license may be grounds for suspension or
revocation of a license.
5.
Massage Therapist License Required.
a.
It is unlawful for a massage establishment licensee to personally
conduct massage therapy or in-office massage therapy unless the licensee
holds a valid massage therapist license issued by the City.
b.
It is unlawful for any massage establishment licensee to permit or
allow massage therapy on the licensed premises by anyone other than
a licensed massage therapist.
6.
Hours. Each massage establishment shall be closed and operations
shall cease between the hours of 8:30 P.M. and 6:00 A.M. each day
except:
a.
A massage therapist may conduct in-office massage therapy on business
premises having bona fide evening and night shifts; and
b.
A massage therapist who is operating pursuant to a home occupation
license shall be subject to the hours restrictions set forth in applicable
City home occupation regulations.
7.
Customer Number. It is unlawful for massage establishment licensee
to allow multiple customers to be treated in the same room at the
same time unless it is two (2) people being treated on two (2) separate
massage tables or chairs by two (2) separate massage therapists.
8.
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 Code Inspector or other designated
individual.
9.
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 massage establishment permitted under the
provisions of this Chapter or during in-office massage therapy.
10.
Conduct Of Premises. All massage establishment licensees 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.
11.
Cleanliness. Every portion of a permitted massage establishment,
including appliances and personnel, shall be kept clean and operated
in a sanitary condition.
12.
Dressing Rooms. Licensees shall provide a private dressing room on
the licensed premises.
13.
Attire. All employees and massage therapists working at the massage
establishment 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.
14.
Patron Attire. 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.
15.
Linens. 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.
16.
Facilities. Wet and dry heat rooms, shower compartments and toilet
rooms shall be thoroughly cleaned after each use.
17.
Locked Premises. No massage therapy may be offered or provided within
any cubicle, room, booth or other a within the licensed premises which
is fitted with a door than cannot be unlocked from the inside.
[Ord. No. 882 §16, 6-8-1994; CC 2000 §5-616; Ord. No. 1218 §1, 12-13-2006; Ord. No. 1556, 9-21-2022]
A permitted massage establishment 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
massage therapist 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 permitted massage establishment shall constitute a
violation by the permitted massage establishment.
[Ord. No. 882 §17, 6-8-1994; CC 2000 §5-617; Ord. No. 1218 §1, 12-13-2006; Ord. No. 1556, 9-21-2022]
A.
All
massage establishments 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 massage 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.
[Ord. No. 882 §18, 6-8-1994; CC 2000 §5-618; Ord. No. 1218 §1, 12-13-2006; Ord. No. 1556, 9-21-2022]
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 massage therapist or massage establishment 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 massage therapist or massage establishment 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.
[Ord. No. 882 §19, 6-8-1994; CC 2000 §5-619; Ord. No. 1218 §1, 12-13-2006; Ord. No. 1556, 9-21-2022]
No massage 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 massage establishment indicate in the text of such advertising that any service is available other than those services described in Section 620.010.
[Ord. No. 882 §20, 6-8-1994; CC 2000 §5-620; Ord. No. 1218 §1, 12-13-2006; Ord. No. 1556, 9-21-2022]
A.
No
massage 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.
[Ord. No. 882 §21, 6-8-1994; CC 2000 §5-621; Ord. No. 1218 §1, 12-13-2006; Ord. No. 1556, 9-21-2022]
The operators of any existing massage establishment are required
to comply with all provisions of this Chapter.
[Ord. No. 882 §22, 6-8-1994; CC 2000 §5-622; Ord. No. 1218 §1, 12-13-2006; Ord. No. 1556, 9-21-2022; Ord.
No. 1594, 9-20-2023]
The education, CPR and First Aid provisions of Section 620.070 shall not apply to an individual licensed in the State of Kansas to practice any of the following: medicine, chiropractics, athletic training, occupational therapy, physical therapy, midwifery, or advanced practice registered nursing. All other applicable provisions of this Chapter 620 still apply.
[Ord. No. 882 §23, 6-8-1994; CC 2000 §5-623; Ord. No. 1218 §1, 12-13-2006; Ord. No. 1556, 9-21-2022]
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.
[Ord. No. 882 §24, 6-8-1994; CC 2000 §5-624; Ord. No. 1218 §1, 12-13-2006; Ord. No. 1556, 9-21-2022]
A.
All
licensed massage establishments shall be operated from a commercial
business premise. Sole practitioners (therapists who work alone),
are required to have both a massage therapist permit and massage establishment
permit and to work from a licensed premise.
B.
Massage
therapy is not permitted in the guest rooms of hotels unless the hotel
is licensed as a massage establishment and the massage therapy is
conducted by a licensed massage therapist employed by the hotel.
