[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:
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 while the massage client is fully clothed.
MASSAGE or MASSAGE THERAPY
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.
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.
[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 §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.