For the purpose of this article, the following words shall be considered to have the following meanings:
(a) Business Premises means those premises where a private or public commercial enterprise is conducted, but specifically not to include businesses conducted in a private residence or premises used for joint residential and business purposes.
(b) In-Office Massage means any Massage Therapy performed on the business premises of a massage patron.
(c) Massage Business means any Massage Establishment or Off-Premises Massage Business.
(d) Massage Establishment means any establishment where any person, firm, partnership, association, or corporation primarily engages in or carries on or licenses to be engaged in or carried on any of the activities mentioned in subsection F of this section for compensation. An establishment may operate from a business or corporate location or in the establishment licensee’s home, subject to the requirements of this article.
(e) Massage Therapist means any person whom, for any consideration whatsoever, engages in the practice of massage as defined in this article.
(f) Massage Therapy means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, reflexology, 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, liniment, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice. 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.
(g) Off-Premises Massage means any Massage Therapy performed at a patron’s private residence in the City.
(h) Off-Premises Massage Business means any business, not located in the City, where any person, firm, partnership, association, or corporation engages in or carries on or licenses to be engaged in or carried on any of the activities mentioned in B. or G. of this section for compensation.
(i) Patron means any person who utilizes or receives the services of any establishment subject to the provisions of this article and under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration therefor.
(j) Recognized School means any school or institution of learning which has for its purpose the teaching of the theory, method, profession, or work of Massage Therapy, which school requires a resident course of study consistent with all the requirements put forth by the National Certification Examination for Therapeutic Massage and Bodywork 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.
(Ord. 1089)
No person, firm, partnership, association or corporation shall perform Massage Therapy or operate a Massage Business, as defined in this article, without first having obtained a license from this City. Such license shall be valid only from January 1st to December 31st of each calendar year.
(Ord. 1089)
(a) Any person desiring a license to maintain or operate any Massage Business shall make an application to the City Clerk. Such application shall be verified and upon a form prepared by the City Clerk and shall contain:
(1) The name, Social Security Number, address, and telephone number of each applicant and any operator;
(2) The exact nature of the services to be provided;
(3) The proposed place of business and facilities, including evidence of applicant’s ability to secure a lease for the space and contact information for the landlord, where applicable;
(4) Written proof that all establishment applicant(s) and all managers are at least 18 years of age by providing a copy of a current state or federal issued form of identification;
(5) All stockholders holding more than ten percent of the stock of the corporation, any partner, when a partnership is involved, and any manager;
(6) Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application;
(7) Fingerprints;
(8) The Massage Therapy 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 place and the reasons, and the business activity or occupation subsequent to such action of suspension or revocation;
(9) Any criminal convictions, except minor traffic violations, fully disclosing the jurisdiction in which convicted and the offense for which convicted and the circumstances;
(10) 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 qualifications of the applicants for the license;
(11) A copy of the State of Kansas Certificate of Good Standing, where applicable; and
(12) A fully completed application for a Certificate of Occupancy, where applicable.
(b) In the case of any establishment applicant who intends to personally provide massage therapy services at the establishment, or to personally provide off-premises or in-office massage, each such applicant must also apply for and receive a massage therapist license as provided in this article.
(c) Each applicant under this article shall pay an initial filing fee to the City Clerk in an amount set by resolution of the governing body from time to time. Such fee shall not be refundable or prorated.
(d) No Massage Business licenses are transferable, separate or divisible, and such authority as a license confers shall be conferred only on the licensee named therein.
(e) Upon submission of a request for renewal on a form provided by the City and a fee, an expiring massage therapy establishment license may be renewed by the City Clerk if there has been no change in ownership. Such fee will be adopted by the Governing Body by resolution. All requests for renewal must be received by the City at least thirty (30) days prior to the expiration of the license. The City will make reasonable efforts to notify licensees of an upcoming expiration of a license, but the City's failure to provide such notice or the failure to receive such notice shall not relieve the licensee from the requirement to file all required renewal paperwork at least thirty (30) days prior to expiration of the current license.
(f) If the renewal request is not received at least thirty (30) days prior to the expiration, the City Clerk may be unable to process the renewal request prior to the expiration of the license. The renewal form will require a notarized statement that there have been no criminal offenses (except minor traffic violations) charged against the applicant or criminal offenses charged on, against or related to the massage therapy establishment within the preceding twelve (12) months.
(g) No suspended license will be renewed. If a suspended license lapses during a suspension period, a new application for a massage therapist license may only be filed upon the expiration of the period of suspension.
(Ord. 1089)
(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 license for a Massage Business unless the City Clerk finds that:
(1) The correct fee has not been tendered to the City, and, in the case of a check or bank draft, honored with payment upon presentation;
(2) For a Massage Establishment, the operation, as proposed by the applicant, if licensed, would not comply with all applicable laws, including, but not limited to, the City's building, zoning and health regulations. A Massage Establishment as an accessory use may be licensed in the Commercial, Downtown Commercial, or Residential zoning districts. This section does not apply to an Off-Premises Massage Business.
(3) The applicant, if an individual; or any of the stockholders holding more than ten percent 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, have been convicted of any crime that includes:
(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 application;
(C) Any offense involving sexual misconduct with children;
(D) Any offense under K.S.A. 21-3436 and amendments thereto that is defined as an inherently dangerous felony;
(E) Any sex offense that falls under article K.S.A Chapter 21, Article 35 and amendments; and
(F) Any offense under K.S.A. 59-29a02 and any amendments thereto that is identified as an act undertaken by a sexually violent predator.
(4) The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the license application or in any document required by the City in conjunction with;
(5) The applicant has had a Massage Business license, as defined in this article, 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) Any establishment applicant or manager has previously been issued a license for an adult entertainment business or escort service or has been employed by any such establishment.
(7) 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;
(8) The manager or other person principally in charge of the operation of the business would be ineligible to receive a license under the provisions of this article.
(b) Any license issued under the provisions of this article to the applicant of a Massage Establishment, shall at all times be displayed by the licensee in an open and conspicuous place on the premises where the licensed business is conducted.
(c) Any license issued under the provisions of this article to the applicant of an Off-Premises Massage Business, shall be openly displayed at all times while Massage Therapy services are being rendered to the patron.
(Ord. 1089)
Any massage business license issued under the provisions of this article must be displayed at all times by the licensee in an open and conspicuous place in the massage establishment.
(Ord. 1089)
(a) Any license issued for a Massage Business may be suspended by the Governing Body after a public hearing before the Governing Body where it is found:
(1) that any of the provisions of this article are violated; or
(2) where the licensee or any employee of the licensee, including a Massage Therapist, has been charged with any offense found in Section 5-604 of this article; or
(3) in any case, where the licensee refuses to permit any duly authorized Police Officer, Fire Inspector, or the Codes Administration Division of the City to inspect the premises or the operations therein.
(b) The Governing Body, before suspending any license, shall give the licensee at least ten (10) days' written notice of the charges against him and the opportunity for a public hearing before the Governing Body, at which time the licensee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing. The decision of the Governing Body or designated representative is final.
(c) A suspension based on a charged criminal offense is effective until a court of competent jurisdiction rules on the criminal offense.
(Ord. 1089)
(a) Any license issued for a Massage Business may be revoked by the Governing Body after a public hearing before the Governing Body where it is found:
(1) that any of the provisions of this article are violated;
(2) or where the licensee or any employee of the licensee, including a Massage Therapist, has been convicted of any offense found in Section 5-604 of this article and the licensee has actual or constructive knowledge of the violation or conviction;
(3) or in any case, where the licensee refuses to permit any duly authorized Police Officer, Fire Inspector, or the Codes Administration Division of the City to inspect the premises or the operations therein.
(b) The Governing Body, before revoking any license, shall give the licensee at least ten (10) days' written notice of the charges against him and the opportunity for a public hearing before the Governing Body, at which time the licensee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing. The decision of the Governing Body or designated representative is final.
(Ord. 1089)
(a) No person shall perform massage therapy, as defined in this article, in a massage establishment, or in an in-office or off-premises setting, without first having obtained a license therefor, issued by the City. It is unlawful to perform such services unless the license issued is current, unrevoked and not suspended.
(b) A massage therapist must be employed by a Massage Business licensed in the City. A licensed massage therapist must immediately notify the City Clerk in writing, within thirty (30) days, of any change in information concerning the licensee’s original application.
(Ord. 1089)
(a) Any person, including an applicant for a massage business license, who engages or intends to engage in the practice of massage therapy as defined in this article, shall upon making application for a license, supply the following:
(1) name and address of the recognized school attended,
(2) the date attended, and
(3) a copy of the diploma or certificate of graduation showing that the applicant has successfully completed a minimum of five hundred (500) hours of instruction in massage therapy.
In lieu of the required five hundred (500) hours, proof that the applicant has passed the National Certification Examination for Therapeutic Massage and Bodywork will be accepted as proof of fulfillment of this requirement of completion of a course of instruction.
(b) Every applicant for a license or a renewal of any said business wishing to practice massage therapy described in this article must have successfully completed certification in American Red Cross first aid and American Heart Association CPR or equivalent.
(c) Individuals licensed with the City as a massage therapist for at least five (5) consecutive years as of the effective date of this article may renew that license notwithstanding an inability or failure to satisfy the minimum education requirements set forth above, and continue to renew such license so long as there are no lapses in active licensure and the individual continues to satisfy all other requirements of this article.
(Ord. 1089)
(a) Any person desiring a massage therapist license shall make an application to the City Clerk. Such application shall be verified and upon a form prepared by the City Clerk and shall contain:
(1) Name, Social Security Number, address, and telephone number;
(2) Applicant's weight, height, color of hair and eyes, and fingerprints;
(3) Written evidence that the applicant is at least eighteen (18) years old;
(4) Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application;
(5) Whether such person has ever been convicted of any crime except minor traffic violations; if any person mentioned in this subdivision 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;
(6) The position or function the applicant is being hired to perform within such massage business;
(7) A copy of a valid government-issued identification card;
(8) The licensed massage business where the therapist will be employed;
(9) 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 qualifications of the applicant for the license; and
(10) Proof of satisfaction of the massage therapist qualifications set forth in this article.
(b) Each applicant under this article shall pay an initial filing fee to the City Clerk in an amount set by resolution of the governing body from time to time. Such fee shall not be refundable or prorated.
(c) No massage therapist licenses are transferable, separate or divisible, and such authority as a license confers shall be conferred only on the licensee named therein.
(d) In the case of any establishment applicant who intends to personally provide massage therapy services at the establishment, or to personally provide off-premises or in-office massage, each such applicant must also apply for and receive a massage therapist license as provided in this article.
(e) Upon submission of a request for renewal, on a form provided by the City, and a fee, an expiring massage therapist license may be renewed by the City Clerk. Such fee will be adopted by the Governing Body by resolution. All requests for renewal must be received by the City at least thirty (30) days prior to expiration of the license. The City will make reasonable efforts to notify licensees of an upcoming expiration of a license, but the City's failure to provide such notice or the failure to receive such notice shall not relieve the licensee from the requirement to file all required renewal paperwork at least thirty (30) days prior to expiration of the current license. If the renewal request is not received at least (30) days prior to expiration, the City Clerk may be unable to process the renewal request prior to the expiration of the license. The renewal form will require a notarized statement that the applicant has not been charged with any criminal offense (except minor traffic violations) within the preceding twelve (12) months.
(f) No suspended license will be renewed. If a suspended license lapses during a suspension period, a new application for a massage therapist license may only be filed upon the expiration of the period of suspension.
(Ord. 1089)
The City Clerk shall issue a Massage Therapist license within twenty-one (21) days following application unless he/she finds that:
(a) The applicant for the Massage Therapist license has been convicted of:
(1) A person felony, as defined by Kansas law;
(2) A non-person felony, as defined by Kansas law, in the ten (10) years immediately preceding the date of application;
(3) An offense involving sexual misconduct with children;
(4) Any offense under K.S.A. 21-3436 and amendments thereto that is defined as an inherently dangerous felony;
(5) Any sex offense that falls under K.S.A. Chapter 21, Article 35 and amendments thereto; and
(6) Any offense under K.S.A. 59-29a02 and any amendments thereto that is identified as an act undertaken by a sexually violent predator.
(b) The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the license application or in any document required by the City in conjunction therewith;
(c) That the correct license fee has not been tendered to the City, and in the case of a check or bank draft, honored with payment upon presentation;
(d) In the case of a Massage Therapist, that the applicant has not successfully completed a resident course of study or learning from a recognized school under the provisions of this article.
(Ord. 1089)
All or any employees issued a license by the City Clerk under the provisions of this article shall, at all times when providing Massage Therapy subject to the provisions of this article, have in the possession a valid Massage Therapist’s license.
(Ord. 1089)
(a) Any license issued for a Massage Therapist may be suspended by the Governing Body after a public hearing before the Governing Body where it is found:
(1) that any of the provisions of this article are violated; or
(2) where the licensed Massage Therapist has been charged with any offense found in Section 5-610 of this article; or
(3) in any case, where the licensee refuses to permit any duly authorized Police Officer, Fire Inspector, or the Codes Administration Division of the City to inspect the premises or the operations therein.
(b) The Governing Body, before suspending any license, shall give the licensee at least ten (10) days' written notice of the charges against him and the opportunity for a public hearing before the Governing Body, at which time the licensee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing. The decision of the Governing Body or designated representative is final.
(c) A suspension based on a charged criminal offense is effective until a court of competent jurisdiction rules on the criminal offense.
(Ord. 1089)
(a) Any license issued for a Massage Therapist may be revoked by the Governing Body after a public hearing before the Governing Body where it is found:
(1) that any of the provisions of this article are violated; or
(2) where the licensed Massage Therapist, has been convicted of any offense found in Section 5-610 of this article and the licensee has actual or constructive knowledge of the violation or conviction; or
(3) in any case, where the licensee refuses to permit any duly authorized Police Officer, Fire Inspector, or the Codes Administration Division of the City to inspect the premises or the operations therein.
(b) The Governing Body, before revoking any license, shall give the licensee at least ten (10) days' written notice of the charges against him and the opportunity for a public hearing before the Governing Body, at which time the licensee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing. The decision of the Governing Body or designated representative is final.
(Ord. 1089)
An individual actively enrolled in and currently attending classes in a course of instruction in the theory, method or practice of massage, may provide massage therapy as a practicum component of the training program, provided the following conditions are met:
(a) The massage therapy is under the supervision of a licensed massage therapist. For the purposes of this Section, supervision means the supervising therapist is observing the student providing massage therapy on a patron.
(b) All advertisements for massage therapy that will be provided by a student must clearly inform the patron that the massage therapy will be provided by a student under the supervision of a licensed massage therapist.
(c) Prior to providing massage therapy, the student massage therapist will require the patron to sign an acknowledgment that he/she has been informed the massage therapy will be provided by a student under the supervision of a licensed massage therapist. These acknowledgment documents will be maintained by the supervising massage therapist for a period of one (1) year and will be produced at the request of any health official or police officer.
(d) All student massage therapy must occur at a licensed massage establishment in the Commercial or Downtown Commercial zoning districts or as a component of Off-Premises or In-Office Massage Therapy.
(e) No student massage therapist may receive any consideration whatsoever for providing massage therapy.
(f) Concurrent with these special restrictions, the student must comply with all parts of Chapter 5-619 regarding the behavior, activities and restrictions of Massage Therapy employees.
(Ord. 1089)
(a) The operation of any massage therapy establishment will be subject to the following regulations:
(1) The licensee will have the massage therapy establishment supervised at all times when open for business by himself/herself or an operator. The licensee or operator will personally supervise the establishment and will not violate or permit others to violate any applicable provision of this Chapter.
(2) Every licensee will at all times be responsible for the conduct of business on the licensed massage therapy establishment premises and for any act or conduct of an operator, massage therapist or employee, which constitutes a violation of the provisions of this Chapter. Any violation of the city, state or federal laws committed on the licensed premises by any licensee, operator, massage therapist or employee affecting the eligibility or suitability of the licensee to hold a license, may be grounds for suspension or revocation of same.
(3) The massage therapy establishment will be closed and operations will cease between the hours of 10:00 pm and 6:00 am.
(4) No alcoholic or cereal malt beverages, nor the possession or consumption thereof, will be allowed in or upon the massage therapy establishment premises.
(5) All licensees, operators, massage therapists and employees will wear outer garments while at the establishment. Diaphanous or transparent clothing is prohibited. All licensees, operators, massage therapists and employees must be fully clothed at all times.
(6) A licensed establishment must be kept clean and operated in a sanitary manner.
(7) A patron’s pubic region, genitals, perineum, anal region, and/or the female breast must be covered at all times by opaque towels, sheets, cloths or undergarments when in presence of a licensee, operator, massage therapist or employee.
(8) Any contact by a licensee, operator, massage therapist or employee with a patron’s pubic region, genitals, perineum, anal region, and/or the female breast is prohibited.
(9) Clean, laundered sheets and towels will be provided to patrons for use. Such items will be laundered after each use thereof and stored in a sanitary manner.
(10) Wet and dry heat rooms, showers, and other bathing compartments, and toilet rooms will be thoroughly cleaned each day the massage therapy establishment is in operation. Bathtubs or individual soaking areas will be thoroughly cleaned after each use.
(11) Table showers are strictly prohibited.
(12) Toilet facilities shall be provided in convenient locations. When five (5) or more Massage Therapists and patrons of different genders are on the premises at the same time, multiple toilet facilities shall be provided.
(13) Lavatories or washbasins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or washbasins shall be provided with soap in a dispenser and with sanitary towels.
(14) All massage therapy establishments and/or operators of massage therapy establishments will keep and maintain on the premises a current register of all massage therapists showing each individual’s name, home address, telephone number, license number and a copy of the therapist’s license and government-issued identification. Such register will be open to inspection during business hours by any health official or police officer.
(15) All operators of a massage therapy establishment will keep a daily register at the massage therapy establishment of all patrons listing the location type, each patron's first and last name, home address or phone number. All registers maintained pursuant to this provision shall be open for inspection by any City representative with consent, exigency, or pursuant to an administrative search order or subpoena. Each year's register shall be kept on file for one (1) year after the completion of the year.
(16) No massage therapy establishment operator or employee will place, publish, distribute or cause to be placed, published or distributed, any advertisement offering or suggesting the availability of any service which is either prohibited or not authorized under this article.
(17) No individual shall reside, inhabit or otherwise sleep overnight at an establishment with the exception of a licensee who operates an establishment in his/her home or residence. With respect to licensees who operate an establishment out of his/her home or residence, no individual living in the home or residence shall reside, inhabit or otherwise sleep in the portion of the home or residence that is devoted to the practice of massage therapy.
(18) No operator or employee will permit the provision, offer to provide or provide to any patron any service with the intent to arouse or gratify the sexual desires of the operator, massage therapist, employee or patron.
(19) An establishment can be operated from the massage therapist's home or residence provided that the location is properly licensed as a massage establishment and otherwise complies with this article and the City's home occupation requirements set forth in Section 7 of the City’s zoning regulations.
(b) The City Clerk may, after a public hearing make and enforce reasonable rules and regulations not in conflict with, but to carry out, the intent of this article.
(Ord. 1089)
(a) The operation of any Off-Premise Massage Business shall be subject to the following regulations:
(1) Massage Therapy performed at a patron’s residence is limited to the hours between 6:00 am and 9:00 pm.
(2) No service shall be given which is clearly dangerous or harmful in the opinion of the Director of the County Department of Health to the safety or health of any person, after such notice in writing to the licensee from such director;
(3) All businesses licensed under the provisions of this article shall at all times be responsible for the conduct of any Massage Therapist and any act which constitutes a violation of the provisions of this article; any violation of the City, state, or federal laws committed by any such licensee or Massage Therapist affecting the eligibility or suitability of such person to hold a license may be grounds for suspension or revocation of the Massage Therapist License or Massage Business License;
(4) All Massage Therapists shall be clean and wear clean outer garments which use is restricted to the licensed Massage Business.
(5) All Massage Therapists must be modestly attired; diaphanous, flimsy, transparent, form fitting, or tight clothing is prohibited; clothing must cover the Massage Therapists’ chests at all times; hemlines of skirts, dresses, or other such attire may be no higher than the top of the knee;
(6) The private parts of patrons must be covered by towels, cloths, or undergarments when in the presence of a Massage Therapist; any contact with a patron's genital area is strictly prohibited; and
(7) All licensed 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
(b) The City Clerk may, after a public hearing make and enforce reasonable rules and regulations not in conflict with, but to carry out, the intent of this article.
(Ord. 1089)
The authority granted a licensee for In-Office massage is limited to the authority to conduct Massage Therapy on the business premises of the licensee’s patrons. In-Office Massage Therapy is limited to the area above the patron’s waist.
(Ord. 1089)
Massage therapists are subject to the following regulations when providing services:
(a) The massage therapist will not violate any applicable provision of this Chapter.
(b) Massage Therapy is limited to the hours between 6:00 am and 9:00 pm.
(c) A massage therapist will not consume any alcoholic or cereal malt beverages during business hours or while providing massage therapy.
(d) Any violation of the city, state or federal laws committed by a therapist affecting his/her eligibility or suitability to hold a license may be grounds for suspension or revocation of same.
(e) All massage therapists shall be clean, and wear clean, modest outer garments while providing massage therapy. Diaphanous or transparent clothing is prohibited. The massage therapist must be fully clothed at all times.
(f) A patron’s pubic region, genitals, perineum, anal region, and the female breast must be covered at all times by opaque towels, sheets, cloths or undergarments when in the presence of the massage therapist.
(g) Any contact by a massage therapist with a patron’s pubic region, genitals, perineum, anal region, and/or the female breast is prohibited.
(h) Table showers are strictly prohibited.
(i) A massage therapist will not provide or permit any massage therapy to be provided to a patron under the age of eighteen (18) unless the patron is accompanied to the massage therapy establishment by a parent or legal guardian, and the parent or legal guardian authorizes the massage therapy in writing.
(j) No massage therapist will place, publish, distribute or cause to be placed, published or distributed, any advertisement offering or suggesting the availability of any service which is either prohibited or not authorized under this article.
(k) A massage therapist will notify the City Clerk of any change in massage therapy establishment employment within thirty (30) calendar days of the change.
(l) No massage therapist will permit the provision, offer to provide or provide to any patron any service with the intent to arouse or gratify the sexual desires of the massage therapist or patron.
(m) All therapists shall keep and maintain a register of services provided as in-clients' office or in-clients' home massage, listing the location type, each patron's first and last name, home address or phone number. All registers maintained pursuant to this provision shall be open for inspection by any City representative with consent, exigency, or pursuant to an administrative search order or subpoena. Each year's register shall be kept on file for one (1) year after the completion of the year.
(Ord. 1089)
(a) Prior to approval of an establishment application, the City will conduct a Health and Safety inspection of the final establishment set up. The City will confirm that the establishment set up complies with the requirements of this article.
(b) In addition, and as applicable, a building and/or fire safety inspection will be conducted of the premises. The license will not be approved, and the establishment will not be able to conduct business, until and unless the establishment has successfully completed all required inspections within ninety (90) days of filing the application. If all inspections are not successfully completed within this timeframe the application will be denied.
(c) If an inspection is scheduled and the establishment applicant (or representative) fails to be present, a re-inspection fee will be assessed.
(d) Once a massage business is in operation, City representatives may, from time to time, conduct an inspection of each licensed establishment, or into In-Office or Off-Premises locations where a therapist provides services in this City, for the purposes of determining that the provisions of this article are complied with. Such inspections shall be made at reasonable times and in a reasonable manner. Prior notice of the City's intention to conduct such inspections is not required. It shall be unlawful for any licensee to fail to allow immediate access to the premises or to hinder an inspection in any manner, and any such behavior by the licensee or manager shall result in revocation or suspension of the establishment license.
(Ord. 1089)
Businesses which provide massage therapy services as an accessory service to the predominant business purpose of the establishment, and which are categorized and qualified to operate by the City under a different business license type, must complete and provide all documentation required of a massage therapy establishment. Otherwise licensed businesses will be subjected to annual inspections of the business to ensure they are in compliance with this Chapter. Otherwise licensed business will not be subject to any establishment fees other than reinspection fees.
(Ord. 1089)
For up-to-date recordkeeping, a massage therapist shall notify the City of any change in employment within thirty (30) calendar days of the change. This shall include a change in the therapist's employer, or the addition or reduction of location types (i.e. establishment, In-Office, or Off-Premises). The therapist will be required to get a new license from the City and pay all applicable fees.
If a licensee desires to change the location of the massage therapy establishment, the licensee will file an application with the City Clerk providing the same information relating to the proposed location as in the case of an original application. If the application is in proper form and complies with applicable zoning requirements of the UDO and all other requirements relating to the massage therapy establishment are met, a new license will be issued for the new location for the balance of the year for which a current license is held by the licensee. The licensee will be required to get a new license from the City and pay all applicable fees.
(Ord. 1089)
The provisions of this article shall not apply to the following:
(a) Medical doctors, chiropractors, osteopaths, physical therapists, nurses, barbers, and cosmetologists as to massage of the scalp, who are licensed to practice their respective professions in Kansas or who are licensed to practice temporarily under the auspices of an associate or establishment duly licensed in Kansas while in the course of their licensed business or profession.
(b) Services provided in a hospital, nursing home, assisted living facility, or sanitarium.
(Ord. 1089)