For the purpose of this article, the following words shall be considered to have the following meanings:

(a)   Massage Premises means those designated treatment room(s) at the Lake Quivira Community Center (“LQCC”) where “Massage Therapy” as defined herein is authorized to be performed.

(b)   Massage Therapist means any person whom, for any consideration whatsoever, engages in the practice of “Massage Therapy” as defined in this Section, but excludes services provided by personal trainers, physical therapists, physicians or other licensed health care professionals at the LQCC as approved by LQCC.

(c)   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, when performed on the Massage Premises.

(d)   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. 312; Code 2022)

No person shall perform Massage Therapy 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. 312; Code 2022)

(a)   Any person contracted and/or employed to perform Massage Therapy at the Massage Premises at LQCC, as defined above, shall file a written application with the City Clerk or designee and pay a non-refundable application fee. The application fee shall be approved by the Governing Body.

(b)   The application for a Massage Therapist license shall contain the following:

(1)   Name, 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 years old;

(4)   Business, occupation, employment and/or education of the applicant for the three years immediately preceding the date of application;

(5)   Whether such person has ever been convicted of any criminal or felony offense 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;

(6)   If employed, the name of the employer;

(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 qualifications of the applicant for the license.

(c)   A licensed Massage Therapist must immediately notify the City Clerk or designee in writing, within 30 days, of any change in information concerning the licensee’s original application.

(d)   Licenses must be renewed annually. The City Clerk or designee may establish an expedient renewal process for Massage Therapists’ licenses.

(Ord. 312; Code 2022)

The City Clerk or designee shall issue a Massage Therapist license upon finding that:

(a)   The applicant for the Massage Therapist license has not been convicted of:

(1)           A felony;

(2)   An offense involving sexual misconduct with children;

(3)   Any offense under K.S.A. 21-3436 and amendments thereto that is defined as an inherently dangerous felony;

(4)   Any sex offense that falls under K.S.A. Chapter 21, Article 55 and amendments thereto; and

(5)   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 not 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 been tendered to the City, and in the case of a check or bank draft, honored with payment upon presentation;

(d)   The applicant has successfully complied with the provisions of this Section for qualifications as a Massage Therapist.

(Ord. 312; Code 2022)

Massage Therapist licenses may be revoked as follows:

(a)   A Massage Therapist license issued by the City Clerk or designee may be revoked or suspended where it appears that the Massage Therapist has violated or been convicted of any provisions of this Section.

(b)   Persons who have a Massage Therapist license revoked or suspended by the City Clerk or designee, may, within ten (10) days thereafter, file a written notice or statement of appeal with the Municipal Court from said decision, ruling, action or finding for an administrative hearing thereon. An administrative filing fee may be established by the Municipal Judge. Such fee must be paid before the appeal.

The hearing on the appeal shall be conducted by the Lake Quivira Municipal Judge who will sit as an administrative judge for the purposes of this Section. The sole issue for determination shall be whether decisions, rulings, actions, or other findings of the City Clerk or designee were within the scope of their authority, supported by substantial evidence, and not arbitrary nor capricious in nature.

The Court shall make specific findings of fact and conclusions of law in each case.

(Ord. 312; Code 2022)

Rules and regulations pertaining to the transfer of licenses, other licenses and fees shall be as follows:

(a)   Massage Therapist licenses are not transferable, separate or divisible, and such authority as a license confers shall be conferred only on the licensee named therein.

(b)   Any applications made, fees paid and licenses obtained under the provisions of this Section shall be in addition to and not in lieu of any other fees, licenses, or licenses required to be paid or obtained under any other ordinances of this City.

(Ord. 312; Code 2022)

(a)   Any Law Enforcement Officer having jurisdiction, Chief Building Official or designee, and/or other officials designated by the City, may from time to time make an inspection of the Massage Premises for the purpose of determining compliance with the provisions of this Section.

(b)   Such inspections shall be made at reasonable times and in a reasonable manner.

(c)   It is unlawful for any licensee to fail to allow such inspection officer immediate access to the premises or to hinder such officer in any manner; provided, that any failure on the part of any licensee or employee to grant immediate access to such inspector shall be grounds for the revocation or suspension of licenses issued to any Massage Therapist who breaches this provision.

(Ord. 312; Code 2022)

(a)   Any person who engages or intends to engage in the practice of Massage Therapy as defined in this Section, shall upon making application for a new license, submit acceptable proof that the applicant has successfully passed the 1992 or later National Certification Examination for Therapeutic Massage and Bodywork (NCBTMB), or the 2007 or later Massage & Bodywork Licensing Examination (MBLEx). The applicant must also supply the name and address of the Recognized School attended, the date attended, and a copy of the diploma, certificate of graduation, or certified transcripts showing that the applicant has successfully completed a minimum of five hundred (500) hours of instruction in Massage Therapy. The educational and training requirements required by this Section may be received from more than one Recognized School. Training hours from a school that has had its NCBTMB or MBLEx Assigned School Code denied, suspended or revoked will not be accepted.

(b)   Every applicant for a license or a renewal of any said business wishing to practice Massage Therapy described in this Section must have successfully completed certification in American Red Cross first aid and American Heart Association CPR.

(c)   Massage Therapists providing Massage Therapy shall comply with the Approved Provider Standards of Practice as published by the National Certification Board for Therapeutic Massage & Bodywork, including Professionalism, Legal and Ethical Requirements, Confidentiality, Business Practices, Roles and Boundaries, and Prevention of Sexual Misconduct and Inappropriate Touch.

(Ord. 312; Code 2022)

(a)   All individuals issued a license by the City Clerk or designee under the provisions of this Section shall, at all times when providing Massage Therapy subject to the provisions of this Section, have in the possession a valid identification card issued by the City bearing the Massage Therapist’s license number, the Massage Therapist’s physical description, and a photograph of such person.

(b)   Such identification cards shall be laminated to prevent alteration; provided, that all persons granted licenses under this Section shall at all times keep their licenses available for inspection upon request of any person who by law may inspect the same.

(Ord. 312; Code 2022)

The operation of the Massage Premises shall be subject to the following regulations:

(a)   Hours. The hours of operation shall be set by the LQCC.

(b)   Danger to Safety and Health. No service shall be given which is clearly dangerous or harmful in the opinion of the Director of the County Department of Health and Environment to the safety or health of any person, and after such notice in writing to the licensee from such director;

(c)   Alcoholic Beverages. No alcoholic beverages or cereal malt beverages, nor the consumption thereof, shall be allowed or permitted, to be done in or upon the Massage Premises described in this Section while being operated for the purposes of performing Massage Therapy;

(d)   Conduct of Premises. All individuals and entities licensed under the provisions of this Section shall at all times be responsible for the conduct of business on their licensed premises and for any act or conduct of any Massage Therapist which constitutes a violation of the provisions of this Section; any violation of the 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 the Massage Therapist license;

(e)   The Massage Premises, and every portion thereof, including equipment, appliances, and personnel shall be kept clean and operated in a sanitary condition;

(f)    Massage Therapists must at all times be professionally and appropriately attired;

(g)   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;

(h)   The Massage Premises, as 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.

(Ord. 312; Code 2022)

The Massage Premises shall be supervised by the Owner or Lessee at all times when open for business, including a responsible party delegated to personally supervise the business, and shall not violate or permit others to violate, any applicable provisions of this Section.

(Ord. 312; Code 2022)

Current and daily registers shall be kept of Massage Therapist and patrons as follows:

(a)   Under the provisions of this Section, the Massage Premises shall keep and maintain on their premises a current register of all Massage Therapists’ names, addresses and license numbers. Such register shall be open to inspection at all reasonable times by any Law Enforcement Officer having jurisdiction, Chief Building Official or designee, or other officials designated by the City.

(b)   The Massage Premises Owner or Lessee, if applicable, shall keep a daily register, and hours of arrival and, if applicable, the rooms or cubicles assigned. The daily register shall be subject to inspection by any Law Enforcement Officer having jurisdiction, Chief Building Official or designee, or other officials designated by the City, and shall be kept on file for one year.

(Ord. 312; Code 2022)

A violation of any provision of this Section shall constitute a Class C offense.

(Ord. 312; Code 2022)