When used in this article the following words and phrases shall have the meanings set forth below except when the context clearly requires a different meaning.

(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, premises used for joint residential and business purposes and hotels.

(b)   Couple Massage means Massage Therapy in which two clients receive Massage Therapy in the same room at the same time on two separate massage tables from two separate Massage Therapists.

(c)   Healing Arts Practitioner means a person who has been licensed pursuant to K.S.A. 65-2801 et seq. to practice medicine and surgery, osteopathic medicine and surgery or chiropractic.

(d)   In-Office Massage Therapy means Massage therapy that is conducted on the Business Premises of a massage client and is limited to Massage Therapy applied only above the massage client’s waist.

(e)   Massage Therapist means any person who, for consideration whatsoever, engages in the practice of Massage Therapy as defined herein.

(f)   Massage Therapy means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similarly preparations commonly used in this practice. Massage Therapy, as defined herein, does not include the touching m any fashion of human genitalia.

(g)   Massage Therapy Establishment means any establishment or location where any person, firm, partnership, association or corporation engages in or carries on or permits to be engaged in or carried on any Massage Therapy for compensation.

(h)   Patron or Client means any person over eighteen (18) years of age who utilizes or receives the services of any person or 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 therefore, provided a person under the age of eighteen (18) may utilize or receive Massage Therapy from a licensed Massage Therapist if accompanied by a parent or legal guardian and a parent or legal guardian has authorized such Massage Therapy in writing as set forth in this article.

(Ord. 13-826; Code 2022)

Any reference in this article to the Police Chief, City Clerk, Fire Marshal, Community Development Director or City Administrator shall include those persons’ designees and any individuals designated by the City Administrator.

(Ord. 13-826; Code 2022)

The provisions of this article shall not apply to hospitals, nursing homes, sanitariums or to persons holding an unrevoked certificate to practice the healing arts, persons holding an unrevoked license to practice as a registered professional nurse under the laws of the State of Kansas working under the direction and supervision of any licensed Healing Arts Practitioner, persons licensed to practice as a physical therapist under the laws of the State of Kansas, or persons working under the direction and supervision of any licensed healing arts practitioner or in any such establishment, nor shall this article apply to barbers or cosmetologists and reflexologists lawfully carrying out their profession or business and holding valid, unrevoked and unsuspended license or certificates of registration issued by the State of Kansas or a nationally recognized organization or training school. It shall also not apply to any person, firm, partnership, association or corporation who has engaged in or carried on any massage therapy in the city of South Hutchinson, Kansas for more than ten consecutive years next preceding the adoption of this article.

(Ord. 13-826; Code 2022)

All Massage Therapy, other than In Office Massage Therapy, provided under the provisions of this article, shall be conducted on the premises of a licensed Massage Therapy Establishment.

(a)   Exceptions.

(1)   Massage Therapy may be conducted at a private residence which has been approved by the City Planning Commission for a Home Occupation Permit for Massage Therapy Permit subject to the conditions associated with such Home Occupation Permit.

(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. 13-826; Code 2022)

(a)   No Massage Therapy Establishment license or Massage Therapist license shall be transferable and such authority as a license confers shall be conferred only on the licensee named therein.

(b)   The application fee will be set at One Hundred Fifty Dollars ($150.00) due at the time of the application. Annual licenses renewal fee shall be set at One Hundred Fifty Dollars ($150.00) due at the time of the renewal of the license.

(c)   Any applications made, fees paid and licenses obtained under the provisions of this article 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 the City.

(Ord. 13-826; Code 2022)

Any person, firm, partnership, association or corporation convicted of violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in jail for not more than Thirty (30) days, or by both such fine and imprisonment. Each incident which is in violation of the provisions of this article shall be considered as a separate offense and shall be subject to penalty as provided in this article.

(Ord. 13-826; Code 2022)

(a)   It is unlawful for any person to conduct Massage Therapy or In-Office Massage Therapy unless he or she has a valid Massage Therapist license issued by the City pursuant to the provisions of this article.

(b)   A license issued pursuant to this article is issued for the calendar year and shall expire at the end of the calendar year for which it was issued.

(Ord. 13-826; Code 2022)

(a)   Written Application. Any person who desires to perform Massage Therapy within the City limits shall file a written application with the City Clerk upon a form provided by the City Clerk and shall accompany the application with the annual filing fee as set forth in the City’s Schedule of Fees.

(b)   Required Information. The completed application shall include the following required information.

(1)   Applicant’s name, home address and telephone number.

(2)   Applicant’s fingerprints, provided once an applicant has submitted an application containing said applicant’s fingerprints, the applicant will not be required to submit fingerprints in any subsequent renewal application for that person.

(3)   Two (2) portrait photographs of the applicant at least two inches (2”) square.

(4)   Written evidence that the applicant is at least eighteen (18) years old.

(5)   The business, occupation or employment history of the applicant for the three (3) years immediately preceding the date of application.

(6)   Any criminal convictions, other than traffic infractions, including the jurisdiction in which the offense occurred; the sentence or other penalty, if any; and the current status of the case.

(7)   Proof of compliance with the education and training requirements for a Massage Therapist license, as set forth in Section 5-611.

(A)  Proof of completion of education and training requirements must be by certified transcript. The educational and training requirements imposed by this article may be fulfilled by proof of attendance at more than one school.

(8)   Authorization for the City, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant.

(Ord. 13-826; Code 2022)

Upon receipt of an application for a Massage Therapist license, the City Clerk shall immediately forward a copy of such application to the Police Chief to determine whether the information contained in the application is accurate and to investigate whether the applicant is qualified to be issued a Massage Therapist license. The Police Chief shall report the results of such investigation to the City Clerk in a timely manner such that the City Clerk may comply with the applicable time restriction for issuance or denial of a license.

(Ord. 13-826; Code 2022)

(a)   The City Clerk shall issue a Massage Therapist license within thirty (30) days of receiving a completed application unless, upon examination of the application, it is determined that:

(1)   The applicant for a Massage Therapist license has been convicted of, or diverted on, any of the following:

(A)  a felony which involves the use, or threat of use, of physical force;

(B)  a felony not involving the use, or threat of use, of physical force that is less than five years old from date of application;

(C)  any offense involving an “unlawful sex act” which shall be defined as: rape, indecent liberties with a child, aggravated indecent liberties with a child, criminal sodomy, aggravated criminal sodomy, lewd and lascivious behavior, sexual battery or aggravated sexual battery, as each is defined by Kansas Statutes;

(D)  prostitution;

(E)   promoting prostitution;

(F)   solicitation of a lewd or unlawful act;

(G)  pandering or other sexually related offense.

(2)   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;

(3)   The correct license fee has not been tendered to the City; or in the case of a check or bank draft, it has not been honored with payment on presentation.

(4)   The applicant has not successfully completed the educational requirements under the provisions of this article.

(b)   If an application is approved, the City Clerk shall issue the Massage Therapist license. The licensee shall keep such license available for inspection as set forth in Section 5-612.

(c)   If an application is denied, the applicant shall be immediately notified by certified mail, return receipt requested, mailed to the applicant’s mailing address as set forth on the application, and the notice shall state the basis for the denial.

(Ord. 13-826; Code 2022)

To be eligible for a Massage Therapist license, an applicant shall provide proof of the following at the time of application, both initially and upon renewal:

(a)   Educational Requirements. An applicant shall provide proof that the applicant:

(1)   has successfully completed a course of instruction made up of not less than five hundred (500) hours of instruction in theory, method or practice of massage from a National Certification Board for Therapeutic Massage and Bodywork (NCBTMB) approved school; or

(2)   has passed the National Certification Examination for Therapeutic Massage and Bodywork.

(b)   CPR and First Aid. An applicant shall provide proof of current certification in first aid and in cardiopulmonary resuscitation (CPR) by the American Heart Associate or the equivalent.

(c)   Continuing Education Requirements. An applicant shall provide proof of compliance with continuing education requirements of the NCBTMB or the American Massage Therapy Association (AMT A) in effect that the time of application.

(Ord. 13-826; Code 2022)

(a)   A Massage Therapist Licensee may not conduct Massage Therapy or In-Office Massage Therapy within the City limits unless said Licensee:

(1)   is employed by a validly licensed Massage Therapy Establishment;

(2)   is the licensee of a validly licensed Massage Therapy Establishment;

(3)   resides in a residence that has an approved Conditional Use Permit from the City Planning Commission for a Home Occupation Permit for Massage Therapy.

(b)   Identification Card and License. Any person issued a Massage Therapist license pursuant to the provisions of this article shall, at all times when offering Massage Therapy, have in his or her possession a valid identification card issued by the City bearing the Massage Therapist’s license number, physical description and photograph. Such identification card shall be issued in such form necessary to prevent alteration. The Massage Therapist shall, at all times when offering Massage Therapy, have on the premises where such Massage Therapy is being offered, his or her Massage Therapist license. The Massage Therapist shall make available for inspection said identification card and license upon request of members of the police department and City code officers. Such inspection shall be made at reasonable times and in a reasonable manner.

(c)   Hours. A Massage Therapist may not conduct Massage Therapy between the hours of midnight and 6:00 a.m. each day.

(1)   Exceptions.

(A)  A Massage Therapist may conduct In-Office Massage Therapy on Business Premises having bona fide evening and night shifts.

(B)  Massage Therapist who is operating pursuant to the Home Occupation Permit shall be subject to the hours restrictions set forth in the South Hutchinson Zoning Regulations.

(d)   Separation of Sexes. It shall be unlawful for Massage Therapists to allow customers of opposite sex to receive Massage Therapy in the same room or the same quarters at the same time.

(1)   Exceptions.

(A)  In-Office Massage Therapy.

(B)  Couples Massage.

(e)   Danger to Safety, Health. No service shall be given which is clearly dangerous or harmful in the opinion of the Director of the Reno County Department of Health to the safety or health of any person, and after such notice in writing has been delivered to the Massage Therapist from such director.

(f)   Alcoholic beverages. A Massage therapist shall not allow or permit the possession or consumption of alcoholic beverages or cereal malt beverages upon that portion of the premises where the Massage Therapist is providing Massage Therapy.

(g)   Attire. All Massage Therapists shall be clean, wear clean outer garments and be modestly attired, with clothing covering their chests at all times. Diaphanous or transparent clothing is prohibited.

(h)   Covering of Private Parts. 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 person’s genital area is strictly prohibited.

(i)    Minors. No licensee hereunder shall perform any Massage Therapy to a person under the age of eighteen (18) unless such person under the age of 18 is accompanied by a parent or legal guardian and said parent or legal guardian has provided written authorization for such Massage Therapy.

(j)    Hotels. Massage Therapy is prohibited in the guest rooms of hotels unless the hotel is licensed as a Massage Therapy Establishment and the Massage Therapy is conducted by a licensed Massage Therapist employed by said hotel.

(Ord. 13-826; Code 2022)

(a)   A Massage Therapist License issued by the City shall be suspended or revoked after a public hearing before the City Administrator, or his designated representative, where it appears that the Massage Therapist has been convicted of any offense which would make the Massage Therapist ineligible to receive a license, or for violation of any of the provisions of this article, including application standards.

(b)   The City Administrator, before revoking or suspending any Massage Therapist License, shall give the licensee at least ten (10) days written notice of the examination into the licensee’s record and the opportunity for a public hearing before the City Administrator or his designated representative, at which hearing the relevant facts regarding the occurrence of the conviction or violation shall be determined.

(c)   All revocations or suspensions by the City Administrator are appealable to the City Council within ten (10) days of the revocation or suspension, provided said appeal must be in writing and delivered to the City Clerk. The City Council may uphold or rescind the suspension or revocation, and if applicable specify certain conditions and stipulations associated therewith.

(Ord. 13-826; Code 2022)

(a)   It is unlawful for any person, firm, partnership, association or corporation to operate a Massage Therapy Establishment without first having obtained a license therefore, issued by the City Clerk. It is unlawful to conduct such a business unless the license for said business is valid, unexpired, unrevoked and is not suspended.

(b)   A Massage Therapy Establishment license is issued for the calendar year and shall expire at the end of the calendar year for which it was issued.

(c)   A separate license shall be required for each and every separate Massage Therapy Establishment business conducted by any one licensee.

(d)   The license required hereunder shall be in addition to any other license required for the operation of any other business conducted on the same premises.

(e)   A Massage Therapy Establishment licensee who wishes to personal provide Massage Therapy must first obtain a Massage Therapist license.

(Ord. 13-826; Code 2022)

(a)   Written Application. Every applicant for a license to maintain, operate or conduct a Massage Therapy Establishment shall file a written application with the City Clerk upon a form provided by the City Clerk and shall accompany the application with the annual filing fee as set forth in the City’s Schedule of Fees.

(b)   Required Information. The completed application shall include the following required information:

(1)   Applicant’s name, home and business address and telephone number;

(A)  “Applicant” shall include:

(i)    any stockholder holding more than ten percent (10%) of the stock of the applicant corporation;

(ii)   any officers or directors of the applicant corporation;

(iii)  any partner, when the applicant is a partnership;

(iv)  any manager of, or person principally responsible for the operation of, the proposed business;

(2)   The exact nature of the services to be provided;

(3)   The proposed place of business and facilities;

(4)   Written evidence that the applicant is at least eighteen (18) years of age;

(5)   Two (2) portrait photographs of the applicant at least two inches (2”) square;

(6)   Applicant’s fingerprints, provided once an applicant has submitted an application containing said applicant’s fingerprints, the applicant will not be required to submit fingerprints in any subsequent renewal application for that person;

(7)   The business, occupation or employment history of the applicant for the three (3) years immediately preceding the date of the application;

(8)   The Massage Therapy business license history of the applicant; whether such applicant has previously had any massage therapy-related license revoked or suspended in any state, city or other local jurisdiction, and the basis for such revocation or suspension;

(9)   Any criminal conviction of the applicant, other than traffic infractions, including the jurisdiction in which the offense occurred; the sentence or other penalty, if any; and the current status of the case;

(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 the qualifications of the applicant for the license.

(Ord. 13-826; Code 2022)

(a)   Upon receipt of an application for a Massage Therapy Establishment License, the City Clerk shall immediately provide copies of such application to the Police Chief, Fire Chief and Community Development Director. The Police Chief, Fire Chief and Community Development Director shall report the results of their investigation, 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 applicant to determine whether the information contained in the application is accurate and whether the applicant is qualified to be issued a Massage Therapy Establishment license.

(c)   It shall be the duty of the Community Development Director to determine whether the structure when the Massage Therapy Establishment business is proposed to be located complies with the requirements of the City’s applicable health, zoning, building and property maintenance codes.

(d)   It shall be the duty of the Fire Chief to determine whether the structure where the Massage Therapy Establishment business is proposed to be located complies with the requirements for the City’s applicable fire code provisions.

(e)   Upon receipt of the reports from the Police Chief, Fire Chief and Community Development Director, the City Clerk shall issue a license to the applicant provided such application is eligible for issuance of a Massage Therapy Establishment license pursuant to this article. If there are inspection items that relate to the structural design of the premises that cannot be verified prior to consideration of the application by the City Clerk, the application may be approved by the City Clerk contingent on a final inspection prior to issuance of the license. All applicable code provisions for the proposed location shall be met prior to the first day such premises are open for business.

(Ord. 13-826; Code 2022)

(a)   The City Clerk shall issue a Massage Therapy Establishment License within thirty (30) days of receiving a completed application unless, upon examination of the application, it is determined that:

(1)   The business, as proposed by the applicant, if permitted, would not comply with all applicable laws including, but not limited to, the City’s health, zoning, building and property maintenance codes.

(2)   The applicant, if an individual; or any of the stockholders holding more than ten percent (10%) of the stock of the applicant corporation; or any of the officers or directors, if the applicant is a corporation; or any of the partners, if the applicant is a partnership; or the manager or other person principally responsible for the operation of the business, has been convicted of, or diverted on, any of the following:

(A)  a felony which involves the use, or threat of use, of physical force;

(B)  a felony not involving the use, or threat of use, of physical force that is less than five years old from date of application;

(C)  any offense involving an “unlawful sex act” which shall be defined as: rape, indecent liberties with a child, aggravated indecent liberties with a child, criminal sodomy, aggravated criminal sodomy, lewd and lascivious behavior, sexual battery or aggravated sexual battery, as each is defined by Kansas Statutes;

(D)  prostitution;

(E)   promoting prostitution;

(F)   solicitation of a lewd or unlawful act;

(G)  pandering or other sexually related offense.

(3)   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;

(4)   The correct license fee has not been tendered to the City; or, in the case of a check or bank draft, it has not been honored with payment on presentation;

(5)   The applicant has had a Massage Therapy Establishment or other similar permit or license denied, suspended, or revoked for any of the above listed causes by this City or any other state, city or other local jurisdiction within five (5) years of the date of the application.

(6)   The applicant 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 application is a corporation; or any of the partners if the applicant is a partnership; or the manger or other person primarily responsible for the operation of the business, has not attained the age of eighteen (18) years; or

(8)   The manager or other person primarily responsible for the operation of the business would be ineligible to receive any license under the provisions of this article.

(b)   If a Massage Therapy Establishment license is denied, the applicant shall be immediately notified by certified mail, return receipt requested, mailed to the applicant’s mailing address as set forth on the application and the notice shall state the basis for denial.

(Ord. 13-826; Code 2022)

(a)   License to be Posted. A Massage Therapy 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.

(b)   Limited to Premises. It shall be unlawful to operate a Massage Therapy Establishment at any other premises than specified in the license.

(c)   Supervision. The licensee shall have the premises supervised at all times when open for business. The licensee or a person employed by the business shall be present and personally supervise the premises and shall not violate, or permit other to violate, any applicable provision of this article. The violation of any provision of this article by any employee of the licensee shall be deemed a violation by the licensee.

(d)   Conduct of Premises. A Massage Therapy Establishment licensee shall at all times be responsible for the conduct of business on the licensed premises and for any act or conduct of said licensee’s employees which constitutes a violation of the provisions of this article. 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.

(e)   Massage Therapist License Required.

(1)   It shall be unlawful for a Massage Therapy Establishment licensee to personally conduct Massage Therapy or In-Office Massage Therapy unless said Licensee holds a valid Massage Therapist license issued by the City.

(2)   It shall be unlawful for any Massage Therapy Establishment licensee to permit or allow Massage Therapy on the licensed premises by anyone other than a licensed Massage Therapist.

(f)   Hours. The business shall be closed and operations shall cease between the hours of midnight and 6:00 a.m. each day.

(1)   A business operated pursuant to a Home Occupation license shall be subject to the hours restrictions set forth in the South Hutchinson Zoning Regulations.

(g)   Separation of Sexes. It shall be unlawful for Massage Therapy Establishment licensees to allow customers of opposite sex to receive Massage Therapy in the same room or the same quarters at the same time.

(1)   Exceptions.

(A)  In-Office Massage Therapy.

(B)  Couples Massage.

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

(i)    Alcoholic Beverages. No alcoholic beverages or cereal malt beverages, nor the consumption thereof, shall be allowed or permitted in upon any premises licensed under the provisions of this article.

(j)    Sanitary Conditions. Every portion of a licensed establishment shall be kept clean and operated in a sanitary condition. Clean, laundered sheets and towels shall be available in sufficient quantity and shall be laundered after each use thereof and stored in a sanitary manner.

(k)   Attire. All employees shall be clean, wear clean outer garments and be modestly attired, with clothing covering their chests at all times. Diaphanous or transparent clothing is prohibited.

(l)    Dressing Rooms. Licensees shall provide separate dressing rooms for each gender on the licensed premises, with individual lockers for each employee who provides Massage Therapy.

(m)  Covering of Private Parts. The private parts of patrons must be covered by towels, cloths, or undergarments when in the presence of the Licensee or any employee. Any contact with a patron’s genital area is strictly prohibited.

(n)   Locked Premises. No Massage Therapy may be offered or provided within any cubicle, room, booth or other area within the licensed premises which is fitted with a door that can be locked.

(o)   Minors. No licensee shall permit Massage Therapy to be provided to any person under the age of eighteen (18) years of age unless accompanied by his or her parent or legal guardian and said parent or legal guardian has provided written authorization for such Massage Therapy.

(p)   Employee Register. The licensee shall keep and maintain on the licensed premises a current register of all employees, including employee’s name, address and Massage Therapist license numbers. Such register shall be open to inspection at all reasonable times by an City code officer or members of the Police Department.

(q)   Advertising. No licensee shall place, publish, or distribute or cause to be placed, published or distributed any advertising that depicts any activity or any portion of the human body that would reasonably suggest to a reasonable person who viewed such advertising that the business provides any service other than those permitted under this article, or that employees of the business will be dressed in any manner inconsistent with the regulations set forth in this article, nor shall any Massage Therapy establishment indicate in the text of any advertising promulgated by that business that any service is available other than those services permitted under this article.

(Ord. 13-826; Code 2022)

Members of the Police Department and City code officers may, from time to time, make an inspection of each licensed Massage Therapy Establishment in the City, including locations where In-Office Massages are provided, for the purposes of determining that the provisions of this article are being complied with. Such inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful for an licensee to fail to allow such officer immediate access to the premise or to hinder such officer in any manner. Provided further, that any failure on the part of the Licensee, agent or employee thereof to permit immediate access to such officer shall be grounds for revocation or suspension of a license issued pursuant to this article.

(Ord. 13-826; Code 2022)

(a)   A Massage Therapy Establishment license issued by the City shall be suspended or revoked after a public hearing before the City Administrator where it appears that the Massage Therapy Establishment licensee has been convicted of any offense which would make the licensee ineligible to receive a license or for violation of any of the provisions of this article, including application standards.

(b)   The City Administrator, before revoking or suspending any Massage Therapy Establishment License, shall give the licensee at least ten (10) days written notice of the examination into the licensee’s record and the opportunity for a public hearing before the City Administrator, at which hearing the relevant facts regarding the occurrence of the conviction or violation shall be determined

(c)   All revocations or suspensions by the City Administrator are appealable to the City Council within ten (10) days of the revocation or suspension, provide said appeal must be in writing and delivered to the City Clerk. The City Council may uphold or rescind the suspension or revocation, and if applicable specify certain conditions and stipulations associated herewith.

(Ord. 13-826; Code 2022)