The following  terms shall, for the purposes of this ordinance, have the meanings indicated in this section:

(a)   Chief of Police means the Chief of Police of the City.

(b)   City means the City of Maize, Kansas.

(c)   City Administrator means the City Administrator of the City.

(d)   City Clerk means the City Clerk of the City.

(e)   Massage Business means the business of offering or providing for consideration Massage Therapy or any service of massage or body manipulation, including exercise; heat or light treatments; all forms and methods of physiotherapy; and manual or other forms of contact massage or manipulation of any part of the human body.

(f)    Massage Business Permit means the permit issued by the City to operate a Massage Business.

(g)   Massage School means a school or program which meets the NCBTMB minimum class instruction requirements at the time of an application for a Massage Therapist Permit and is certified by the NCBTMB.

(h)   Massage Therapist means any person who is over eighteen (18) years of age and has successfully completed a minimum of five hundred (500) instructor-taught classroom hours within a Massage School or university course which is certified by and recognized as being in conformance with the standards of the NCBTMB at the time of an application for a Massage Therapist Permit.

(i)    Massage Therapist Permit means the permit issued by the City to a Massage Therapist.

(j)    Massage Therapy means the administration by any person of any method of exerting or applying pressure, friction, moisture, heat or cold to the human body, or the rubbing, stroking, kneading, pounding or tapping of the human body by any physical or mechanical means for any form of consideration. Massage Therapy shall not include diagnosis or treatment or use of procedures for which a license to practice medicine or surgery, chiropractic or podiatry is required

(k)   NCBTMB means the National Certification Board for Therapeutic Massage and Bodywork.

(l)    Offer indicates any form of communication, by an medium.

(m)  Person means any person, firm, partnership, association, company or organization of any kind

(Ord. 863)

Each application for a Massage Business Permit or a renewal of a Massage Business Permit shall be upon a form provided by the City Clerk and shall be submitted to the City Clerk. Each application shall contain the following information:

(a)   the name and residence address of the applicant;

(b)   if the application is being submitted in the name of a legal entity rather than an individual, the name(s) and address(es) of the individual owner(s), stockholder(s), partner(s), member(s) etc., of the entity and the percentage of the business each individual owner, stockholder, partner, member, etc. (“Owner”) holds;

(c)   the particular place of business for which a license is desired;

(d)   the name of the owner of the premises upon which the place of business is located;

(e)   any criminal convictions of the applicant or of each Owner if the applicant is a legal entity, except for minor traffic violations, fully disclosing the jurisdiction in which convicted and the offense for which convicted and circumstances thereof;

(f)    whether any Massage Business license or permit held or applied for by the applicant or by each Owner if the applicant is a legal entity in the past has been revoked or denied and, if so, the reason(s), date(s) and place(s) of such revocation or denial;

(g)   A copy of the applicant’s current liability insurance certificate providing minimum general liability coverage of one million dollars ($1,000,000) aggregate coverage per year, with not less than five hundred thousand dollars ($500,000) per single occurrence that covers the applicant;

(h)   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. 863)

(a)   An individual applicant or each and every Owner if the applicant is a legal entity shall not have been convicted of a felony or any crime involving moral turpitude within ten (10) years of the date of application for a Massage Business Permit.

(b)   An applicant or each and every Owner if the applicant is a legal entity shall not have had a massage business license revoked or suspended within ten (10) years of the date of application for a Massage Business Permit.

(c)   An applicant or each and every Owner if the applicant is a legal entity must be at least eighteen (18) years of age.

(d)   An applicant must show proof of insurance by providing a copy of a commitment or a certificate of insurance that meets the requirements set forth in Section 11-502(g).

(e)   The premises must comply with all state and local laws and regulations.

(f)    The application shall be true and accurate and shall contain no false information.

(Ord. 863)

Each application for a Massage Therapist Permit shall be upon a form provided by the City Clerk and shall be submitted to the City Clerk. Each application shall contain the following information:

(a)   The applicant’s full name, date of birth, current residence address, and telephone number;

(b)   Proof of qualification as a Massage Therapist;

(c)   The name of the Massage Business with whom the Massage Therapist will be employed;

(d)   Whether any license or permit to perform as a Massage Therapist has previously been denied or revoked and, if so, the reasons, dates and places of such denial or revocation.

(e)   two (2) portrait photographs at least two inches by two inches (2”x2”);

(f)    written evidence that the applicant is at least eighteen (18) years old;

(g)   whether such person has ever been convicted of 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;

(h)   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. 863)

To receive a Massage Therapist Permit, an applicant must:

(a)   be at least eighteen (18) years of age;

(b)   have been a resident of Sedgwick County continuously for at least thirty (30) days immediately preceding the date of application for a Massage Therapist Permit;

(c)   meet standards for and be qualified as a Massage Therapist in compliance with requirements contained in this article and specifically at Section 11-501(h);

(d)   not have been convicted of a felony or any crime involving moral turpitude within the last five (5) years;

(e)   show proof of completion of course work and training as required by Section 11-501(h);

(f)    provide in the application true and accurate information and the application shall contain no false information;

(g)   identify the Massage Business that the applicant will be employed by if the applicant is issued a Massage Therapist Permit.

(Ord. 863)

(a)   Each Massage Business Permit and proof of insurance (see Section 11-502) shall be displayed at the point of entry into each Massage Business at all times.

(b)   Each Massage Therapist Permit shall be placed at the point of entry into each Massage Business at all times the Massage Therapist holding the Massage Therapist Permit is on duty. A Massage Therapist conducting a Massage at a location other than the licensed Massage Business premises, as allowed in Section 11-508(c) shall carry their Massage Therapist Permit with them to such location. The Massage Therapist Permit, among other items, shall bear a photograph of the Massage Therapist Permit holder.

(Ord. 863)

(a)   A non-refundable Massage Business Permit fee of two hundred dollars ($200) shall be submitted with the application. Upon approval the Permit shall be valid for a period of one (1) year from the date issued.

(b)   A non-refundable Massage Therapist Permit fee of one hundred fifty dollars ($150) shall be submitted with the application for a Permit. Upon approval the Permit shall be valid for a one (1) year period from the date issued.

(c)   Renewal of Massage Business Permit. Any Massage Business desiring to renew a Massage Business Permit shall make application to the City. The application for renewal must be filed not later than thirty (30) days before the Massage Business Permit expires. The application for renewal shall be filed with the City Clerk’s office. The fee for renewal shall be one hundred fifty dollars ($150) and shall not be refundable. A renewal Permit shall be valid for one (1) year from the date issued.

(d)   Renewal of Massage Therapist Permit. Any Massage Therapist desiring to renew a Massage Therapist Permit shall make application to the City. The application for renewal must be filed not later than thirty (30) days before the Massage Therapist Permit expires. The application for renewal shall be filed with the City Clerk’s office. The fee for renewal shall be one hundred dollars ($100) and shall not be refundable. The renewal Permit shall be valid for one (1) year from the date issued

(Ord. 863)

It shall be a violation for a person to:

(a)   operate a Massage Business without a Massage Business permit;

(b)   perform or offer to perform Massage Therapy without a Massage Therapist Permit;

(c)   perform a Massage at a location that has not been issued a Massage Business permit; however, it shall not be a violation when a person holding a Massage Therapist Permit provides a Massage at a licensed nursing home or residence of the person receiving the Massage;

(d)   perform or offer to perform with any customer any sexual act prohibited by state statute or city ordinance or perform or offer to perform on any customer any Massage Therapy or service of a Massage Business with the intent to arouse or gratify the sexual desires of the Massage Therapist, customer or any other person present during such services;

(e)   for a person who owns, rents, leases, operates or manages a Massage Business to cause, allow or permit in or about said Massage Business, any person to engage in acts prohibited in this article;

(f)    allow insurance coverage to lapse. A copy of the insurance policy or a certificate of insurance shall be posted on the premises of a Massage Business in a location that is open to the public.

(g)   serve or consume alcoholic beverages or cereal malt beverages in or upon any Massage Business premises;

(h)   any other act that is prohibited by this article.

(Ord. 863)

(a)   The Chief of Police may deny an application for a Massage Business Permit for failure to comply with standards set forth at Section 11-503.

(b)   The Chief of Police may deny any application for a Massage Therapist Permit for failure to comply with standards set forth at Section 11-505.

(c)   The Chief of Police shall give notice of a denial of a Massage Therapist Permit or a Massage Business Permit by providing a written notice addressed to the person to whom the denial applies that sets forth the reasons for the denial. The written notice shall be deemed to be served if it is hand-delivered to the person or if it is mailed, postage prepaid, through the United States Postal Service to the address set forth in the person’s application.

(Ord. 863)

(a)   The Chief of Police may revoke a Massage Business Permit or a Massage Therapist Permit if a Massage Business or a Massage Therapist violates any prohibited act contained in this article.

(b)   The Chief of Police shall give notice of a revocation of a Massage Business Permit or Massage Therapist Permit by providing a written notice addressed to the person to whom the revocation applies that sets forth the reasons for the revocation. The written notice shall be deemed to be served if it is hand-delivered to the person or if it is mailed, postage prepaid, through the United States Postal Service to the address set forth in the person’s application.

(Ord. 863)

(a)   An appeal of a denial of an application or revocation of a Massage Therapist Permit or Massage Business Permit may be made to the City Administrator. Such an appeal, including the basis for the appeal, shall be filed in writing with the City Clerk within ten (10) calendar days of the date an applicant receives written notice of a denial from the Chief of Police.

(b)   The City Administrator shall conduct a hearing within twenty (20) calendar days of receiving a request for a hearing.

(1)   At the hearing, all concerned parties shall be given an opportunity to present relevant evidence and witnesses as determined by the City Administrator. All parties shall have the right of cross-examination.

(2)   All parties shall have the right to have legal representation at the hearing of the appeal.

(3)   The City Administrator shall render a decision in writing within ten (10) business days of the hearing’s conclusion.

(4)   The decision of the City Administrator shall be a final decision. An aggrieved party may file an appeal with the Sedgwick County District Court within thirty (30) days of the date the City Administrator issues his/her written decision.

(Ord. 863)

A police officer of the City may from time to time make an inspection of a Massage Business for the purpose of determining that the provisions of this article are complied with. Inspections shall be made at reasonable times and in a reasonable manner. It shall be a violation of this article if an officer of the City is refused the right to inspect the premises after a request to inspect has been made.

(Ord. 863)

A Massage Business 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 article. The violation of any such provisions by any agent or employee of the Massage Business shall constitute a violation by the Massage Business.

(Ord. 863)

Any person violating any of the provisions of this article, shall, upon conviction, be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense and/or not more than thirty (30) days in jail, or both said fine and imprisonment. Each day a violation occurs shall constitute a separate offense.

(Ord. 863)

The following persons are exempted from the requirements to obtain a Massage Therapist Permit:

(a)   Medical doctors, chiropractors, osteopaths, physical therapists, barbers and cosmetologists as to massage of the scalp, who are licensed to practice their respective professions in Kansas or who are permitted 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)   Nurses and hospital employees who are registered under the laws of Kansas while in the normal course of their duties.

(c)   A trainer of any duly constituted athletic team while in the normal course of his duties.

(d)   Any student of a Massage Therapy School, and the Massage Therapy is conducted under the supervision of a Massage Therapist who holds a valid Massage Therapist Permit.

(Ord. 863)