(a)   It shall be unlawful for a person to provide off-site massage therapy, or to provide massage therapy at a massage therapy establishment, unless such person has a valid massage therapist's license issued by the city. Provided, however, a massage therapist license is not required for a student enrolled in a massage therapy program at an accredited institution during the time such student is completing a clinical requirement for graduation and is practicing massage therapy while under the direct supervision of a massage therapist who holds a valid license under this article. Direct supervision requires the presence of the city-licensed massage therapist to be on the same premises as the student providing massage therapy services.

(b)   A massage therapist license is valid for a period of two years from the date of issuance, unless it is terminated earlier pursuant to this article.

(Ord. 2023-04)

(a)   The application for a massage therapist license shall be submitted on the form provided by the city. An application shall not be considered complete until all the information has been provided on the city's forms and the application and criminal background check fees have been paid to the city.

(b)   The application fee for a massage therapist license shall be $45.00. The applicant shall also pay to the city the cost of the city's criminal background investigation. The criminal background investigation fee shall be waived if the city has conducted a criminal background investigation on the applicant for a license issued pursuant to this article within the past 30 days. The fees are non-refundable.

(c)   The application for a massage therapist license shall set forth the exact nature of the services to be provided, including whether the massage therapist will provide off-site massage therapy and the name and address of each massage therapy establishment within the city limits at which the massage therapist will provide massage therapy services.

(d)   The application shall include the following information for the applicant massage therapist:

(1)   Name, residential address and telephone number;

(2)   Evidence that the applicant is at least 18 years old by providing a copy of a current state- or federal-issued form of photo identification;

(3)   Business, occupation, or employment of the applicant for the three years immediately preceding the date of application;

(4)   A statement made under oath as to whether the applicant has had a massage therapy establishment license or massage therapist license denied, suspended or revoked, or has surrendered such a license in lieu thereof, in the city or in any other state or city within the preceding ten years; and

(5)   Information and authorization necessary to perform a criminal background investigation on the applicant, on a separate form provided by the city.

(6)   If a license is issued upon the application, the licensee must provide any changes to the information on the application at least 14 days prior to the effective date of the change. The city clerk shall review the change in information for compliance with this article and notify the licensee whether the change is approved or denied.

(Ord. 2023-04)

Any person who engages or intends to engage in massage therapy for any consideration whatsoever must provide, for a license application other than a renewal application, proof of compliance with the educational requirements or, if the license application is submitted within 60 days of the effective date of this ordinance, proof of compliance with the substitute practical requirements, as follows:

(a)   Compliance with educational requirements, evidenced with one or more of the following documents:

(1)   Proof the applicant has sat for and passed the Massage and Bodywork Licensure exam of the Federation of State Massage Therapy Boards (MBLEx); or

(2)   Proof the applicant has sat for and passed the National Certificate of Therapeutic Massage and Bodywork exam (NCTMB) prior to February 1, 2015; or

(3)   An official transcript showing the applicant has successfully completed a minimum of 500 instructor taught classroom hours within a recognized massage therapist school; or

(4)   Proof of 150 credit hours of education in a massage therapy program from an accredited institution or massage therapist school, at least 12 hours of continuing education units in the last five years, and membership in a nationally recognized massage therapy association.

(b)   If a license application is submitted within 60 days of the effective date of this ordinance, the applicant may submit documentation in accordance with subsection (a), or, at the applicant's option, all of the following documents to prove compliance with substitute practical requirements:

(1)   A sworn statement from the applicant, on a form provided by the city, stating that the applicant is engaged in the practice of massage therapy upon the date of application and that the applicant has been continuously engaged in the practice of massage therapy, for a minimum of ten hours each week, within the five years immediately preceding the date of application;

(2)   A sworn statement from a city-licensed massage therapist, on a form provided by the city, stating that the applicant is engaged in the practice of massage therapy upon the date of application and that the applicant has been continuously engaged in the practice of massage therapy, for a minimum of ten hours each week, within the five years immediately preceding the date of application; and

(3)   The applicant provides at least one additional form of documentation that the applicant has practiced massage therapy for the preceding five years, including, but not limited to, tax returns, gross tax receipts, or monthly client receipts.

If such license is issued with substitute practical requirements, the licensee shall be entitled to renew such license if the licensee complies with section 5-304 and the other requirements of this article. Provided that, if the license based upon substitute practical requirements, expires or is terminated, the licensee must meet the educational requirements set forth in subsection (a) upon re-application.

(Ord. 2023-04)

Upon continuous renewal of an existing, valid massage therapist license, the massage therapist applicant shall provide proof with the renewal application that he or she has received a minimum of 12 hours (50 minutes per hour) of professional massage therapy continuing education offered through an accredited institution, massage therapist school, or nationally recognized massage therapy association. Continuing education credit will be awarded for each hour of training completed in the theory and clinical application of massage, clinical business practices, hygiene, record keeping, professional ethics, and other similar courses.

(Ord. 2023-04)

Upon receiving a complete license application, and following the completion of the applicant's criminal background investigation by the city, the city clerk shall issue a massage therapist license if the applicant meets the requirements of this article. Provided that, the city clerk shall not issue a massage therapist license if any of the following conditions exist:

(a)   The applicant:

(1)   Is younger than 18 years of age;

(2)   Is a registered sex offender;

(3)   Has, within the past five years immediately preceding the date of application, been convicted of any felony or any crime involving moral turpitude;

(4)   Made any false, misleading, or fraudulent statement of fact in the license application or in any document required by the city in conjunction therewith; or;

(5)   Has had a massage therapy establishment or massage therapist license or permit denied, revoked or suspended, or has voluntarily surrendered such permit or license in lieu of revocation or suspension, by the city or by any other state or local jurisdiction, within ten years prior to the date of application.

(b)   For any application other than a renewal application, the applicant does not meet the educational or substitute practical requirements set forth in section 5-303. For a renewal application, the applicant does not meet the continuing education requirements set forth in section 5-304.

(Ord. 2023-04)

The massage therapist shall comply with the following regulations:

(a)   A massage therapist shall not violate any applicable provision of this article, including, but not limited to, any regulation pertaining to a massage therapy establishment.

(b)   A massage therapist shall not provide massage therapy on any patron between the hours of midnight and 6:00 a.m.

(c)   A massage therapist shall not consume any alcoholic or cereal malt beverages while providing massage therapy.

(d)   While providing massage therapy pursuant to this article, a massage therapist shall wear clean clothing that covers the person's chest, buttocks and genital areas. Such clothing shall not be transparent or translucent.

(e)   A massage therapist shall ensure that 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.

(f)   A massage therapist shall not touch or make contact with a patron's pubic region, genitals, perineum, and/or the anal region.

(g)   A massage therapist shall not provide or permit any massage therapy to be provided to a patron under the age of 16 years old, unless the parent or legal guardian has authorized the massage therapy in writing, and the parent or legal guardian is present while the massage therapy is provided. "Present" means that the parent or legal guardian is physically present within the massage therapy establishment, or in the case of off-site massage therapy, within the same premises as the minor.

(h)   A massage therapist shall not provide or permit any massage therapy to be provided to a patron aged 16 or 17 years old, unless the patron's parent or legal guardian authorizes the massage therapy in writing.

(i)    A massage therapist shall not 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 by the license or under this article.

(j)    A massage therapist shall not permit the provision, offer to provide or provide to any patron any service with the intent to arouse or gratify the sexual desires of any person.

(k)   A massage therapist shall maintain a contemporaneous daily register of the massage therapist's patrons for the day. The daily register shall include each patron's appointment time, name, residential address, telephone number, and in the case of a minor patron, parental or legal guardian authorizations. The daily register shall also note the address at which the massage therapist provided the patron's massage therapy. The massage therapist shall keep the daily register for one year from the date, and must promptly provide the register to an employee of the Frontenac Police Department, upon receiving a request during business hours.

(l)    A massage therapist must display his or her license at all times, as follows:

(1)   In an open and conspicuous place in any massage therapy establishment where the massage therapist performs massage therapy; and

(2)   In the case of off-premises massage therapy, the massage therapist must carry his or her license to the patron's premises, and display the license upon the patron's request.

(Ord. 2023-04)