As used in this article the following words and phrases shall mean:
(a) Accredited institution shall mean a post-secondary institution that is accredited by one of the regional agencies of the higher learning commission or an institution recognized by the Kansas Board of Regents to provide vocational, technical or post-secondary education in the state.
(b) Convicted or conviction shall mean being found guilty or entering into a diversion agreement or deferred judgment agreement.
(c) Crimes involving moral turpitude includes charges of sale of sexual relations, prostitution, buying sexual relations, patronizing a prostitute, human trafficking, promoting prostitution, aggravated human trafficking, sodomy, soliciting for immoral purposes, public nudity, lewd and lascivious behavior, sexual battery, loitering for the purposes of solicitation, commercial sexual exploitation of a minor, indecent liberties with a child, incest, adultery, bigamy, promoting obscenity, promoting obscenity to minors, displaying material harmful to minors, any crime set forth in Article 55 of Chapter 21 of the Kansas Statutes Annotated; possession, sale or distribution of any illegal drug or controlled substance or any other offenses similar to those listed herein that are contrary to the laws of any city, state or of the United States.
(d) Duly authorized athletic team shall mean any semi-professional or professional athletic team, or any athletic team organized by and associated with any elementary, middle or high school; any secondary educational institution or accredited post-secondary educational institution.
(e) Employee shall mean any person, other than a massage therapist, who renders any service for or on behalf of a licensee under this article and/or who receives compensation from the licensee or a patron.
(f) Massage therapist shall mean any person who, for any consideration whatsoever, engages in massage therapy.
(g) Massage therapy shall mean a service involving the external manipulation or pressure of soft tissue for therapeutic purposes. It is the application of a system of structured touch, pressure, movement and holding of the soft tissue of the human body in which the primary intent is to relieve pain, improve circulation, relieve stress, increase relaxation and enhance or restore the health and well-being of the client. The practice of massage therapy includes complementary methods, including the external application of water, heat, cold, lubrication, salt scrubs, body wraps or other topical preparations; and electromechanical devices that mimic or enhance the actions possible by the hands.
(h) Massage therapy establishment shall mean any establishment where any person engages in massage therapy for any compensation whatsoever.
(i) Massage therapist school shall mean an approved massage therapy education program that meets the criteria established in this chapter, and any amendments thereto, and is both authorized in the jurisdiction in which it is located and that reflects a curriculum acceptable to an accrediting body recognized by the United States Department of Education. Education received outside of the United States must be substantially equivalent to the criteria of this chapter and must be recognized by the jurisdiction in which it is located.
(j) Off-site massage therapy shall mean massage therapy that is provided, for any consideration whatsoever, by a massage therapist upon any business or residential premises provided by the patron, other than upon the premises of a massage therapy establishment or upon the massage therapist's residential premises.
(k) Operator shall mean the following persons:
(1) A massage therapy establishment licensee;
(2) Any person with a financial interest in the partnership, corporation, limited liability company or other type of organization that owns or operates the massage therapy establishment license, if such person who has more than a ten-percent interest in such entity; or
(3) Any person whom the licensee designates on the massage therapy establishment license as a person who may be principally in charge of a massage therapy establishment at any given time, including, but not limited to, a manager.
(l) Patron shall mean any person who utilizes or receives the services of any massage therapist and/or massage therapy establishment under such circumstances that it is reasonably expected he or she will pay money or give any other consideration therefor.
(Ord. 2023-04)
The provisions of this article shall not apply to the following:
(a) Any medical care facility as defined and licensed under the laws of this state applicable to such medical care facility or persons employed thereby, while engaged in their usual duties for such medical care facility;
(b) Any adult care home as defined and licensed under the laws of this state applicable to such adult care home or persons employed thereby, while engaged in their usual duties for such adult care home;
(c) A business solely utilizing mechanized or electric massage chairs or tables which does not otherwise offer or provide personal massage therapy services any person and which does not otherwise employ massage therapists;
(d) Persons holding an unrevoked license or certificate issued by the Kansas Board of Healing Arts to practice any of the healing arts under the laws of the state while such persons are engaged in their licensed practice; and all persons working under the supervision and control of such licensed persons while engaged in their licensed practice;
(e) Persons holding an unrevoked license or certificate issued by the Kansas Board of Nursing to practice nursing under the laws of the state while such persons are engaged in their licensed practice; and all persons working under the supervision and control of such licensed persons while engaged in their licensed practice;
(f) Any person engaged in the practice of cosmetology or apprentice while carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued under the laws of this state applicable to such cosmetology practice;
(g) Any person providing massage therapy to a person related to them by blood or marriage when there is no consideration for such massage therapy; or
(h) A trainer of any duly constituted athletic team while in the normal course of his or her duties.
Provided that, if any of the persons described in subsections (d) through (h) provide any massage therapy services other than as described in subsections (d) through (h), within a licensed massage therapy establishment or through off-site massage therapy, such person shall be required to obtain a massage therapist license prior to providing such services.
(Ord. 2023-04)
The city clerk shall have the power to make and enforce reasonable rules and regulations not in conflict with, but to carry out, the intent of this article.
(Ord. 2023-04)
(a) It shall be unlawful for any person to operate a massage therapy establishment that does not have a valid massage therapy establishment license issued by the city.
(b) A massage therapy establishment license is valid for a period of one year from the date of issuance, unless it is terminated earlier pursuant to this article.
(c) A massage therapy establishment licensee shall, 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 article. 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 license suspension or revocation.
(Ord. 2023-04)
(a) The application for a massage therapy establishment 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 investigation fees have been paid to the city.
(b) The application fee for a massage therapy establishment license shall be $200.00. 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 calendar days. The fees are non-refundable.
(c) The application shall include the following information for each operator of the massage therapy establishment:
(1) Evidence that each operator is at least 18 years old by providing a copy of a current state- or federal-issued form of photo identification;
(2) Each operator's name, current residential address and phone number;
(3) A statement made under oath, signed by each operator, as to whether the operator 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;
(4) A statement made under oath, signed by each operator, as to whether the operator is a registered sex offender or has, in the past five years immediately preceding the date of application, been convicted of any felony or any crime involving moral turpitude.
(d) The application shall include the following information for the license applicant:
(1) Information and authorization necessary to perform a criminal background investigation on the applicant, on a separate form provided by the city; and
(2) Business, occupation, or employment of the applicant for the three years immediately preceding the date of application.
(3) The application shall include the following information for the proposed massage therapy establishment:
(A) The address and location of the establishment;
(B) The business hours that the massage therapy establishment will be open to the public;
(C) The exact nature of services to be offered or provided within the massage therapy establishment;
(D) The "dba" or proposed name of the massage therapy establishment; and
(E) If the applicant does not own the proposed massage therapy establishment premises, the applicant shall provide evidence of applicant's ability to secure a lease for the proposed massage therapy establishment and contact information for the landlord.
(F) 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)
Upon receiving a complete license application and following the completion of the applicant's criminal background investigation by the city and building official's inspections, the city clerk shall issue a license for a massage therapy establishment if the license application and the location meet the requirements of this article. Provided that, the city clerk shall not issue a license for a massage therapy establishment if any of the following conditions exist:
(a) The applicant or any operator of the establishment:
(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) The massage therapy establishment location or premises:
(1) Does not comply with all applicable laws, including, but not limited to, the city's building codes and zoning regulations; or
(2) Is a home-occupation that does not meet the requirements of this article.
(Ord. 2023-04)
(a) Prior to the approval of a massage therapy establishment application, the building official shall conduct an inspection of the final establishment set-up to determine compliance with the following:
(1) The requirements of this article, as applicable to the premises; and
(2) The city's current building codes and zoning regulations.
(b) The massage therapy establishment license shall not be approved, and the establishment shall not conduct business at the premises, until and unless the establishment has successfully completed all required inspections within 90 days of submitting the license application.
If, within 90 days of the date the application is submitted, the inspections are not completed, or the premises fails to meet the inspection requirements set forth in subsections (a)(1) and (a)(2), the license application shall be denied.
(c) It shall be a condition of the issuance of each massage therapy establishment license that a city code official or any employee of the Frontenac Police Department shall have the right of immediate entry and inspection, during business hours, of the building containing the massage therapy establishment, to inspect for compliance with this article. The application for and acceptance of a massage therapy establishment license shall conclusively be consent of the applicant and licensee or operator to immediate entry and inspection of the licensed premises. Such consent shall not be revocable during the term of the license. A licensee or operator's refusal to or failure to allow entry or to hinder the inspection shall be grounds for license suspension or revocation.
(Ord. 2023-04)
The massage therapy establishment shall comply with the following operational regulations:
(a) Any person providing massage therapy within a massage therapy establishment must have a valid city-issued massage therapist license.
(b) An operator must be on the premises and supervise the massage therapy establishment at all times during business hours. In the case of an in-home massage therapy establishment approved pursuant to this article, the licensee and any operator must reside in the dwelling unit in compliance with the zoning regulations.
(c) The massage therapy establishment shall only operate during the business hours established on the massage therapy establishment license. In no case shall a massage therapy establishment be open or operate between the hours of midnight and 6:00 a.m.
(d) An operator, employee, or independent contractor of a massage therapy establishment shall not possess nor consume alcoholic liquor or cereal malt beverage upon the massage therapy establishment premises.
(e) A patron shall not possess or consume, or be permitted to possess or consume, alcoholic liquor or cereal malt beverage upon the massage therapy establishment premises. Provided that, if the massage therapy establishment premises is accessory to a different primary commercial use, including, but not limited to, a health or fitness club, spa, or salon, a patron shall not be permitted to consume nor possess alcohol in the portion of the premises where massage therapy occurs. As used in this subsection, "that portion" shall mean physical, visual and audible separation by permanently installed walls and doors between the area where massage therapy occurs and the area where alcoholic beverages or cereal malt beverages are possessed, sold or consumed.
(f) Each operator, employee and independent contractor at a massage therapy establishment shall wear clean clothing that covers the person's chest, buttocks and genital areas. Such clothing shall not be transparent or translucent.
(g) 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 an operator, massage therapist or employee.
(h) Any contact by an operator, employee or independent contractor with a patron's pubic region, genitals, perineum, and/or anal region is prohibited.
(i) Patrons shall be provided clean, laundered sheets and towels. Such items shall be laundered after each use and stored in a sanitary manner.
(j) Wet and dry heat rooms, showers, and other bathing compartments, and toilet rooms must be thoroughly cleaned and sanitized each day the massage therapy establishment is in operation. Bathtubs or individual soaking areas must be thoroughly cleaned and sanitized after each use.
(k) Each massage therapy establishment shall keep and maintain on the premises a current register of all massage therapists who operate on the premises. The register shall include each massage therapist's name, residential address, telephone number, a copy of the massage therapist's city-issued license and a copy of government-issued photo identification. Such register shall be open to inspection during business hours by any employee of the Frontenac Police Department.
(l) Each massage therapy establishment shall keep and maintain on the premises a daily register of each patron's appointment time and massage therapist provider. The register shall include each patron's name, residential address, telephone number, and for a minor patron, parental or legal guardian authorization. Such register shall be open to inspection during business hours by any employee of the Frontenac Police Department, and must be kept on the premises for one year from the date of each daily register.
(m) An operator, employee or independent contractor shall not place, publish, or 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.
(n) No person shall reside, inhabit or otherwise sleep overnight at a massage therapy establishment. Provided that, if the establishment is located in the massage therapist's residence, in compliance with this article, no person shall be permitted to reside, inhabit or otherwise sleep overnight in that portion of the residence that is devoted to the practice of massage therapy.
(o) No operator, employee or independent contractor shall permit the provision of, offer to provide, or provide any service with the intent to arouse or gratify the sexual desires of any person.
(p) The massage therapy establishment license issued under the provision of this article must be displayed at all times in an open and conspicuous place in the massage therapy establishment.
(Ord. 2023-04)
It shall be unlawful to establish a massage therapy establishment within a residential building unless the massage therapy establishment meets all of the following requirements:
(a) The licensed massage therapist occupies the dwelling unit either as an owner or a tenant with a written lease;
(b) The massage therapy establishment complies, upon application and during the license term, with the regulations related to home occupations in the zoning regulations and other adopted city codes;
(c) The massage therapy establishment does not employ any person, unless they reside in the dwelling unit, as required by the zoning regulations; and
(d) The massage therapy establishment complies, upon application and during the license term, with the requirements of this article.
(Ord. 2023-04)