5.36.080 Issuance, Denial, Voidance of Massage Therapy Establishment License or Massage Therapist License.
(A) The City will examine the application and, after such examination, will issue a massage therapy establishment license or massage therapist license unless the City finds that:
(1) The applicant has a conviction based on the charged allegations for:
(a) A person felony, as defined by Kansas law;
(b) A nonperson felony, as defined by Kansas law, in the ten (10) years immediately preceding the date of the application;
(c) An offense involving sexual misconduct with children;
(d) Obscenity;
(e) Promoting prostitution or equivalent offense;
(f) Solicitation of a lewd act;
(g) Prostitution, buying sexual relations, or selling sexual relations, or equivalent offense;
(h) Any other sex-related offense;
(i) Any criminal charge applicable to massage therapy arising out of the individual’s prior massage establishment(s) or individual massage therapist license(s) in the ten (10) years immediately preceding the date of the application; or
(2) The applicant:
(a) Is not over the age of eighteen (18) years; or
(b) Has an active warrant for arrest for or is currently charged with any criminal charge listed in subsection (A)(1) of this section; or
(c) Has previously been issued a license by any city or state for an adult business establishment or escort service or has been employed by any such establishment; or
(d) Has made any false, misleading, or fraudulent statement of fact in or in support of the application for a massage therapy establishment license or massage therapist license in any city or state; or
(e) Has voluntarily surrendered a massage establishment license or massage therapist license in lieu of revocation, or had such license revoked or such license is currently suspended by any city or state; or
(f) Has not satisfied the educational requirements of this chapter; or
(g) The applicant has previously been denied a massage therapist or massage therapy establishment license by the City within the prior twelve (12) months based on making a false, misleading, or fraudulent statement of fact in or in support of the application; or
(3) The fee has not been paid to the City; or
(4) The proposed massage therapy establishment would not comply with all applicable laws, including, but not limited to, the City’s building, zoning, and health regulations; or
(5) For a massage therapy establishment license, there are facts which reasonably indicate that the establishment’s operations would be influenced by an individual with a relationship with the applicant and such individual has previously been denied a massage therapy establishment license or massage therapist license in any city or state or had such license revoked, suspended, or nonrenewed or would be ineligible for a license under this chapter.
(B) Any license issued under the provisions of this chapter must be displayed at all times by the licensee in an open and conspicuous place in the massage therapy establishment.
(C) Renewal applications are subject to the same criteria as an original application except as provided otherwise in Sections 5.36.050(E) and 5.36.050(F).
(D) If the application is denied, the applicant will be notified by United States first class mail, postage prepaid, mailed to the applicant’s mailing address as identified in the application.
Upon denial, based upon any false, misleading, or fraudulent statement of fact in or in support of a massage establishment license or massage therapist license application related to subsection (A)(1)(j)* of this section, the applicant shall be ineligible to reapply for any license under this chapter for a period of one (1) year from the date of denial. A denied applicant can submit a written request for a waiver of the ineligibility to the Chief of Police, who may grant such waiver upon a showing of good cause.
(E) If a license is issued and it is determined that the license should not have been issued because of noncompliance with this section, then the City will void the license and notify the applicant by United States first class mail, postage prepaid, mailed to the applicant’s mailing address as identified in the application.
(F) Any applicant aggrieved by a denial of an application or a denial of a request for a waiver of ineligibility may seek judicial review of the decision pursuant to Kansas law. (Ord. 20-37 § 6, 2020; Ord. 19-67 § 3, 2019; Ord. 15-60 § 9, 2015.)
*OMC 5.36.080(A)(1)(j) was repealed by Ord. 20-37.