5.36.140 Massage Therapy Establishment Regulations.
The operation of any massage therapy establishment will be subject to the following regulations:
(A) The licensee or operator will personally supervise the establishment, and will not violate or permit others to violate any applicable provision of this chapter. The licensee is responsible for ensuring that when the establishment is open for business, the establishment is always personally supervised by an on-site licensee or an operator.
(B) Every licensee will 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 chapter. 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 constitutes a violation by the licensee and may be grounds for suspension or revocation of same.
(C) The massage therapy establishment will be closed and operations will cease between the hours of 10:00 p.m. and 6:00 a.m.
(D) No alcoholic or cereal malt beverages, nor the possession or consumption thereof, will be allowed in or upon the massage therapy establishment premises.
(E) All licensees, operators, massage therapists and employees will wear outer garments while at the establishment. Lingerie, diaphanous, or transparent clothing is prohibited. All licensees, operators, massage therapists and employees must be fully clothed at all times.
(F) The establishment must be kept clean and operated in a sanitary manner.
(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 a licensee, operator, massage therapist or employee.
(H) Any contact by a licensee, operator, massage therapist or employee with a patron’s pubic region, genitals, perineum, anal region, and/or the female breast is prohibited.
(I) Clean, laundered sheets and towels will be provided to patrons for use. Such items will be laundered after each use thereof and stored in a sanitary manner.
(J) Wet and dry heat rooms, showers and other bathing compartments, and toilet rooms will be thoroughly cleaned each day the massage therapy establishment is in operation. Bathtubs or individual soaking areas will be thoroughly cleaned after each use.
(K) Table showers are prohibited.
(L) The licensee or operator of a massage therapy establishment will keep and maintain on the premises a current register of all massage therapists, showing each individual’s name, home address, telephone number, license number and a copy of the therapist’s license and government-issued identification. Such register will be open to inspection during business hours by any health official or police officer.
(M) The licensee or operator of a massage therapy establishment will keep a daily register at the massage therapy establishment of all patrons, with names, addresses, telephone numbers, and parental or legal guardian authorization (if applicable). Said daily register will, at all times during business hours, be subject to inspection by any health official or police officer and must be kept on file for one (1) year from the date of each entry.
(N) No massage therapy establishment operator or employee will 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 under this chapter.
(O) No individual will sleep between the hours of 10:00 p.m. and 6:00 a.m. at, reside at, or inhabit a massage therapy establishment. Prima facie evidence of violating this provision includes but is not limited to the presence of a cot, sleeping bag, air mattress, bed mat, or bed.
(P) No operator or employee will permit the provision, offer to provide or provide to any patron any service with the intent to arouse or gratify the sexual desires of the operator, massage therapist, employee or patron.
(Q) For a massage therapy establishment with a front entrance area separate from any private office(s) or massage therapy room(s):
(1) If the establishment has at least one front entrance door with glass, then the glass in at least one front entrance door must be maintained so as to allow full view into the establishment from outside.
(2) If the establishment does not have any front entrance doors with glass, but has at least one window which provides a view into the front entrance area, then the glass in at least one such window must be maintained so as to allow full view into the establishment from outside.
(R) The massage therapy establishment must post a notice provided by the Olathe Police Department containing contact information to report or seek help for human trafficking. The notice must be in a conspicuous place near the public entrance of the establishment or in another conspicuous place that the public and employees can see. The notice must be eight and one-half inches (8 ½") by eleven inches (11") in size. The form and content of the notice may not be altered without the authorization of the Olathe Police Department. (Ord. 20-37 § 11, 2020; Ord. 19-67 § 4, 2019; Ord. 15-60 § 17, 2015.)