Chapter 5 · Business Licenses and Regulations
Article 2. Massage and Bath Businesses
5-201 Definitions
Unless otherwise clearly indicated by the context used in this article, the following terms are defined as indicated.
(a)Attendant — shall mean any person who administers any service of a bath business or massage business.
(b)Bath Business — shall mean the business of offering or providing for a consideration any service of baths of any kind, including all forms and methods of hydrotherapy.
(c)Bathhouse — shall mean a fixed and certain place where bath business is operated.
(d)Customer — shall mean any person who receives any service of a bath business or massage business.
(e)Employee — shall mean any person employed in any capacity by the operator of a bath business or massage business.
(f)Massage Business — shall mean the businesses of offering or providing for consideration any service of massage or body manipulation, including: (1) exercise, (2) heat or light treatments, (3) all forms and methods of physiotherapy, and (4) manual or other forms of contact massage or manipulation of any part of the human body.
(g)Massage Parlor — shall mean a fixed and certain place where a massage business is operated.
(h)Offering and Offer — shall include any form of communication by any medium.
(i)Operator — shall mean the person to whom a license is issued.
(j)Permit — shall mean the permit issued by the board of county commissioners to an attendant.
(k)Person — shall mean any individual, corporation, partnership, association, firm, joint venture, company or other organization of any kind.
(Ord. 208, Sec. 1)
5-202 Prohibitions and unlawful acts.
(a)No operator, attendant or employee shall permit to be performed, offer to perform or perform any service of a massage business or bath business on a customer whose sex is not the same as the attendant administering the service.
(b)No operator, attendant or employee shall permit to be performed, offered to perform or perform oral or anal copulation with a customer or manual or other contact stimulation of the genitalia of a customer.
(c)No operator, attendant or employee shall permit to be performed, offered to be performed or perform on a customer any service of a massage business or bath business with the intent to arouse or gratify the sexual desires of the operator, attendant, employee or customer.
(Ord. 208, Sec. 2)
5-203 Exemptions.
The following persons are exempted from the provisions of this article:
(a)Persons licensed under the laws of the State of Kansas to practice any of the healing arts, podiatry or physical therapy as defined by the statutes of this state and while engaged in their licensed practice and all persons working under their supervision and control.
(b)Persons employed by licensed medical care facilities, licensed adult care homes, or a person licensed as a professional or practical nurse while engaged in their usual duties.
(c)A person certified under the laws of this state while engaged in barbering or cosmetology as defined by the laws of this state.
(Ord. 208, Sec. 3)