§ 19-381. Application for an entertainer, employee, masseur, or masseuse permit.

(a)

Any person desiring to obtain a permit either as an entertainer, employee, masseur, or masseuse in an adult business shall, on forms provided by the respective department, make application:

(1)

Where the business is located within the city, to the Kansas City, Kansas Police Department; or

(2)

Where the business is located outside the limits the city, to the Wyandotte County Sheriff's Department;

A nonrefundable permit fee of $100.00 shall be submitted with the application.

(b)

An applicant for a permit shall furnish the following information under oath:

(1)

Name, including all aliases, address, telephone number, and social security number.

(2)

Written proof that the individual is at least 18 years of age.

(3)

All residential addresses of the applicant for the past three years.

(4)

The applicant's sex, height, weight, eye and hair color.

(5)

The adult business license history and the entertainer, employee, masseuse, or masseur permit history of the applicant; whether such applicant, previously operating in this or any other city, county, or state under such license or permit, has had such license or permit revoked or suspended and the reason therefor; and the business activity or occupation subject to such action of suspension or revocation and the name of the city, county, or state which revoked the license or permit.

(6)

All federal, state, or municipal convictions; forfeitures of bond; pleas of nolo contendere for specified criminal acts; and entries into diversion programs for any offense defined as a specified criminal act, fully disclosing the jurisdiction where the matter occurred, the offense involved, and the court and case number.

(7)

Fingerprints and two portrait photographs at least two inches by two inches of the applicant.

(8)

The length of time immediately preceding the date of the application that the applicant has been a resident of the city or the county.

(9)

A statement by the applicant that he is familiar with the provisions of this article and is currently acting or will act in compliance with this article.

(10)

Authorization for the unified government and its agents and employees to seek and obtain information and to conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.

(11)

Any person who engages or intends to engage in the practice of massage as herein defined, upon making application for a permit, shall supply the name and address of the recognized school attended, the date attended, and a copy of the diploma or certificate of graduation awarded the applicant showing the applicant has successfully completed not less than 70 hours of instruction in the theory, method, or practice of massage.

(12)

Applicants for a masseur or masseuse permit may substitute one year's continuous experience as a masseur or masseuse in lieu of the requirement of a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method and work of massage is taught. Such masseur or masseuse must obtain an affidavit attesting to such experience from the owner of the establishment where the continuous year of experience occurred.

(c)

Within ten days of receiving the application, the city police department, in the case of an application for a permit to work in a business within the city, or the county sheriff's department, in the case of an application to work in a business outside the city limits, shall examine the application. If the application is complete, the applicant is qualified and all the applicable requirements set forth herein are met, the application shall be approved. If any application has not been either approved or denied within ten days following the date the application was submitted, the city police department, in the case of an application for a permit to work in a business within the city, or the county sheriff's department, in the case of an application to work in a business outside the city limits, shall, at the request of the applicant, issue a temporary permit allowing the applicant to work at the adult business. If an application for an entertainer, employee, masseur or masseuse permit is denied, the applicant shall be immediately notified by registered or certified mail to the applicant's last known mailing address, and the letter of notification shall state the basis for such disapproval. Upon disapproval of the application, any temporary permit that may have been issued shall be revoked unless the applicant appeals the denial. Any applicant aggrieved by the denial of a permit application may seek judicial review of the denial in accordance with the provisions of section 19-394.

(d)

Any temporary permit issued pursuant to this section shall state on its face an expiration date 45 days after its date of issuance; provided, however, that, if the employee's permit application or appeal from a denial of a permit or permit renewal is continuing at the end of each successive 45-day period, at the request of the applicant the city police department, in the case of an application for a permit to work in a business within the city, or the county sheriff's department, in the case of an application to work in a business outside the city limits, shall issue a renewal temporary permit, which shall expire 45 days after its issuance. Notwithstanding the stated 45-day expiration date, the temporary permit shall expire upon either the issuance of a permanent permit, the withdrawal of any appeal from the denial of issuance of a permit, or the termination of any appeal of the denial of issuance of a permit. Upon the denial of the issuance of the permit (if not appealed), or the unsuccessful or withdrawal of appeal of the denial of issuance of the permit, the applicant shall immediately return the temporary permit to the city police department, in the case of an application for a permit to work in a business within the city, or the county sheriff's department, in the case of an application to work in a business outside the city limits. It shall be unlawful for any applicant to fail to return the temporary permit within three business days after the denial of the issuance of the permit (if not appealed), or the unsuccessful appeal or withdrawal of appeal of the disapproval of the permit.

(e)

Refusal or failure of the applicant to provide any information relevant to the investigation of the application, refusal or failure to appear at any reasonable time and place for examination under oath regarding said application, refusal to submit to or cooperate with any investigation required by this article, or refusal or failure to appear before the unified government board of commissioners after requesting a hearing shall constitute an admission by the applicant that he is ineligible for such permit and shall be grounds for denial thereof by the police department, the sheriff's department, or the unified government board of commissioners.

(Ord. No. O-01-07(Res. No. R-01-07), § 1(2.5-7), 1-4-2007)