§ 20-1. Territorial applicability; definitions.

(a)

The provisions of this chapter apply only in the city.

(b)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Business premises means those premises where a private or public commercial enterprise is conducted, but specifically not to include businesses conducted in a private residence, premises used for joint residential and business purposes, hotels and motels.

Healing arts practitioner means as defined by the provisions of K.S.A. 65-2801 et seq.

In-office massage therapy means massage that is conducted on the business premises of a massage client and is limited to massage therapy applied only above the massage client's waist.

In-office massage therapy establishment means any establishment having a place of business where any person, firm, partnership, association, or corporation engages in the activities mentioned in the definition of "in-office massage therapy" in this section for compensation.

Massage means any method which may include, but not specifically limited to stroking, kneading, tapping, compression, vibration, rocking, friction, pressure, and those techniques based upon manipulation or the application of pressure to the muscular structure or soft tissues of the human body, which may also include nonforceful passive or active movement and/or the application of techniques intended to affect the energetic systems of the body. These activities shall be conducted for therapeutic purposes such as promoting circulation of the blood and lymph, relaxation of muscles, relief from pain, restoration of metabolic balance and other benefits, both physical and mental. The use of oils, lotions, powders, or other lubricants may also be included. The term "massage," as defined herein, does not include the touching in any fashion of human genitalia.

Massage establishment means any establishment where any person, firm, partnership, association or corporation engages in or carries on or permits to be engaged in or carried any of the activities mentioned in the definition of "massage" for compensation, but does not include in-office massage therapy establishments, nor does it include any businesses licensed under section 19-356 et seq.

Massage therapist means any person who, for any consideration whatsoever, engages in the practice of massage as herein defined.

Patron means any person over 18 years of age who utilizes or receives the services of any establishment subject to the provisions of this chapter and under such circumstances that it is reasonably expected that he will pay money or give any other consideration therefor, provided a person under the age of 18 may utilize or receive massage therapy from a licensed massage therapist if accompanied by a parent or legal guardian and the parent or legal guardian has authorized such therapy in writing.

(Code 1988, § 20-1; Ord. No. O-92-98, § 1, 10-22-1998)

Cross reference

Definitions generally, § 1-2.