§ 20-10. Issuance of massage therapy business license.

(a)

After the filing of an application in the proper form, the license administrator shall approve the issuance of a license for a massage therapy establishment, unless the license administrator finds that:

(1)

The correct license fee has not been tendered to the unified government, and, in the case of a check or bank draft, honored with payment upon presentation;

(2)

The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the unified government's building, zoning, and health regulations;

(3)

The applicant, if an individual, or any of the stockholders holding more than ten percent of the stock of the corporation, any of the officers and directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, and the manager or other person principally in charge of the operation of the business, having been convicted of or diverted on:

a.

A felony;

b.

An offense involving sexual misconduct with children;

c.

Obscenity;

d.

Promoting prostitution, as defined by K.S.A. 21-3513;

e.

Solicitation of a lewd or unlawful act;

f.

Prostitution; or

g.

Pandering or other sexually related offense.

(4)

The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the license application or in any document required by the unified government in conjunction therewith;

(5)

The applicant has had a massage therapy license or other similar permit or license denied, revoked, or suspended for any of the causes listed in this subsection by the unified government or any other state or local agency within five years prior to the date of the application;

(6)

The applicant is currently licensed for an adult entertainment business (as defined in this Code) or escort service;

(7)

The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, and the manager or other person principally in charge of the operation of the business has not obtained the age of 18 years; and

(8)

The manager or other person principally in charge of the operation of the business would be ineligible to receive any license under the provisions of this chapter.

(b)

The license shall state that it is not transferable or refundable. The license shall be kept posted in a conspicuous place on the premises of the licensee. If an applicant is disapproved, the applicant shall be immediately notified by certified mail, return receipt requested, mailed to the last known mailing address of the applicant, and the notice shall state the basis for the disapproval. Any applicant aggrieved by the disapproval may appeal the determination of the license administrator to the unified board of commissioners; provided that any such appeal must be filed in writing with the unified government clerk within 10 days of mailing of the disapproval.

(c)

Any license issued under the provisions of this chapter shall at all times be displayed by the licensee in an open and conspicuous place on the premises where the licensed business is conducted.

(Code 1988, § 20-10; Ord. No. O-92-98, § 1, 10-22-1998; Ord. No. O-54-11, § 2, 12-1-2011)