City Commission

OTTAWA CITY COMMISSION REGULAR MEETING AGENDA Wednesday, November 6, 2024 - 7:00 pm Ottawa City Hall - 101 S. Hickory In accordance with Kansas Open Meetings Act (KOMA), the Citizens may in person, via Zoom or submit comments (300 meeting can be viewed live on Channel 23 and via Facebook Live words or less) for the City Commission to be read during public or listened to by dialing: 1-312-626-6799 and entering meeting comment or during discussion on an agenda item. ID 979 6273 3505#. To view on YouTube: https:// To submit your comment or request the meeting Zoom link to www.youtube.com/@ottawaksgov give a public comment, email publiccomments@ottawaks.gov If you need this information in another format or require a no later than 2:00 pm on November 6, 2024; all emails must in reasonable accommodation to attend this meeting, contact the your name and address. Participants who generate unwanted City’s ADA Coordinator at 785-229-3621. Please provide advance or distracting noises may be muted by the meeting host. If this notice of at least two (2) working days. TTY users please call 711. happens, unmute yourself when you wish to speak. I. CALL TO ORDER II. ROLL CALL ____ Skidmore ____ Allen ____ Caylor ____ Clayton ____ Crowley III. WELCOME IV. PLEDGE OF ALLEGIANCE V. INVOCATION - Pastor Darron Story, Westminster Presbyterian Church VI. PUBLIC COMMENTS Subject to the above restrictions, persons who wish to address the City Commission regarding items on the agenda may do so as that agenda item is called. Persons who wish to address the City Commission regarding items not on the agenda and that are under the jurisdiction of the City Commission may do so at this time when called upon by the Mayor. Comments on personnel matters and matters pending in court or with other outside tribunals are not permitted. Speakers are limited to three minutes. Any presentation is for information purposes only. The Governing Body will take comments under advisement. VII. APPOINTMENTS, PROCLAMATIONS, RECOGNITIONS, NOMINATIONS, AND PUBLIC HEARINGS A. Proclamation Recognizing November 3 - 9, 2024 as Animal Shelter Appreciation Week (P. 3) Comments: Animal shelters help both people and animals by responding to the needs of the community with everything from matching homeless animals with loving families to educating the public. Vanessa Cowie, Executive Director of Prairie Paws Animal Shelter, will accept the proclamation. VIII. CONSENT AGENDA A. Minutes from the October 21, 2024 City Commission Special Call Meeting (P. 4) B. Minutes from the October 23, 2024 City Commission Meeting (Pp. 5-7) C. Agenda Approval Motion: __________ Second: __________ Vote: __________ IX. DECLARATION At this time, I’d like to give the Commissioners a chance to declare any conflict or communication they’ve had that might influence their ability to consider today’s issues impartially. X. UNFINISHED BUSINESS A. Resolution Setting Public Hearing for Fairway Vista Reinvestment Housing Incentive District (RHID) - Tyler Ellsworth, Kutak Rock, LLP (Pp. 8-10) Comments: This resolution sets a public hearing to consider the RHID Development Plan and to consider the creation of the District for the Fairway Vista RHID. Motion: __________ Second: __________ Vote: __________ XI. NEW BUSINESS A. Request for Approval of Ordinance Allowing the Licensing and Regulation of Massage Establishments and Massage Therapists – City Clerk Reed and City Attorney Finch (Pp. 11-28) Comments: This ordinance establishes clear guidelines for the licensing and regulation of massage establishments and therapists, ensuring the safety, professionalism, and accountability of businesses within the City of Ottawa. Motion: __________ Second: __________ Vote: __________ B. Request for Approval of Resolution Setting A License Fee for Massage Establishments and Massage Therapists – City Clerk Reed and City Attorney Finch (P. 29) Comments: The proposed resolution sets a fair and structured fee for both massage establishments and therapists, balancing the costs of regulatory oversight with the need to support local businesses. Motion: __________ Second: __________ Vote: __________ XII. COMMENTS BY CITY MANAGER XIII. COMMENTS BY GOVERNING BODY XIV. ANNOUNCEMENTS A. November 6, 2024 City Commission Photograph - 6:30 pm, City Hall B. November 13, 2024 City Commission Meeting - 4:00 pm, City Hall C. November 20, 2024 City Commission Meeting - 10:00 am, City Hall XV. ADJOURN  Back to Agenda WHEREAS, dogs and cats are an integral part of the quality of life of our community, with approximately 4,912 pet dogs and 4,113 pet cats living in the City of Ottawa, and 89.7 million dogs and 94.2 million cats nationwide; and WHEREAS, animal shelter employees must respond to the needs of the community, keeping animals and humans safe from harm; and WHEREAS, animal shelters make communities better places to live, taking stray or dangerous animals off the streets and out of harm’s way; and WHEREAS, animal shelters help both animals and people in many ways; by returning lost pets to their owners, community partnerships with area nonprofits, educating the public, and matching homeless animals with loving new families; and WHEREAS, animal shelters receive important donations of money, goods, and volunteer time to assist in their important missions; and WHEREAS, Prairie Paws Animal Shelter reflects best shelter practices, with veterinary care, behavior modification, and socialization programs to provide the best possible outcome for each animal in its care and WHEREAS, the City of Ottawa is one of the safest cities in America to be a homeless pet. NOW, THEREFORE, the governing body of the City of Ottawa, Kansas, does hereby proclaim the week of November 3-9, 2024 as: Animal Shelter appreciation week in the City of Ottawa, Kansas and calls upon all citizens to recommit to the animals in our community with responsible pet ownership and support of local efforts to help homeless animals. SIGNED this 6th day of November, 2024. _________________________________________ Michael B. Skidmore, Mayor 11.06.24 Agenda Pkt Page #3  Back to Agenda Special Call Commission Meeting Monday, October 21, 2024 The Governing Body met in Special Session Monday, October 21, 2024 at 4:00 pm with the following members present and participating to wit: Mayor Pro Tem Allen, Commissioner Caylor, Commissioner Clayton, and Commissioner Crowley. Mayor Skidmore arrived at 4:15 pm. A quorum was present. The Governing Body convened in a Special Session to engage in discussions about the design for the renovation of the commission room with Sydney Goldberg and associates from Goldberg Group Architects. The meeting was adjourned at 4:54 pm. _________________________ Melissa Reed, City Clerk 11.06.24 Agenda Pkt Page #4  Back to Agenda Regular Meeting Minutes City Hall Minutes of October 23, 2024 The Governing Body met at 4:00 pm on this date for the Regular City Commission Meeting with the following members present and participating to wit: Mayor Skidmore, Mayor Pro Tem Allen, Commissioner Caylor, and Commissioner Clayton. Commissioner Crowley arrived at 4:10 pm. Mayor Skidmore called the meeting to order. Mayor Skidmore welcomed the audience and led the Pledge of Allegiance to the American flag. Pastor Gregg Hall from Life Mission Church gave the invocation. Public Comments None were received. Appointments, Proclamations, Recognitions, Nominations and Public Hearings Consent Agenda Mayor Pro Tem Allen made a motion, seconded by Commissioner Clayton, to approve the consent agenda, including minutes from the October 9, 2024 Regular Meeting, the October 16, 2024 Regular Meeting, the July 16, 2024 OMA Advisory Board Meeting and the Regular Meeting agenda. The motion was considered, and upon being put, all present voted aye. The Mayor declared the consent agenda duly approved. Declaration No declarations were made. Unfinished Business New Business Review of Monthly Reports Submitted by Partner Agencies The Governing Body engaged in a comprehensive review of the September 2024 monthly financial and activity reports submitted by community partner agencies. Third Quarter Report Review The Governing Body reviewed the Third Quarter 2024 Activity reports with City Staff. Golf Carts Request for Proposals The Governing Body heard from Director Landis regarding the recommendation to authorize City staff to enter into agreements for the leasing of golf carts. The City issued a Request for Proposal (RFP) on October 4, 2024, for the lease of 20 gas-powered golf carts for Ottawa Municipal Golf Course. The submission deadline was October 21, 2024. The scope of the project includes the lease of the carts with an option for additional units, along with a maintenance agreement and optional utility carts. 11.06.24 Agenda Pkt Page #5  Back to Agenda M&M Golf Cars LLC was selected as the recommended vendor after an evaluation of cost, delivery date, lease terms, references, and maintenance proposals. M&M’s proposal provides the best value and meets operational needs. Their proposal includes an annual lease cost of $16,005.60 for 20 carts, with the option for a maintenance agreement ranging from $1,200 to $2,000 annually. The Golf Course Operations Fund (027) has budgeted $24,000 for the annual lease cost in 2025. Commissioner Crowley made a motion, seconded by Commissioner Clayton, to authorize City staff to complete negotiations and execute agreements related to the proposal from M&M Golf Cars LLC for the golf cart lease package. Upon being put, all present voted aye. The Mayor declared this item duly approved. Project Updates The Governing Body heard from City Manager Brian Silcott, who provided an update on current capital projects and answered questions from the Commission regarding the projects. City Manager’s Comments City Manager Silcott provided an overview of the tentative agenda items for the upcoming City Commission meeting and events happening in the community. Governing Body Comments Commissioner Crowley extended congratulations to Commissioner Clayton on his recent marriage. Commissioner Clayton announced there would be no meeting next week and wished the community a safe Halloween, urging drivers to be cautious and watch for children crossing the streets. He also expressed his appreciation to community partners and City staff for their informative reports. Mayor Skidmore commended the high school football team for their outstanding performance this season, celebrating their continued success. Announcements A. November 6, 2024 City Commission Meeting – 7:00 pm, City Hall B. November 13, 2024 City Commission Meeting – 4:00 pm, City Hall C. November 20, 2024 City Commission Meeting – 10:00 am, City Hall Recess Commissioner Clayton made a motion, seconded by Commissioner Caylor, to recess into executive session for a period of 10 minutes, resuming at 4:55 pm with City Attorney Blaine Finch, City Manager Silcott and Finance Director Landis present for the purpose of attorney/client consultation. The justification for the closed session is to engage in confidential and privileged communication with the board’s attorney by K.S.A. 75-4319(b)(12). The motion was considered and upon being put, all present voted aye. The Mayor declared the meeting duly recessed. Reconvene Commissioner Clayton made a motion, seconded by Commissioner Crowley, to reconvene into open session. The motion was considered and upon being put, all present voted aye. The Mayor declared the meeting duly reconvened at 4:55 pm. 11.06.24 Agenda Pkt Page #6  Back to Agenda Adjournment There was no further business before the Governing Body, the Mayor declared the meeting duly adjourned at 4:55 pm. Melissa Reed, City Clerk 11.06.24 Agenda Pkt Page #7  Back to Agenda Agenda Item: X.A City of Ottawa City Commission Regular Meeting November 6, 2024 TO: Mayor and City Commission SUBJECT: Resolution Considering Adoption of Development Plan and Creation of RHID District: Fairway Vista INITIATED BY: Director of Finance AGENDA: Unfinished Business Recommendation: Consider a Resolution Determining that the City is Considering Establishing a Reinvestment Housing Incentive District (RHID) within the City and Adopting a Plan for the Development of Housing and Public Facilities in such Proposed District, Establishing the Date and Time of a Public Hearing on Such Matter, and Providing for Notice of such Public Hearing (Fairway Vista Reinvestment Housing Incentive District). Background: The City of Ottawa received an Economic Incentive Application from Roc Em, LLC requesting establishment of a Reinvestment Housing Incentive District (RHID) for the seven lots located on East Diamond Head Rd. (addressed as 1022, 1028, 1102, 1108, 1114, 1120, and 1204). Roc Em, LLC currently owns and manages 42 rental units immediately adjacent to this proposed RHID district. Through Senate Bill No. 17, the State of Kansas expanded the RHID eligibility requirements to include vertical construction on projects where the infrastructure (including streets, sewer, water, and utilities) has been in existence for at least 10 years, or the existing lot(s) have been subject to special assessments. This project is in an area where infrastructure has been in existence for at least 10 years. At the October 16, 2024 Resolution 1966-24 was adopted by the Commission setting the legal description for this RHID District and announcing the intention to enter negotiations between the City and the developer regarding incentives. The proposed project is for the development of 7 vacant lots to be developed into 14 townhomes, proposed as 3-bedroom and 2-bathroom rental homes. This subsection of rental homes falls within the parameters of housing needs as outlined in the 2023 Residential Demand Analysis commissioned by the Franklin County Development Council. Analysis: Staff have prepared an RHID process timeline for reference of the steps necessary to activate the RHID District: October 7, 2024 Economic Incentive Review Committee met to discuss request October 16, 2024 Resolution Accepting Housing Needs Analysis Findings Approved by City Commission October 23, 2024 Adopted Resolution 1966-24 published in Ottawa Herald Adopted Resolution 1966-24 submitted to Secretary of Commerce for approval 11.06.24 Agenda Pkt Page #8  Back to Agenda November 4, 2024** Secretary of Commerce provides written agreement with City’s findings November 4, 2024 City and developer complete proposed Development Plan November 6, 2024 Resolution proposing district, setting public hearing, and proposing Development Plan presented to City Commission for consideration December 11, 2024* Public Hearing held regarding Development Plan and creation of district December 11, 2024* Upon conclusion of public hearing, Commission considers Ordinance adopting the Development Plan, establishing the district, and approving the Development Agreement December 18, 2024* Adopted Ordinance published in Ottawa Herald January 24, 2024* End of 30-day protest period for Board of Education and Board of County Commissioners Items notated with an * are subject to approval of Resolution. If Resolution is not approved these steps will not occur. Items notated with an ** are estimated timelines subject to outside agencies. The next step in the incentive process is to receive support from the Secretary of Commerce for the development of the RHID District as outlined by the City of Ottawa. The Resolution presented for consideration accomplishes three objectives: 1. Proposed Reinvestment Housing Incentive District: establishes the “Fairway Vista Reinvestment Housing Incentive District” as described in the Exhibit A of the proposed Resolution. The Resolution also states the parcels within the district, ownership of the parcels, and existing assessed valuation. 2. Proposed Plan: The planned construction and improvements planned for this district are outlined in the development plan including reference to the Feasibility Analysis completed by Ehlers, LLC. 3. Public Hearing: Notice is hereby given that a public hearing will be held by the Governing Body of the City of Ottawa to consider the establishment of the District and adopting of the Plan on Wednesday, December 11, 2024 at City Hall, 101 S. Hickory St., Ottawa, KS 66067; the public hearing is to commence at 4 pm or as soon thereafter as the Governing Body can hear the matter. At the public hearing, the Governing Body will receive public comment on such matters, and may, after the conclusion of such public hearing, consider the establishment of the District and adoption of the Plan. Financial Considerations: This Resolution establishes the Fairway Vista Reinvestment Housing Incentive District. A Redevelopment Agreement with the financial impacts of those incentives will be provided for Commission review and consideration. Legal Considerations: The proposed Resolution and Development Plan has been prepared by Bond Counsel and reviewed by the City Attorney and approved as to form. Recommendation/Actions: It is recommended the City Commission consider: 1. Take action at the November 6, 2024 Regular Meeting to approve a Resolution Determining that the City is Considering Establishing a Reinvestment Housing Incentive 11.06.24 Agenda Pkt Page #9  Back to Agenda District (RHID) within the City and Adopting a Plan for the Development of Housing and Public Facilities in such Proposed District, Establishing the Date and Time of a Public Hearing on Such Matter, and Providing for Notice of such Public Hearing (Fairway Vista Reinvestment Housing Incentive District); or 2. Refer item X.A to the following regular meeting for continued deliberations. Attachments: X.A.1 Resolution Determining that the City is Considering Establishing a Reinvestment Housing Incentive District within the City and Adopting a Plan for the Development of Housing and Public Facilities in such Proposed District, Establishing the Date and Time of a Public Hearing on Such Matter, and Providing for Notice of such Public Hearing (Fairway Vista Reinvestment Housing Incentive District). (Forthcoming) X.A.2 Development Plan (Forthcoming) 11.06.24 Agenda Pkt Page #10  Back to Agenda Agenda Item: XI.A XI.B City of Ottawa City Commission Meeting November 6, 2024 TO: City Commission SUBJECT: Massage Therapy Licensing and Regulation XI.A Ordinance Regulatin Massage Therapy XI.B Resolution Setting Fee Structure INITIATED BY: City Clerk AGENDA: New Business Recommendation: It is recommended that the City Commission review and approve an ordinance regulating massage therapy establishments and therapists within the City of Ottawa, and a resolution that includes the fee structure: • Massage Therapy Establishment License: $200 for a one-year permit. • Massage Therapist License: $50 for a one-year permit. Background: The City of Ottawa has received public inquiries regarding the regulation of massage therapy establishments, prompting discussions about the need for clear and consistent guidelines to ensure the safe and responsible operation of such businesses. Massage therapy, while widely recognized as a legitimate health and wellness service, is an industry that requires oversight to protect both consumers and practitioners. In many communities, the absence of proper regulation has led to concerns about illegal activities, including human trafficking and unlicensed practitioners operating under unsafe or unsanitary conditions. To mitigate these risks and ensure public safety, many cities have adopted ordinances that regulate massage establishments. The proposed ordinance will require both businesses and individual massage therapists to obtain licenses from the City of Ottawa. The licensing process includes background checks, proof of education and certification, and compliance with health and safety standards. Additionally, the ordinance outlines specific operational guidelines, such as maintaining sanitary premises, adhering to defined business hours, and ensuring the privacy and dignity of clients during services. The ordinance also provides the City with mechanisms for enforcement. This includes the ability to conduct inspections, revoke or suspend licenses for non-compliance, and impose penalties for violations. The ordinance is designed to be flexible and adaptable, with provisions allowing for the City to adjust requirements as needed to meet future challenges in the industry. This regulatory framework not only protects residents who seek massage therapy services but also supports legitimate businesses by ensuring that they operate in a fair and transparent 11.06.24 Agenda Pkt Page #11  Back to Agenda environment. By establishing these guidelines, the City of Ottawa aims to promote the responsible growth of the massage therapy industry while safeguarding the health and well-being of the community. Analysis: The proposed ordinance provides a comprehensive framework for regulating massage therapy businesses in Ottawa, focusing on public health, safety, and compliance. It establishes a structured licensing process for both establishments and individual therapists, requiring background checks, certification, and adherence to health standards. These measures ensure that only qualified practitioners operate, promoting professionalism and protecting consumers. Public health is a priority, with specific regulations for cleanliness, hygiene, and appropriate conduct within massage establishments. Inspections will be conducted regularly by city officials to ensure ongoing compliance. The ordinance’s strict guidelines help prevent illegal activities, such as human trafficking, by requiring thorough vetting of all applicants and businesses. The economic impact is positive, supporting legitimate businesses while ensuring fair competition. Licensing fees will cover administrative costs, and strong enforcement mechanisms, including fines and license revocations, will maintain high standards without overburdening city resources. Input from stakeholders and flexibility for future updates ensure that the ordinance will remain relevant as the industry evolves, safeguarding both public interests and business growth in Ottawa. Financial Considerations: The ordinance includes a structured fee system for the licensing of massage therapy establishments and therapists, with fees to be set by resolution. These fees are intended to cover the administrative costs of application processing, enforcement, and compliance monitoring. The annual filing fees are non-refundable, and fines of up to $500 per violation are outlined for non-compliance. The staff-recommended fee structure includes: • Massage Therapy Establishment License: $200 for a one-year permit. • Massage Therapist License: $50 for a one-year permit. Legal Considerations: City Attorney Blaine Finch has reviewed the draft ordinance and confirmed that it complies with applicable Kansas Statutes, including K.S.A. 60-2101(d), which provides a judicial review process for license denials. The ordinance also includes provisions for revocation and suspension of licenses, ensuring legal oversight and consistency with existing municipal regulations. Recommendation/Action: XI.A: It is recommended the City Commission deliberate and consider an ordinance allowing for the licensing and regulation of massage establishments and massage therapists. • Take Final Action at the November 6, 2024, Regular Meeting: o “Approve the ordinance allowing for the licensing and regulation of massage establishments and massage therapists” 11.06.24 Agenda Pkt Page #12  Back to Agenda • Refer Item XI.A to the Wednesday, November 13, 2024, Regular Meeting for continued deliberation and consideration. XI.B: It is recommended the City Commission deliberate and consider a resolution setting a license fee for massage establishments and massage therapists. • Take Final Action at the November 6, 2024, Regular Meeting: o “Approve the resolution setting a license fee for massage establishments and massage therapists” • Refer Item XI.B to the Wednesday, November 13, 2024, Regular Meeting for continued deliberation and consideration. Attachments: XI.A.1 Ordinance (16 pp); XI.B.2 Resolution (1 p) 11.06.24 Agenda Pkt Page #13  Back to Agenda XI.A.1 ORDINANCE NO. AN ORDINANCE ALLOWING FOR THE LICENSING AND REGULATION OF MASSAGE ESTABLISHMENTS AND MASSAGE THERAPISTS WITHIN THE CITY OF OTTAWA, KANSAS. WHEREAS, The Governing Body of the City of Ottawa, Kansas, finds that there is a need to regulate and set minimum standards regulating the maintenance, operation, and conduct of massage establishments within the corporate limits of the City to protect the public health, safety, and welfare of the residents of Ottawa. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OTTAWA, KANSAS: Section 1: Definitions. Word and terms used in this ordinance shall have meanings as defined below unless the context otherwise requires: A. Business premises. Those premises where a private or public commercial enterprise is conducted. B. In-home massage. Massage that is conducted in a therapist’s home or residence that is permitted as a home occupation and is licensed as a massage establishment. C. In-office massage. 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. D. In-office massage establishment. Any establishment having a place of business where any person, firm, partnership, association, or corporation engages in the activities mentioned in Section E for compensation. E. Massage. Any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice. Massage as defined herein does not include the touching in any fashion of human genitalia. F. Massage establishment. Any establishment where any person, firm, partnership, association, or corporation engages in or carries on or permits to be engaged in or carried on any of the activities mentioned in Section E for compensation but does not include "in-office massage establishments." G. Minor Traffic Violations mean any violation classified as a traffic infraction or ordinance traffic infraction pursuant to K.S.A. 8-2118(c), and amendments thereto. H. Massage therapist. Any person who, for any consideration whatsoever, engages in the practice of massage as herein defined. I. 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 or she 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 a parent or legal guardian has authorized such therapy in writing. J. Table shower. An activity in which a patron lies on a table and is washed by an attendant. 11.06.24 Agenda Pkt Page #14  Back to Agenda Section 2. References. Any reference in this Chapter to the Chief of Police, City Clerk, Community & Neighborhood Services Director, City Manager or Fire Inspector shall include those persons’ designees and any individuals designated by the City Manager. Section 3. Business License Required. No person, firm, partnership, association or corporation shall operate a massage establishment or an in-office massage business, as defined herein, without first having obtained a license therefor, issued by the City Clerk. It is unlawful to conduct such a business unless the license issued is current, unrevoked and not suspended. A separate license shall be required for each and every separate place of business conducted by any one licensee. Such license shall be valid for a period of twelve months from January 1 to December 31st of each calendar year. Section 4. Limitations on In-office Massage Licenses. The authority granted to a licensee issued an in-office massage license is limited to the authority to conduct massage therapy on the non- permanent office premises of the licensee's clients and specifically does not include the authority to conduct massage therapy at a permanent premises operated by the licensee; provided the licensee must have a permanent business office located within the City. Section 5. Application for Massage Establishment and In-office Massage License; Fees. Every applicant for a license to maintain, operate or conduct any establishment covered by this Chapter shall file an application with the City Clerk and pay an annual filing fee to the City Clerk as set by the Governing Body by resolution. The fees shall not be refundable. The application for a license to operate any such establishment shall set forth the exact nature of the services to be provided, the proposed place of business and facilities therefor, and the name, address, and telephone number of each applicant, including any stockholder holding more than 10% of the stock of the corporation, any partner, when a partnership is involved, and any manager. In addition to the foregoing, any applicant for an establishment license shall furnish the following information: A. Written proof that the applicant is at least 18 years old. B. Two passport photographs at least two inches by two inches, and fingerprints, provided once an applicant has submitted an application containing their fingerprints, they will not have to submit fingerprints in any subsequent renewal application for that person. C. The business, occupation, or employment of the applicant for the three years immediately preceding the date of application. D. The massage establishment and in-office massage business license history of the applicant; whether such person, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation. E. Any criminal convictions, except minor traffic violations, fully disclosing the jurisdiction in which convicted and the offense for which convicted and circumstances thereof. F. In the case of applicants who intend personally to provide in-office massage or massage therapy, the applicant must also apply for and receive a massage therapist license as provided 11.06.24 Agenda Pkt Page #15  Back to Agenda for in Section 21. G. Authorization for the City, its police department, and its agents and employees to seek information, including a background check, and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license. Section 6. Massage Establishment License Application Processing. A. Upon receipt of a complete application for a massage establishment license, the City Clerk shall immediately transmit one copy of the application to the Chief of Police for investigation of the application. In addition, the City Clerk shall transmit a copy of the application to the Community & Neighborhood Services Director, and the Fire Inspector. B. It shall be the duty of the Chief of Police to investigate such application to determine whether the information contained in the application is accurate and whether the applicant is qualified to be issued the license applied for. The Chief of Police shall report the results of the investigation to the City Clerk not later than 21 days from the date the application is received by the City Clerk. C. It shall be the duty of the Community & Neighborhood Services Director and the Fire Inspector to determine whether the structure where the massage therapy business will be conducted complies with the requirements and meets the standards of the applicable health, zoning, and fire ordinances of the City. All standards for premises set forth in Section 7 must be met prior to the first day the premises are open for business. The Community & Neighborhood Services Director and the Fire Inspector shall report the results of their investigation to the City Clerk not later than 21 days from the date the application is received by the City Clerk. The report may be later than 21 days but prior to the issuance of any certificate of occupancy if the premises is under construction or renovation when the application is received. D. Upon receipt of the reports from the Chief of Police, the Community & Neighborhood Services Director, and the Fire Inspector, or whenever 21 days have elapsed after the filing of the application, unless good cause is shown for the extension of the time period, whichever occurs first, the City Clerk shall grant or deny the license consistent with the notification requirements established by law, provided the license shall be issued or denied within 45 days from the date of filing of a completed application with the clerk's office. Any applicant aggrieved by denial of a license may seek judicial review in accordance with subsection E. E. Any person aggrieved by denial, suspension or revocation of a license application may seek judicial review pursuant to K.S.A. 60-2101(d), and amendments thereto. Section 7. Inspection Necessary. No business shall be conducted on a licensed premises unless an inspection by the Community Planning & Services Manager or his authorized representative reveals that the establishment complies with each of the following minimum requirements: A. The walls shall be clean and painted with washable, mold-resistant paint in all rooms where water or steam baths are given. Floors shall be free from any accumulation of dust, dirt, or refuse. All equipment used in the business's operation shall be maintained in a clean and 11.06.24 Agenda Pkt Page #16  Back to Agenda sanitary condition. Towels, linen, and items for personal use of operators and patrons shall be clean and freshly laundered. Towels, cloths, and sheets shall not be used for more than one patron. Heavy, white paper may be substituted for sheets provided that such paper is changed for every patron. No service or practice shall be carried on within any cubicle, room, booth, or any area within any permitted establishment which is fitted with a door capable of being locked. These provisions are not applicable to an in-office massage business. B. Toilet facilities shall be provided in convenient locations and in conformance with applicable City ordinance and building codes, and state and federal law and regulations. C. Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels. These provisions are not applicable to an in-office massage business. The Community & Neighborhood Services Director shall certify that the proposed business establishment complies with all of the requirements of this Section and shall give or send such certification to the City Clerk and Chief of Police. Provided, however, that nothing contained herein shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance of premises, nor to preclude authorized inspection thereof. Section 8. Issuance of Message Establishment License. After the filing of an application in the proper form, the City Clerk shall examine the application, and after such examination, shall approve the issuance of a license for an in-office massage establishment or a massage establishment, unless the City Clerk finds that: A. The correct license fee has not been tendered to the City, and, in the case of a check or bank draft, honored with payment upon presentation. B. The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws including, but not limited to, the City's zoning, and health regulations. C. The applicant, if an individual; or any of the stockholders holding more than 10% 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: 1. a felony in the 20 years immediately preceding the date of the application; 2. an offense involving sexual misconduct with children; 3. obscenity; 4. promoting prostitution as defined by K.S.A. 21-3513; 5. solicitation of a lewd or unlawful act; 6. prostitution; 7. pandering or other sexually related offense; or 8. any violation of this Chapter during the last five years. D. The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the 11.06.24 Agenda Pkt Page #17  Back to Agenda license application or in any document required by the City in conjunction therewith. E. The applicant has had a massage establishment or other similar permit or license denied, revoked, or suspended or has voluntarily surrendered the permit or license in lieu of revocation or suspension for any of the above causes by the City or any other state or local agency within five years prior to the date of the application. F. The applicant has previously been issued a license for an adult entertainment business (as defined in this Code) or escort service or has been employed by any such establishment. G. 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 attained the age of 18 years. H. 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. The records of the City Clerk shall show the action taken on the application. The license shall state that it is not transferable or refundable. If an application is denied, 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 denial. Any applicant aggrieved by the disapproval may seek judicial review as set forth in K.S.A. 60-2101(d). 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. Section 9. Business Identification Cards. All license applicants or managers issued a license pursuant to the provisions of this Chapter shall, at all times when working in an establishment have in their possession a valid identification card issued by the City. Such identification cards shall be laminated to prevent alteration. Licensees or managers shall produce their identification cards for inspection upon request of any person who by law may inspect same. Section 10. Inspections, Immediate Right of Entry. The Police Department and Community Planning & Services may from time to time make an inspection of each licensed establishment in this City, to include those locations where an in-office massage business conducts its business, for the purposes of determining that the provisions of this Chapter are complied with. Such inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any licensee to fail to allow such inspection officer immediate access to the premises or to hinder such officer in any manner. Provided further, that any failure on the part of any licensee or employee to grant immediate access to such inspector shall be grounds for the revocation or suspension of any business or employee license. Section 11. Operation Regulations. The operation of any massage establishment or in-office massage business shall be subject to the following regulations: A. Hours. Such business shall be closed, and operations shall cease between the hours of 10:00 p.m. and 6:00 a.m. each day provided the hours of operation for in-office massage may be extended on premises having bona fide evening and night shifts. 11.06.24 Agenda Pkt Page #18  Back to Agenda B. Danger to safety or health. No service shall be given which is clearly dangerous or harmful in the opinion of the Deputy City Manager or Community & Neighborhood Services Director, to the safety or health of any person, and after such notice in writing has been delivered to the licensee from such director. C. Alcoholic beverages. No alcoholic beverages or cereal malt beverages, nor the consumption thereof, shall be allowed, permitted, or suffered to be done in or upon any premises licensed under the provisions of this Chapter or during in-office massage. Provided this restriction shall not apply to businesses where the licensed massage therapy is accessory to the predominant business purpose of the establishment, provided further, no alcohol is permitted on that portion of such premises where massage therapy occurs. As used in this Section, "that portion" shall mean physical, visual and audible separation by permanently installed walls and doors between the area where massage therapy occurs and the area where alcoholic beverages or cereal malt beverages are sold or consumed. Any currently licensed establishments are exempt from the physical, visual and audible separation requirements as long as they remain validly licensed. D. Conduct of premises. All licensees licensed under the provisions of this Chapter shall at all times be responsible for the conduct of business on their licensed premises and for any act or conduct of his or her employees 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 such licensee or employee affecting the eligibility or suitability of such person to hold a license or may be grounds for suspension or revocation of same. E. Every portion of a licensed establishment, including appliances, and personnel shall be kept clean and operated in a sanitary condition. F. All employees shall be clean and wear clean outer garments. On all premises except in-office massage, provisions for a separate dressing room for each sex must be available on the premises with individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing. G. All licensed employees and massage therapists must be modestly attired. Diaphanous or transparent clothing is prohibited. Clothing must cover the licensee's employees' or massage therapists' chests at all times. H. The private parts of patrons must be covered by towels, cloths, or undergarments when in the presence of an employee or massage therapist. Any contact with a patron's genital area is strictly prohibited. I. All licensed establishments, when applicable, shall be provided with clean, laundered sheets and towels in sufficient quantity and such items shall be laundered after each use thereof and stored in a sanitary manner. J. Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use. K. Table showers are strictly prohibited. Section 12. Supervision. A licensee shall have the premises supervised at all times when open for business. The licensee or a person employed as a Massage Therapist shall personally supervise the business, and shall not violate or permit others to violate, any applicable provision of this Chapter. The violation of any such provision by any agent or employee of the licensee shall constitute a violation by the licensee. Section 13. Persons Under Age 18 Prohibited Services. A. No licensee shall perform or permit any massage therapy to be provided to a person under the 11.06.24 Agenda Pkt Page #19  Back to Agenda age of 18, 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 a parent or legal guardian has authorized such therapy in writing. B. Persons under the age of 18 years shall be prohibited from the premises of a massage establishment, subject to the provisions of this section. No person shall permit any person under the age of 18 years old to come to or remain on the premises of any licensed massage therapy establishment as a massage therapist, employee, or patron, unless such person is on the premises on lawful business, is a minor under the immediate supervision and control of their parent or legal guardian who is a patron, or as a patron subject to the provision of subsection A of this section; provided that, this restriction shall not apply to accessory home occupations Section 14. Employee and Patron Registers. A. All operators licensed under the provisions of this Chapter shall keep and maintain on their premises a current register of all their employees, including massage therapists, showing such employee's and therapist’s name, address and license number. Such register shall be open to inspection at all reasonable times by any authorized city official, including but not limited to officers of the Police Department, the Chief of Police, the Director of the Community & Neighborhood Services Department; the City Clerk, and the City Manager or any of their respective designees. B. Every person who engages in or conducts a licensed establishment shall keep a daily register of all patrons, with first and last names, addresses, hours of arrival and departure, the rooms or cubicles assigned, and the first and last name of the employee who performed the massage. Said daily register shall at all times during business hours be subject to inspection by at all reasonable times by any authorized city official, including but not limited to officers of the Police Department, the Chief of Police, the Director of the Community & Neighborhood Services Department; the City Clerk, and the City Manager or any of their respective designees, and shall be kept on file for one full year. Section 15. Advertising. No person, firm, partnership, association or corporation, including but not limited to an establishment granted a license under provisions of this Chapter shall place, publish, or distribute or cause to be placed, published, or distributed any advertising that reasonably suggests to prospective patrons that any service is available other than those services as described in Section 1(E), or that employees or massage therapists are dressed in any manner other than described in Section 11, nor shall any establishment indicate in the text of such advertising that any service is available other than those services described in Section 1(E). Section 16. Applicability to Existing Businesses. The operators of any existing massage establishment or in-office massage business are required to comply with all provisions of this Chapter, subject to the educational and experience requirements set forth in Section 21. Section 17. Exceptions. The provisions of this Chapter shall not apply to hospitals, nursing homes, sanitariums, or persons holding an unrevoked certificate to practice the healing arts, persons licensed to practice as a registered professional nurse under the laws of this state, persons licensed to practice as a physical therapist under the laws of this state, persons working under the direction and supervision of any licensed healing arts practitioner or in any such establishment, or barbers or cosmetologists lawfully 11.06.24 Agenda Pkt Page #20  Back to Agenda carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by this state. Section 18. Further Regulations. The Deputy City Manager, City Clerk or the Chief of Police may, after a public hearing, make and enforce reasonable rules and regulations not in conflict with, but to carry out, the intent of this Chapter. Section 19. Restriction of Business to Premises. A. All massage therapy (not to include in-office massage) provided for under this Chapter shall be conducted on the premises of a licensed massage establishment. B. Licensed massage therapists who own, operate, or are employed by a licensed massage therapy establishment within the corporate limits of the City, at the direction of a duly licensed physician, physical therapist, occupational therapist, kinesiologist, or chiropractor, may perform massage therapy services on behalf of a physically incapacitated patient in such patient’s home, residence, or other designated place, or such licensed massage therapist may render such treatment to persons who are bedfast or are so physically incapacitated that it is impractical to provide same to such persons at a permitted location. C. Subject to subsection D, all licensed massage establishments shall be operated from a commercial business premise. Sole practitioners (therapists who work alone) are required to have both a massage therapist license and massage establishment license and to work from a commercial business premise. D. Licensed massage therapists may perform their services on behalf of clients in clients’ homes or residences or other designated places, or in the therapist's home or residence provided that the therapist's home is licensed as a massage establishment and provided that any place where massage therapy is performed is subject to the inspection as set out in Sections 7 and 10, operated in accordance with the regulations set out in Section 11, and if conducted in a therapist's home or residence, subject to the home occupation requirements in Section 23-1 of the City of Ottawa Municipal Code. Section 20. Revocation or Suspension of Massage Establishment License. A. Any license issued for a massage establishment or an in-office massage business may be revoked or suspended by the Municipal Judge, sitting as an administrative hearing officer, or by the Governing Body after notice and a hearing where the Municipal Judge or the Governing Body finds that any of the provisions of this Chapter are or were violated, or the provisions for issuance of any license are or were violated, or where the licensee or any employee of the licensee, including a massage therapist, has been convicted of or diverted on any offense found in Sections 8 and 23 herein and the licensee has actual or constructive knowledge of the violation or conviction, or in any case where the licensee refused to permit any duly authorized police officer or employee of the City to inspect the premises or the operations of the licensee. Convictions or diversions for any offense found in Sections 8 and 23 shall result in revocation unless the Municipal Judge or Governing Body determines by clear and convincing evidence that such licensee or employee of the licensee will not pose a threat to the public in such person's capacity as a licensee or employee thereof and that such person has been sufficiently rehabilitated to warrant the public trust. 11.06.24 Agenda Pkt Page #21  Back to Agenda B. Before revoking or suspending any license, the Municipal Judge or Governing Body through their designee, shall give the licensee at least ten days' written notice of the specific charges against the licensee and the opportunity for a public hearing before the Municipal Judge or Governing Body, at which time the licensee may present evidence bearing upon the question. A licensee aggrieved by the decision of the Municipal Judge or Governing Body may seek judicial review as set forth in Section K.S.A. 60-2101(d). Section 21. Massage Therapist License Required, Examination Requirements, Restrictions. No person shall perform massage therapy or in-office massage within the City, unless he or she has a valid massage therapist license issued by the City pursuant to the provisions of this Chapter, provided massage therapy may be performed by a student massage therapist subject to the provisions of Section 26. A. To be eligible for issuance of a Massage Therapist license, an applicant must: 1. Submit an application on a form provided by the City Clerk; 2. Submit acceptable proof that the applicant has successfully passed the 1992 or later National Certification Examination for Therapeutic Massage and Bodywork (NCBTMB), or the 2007 or later Massage & Bodywork Licensing Examination (MBLEx). The applicant must also have successfully completed a course of instruction, consisting of not less than 500 hours, in the theory, method or practice of massage. The required curriculum must include the subjects of anatomy, physiology, kinesiology, pathology, first aid and hygiene and practical instruction in massage technique. Proof of completion of educational and training requirements must be by certified transcripts. The educational and training requirements required by this Chapter may be received from more than one school. Training hours from a school that has had its NCBTMB Assigned School Code denied, suspended or revoked will not be accepted; 3. The applicant must also have successfully completed an in-person certification program in American Red Cross first aid and American Heart Association CPR, or equivalent programs, and provide current certification, and; 4. Pay the applicable license fee(s). B. All licensed massage therapists applying for a renewal license must show proof that they have received a minimum of twelve hours (fifty minutes per hour) of professional massage continuing education during the preceding twelve-month licensing period. One hour continuing education credit will be awarded for each hour attendance at programs relating to the theory or clinical application of theory pertaining to the practice of massage to include, but not limited to, clinical business practices, hygiene, record-keeping, medical terminology, professional ethics, business management, human behavior, client interaction and state and local laws that are sponsored by a university, junior college or otherwise found to be acceptable by the Police Department. The certificate for any on-line continuing education courses must clearly depict the time required to acquire such certificate. All licensed massage therapists applying for renewal license must show proof of current in-person certification in American Red Cross first aid and American Heart Association CPR, or equivalent programs in addition to the twelve hours of continuing education. Continuing education hours are required for all applicants seeking a license renewal. This includes applicants whose license has lapsed or expired. Applicants seeking a new massage therapy license shall also be required to provide twelve (12) continuing education hours from the past year when the applicant's NCBTM or MBLEx certification is more than 11.06.24 Agenda Pkt Page #22  Back to Agenda one year old. C. Individuals licensed with the City as massage therapists as of the effective date of this ordinance may renew that license notwithstanding failure to satisfy the minimum education and testing provisions in Section 21(A) and continue to renew such license so long as there are no lapses in active licensure status. If active licensure status lapses, the person will be required to apply for a new massage therapist license and meet the qualifications in Section 21(A), and continuing education hours meeting the requirements set forth in Section 21(B). Section 22. Application for Massage Therapist License; Fees. A. Any person who desires to perform or provide massage or in-office massage or to perform any massage services in a massage establishment, as defined herein, shall file a written application with the City Clerk and pay an annual filing fee to the City Clerk as set by resolution of the Governing Body for a new or renewal application, neither of which shall be refundable. No privilege to provide massage therapy shall exist until an application for renewal has been approved. After a license has expired, a "new" application under the current education and testing standards is required. A massage therapist license shall be valid for a period of 12 months from the date of issuance. This application fee shall cover the cost of processing the application to include the current KBI fingerprint fee. Only one massage therapy license shall be required for a massage therapist regardless of the activity or activities the therapist engages in that are permitted by this Chapter. Identification cards as provided in Section 24 are required for each massage establishment in which the therapist works. The fee for each identification card subsequent to the initial one is $15. B. The application for a massage therapist license shall contain the following: 1. Name, address, and telephone number. 2. Two passport photographs at least two inches by two inches. 3. Applicant's weight, height, color of hair and eyes, and fingerprints, provided once an applicant has submitted fingerprints, they shall not be required to submit new fingerprints for any renewal application for that person. 4. Written evidence that the applicant is at least 18 years old. 5. Business, occupation, or employment of the applicant for the three years immediately preceding the date of application. 6. Whether such person has ever been convicted of any crime except minor traffic violations. If any person mentioned in this subsection has been so convicted, a statement must be made giving the place and court in which the conviction was obtained and the sentence imposed as a result of such conviction. 7. The position or function the applicant is being hired to perform within such establishment. (If applicable). 8. Authorization for the City, its agents, and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license. 9. Proof of the education requirements set forth at Section 21 herein. 10. Verification of employment by signature of the manager of the licensed massage establishment. Section 23. Application Processing and Issuance of Massage Therapist License. The City Clerk 11.06.24 Agenda Pkt Page #23  Back to Agenda shall issue a massage therapist license within 21 days following application, unless he/she finds that: A. The applicant for the massage therapist license has been convicted of, or diverted on: 1. a felony within the 20 years immediately preceding the date of the application; 2. an offense involving sexual misconduct with children; 3. obscenity; 4. promoting prostitution as defined by K.S.A. 21-3513; 5. solicitation of a lewd or unlawful act; 6. prostitution; 7. pandering or other sexually related offense; or 8. any violation of this Chapter in the last year, or any revocation of their therapist license within the last year. B. The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the license application or in any document required by the City in conjunction therewith. C. That the correct license fee has not been tendered to the City, and in the case of a check or bank draft, honored with payment upon presentation. D.That the applicant has not successfully completed the examination or education standards required under the provisions of this Chapter. E. That the applicant is not legally present in the United States. Any applicant aggrieved by denial of a license may seek judicial review in accordance with K.S.A. 60- 2101(d). Section 24. Identification Cards. A. Upon issuance of a massage therapist license, the City Clerk shall issue the massage therapist an identification card bearing the massage therapist's license number, physical description, and a photograph. Such identification cards shall be laminated to prevent alteration. B. All massage therapists issued a license pursuant to the provisions of this Chapter shall have their City-issued identification card in their possession at all times when working in an establishment, and shall produce such identification for inspection upon request of any person who by law may inspect same. C. Licensees shall, when conducting in-office massage, conspicuously display their City-issued identification card on their clothing. Section 25. Revocation or Suspension of Massage Therapist License. A. The City Clerk, sitting as an administrative hearing officer, may, after notice and a hearing, revoke or suspend a massage therapist license where it appears that the therapist has been convicted of or diverted on any offense enumerated in Section 23(A) or for violation of any of the provisions of this ordinance to include the application standards. Convictions or diversions for any offense found in Section 23 shall result in revocation unless the City Clerk determines by clear and convincing evidence that such licensee will not pose a threat to the public in such person's capacity as a licensee and that such person has been sufficiently rehabilitated to warrant the public 11.06.24 Agenda Pkt Page #24  Back to Agenda trust. B. Before revoking or suspending any massage therapist license, the City Clerk shall give the massage therapist at least ten days' written notice of the hearing and specify the alleged violation of this code warranting suspension or revocation. C. Any massage therapist aggrieved by a revocation or suspension of their license may seek judicial review as set forth in K.S.A. 60-2101(d) Section 26. Student Massage Therapy. An individual actively enrolled in and currently attending classes in a course of instruction, consisting of not less than 300 hours, in the theory, method or practice of massage, may conduct massage therapy as a practicum component of the training program under the supervision of the massage school instructor, provided the following conditions are met: A. All advertisements for massage therapy that will be performed by a student will clearly inform the customer that the massage therapy will be performed by a student under the supervision of the massage school instructor. B. Prior to conducting any massage therapy, the student massage therapist will require the customer sign and acknowledge he/she has been informed the massage therapy will be conducted by a student under the supervision of the massage school instructor. These acknowledgment documents will be maintained by the school for a period of one year and will be produced at the request of any law enforcement officer or City official. Section 27. Transfer of Licenses; Other License and Fees. A. No massage establishment or in-office massage business, or massage therapist licenses are transferable and such authority as a license confers shall be conferred only on the licensee named therein. B. Any applications made, fees paid, and licenses obtained under the provisions of this Chapter shall be in addition to and not in lieu of any other fees, permits, or licenses required to be paid or obtained under any other ordinances of this City. Section 28. Penalty. Any person, firm, partnership, association or corporation convicted of violating any of the provisions of this Chapter shall be deemed guilty of a public offense and subject to a fine not to exceed $500 per violation. Section 28. Amendment to Section 2-301. Section 2-301 defining “Adult Business” of the Municipal Code of the City of Ottawa is hereby amended as follows: Adult Business. Any of the businesses defined as an “Adult Business” at Chapter 11, Article X, Section 11-1002 of the Ottawa City Code, including but not limited to the following: adult bookstore, adult video store, adult news rack, adult retail establishment, adult motion picture theater, adult live entertainment business, adult modeling studio, adult motel, bathhouse, body painting studio. Section 29. Amendment to Section 11-1002. Section 11-1002 defining “Adult Business” of the Municipal Code of the City of Ottawa is hereby amended as follows: 11.06.24 Agenda Pkt Page #25  Back to Agenda Adult Business means any business: A. That has as a substantial or significant purpose the sale or rental of merchandise that is intended for use in connection with “Specified Sexual Activities,” or that emphasizes matters depicting, describing or relating to “Specified Sexual Activities” or “Specified Anatomical Areas”; or B. That has as one of its regular and substantial business purposes: 1. The providing of entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display “Specified Anatomical Areas” or “Specified Sexual Activities”; or 2. The providing of services that are intended to provide sexual arousal or excitement or that allow observation of “Specified Sexual Activities” or “Specified Anatomical Areas” ancillary to other pursuits, or allow participation in “Specified Sexual Activities” ancillary to other pursuits. The definition of “Adult Business” also includes but is not limited to any and all of the following specific Adult Businesses: adult bookstore, adult video store or adult retail establishment; adult motion picture theater; adult live entertainment business; adult modeling studio; adult motel; bathhouse; body painting studio. The definition of “Adult Business” does not include, and this Article shall not apply to, a theater, concert hall, art center, museum, or similar establishment which is primarily devoted to the arts or theatrical performances and in which any of the circumstances covered by the definition of “Adult Business” were permitted or allowed as part of such art exhibits or performances. Section 30. Amendment to Section 11-1014. Section 11-1014 of the Municipal Code of the City of Ottawa is hereby amended as follows: 11-1014. Responsibilities of the operator. A. The operator shall maintain a register of all employees or entertainers showing the name, including aliases used, home address, birth date, sex, height, weight, color of hair and eyes, date of employment and termination, job duties of the party and such other information as may be required by the Police Department. The above information shall be maintained in the register on the premises for a period of two years following termination. B. The operator shall make the register of employees or entertainers available immediately upon demand of law enforcement officers or any other person designated by the City Manager, during hours of operation. C. Every act or omission of an employee constituting a violation of the provisions of this Article shall be deemed the act or omission of the operator, if such act or omission occurs either with the authority, knowledge, or approval of the operator, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission. D. An operator shall be responsible for the conduct of all persons on the licensed premises and any act or omission of any person constituting a violation of the provisions of this Article shall be deemed the act or omission of the operator for purposes of determining whether the operator’s license shall be revoked, suspended, or renewed if the operator has knowledge of the violation and fails to take action to cause such person to discontinue the unlawful conduct. 11.06.24 Agenda Pkt Page #26  Back to Agenda E. The premises of all adult businesses shall be physically arranged in such a manner that the entire interior portion of any booths, cubicles, rooms, or stalls wherein entertainment is provided is visible from a common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes, or any other obstruction whatsoever. F. The premises of all adult businesses will be so constructed as to include an anteroom, foyer, partition, or other physical barrier on all customer entrances that will insure observation of the interior of the premises is not observable from the exterior of the building. In addition, all windows will be covered to prevent viewing of the interior of the building from the outside and all doorways not constructed with an anteroom or foyer will be covered so as to prevent observation of the interior of the premises from the exterior of the building. G. The operator shall be responsible for and shall provide that any room or area used for the purpose of adult shall be readily accessible at all times and shall be opened to view in its entirety for inspection by law enforcement officers at all reasonable times. H. No operator, entertainer or employee of an adult business shall demand or collect all or any portion of a fee for entertainment before its completion. I. A sign shall be provided to the operator by the City Clerk and shall be conspicuously displayed by the operator in the common area of the premises of an adult business. Such sign shall read as follows: “THIS ADULT BUSINESS IS REGULATED BY THE CITY OF OTTAWA IN ACCORDANCE WITH CHAPTER 11, ARTICLE X OF THE CITY OTTAWA MUNICIPAL CODE. 1. Engaging in any type of unlawful sexual conduct is not permitted. 2. Exposing sex organs is not permitted; 3. Demanding or collecting all or any portion of a fee for entertainment before completion is not permitted.” J. The operation of any bathhouse shall be subject to the following regulations: 1. Separation of sexes. It shall be unlawful for customers of opposite sex to receive treatment in the same room or the same quarters at the same time. 2. Danger to safety, health. No service shall be given which is clearly dangerous or harmful to the safety or health of any person in the opinion of the Franklin County Health Department and after such notice is given in writing to the licensee. 3. Cleanliness of establishment. Every portion of a licensed establishment, including appliances and personnel, shall be kept clean and operated in a sanitary condition. 4. Personnel cleanliness, clothing, dressing rooms. All employees or entertainers, shall be clean and wear clean outer garments, which use is restricted to the licensed establishment. Provisions for a separate dressing room for each sex must be available on the premises with individual lockers for each employee. Doors to such dressing rooms shall open inward and shall be self-closing. 11.06.24 Agenda Pkt Page #27  Back to Agenda 5. Personnel clothing. All employees or entertainers must be modestly attired. Diaphanous, flimsy, or transparent clothing is prohibited. Clothing must not be skin tight and must cover the employees’ or entertainers’ chests and torso at all times and extend below the genitals, pubic region, and buttocks. 6. Coverage of patrons, prohibition of genital contact. The private parts of patrons must be covered by towels, cloths, or undergarments when in the presence of an employee or entertainer. Any contact with a patron’s genital area, either directly or indirectly, is strictly prohibited. 7. Sheets and towels cleanliness. All licenses establishments, when applicable, shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in approved, sanitary manner. 8. Cleanliness of heat rooms, showers, toilets, baths. Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use. K. A licensee of an adult business shall have the premises supervised by a manager at all times when open for business. An adult manager shall be on duty at an adult business at all times when the premises are open for business. The name of the manager on duty shall be prominently posted during working hours. The manager designated or appointed by its licensee shall personally supervise the business and shall not violate, or permit others to violate, any applicable provision of this Article. L. No establishment granted a license under provisions of this Article shall place, publish, distribute, or cause to be placed, published, or distributed any advertising matter that depicts any specified anatomical area that would reasonably suggest to prospective patrons that any service is available other than those services as described herein or that employees or entertainers are dressed in any manner described herein, nor shall any establishment indicate in the text of such advertising that any service is available other than those services described herein. Section 31. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Chapter or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or any part thereof. Section 32. Effective Date. This ordinance shall be effective from and after its passage, approval, and publication in the official city newspaper. PASSED AND ADOPTED by the governing body of the City of Ottawa, Kansas, this day of , 2024. Mayor Attest: City Clerk 11.06.24 Agenda Pkt Page #28  Back to Agenda XI.B.2 RESOLUTION NO. ________ A RESOLUTION SETTING A LICENSE FEE FOR MASSAGE ESTABLISHMENTS AND MASSAGE THERAPISTS IN THE CITY OF OTTAWA, KANSAS. WHEREAS, the Governing Body of City of Ottawa, Kansas (the "City") has adopted an ordinance allowing for the licensing and regulation of massage therapy establishments and massage therapists, and WHEREAS, the Governing Body requires a license for massage therapy establishments and massage therapists; and WHEREAS, the Governing Body has reserved to itself the authority set such fee by resolution and now desires to do so; and THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF OTTAWA, KANSAS, AS FOLLOWS: Section 1. Fee for Massage Therapy Establishments. The fee for a license to operate a massage therapy establishment in the City of Ottawa shall be $200 for a one-year permit. Section 2. Fee for Massage Therapists. The fee for a license to work as a massage therapist in the City of Ottawa shall be $50 for a one-year permit. Section 3. Effective Date. This resolution shall take effect and be in full force and effect upon adoption by the Governing Body. Section 4. Prior Resolutions. Prior resolutions on this subject are hereby rescinded when in conflict with this resolution. Adopted by the Governing Body of the City of Ottawa, Kansas ___day of _______________2024. ___________________________________ Mayor (SEAL) ATTEST: ___________________________________ City Clerk 11.06.24 Agenda Pkt Page #29