ORDINANCE NO. ____, SERIES 2026
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AN ORDINANCE AMENDING THE LOUISVILLE METRO CODE OF ORDINANCES (“LMCO”) SECTIONS 115.170 TO 115.196 REGARDING MASSAGE FACILITIES.
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SPONSORED BY: COUNCIL MEMBERS RUHE, RENO-WEBER, AND HUDSON
WHEREAS, according to Polaris Project, protecting victims of human trafficking requires policies that focus on identifying coercion, control, and exploitation - not placing added burdens on lawful professionals; and
WHEREAS, Polaris research shows that illicit massage businesses are often run through organized networks with hidden ownership and financial secrecy, meaning enforcement should focus on these systems; and
WHEREAS, research from the Polaris Project reveals that human trafficking operations frequently hide behind the façade of illicit massage businesses, while also utilizing other legitimate-seeming entities such as nail salons, restaurants, and various service-oriented storefronts as a guise to mask criminal activity and evade oversight; and
WHEREAS, reducing trafficking requires addressing the demand for commercial sexual services, and policies that do not target demand may fall short; and
WHEREAS, License Massage Therapists (LMTs) in Kentucky complete rigorous state licensing, including education and hundreds of hours of training, exams, comprehensive background checks, and ongoing ethics training, and provide legitimate therapeutic healthcare services; and
WHEREAS, while LMTs meet established credentialing and licensure standards similar to other healthcare professionals, they are more frequently subject to additional scrutiny and expectations to demonstrate the legitimacy of their services, reflecting an inconsistent standard across healthcare fields; and
WHEREAS, the Mayo Clinic stated in its March 2022 article, “Benefits of Massage Therapy,” that for many patients, massage therapy is an important part of medical treatment plans that help them return to daily activities; and
WHEREAS, according to the American Massage Therapy Association’s 2026 Fact Sheet, most clients who discuss massage therapy with a doctor or healthcare provider are seeking treatment for chronic pain; and
WHEREAS, according to the American Massage Therapy Association 2026 Massage Profession Research Report (“American Massage Therapy Report”), approximately 80% of Licensed Massage Therapists are women, meaning this ordinance would disproportionately affect women-owned and women-operated small businesses, and about 70% of Licensed Massage Therapists report working as sole practitioners; and
WHEREAS, small businesses are already under pressure from economic changes and rising costs, including tariffs - additional regulatory requirements and annual facility license fees may force some to close or relocate; and
WHEREAS, according to the American Massage Therapy Report, the average annual income of Licensed Massage Therapists ranges from approximately $44,991 for full-time employees to $28,717 for part-time employees as of 2025, and the cost of an annual facility license would place an added financial burden on these small business owners; and
WHEREAS, treating licensed massage therapy as suspicious or linking it to illicit activity can reinforce stigma and discourage both practitioners and clients from seeking legitimate care; and
WHEREAS, increased scrutiny of licensed, compliant businesses may divert resources away from identifying and stopping those who commit or enable exploitation; and
WHEREAS, these measures may unintentionally reinforce the false belief that massage therapy is connected to illicit activity, contributing to harassment of licensed professionals; and
WHEREAS, Polaris research indicates policies that do not directly address those who seek or profit from exploitation fail to protect both trafficking victims and licensed therapists; and
WHEREAS, protecting the profession requires recognizing LMTs as healthcare providers and ensuring policies support their safety, dignity, and professional standing.
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:
SECTION I: Louisville Metro Code of Ordinances (“LMCO”), Sections 115.170 to 115.196, are hereby amended as follows:
§ 115.170 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTHORIZED CODE OFFICER. Any officer of Louisville Metro Police Department, Alcoholic Beverage Control, Louisville Metro Department of Public Health and Wellness, Codes and Regulations and/or Office of Planning authorized to enforce this subchapter.
DEPARTMENT. The Office of Licenses, Permits & Investigations, a division of Alcoholic Beverage Control.
DWELLING UNIT. As set forth and defined pursuant to the Louisville/Jefferson County Metro Government Land Development Code (“Land Development Code”), which includes either a single room or two (2) or more connected rooms used exclusively as a single unit and intended for occupancy for no less than 30 days or more by one (1) family and providing complete independent living facilities (which at a minimum includes provisions for living, eating, sleeping, cooking, and sanitation which are accessed independently).
EMPLOYEE. Any person over the age of 18 who renders any service in connection with the operation of a massage facility.
ESTABLISHMENT. Any store, shop, or place of business open to the general public for the primary purpose of selling goods or services.
LICENSED MEDICAL PROFESSIONAL. An individual legally authorized by the Kentucky Board of Medical Licensure or the Board of Nursing and includes exclusively: a Physician, an Advanced Practice Registered Nurse, a Physician Assistant, a Registered Nurse, a Licensed Practical Nurse, or a Pharmacist.
LOUISVILLE METRO GOVERNMENT OR METRO GOVERNMENT.
Louisville/Jefferson County Metro Government.
MASSAGE FACILITY. An establishment where any person performs massage or permits massage to be performed for compensation. MASSAGE FACILITY shall not include establishments such as an in-home massage at the dwelling unit of a client, or a business or school offering an on-site massage for employees or students as a reward or event.
MASSAGE OR MASSAGE SERVICES. The external manipulation or pressure of soft tissue for therapeutic purposes through touching, rubbing, pressing or other movements with the hands, forearms, elbows, or feet, or with the aid of mechanical apparatus, for relaxation, therapeutic, remedial or health maintenance purposes to enhance the mental and physical well-being of the client.
MASSAGE THERAPIST. A person who maintains a current state-issued massage therapy license from the Kentucky Board of Licensure for Massage Therapy.
OPAQUE COVERING. Anything used to cover something and cannot be seen through.
PATRON. Any person over the age of 18 who received a massage under such circumstances that it is reasonably expected that they will pay money or give other consideration therefore, or a minor accompanied by a parent or guardian.
PROPERTY OWNER. A person, association, corporation, partnership, or other legal entity having a legal or equitable title in real property.
SEXUAL AND GENITAL PARTS. Includes the genitals, pubic area, anus, perineum, or vulva of any person.
SEXUAL ACTIVITY. Intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to arouse or gratify the sexual desire of any person.
STATE LICENSE. A current massage therapy license issued by the Kentucky Board of Licensure of Massage Therapy.
§ 115.171 LICENSE REQUIRED FOR ALL MASSAGE FACILITIES.
(A) No massage facility shall solicit or engage in massage services within Jefferson County unless an annual license for the operation of the massage facility has been applied for and issued by the Department and the license remains in effect in conformity with the provisions of this subchapter.
(B) No person shall engage in massage for compensation unless they have a valid state license issued pursuant to Kentucky state laws.
§ 115.172 APPLICATION FOR MASSAGE FACILITY LICENSE.
(A) Every applicant for a license to operate a massage facility shall file an application under oath with the Department, on a form provided by the Department, and pay a nonrefundable fee of $200.00. Each application shall contain the following information:
(1) The name and residential address of the applicant, including the two previous addresses immediately prior to the present address of the applicant.
(a) If an applicant is a corporation or limited liability company, the application shall include the names and residential addresses of each of the officers and directors of said corporation or company and each stockholder owning more than 10% of the stock of the corporation or company and the address of the corporation or company, itself, if different from the address of the massage facility.
(b) If an applicant is a partnership, the application shall include the names and residential addresses of each of the partners including limited partners and the address of the partnership itself, if different from the address of the massage facility.
(2) The name, location, mailing address and phone number(s) of the massage facility seeking an operation license and the principal officer(s) who shall be the massage facility’s representative for the purposes of this subchapter.
(3) The names and residential addresses of all massage therapists and employees who are or will be employed at the massage facility, including a copy of their respective licenses issued by the Kentucky Board of Licensure for Massage Therapy or any successor state licensure body.
(4) Copy of the applicant’s identification such as a driver’s license or social security card.
(5) Fingerprints of the applicant. However, if the applicant is a partnership, limited liability company or corporation, the Department shall have the right to require the fingerprints of, including but not limited to, the officers, shareholders, directors, partners, members, managers, and/or agents of the entity.
(6) Business, occupation, or employment of the applicant for the three years immediately preceding the date of application.
(7) The massage or similar business license history of the applicant, including but not limited to, whether such person, in previously operating in this or another city or state, has had a business license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.
(8) All criminal convictions of the applicant, other than misdemeanor traffic violations, including the dates of convictions, nature of the crimes and places convicted.
(9) A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by applicant.
(10) In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of a fully executed lease indicating the tenants are allowed to provide massage services. In the absence of a fully executed lease, the application must be accompanied by a signed, notarized statement from the property owner stating the name(s) of each tenant(s) and that the lease of the property is for massage services.
(11) Authorization for any authorized code officer to seek other identification or information and investigate the truth of the statements set forth in the application and the qualifications of the applicant for the permit.
(B) The application, once accepted, shall be referred to the Louisville Metro Police Department or other background service as allowed for a criminal record check. These background investigations shall require the cost of the criminal record check and cost of fingerprint submissions to be borne by the applicant and is due contemporaneously with the application fee. However, if the applicant has an existing criminal background check completed within thirty (30) days of its application for a massage facility license, that background check may be accepted.
(C) The Department, in conjunction with the Health Department, appropriate Fire Department or Fire District and the Department of Planning and Zoning, shall inspect the facility to determine if it meets health, sanitation, structural, safety and zoning requirements. The initial inspection fee is to be borne by the applicant and is included in the application fee.
(D) An application for a license must be made for each separate massage facility.
(E) The applicant is required to update the information in the application if any of the information in the application changes.
§ 115.173 ISSUANCE OF LICENSE FOR MASSAGE FACILITY.
(A) A license to operate a massage facility shall be issued if all requirements for a massage facility described in this Ordinance are met unless it is found:
(1) The license fee or other fees or fines owed to Louisville Metro Government have not been tendered;
(2) The massage facility is not current with the Kentucky Revenue Commission;
(3) The massage facility, as proposed by the applicant, would not comply with all applicable laws, including but not limited to, Louisville Metro Government’s building, zoning or health regulations, the requirements of this subchapter or any state laws;
(4)(a) The applicant, if an individual, or any of the stockholders holding more than 10% of the stock of the corporation or limited liability company, any of the officers and directors, if the applicant is a corporation or limited liability company, 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, have been convicted, or arrested and/or charged within 18 months at the time of the application, of any of the following offenses:
(i) An offense involving the use of force and violence upon the person of another that amounts to a felony;
(ii) An offense involving sexual misconduct; and/or
(iii) An offense involving narcotics, dangerous drugs or dangerous weapons that amounts to a felony; and/or
(iv) An offense which intentionally subjects one (1) or more persons to engage in forced labor or services or commercial sexual activity through the use of force, fraud or coercion.
(b) Louisville Metro Government may issue a license to any person convicted of any of the crimes described in subsections 4(a)(i)-(iii) (iv) of this section if it finds that such conviction occurred at least 10 years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for a crime or crimes mentioned in this section;
(c) Louisville Metro Government may issue a license to any person arrested and/or charged of any of the crimes described in subsections 4(a)(i)--(iii) (iv) of this section if no conviction results from such arrest and/or charges within 12 months from the date of the application and the applicant has had no subsequent arrests and/or charges for a crime or crimes mentioned in this section from the date of the application;
(5) The applicant has made any false, misleading, or fraudulent statement of fact or failed to disclose required information or a facts in the license application or in any documents required by Louisville Metro Government in conjunction therewith;
(6) The applicant has had a massage business, massage therapy or other similar permit or license denied, revoked, or suspended by Louisville Metro Government or any other State or local agency within five (5) years prior to the date of the application; or
(7) The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation or limited liability company 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 massage facility is not over the age of 18 years old.
§ 115.174 APPROVAL OR DENIAL OF APPLICATION.
(A) Louisville Metro Government shall act to approve or deny an application for a license under this subchapter within a reasonable period of time. Any license issued under this subchapter shall be valid from the date of issuance until the next occurring January 1st unless the license has been suspended or revoked.
(B) In the event the Department denies a massage facility license, the Department shall notify in writing the applicant’s right to request a hearing to the Code Enforcement Board within seven (7) days of the denial in accordance with §§32.275 et seq.
§ 115.175 LICENSE RENEWAL.
(A) To renew a massage facility license for the following year, the applicant shall file an application for renewal no later than forty-five (45) days prior to the expiration of the current license, with the Department. The application shall be in such form and include such information as prescribed and required by the Department.
(B) Upon receiving the application, the Department, or other authorized code officer, shall perform an investigation and examination of the applicant and massage facility as the Department deems appropriate and as authorized by law. During this period of investigation to determine whether a license shall be renewed, any term of the immediately preceding license will be extended until the determination has been made.
(C) The renewed license shall be issued unless any of the following apply, in which case, the Department may deny the application for renewal:
(1) Information about the applicant or massage facility is obtained that would have prevented the applicant from originally obtaining a massage facility license under this subchapter;
(2) The massage facility is in violation of any part of this subchapter;
(3) The massage facility has outstanding fines or fees for violations of this subchapter or any other law or is not current with the Kentucky Revenue Commission; or
(4) The applicant had its previous license revoked. In this case, the applicant shall not receive a new license nor shall a different applicant receive a license to operate a massage facility at the same location for a period of one year.
§ 115.176 POSTING OF LICENSES.
Every massage facility licensed under this subchapter shall post, in a conspicuous place within the facility, the massage facility’s operation license and a copy of the state massage therapy license of each massage therapist employed at the massage facility.
§ 115.177 ACCESS.
(A) Every massage facility licensed under this subchapter hereby consents to the entry of an authorized code officer into the massage facility, including entry to any and all rooms of such facility, during regular business hours or at any other time when an owner, operator, employee, or independent contractor of such massage facility is present on the premises for the purposes of inspection to ascertain compliance with this chapter and/or local, state or federal law in accordance with § 115.188.
(AB) All front, reception, hallway, exterior and main entry doors shall be unlocked during business hours, except as may be permitted by applicable law (i.e., fire codes).
(1) This section shall not apply to a massage facility if all massage therapists at the facility are otherwise actively engaged in a massage session and no other employees are on the premises. In the event that a main entry door is locked under this subsection, there must be a sign posted in a clearly visible location on or near the main entry which provides the time of day at which the door will be unlocked. Failure to place such a sign, or to unlock the main entry door by the time posted will result in an imposition of the penalties provided in § 115.195.
(1) This subsection shall not apply to a massage facility if the massage facility is a business entity owned or operated by one individual with no employees or independent contractors present at the time of the massage services.
(2) This subsection shall not apply to exterior doors that are used solely by owners or employees of the massage facility provided customers are not permitted to enter through said exterior door.
(B) Customers (C) Patrons of the massage facility shall enter and exit the massage facility only through the main entry door.
(C) No massage may be given within any cubicle, room, booth or any area within a massage facility that is fitted with a lock of any kind, unless the only door is an exterior door of the facility.
§ 115.178 VISIBILITY.
No massage facility with exterior windows shall completely block visibility into the interior reception and waiting area by using curtains, closed blinds, tints, or any other material that obstructs, blurs, or darkens the view into the premises from the exterior during the hours the massage facility is open for business.
§ 115.179 GOVERNMENT IDENTIFICATION REQUIRED.
Upon request, any operator or employee of a massage facility shall present a valid form of government identification to an authorized code officer.
§ 115.180 REGISTER OF EMPLOYEES.
The massage facility shall maintain a register of all persons employed by the facility in any capacity, as well as a list of all massage therapists and a copy of their state licenses. The register must contain a copy of each employee’s valid government identification. Such register shall be available at the massage facility for review or inspection by any authorized code officer as defined by this subchapter.
§ 115.181 REGISTER OF PATRONS.
(A) The massage facility shall maintain a register of all patrons of the massage facility that includes the following information:
(1) First and last name of patron;
(2) First and last name of massage therapist;
(3) Date and time of service; and
(4) Type of service received.
(B) Massage facilities are required to verify the first and last name of the patron using a government issued form of identification.
(C) The register of patrons may be inspected by an authorized code officer pursuant to an administrative or judicial warrant.
§ 115.182 PROHIBITION AGAINST WARNING DEVICES.
No person shall use any device as an early warning system for the presence of law enforcement officers or other city personnel, including but not limited to light or music dimmers, electronic detection devices, and alarm systems other than those used for fire alarms.
§ 115.183 VIDEO SURVEILLANCE.
Each massage facility is required to may have video surveillance at all exterior entrances/exits, and are prohibited from having interior cameras. Additionally, a massage facility may have video surveillance in the facility lobby or waiting area or in any other public spaces, provided no video capture device records any portion of any changing areas or rooms in which massage services are provided.
(A) Upon issuance of a violation, or upon approval from at least two of the three following officials - the Director of Public Health, the Director of Alcoholic Beverage Control, or the Chief of Police - Metro may require a massage facility to install video surveillance at any or all exterior entrances/exits, in the facility lobby or waiting area, or in any other public spaces, provided no video capture device records any portion of any changing areas or rooms in which massage services are provided.
(AB) “Camera” for the purposes of this ordinance shall mean any video capture device.
(BC) The sole purpose for permitting a camera in a massage facility is to enhance provider safety, and the camera shall not be utilized for any other purpose.
(CD) Any massage facility utilizing a security camera is required to post notice of the security camera such that any clients of the massage facility have reasonable notice they are being recorded.
(DE) The massage facility shall retain camera video for a minimum of 30 calendar days and the camera shall continuously run during all hours of operation.
(EF) Any massage facility that maintains a security camera shall make such recordings available to any authorized code officer pursuant to an administrative or judicial warrant.
§ 115.184 OPERATING REGULATIONS.
(A) Each massage facility shall have:
(1) Adequate ventilation;
(2) Adequate lighting;
(3) Equipment and disinfectants approved by the Department for disinfecting and sterilizing instruments used in administering massage services;
(4) Clean linen of sufficient quantity that it can be changed after each massage service and cabinets for storage of the clean linen;
(5) Separate storage space for dirty linen; and
(6) Adequately clean dressing and toilet facilities for patrons and employees.
(B) Every massage facility shall be closed, and operations shall cease between the hours of 10:00 p.m. 12:00 a.m. and 75:00 a.m. each day.
(C) At all times, all massage therapists and employees must be fully dressed in opaque attire that does not expose to view any sexual or genital areas.
(D) The sexual and genital areas of a patron must be covered by a fully opaque covering when the patron is in the presence of a massage therapist or employee. Any contact with a patron’s sexual or genital areas is strictly prohibited unless under direct orders of a licensed medical professional.
(E) No alcoholic beverages, nor the consumption thereof, shall be permitted on any premises licensed pursuant to this subchapter.
(E) Alcoholic beverages, or the consumption thereof, may be permitted on any premises licensed pursuant to this subchapter, provided the facility has obtained an alcohol license. However, the Director of Alcoholic Beverage Control, or his or her Designee, shall reserve the right to deny an alcohol license to a Massage Facility under Chapter 113 of this Code of Ordinances and KRS Chapters 241, 243, and 244, and all amendments and supplements thereto. The applicant will be notified in writing of the reason for the denial.
§ 115.185 PROHIBITION AGAINST RESIDENCE.
No person shall be permitted to reside on or within the premises of a massage facility. Beds, floor mattresses, and water beds are prohibited on the premises. Evidence, such as the presence of bedding, pillows, sleeping bags, suitcases, clothing, toiletries or other personal belongings, cooking appliances, utensils, or food in excess of a massage facility’s normal requirements, may be considered when establishing that the premises is being used as a residence.
This provision does not preclude the location of a massage facility in separate quarters of a building that houses a hotel or other separate business(es), club or residence if permitted by the Land Development Code.
§ 115.186 EMPLOYMENT OF MASSAGE THERAPIST.
No person shall be employed as a massage therapist at a massage facility unless that person has obtained and has in effect a state license issued pursuant to KRS 309.350 et seq.
§ 115.187 PERSONS UNDER THE AGE OF 18 PROHIBITED ON PREMISES.
(A) No person under 18 may come or remain on the premises of a massage facility as a patron unless they are accompanied by with a parent or guardian over the age of 21.
(B) No person under 18 may be employed in any capacity by a massage facility.
(C) Persons under 18 may enter the premises of a massage facility if on lawful business other than as a massage therapist, employee, or patron of the massage facility.
§ 115.188 INSPECTIONS.
(A) Authorized code officers shall from time to time, but no less than once twice a year, inspect each massage facility for the purposes of determining full compliance with the provisions of this subchapter. It shall be unlawful for any licensee to fail to allow such inspection officer access to the premises or hinder such officer in any manner.
(B) The massage facility may be charged a reasonable fee by the inspecting agency for any inspections or re-inspections required to ensure compliance with this subchapter. A re-inspection is a secondary or subsequent inspection for compliance, after violations were found upon the first or initial inspection.
§ 115.189 UNLAWFUL ACTS.
(A) It shall be unlawful for any person, in a massage facility, to place their hand or hands upon, to touch with any part of their body, to fondle in any manner, or to massage, a sexual or genital part of any other person unless under direct orders of a licensed medical professional in accordance with §115.184(D). It shall also be unlawful for any person, in a massage facility or to engage in sexual activity.
(B) It shall be unlawful for any person, in a massage facility, to expose their sexual or genital parts, or any portion thereof, to any other person. It shall also be unlawful for any person, in a massage facility, to expose the sexual or genital parts, or any portions thereof, of any other person.
(C) It shall be unlawful for any person, while in the presence of any other person in a massage facility, to fail to conceal with a fully opaque covering, the sexual or genital parts of their body.
(D) It shall be unlawful for any person, in a massage facility, to engage in activity or behavior prohibited by Kentucky law, including but not limited to, prostitution or permitting or promoting prostitution, including but not limited to on websites or other advertisements.
(E) Each of the unlawful acts described in subsections (A) through (D) are prohibited by any employee or agent of a massage facility when providing massage services off premises in the scope of their employment with the massage facility.
(F) It shall be unlawful for any person owning, operating, or managing a massage establishment, knowingly to cause, allow or permit, any agent, employee, or any other person under their control or supervision to perform such acts prohibited in this subsection in the scope of their employment at the massage facility.
§ 115.190 SALE, TRANSFER OR CHANGE OF LOCATION.
(A) Upon sale, transfer or relocation of a massage facility, the license therefor shall immediately be null and void and any new license must be reapplied for as set forth in §115.173 except as provided in subsection (B).
(B) Upon the death or incapacity of the licensee or any co-licensee of the massage facility, any heir, beneficiary or legal representative of the deceased licensee may continue the massage operations for a reasonable period of time not to exceed 60 days to allow time for reapplication of the license.
§ 115.191 NAME AND PLACE OF BUSINESS.
No person or business granted a license pursuant to this subchapter shall operate the massage facility under a name not specified in their license, nor shall they conduct business under any designation or location not specified in their license.
§ 115.192 PROHIBITED ADVERTISEMENT.
(A) No person or business shall advertise a massage facility, in any way whatsoever, to convey that the facility is a massage facility or that massages are given at that facility or off premises until the massage facility and the massage therapists are licensed pursuant to this subchapter.
(B) No person or business shall advertise a massage facility, massage or any related service with the suggestion or promise of sexual activity.
§ 115.193 REQUIRED SLAVERY AND HUMAN TRAFFICKING NOTICES.
(A) Every massage facility shall post the below notice in a conspicuous place in facility restrooms open to patrons and/or the public, employee restrooms, and employee breakrooms in clear view of the public or employees who may utilize them. near the public entrance of the facility or in another conspicuous location in clear view of the public. The notice shall be printed in English, Spanish, Korean, Chinese and any other appropriate languages that reflect limited English proficiency needs as determined by Metro Government.
“If you or someone you know is being forced to engage in any activity and cannot leave whether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activity call the National Human Trafficking Hotline at 1-888-373-7888 or the National Organization for Victim Services at 1-800-TRY-NOVA (879-6682) to access help and services.
Victims of slavery and human trafficking are protected under United States and Kentucky law.
The hotlines are:
• Available 24 hours a day, 7 days a week.
• Toll-free.
• Operated by nonprofit, nongovernmental organizations.
• Anonymous and confidential.
• Accessible in more than 200 languages.
• Able to provide help, referral services, training and general information.”
(B) The Health Department shall develop and provide required human trafficking training to all authorized code officers and will provide resource cards that include victims’ rights and public health services for massage establishment employees upon each inspection.
(C) This subsection shall not apply to a massage facility if the massage facility is a business entity owned or operated by one individual with no employees or independent contractors.
§ 115.194 REVOCATION OF LICENSE.
(A) Licenses issued under this subchapter may be revoked by the Department for the following reasons:
(1) Fraud, misrepresentation, or false statement in the application for the massage facility operation license;
(2) Any violation of this subchapter;
(3) The applicant or massage facility owner is convicted or arrested and/or charged of with a felony, or offense involving sexual misconduct or dishonesty or any of the offenses listed in Section 115.173(A)(4)(i)-(iv); and/or
(4) Conducting the massage facility in an unlawful manner or in such a manner as to constitute a danger to the health, safety, or general welfare of the public.
(B) All persons or entities holding a massage facility business license shall at all times be responsible for the conduct of business on and off the licensed premises, and for any act or conduct of any employee, while in the course of his or her employment, which constitutes a violation of the provisions in this subchapter. Any violation of city, state, or federal laws committed on the licensed premises may be grounds for revocation of the operations license.
(C) In the event the Department revokes a massage facility license by issuing a written order to that effect, the Department shall notify in writing the license holder’s right to request a hearing to the Code Enforcement Board within seven (7) days of the revocation in accordance with §§32.275 et seq.
(D) In the event of revocation of a massage facility license by final order of the Code Enforcement Board, neither a direct relative of the holder of the revoked license, nor a person possessing an ownership interest in the massage facility for which the license was revoked or who was an employee thereof no individual who played a direct or indirect role in the unlawful actions of the massage facility which led to the revocation of the massage facility license, shall be eligible to issuance of a massage facility license.
(E) Upon approval from at least two of the three following officials - the Director of Public Health, the Director of Alcoholic Beverage Control, or the Chief of Police - an emergency suspension may be ordered when it is reasonably believed that the health, welfare, safety or security of the community is jeopardized by the continued operation of a licensee. In the instance of an immediate suspension of a license, licensees are entitled to an expedited hearing within 10 days with the Code Enforcement Board in accordance with §§32.275 et seq. An emergency order will remain in effect until a final order is issued.
§ 115.195 VIOLATIONS AND PENALTIES.
(A) Upon a finding by the Department that a massage facility has violated any provision(s) of this subchapter, the Department, in addition to other penalties authorized by law, shall issue a civil penalty up to one thousand dollars ($1,000).
(B) Each violation of this subchapter shall constitute a separate violation.
(C) Each day upon which a massage facility remains in violation of this subchapter shall also constitute a separate offense.
(D) Notice of the violation and imposition of fine shall be served on the licensee by certified mail or personal delivery. The notice shall contain an advisement of the licensee’s right to appeal.
(E) Upon two violations within a 12-month period, the property where the massage facility is located shall be referred to the Louisville Metro Department of Codes and Regulations to determine whether the property constitutes a persistent illegal activity property pursuant to LMCO Chapter 149.
(F) Any person, in a massage facility, that is performing massage without the required state license pursuant to KRS 309.350 et seq. shall be guilty of a Class B Misdemeanor and upon conviction shall be fined $250 and may be imprisoned up to ninety (90) days.
(G) Any person, massage facility owner or property owner who received a citation may pay the civil penalty within seven days from the date of issuance or request a hearing to the Board in accordance with §§32.275 et seq. If the person, massage facility or property owner fails to respond to the citation within seven days as referenced above, the person shall be deemed to have waived the right to a hearing, and the determination that a violation was committed shall be considered final. In this event, the citation, as issued, shall be deemed a final order, and impose the civil fine or penalty as set forth in such citation or Order and any right to appeal the final order to the Jefferson District Court shall be deemed waived.
(H) An appeal from a final order of the Board following a hearing conducted pursuant to §32.284(E) may be made to the Jefferson District Court within 30 days of the date the final order is issued. The appeal shall be initiated by the filing of a complaint and a copy of the final order in the same manner as any civil action under the Kentucky Rules of Civil Procedure. The Jefferson District Court shall review the final order de novo. If no appeal from a final order following a hearing is filed within the time period set in this section, the order shall be deemed final for all purposes.
(I) All money obtained through payment of citations shall go to Louisville Metro Police Department, Victim Services Unit to be used for immediate services and support for victims of suspected human trafficking.
§ 115.196 EXCEPTIONS.
This subchapter does not apply to the following establishments or class of persons:
(A) Offices, clinics or establishments of physicians, surgeons, chiropractors, osteopaths, registered nurses, or physical therapists while performing such services in the practice of their respective professions; and
(B) Barbers and cosmetologists duly licensed under the laws of Kentucky in the course of the practice of their usual and ordinary licensed vocation and profession.
(C) Licensed massage therapist who are not operating a massage facility.
(D) A massage facility, which is owned or operated by one individual with no employees or independent contractors, located in a dwelling unit that is owned and occupied by such individual, in a permitted residential zoning district, as set forth in the Land Development Code.
(D) Athletic clubs, if the massage services are provided at the athletic facility only;
(E) Hospitals, nursing homes, and other state licensed health care facilities; or
(F) Recognized schools of massage therapy.
SECTION II: This Ordinance shall take effect upon its passage and approval or otherwise becoming law.
_________________________________ _____________________________
Sonya Harward Brent Ackerson
Metro Council Clerk President of the Council
_________________________________ _____________________________
Craig Greenberg Approval Date
Mayor
Approved as to form:
Michael J. O’Connell
Jefferson County Attorney
BY: _________________________________
O-286-26 Amending LMCO 115.170-115.196 Massage Facilities (ms)