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HomeMy WebLinkAboutNo 972 Addition of Chapter 14, Article XX Regulating Massage Centers Ordinance 972 Addition of Chapter 14, Article XX Regulating Massage Centers ARTICLE XX– MASSAGE CENTERS DIVISION 1. – GENERALLY Sec. 14-1438. - Purpose, applicability and exceptions. (1) The purpose of this article of the City Code is to prohibit massage businesses and services to the public except those licensed as massage centers and massage therapists pursuant to division 2 of this article. The licensing regulations prescribed herein are necessary in order to protect businesses that are operating legitimate enterprises, to prevent criminal activity and to protect the health and welfare of the community. (2) This article shall not apply to the incidental provision of such services by athletic, lodging, recreational, religious, or social organizations upon their registered premises. For the purpose of this article, the term "incidental provision" shall mean that the cost of providing such facilities and any income generated from their use shall represent less than 15 percent of the gross revenues generated by such organization at such premises. (3) A massage center or therapist license is not required for the following persons and places: (a) Persons duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, or professional practices licensed or registered by this state and regulated by a governmental body with a board where concerns and complaints could be directed, provided the massage is administered in the regular course of the medical business and not provided as part of a separate and distinct massage business. (b) Persons duly licensed by this state as beauty culturists or barbers, provided such persons do not hold themselves out as giving massage treatments and provided the massage by beauty culturists is limited to the head, hand, neck, and feet and the massage by barbers is limited to the head and neck. (c) Persons working solely under the direction and control of a person duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry or professional practices licensed or registered by this state and regulated by a governmental body with a board where concerns and complaints could be directed. (d) Places duly licensed or operating as a hospital, nursing home, hospice, sanitarium, or group home established for the hospitalization or care of human beings. (e) Students of an accredited institution who are performing massage services in the course of a clinical component of an accredited program of study, provided that the students are performing the massage services at the location of the accredited institution and provided the students are identified to the public as students of massage therapy. Students of an accredited institution who are performing massage services at clinics or other facilities located outside of the accredited institution must have at least 150 hours of certified therapeutic massage training at the accredited institution prior to performing the therapy outside of the institution, must have proof of liability insurance, and must be identified to the public as a student of massage therapy. Sec. 14-1439. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accredited institution means an educational institution holding accredited status with the United States Department of Education or Minnesota Office of Higher Education. Massage center means a premise in or upon which an entity operates a business which employs only licensed massage therapists to provide therapeutic massage to the public. The owner/operator of a massage center need not be licensed as a massage therapist if he or she does not at any time practice or administer massage to the public. Massage means any method of pressure on, or friction against, or the rubbing, stroking, kneading, tapping, pounding, vibrating, stimulating, or rolling of the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations. Massage therapist means an individual who practices or administers massage to the public who can demonstrate to the issuing authority that he or she has completed 500 hours of certified therapeutic massage training with content that includes the subjects of anatomy, physiology, hygiene, ethics, massage theory and research, and massage practice from an accredited program or accredited institution that has been approved by the issuing authority. These training hours must be authenticated by a single provider through a certified copy of the transcript of academic record from the school issuing the training, degree or diploma. Operate means to own, manage or conduct or to significantly participate in the ownership, management or conduct of a massage center business regulated under this article. Outcall service means provision by a massage therapist of massage services at a premises other than a licensed massage center. Sec. 14-1440. - Violations; penalties. Failure to establish and maintain the premises and records required pursuant to this article constitutes a violation of this article. Such violations shall be cause for suspension, revocation or nonrenewal of the massage center or therapist’s license and/or other penalties including the penalty in section 1-15. Sec. 14-1441. - Business office and records. Each massage center licensed under this division shall maintain a business office at a street address listed on the premises license application. The address must be an actual location from which business is conducted and not merely a postbox or similar accommodation address. The name and telephone number of the operator or manager, hours of operation of the service, and a copy of the massage center license will be prominently displayed at the business office. Records of the massage center required by this division, including the roster of massage therapists, photographs of outcall therapists and register of outcall appointments, shall be available at the massage center for inspection by city officials during the posted hours of operation. (Code 1982, § 24-90) Sec. 14-1442. - Roster of massage therapists. Each massage center shall maintain, on the premises, a roster of massage therapists available through the center. The roster shall include the name, therapist’s license number, address, and telephone number of the therapist; the date that the massage center began representing the therapist; and the date, as applicable, that such representation ceased. The roster shall include the names of all massage therapists represented by the massage center during the preceding 12 months. (Code 1982, § 24-91) Sec. 14-1443. - Register of outcall appointments. Each massage center shall maintain, at the premises of record, a register of all appointments for outcall service provided through the center. The register shall include the name and practitioner's license number of the massage therapist; the name and address of the client; the method of payment; and the address, date and time at which massage was provided. Appointments shall be registered in chronological order by date and time of appointment. The register shall include all appointments for the previous 12 months. (Code 1982, § 24-92) Sec. 14-1444. - Photographs of outcall massage therapists. Each massage center shall maintain, at the premises of record, a color photograph of each massage therapist available for outcall service through the center. Photographs shall be full face, not less than 2½ by 2½ inches, and shall be renewed annually. The practitioner's license number of the therapist and the date the photograph was made will be indicated in indelible ink on the reverse of the photo. Photographs will be retained while the therapist is listed on the roster described in section 14-1442. (Code 1982, § 24-93) Sec. 14-1445. - Massage center manager. A manager must be assigned for each massage center licensed under this division, and such manager must have a valid massage therapist license. The center’s licensee shall designate a natural person as manager, and the manager shall be responsible for the conduct of the business until another natural person has been designated in writing as manager by the licensee. The center’s licensee shall promptly notify the city manager in writing of any change of managers; such notice shall indicate the name and address of the new manager and the effective date of such change. (Code 1982, § 24-94) Sec. 14-1446. - Clothing requirements. The buttocks and genitals of all massage therapists and the breasts of female massage therapists shall be opaquely clothed at all times during the provision of licensed services. (Code 1982, § 24-95) Sec. 14-1447. - Prohibited activities. Any touching, manipulation, stimulation or excitation of the sexual or genital anatomy of a client by a massage therapist or of a massage therapist by a client pursuant to the provision of massage is expressly prohibited. In addition to penalties provided elsewhere in this article, a maximum fine in accordance with section 1-15 may be imposed. (Code 1982, § 24-96) Sec. 14-1448. - Prohibited solicitation of business by licensed massage therapist. No massage therapist licensed under this division shall solicit business in any public place or in any licensed liquor establishment in the city. (Code 1982, § 24-97) Sec. 14-1449. - Violations; penalties. Violation of requirements and procedures specified in this division shall be cause for suspension, revocation or nonrenewal of the massage center or therapist’s license and/or other penalties in accordance with section 1-15 may be imposed. (Code 1982, § 24-98 DIVISION 2. – LICENSES Sec. 14-1450. - License Fees. (1) The fees charged by the city for preparing, recording and issuing licenses pursuant to this division shall be established by resolution of the city council. (2) The license fee shall be paid when the application for a license under this division is submitted and shall not be refundable. (Code 1982, §§ 24-100, 24-101) Sec. 14-1451. - Investigative fee. Upon the filing of an application for a massage center or therapist’s license under this division, the applicant shall pay in full any applicable investigative fee established by resolution of the city council. Investigative fees are nonrefundable. Investigative fees are assessed to defray the cost of a background investigation of the prospective licensee and, for a massage center licenses, of the original designated manager thereof. No investigation is required and no investigative fee shall be charged for routine annual renewal of licenses. When a license has expired due to failure of the license holder to apply for timely renewal or when a license has been denied or revoked by action of the city council, the city manager, at the recommendation of the chief of police, may require the applicant to pay the investigative fee anew. (Code 1982, § 24-102) Sec. 14-1452. - Massage center license required. Except for the incidental provision of services and exceptions defined in section 14-1438 (b) and (c), each person operating a massage service within the city limits must be in possession of a current massage center license for such business issued by the city. (Code 1982, § 24-103) Sec. 14-1453. - Submission of massage center license application. An application for a massage center license under this division shall be made on forms supplied by the city for such purpose and shall contain all information required by this article. Any falsification or willful omission of information required in the application shall be cause for denial, suspension or revocation of such license. (Code 1982, § 24-104) Sec. 14-1454. - Information required on massage center license application. Each applicant for a massage service massage center license shall provide the following information on the application form: (1) Whether the applicant is a natural person, a corporation, a partnership or other form of organization. (2) If the applicant is a natural person: (a) His true name, place and date of birth, street residence address and phone number; (b) Whether the applicant is a citizen of the United States; (c) Whether the applicant has ever used or has been known by a name other than his true name, and, if so, what was such name and information concerning dates and places where used; (d) The name of the business, if it is to be conducted under a designation, name or style other than the full individual name of the applicant, and in such a case a copy of the certification, as required by Minn. Stats. Ch. 333, certified by the clerk of the district court shall be attached to the application; (e) The street addresses at which applicant has lived during the preceding five years; (f) The kind, name, and location of every business or occupation the applicant has been engaged in during the preceding five years; (g) Whether the applicant has ever been convicted of any felony, crime, or violation of any chapter other than traffic chapters, and, if so, the applicant shall furnish information as to the time, place, and offense for which convictions were had; (h) The physical description of the applicant; (i) The types and amount of training possessed by the applicant relevant to the operation of a massage center; and (j) The same information shall be required of the manager. (3) If the applicant is a partnership: (a) The names and addresses of all partners and all information concerning each partner and the manager as is required of an individual applicant in subsection (2) of this section. (b) The name of the managing partner and the interest of each partner in the business. (c) A true copy of the partnership agreement shall be submitted with the application, and, if the partnership is required to file a certificate as to a trade name under Minn. Stats. Ch. 333, a copy of such certificate, certified by the clerk of the district court, shall be attached. (4) If the applicant is a corporate or other organization: (a) The name and, if incorporated, the state of incorporation. (b) A true copy of the certificate of incorporation, articles of incorporation or association agreement, and bylaws shall be attached to the application, and if a foreign corporation, a certificate of authority, as described in Minn. Stats. Ch. 303, shall be attached. (c) The name of the manager and all information concerning such person as is required by subsection (2) of this section. (d) A list of all parties who control or own an interest in excess of five percent in such corporation or organization or who are officers of the corporation or organization and all information concerning such persons as is required by subsection (2) of this section. (5) Whether the applicant is licensed in other communities and, if so, where. (6) Whether the applicant has previously been denied a license to conduct the type of business for which a license is requested. (7) Legal description and address of the massage center for which the license is requested. (8) If the applicant is a natural person, one front-face photograph of the applicant, taken within 30 days of the date of the application, at least 2½ inches square; if the applicant is a partnership, corporation, or other organization, one front-face photograph of each partner and managing agent, taken within 30 days of the date of application, at least 2½ inches square. (9) Such other information as the city council may require. (Code 1982, § 24-105) Sec. 14-1455. - Verification of application for massage center license. The application for a massage center license under this division shall be signed and sworn to by the applicant if the applicant is a natural person. If the applicant is a corporation, the application shall be signed and sworn to by an officer of the corporation. If the applicant is a partnership, the application shall be signed and sworn to by one of the partners. The application shall be notarized by a commissioned notary public. (Code 1982, § 24-106) Sec. 14-1457. - Issuance or denial of massage center license. (1) No massage center license shall be issued under this division except by council approval. The council may grant or deny any license requested at its discretion. (2) Council approval shall not be necessary for the routine renewal of an existing business license. However, failure to apply for renewal at least 30 days before the expiration of an existing license may be considered an abandonment of this routine renewal privilege, and council approval may be required prior to renewal in such cases. (Code 1982, § 24-107) Sec. 14-1458. - Conditions of massage center license. No massage center license shall be issued, renewed or continued in effect under this division, unless there is compliance with the minimum conditions and requirements as set forth in this article. Failure to maintain compliance shall be cause for denial, suspension or revocation of such license. (Code 1982, § 24-108) Sec. 14-1459. - Denial of premises license for unpaid taxes, assessments or claims. No license shall be granted or renewed under this division on any premises on which taxes, assessments or other financial claims of the city, county or state are due, delinquent or unpaid. If an action has been commenced pursuant to Minn. Stats. Ch. 278, questioning the amount or validity of taxes, the council may, on appeal by the applicant, waive strict compliance with this section. No waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after becoming due. (Code 1982, § 24-109) Sec. 14-1460. - Suspension or revocation of massage center license. (1) A massage center license issued under this division may be revoked by the council for cause pursuant to a hearing. Such hearing shall be held after five days' notice to the licensee. (2) A license may be suspended temporarily by the city manager, and suspension shall continue until otherwise ordered by the council, providing that the charges of the city manager are delivered in writing to the licensee and that the council affords the licensee a hearing at its first scheduled meeting immediately following the suspension order. (3) Upon hearing, the council may continue the suspension for a specific period or may terminate the suspension or may continue the license in effect based upon any additional terms, conditions and stipulations which the council may in its sole discretion impose. (Code 1982, § 24-110) Sec. 14-1461. - Prohibited activities when massage center license suspended or revoked. No massage center licensee shall solicit business or offer or agree to perform any licensed service, nor shall licensed employees of the business licensee solicit business or offer or agree to perform any licensed service within the city while the business license is under suspension or revocation under this division. (Code 1982, § 24-111) Sec. 14-1462. - Expiration date of massage center license. The expiration date of such massage center license is as may be imposed, set, established and fixed by the city clerk, from time to time. (Code 1982, § 24-112; Council Amend. of 9-28-2015) Sec. 14-1463. - Transfer of massage center licenses. No massage center license issued under this division shall be transferred to any other person or premises. (Code 1982, § 24-113) Sec. 14-1464. - Therapist license required for individuals. (1) It shall be unlawful for any natural person to engage in business as a massage therapist, as defined in this article, unless such person is: (a) In possession of a current therapist license, issued under this division; and (b) Affiliated with, employed by, or owns at least one massage center currently licensed under this division, unless a person or place is specifically exempted from obtaining a massage center license. (2) As used in this section, the term "engage in business" means the provision of services described in this article for which any charge or fee is made or any money or thing of value is solicited or received by the provider. (Code 1982, § 24-114) Sec. 14-1465. - Qualifications of applicant for therapist license. Every applicant for a therapist license under this division must be a natural person and at least 21 years of age. (Code 1982, § 24-115) Sec. 14-1466. - Disqualifications for therapist license. No therapist license shall be issued under this division to any applicant who: (1) Is under 21 years of age; (2) Is not a United States citizen or legal resident alien; (3) Has, within the past five years, been convicted of a felony offense or any misdemeanor offense involving moral turpitude or which relates directly to such person's ability, capacity or fitness to perform the duties and discharge the responsibilities of the licensed activity; or (4) Within five years prior to the date of application, has had a similar license revoked, denied or suspended. (Code 1982, § 24-116) Sec. 14-1467. - Filing of therapist license application. Every application for a therapist license under this division shall be filed with the city clerk on a form to be provided thereby. (Code 1982, § 24-117) Sec. 14-1468. - Manner of submission of therapist license application. An application for a therapist license under this division shall be made on forms supplied by the city for such purpose and shall contain all information required by this article. Any falsification or willful omission of information required in the application shall be cause for denial, suspension or revocation of such license. (Code 1982, § 24-118) Sec. 14-1469. - Information required on therapist license application. Each applicant for a massage therapist license shall provide the following information in the application: (1) The applicant's true name, place and date of birth, street residence address and phone number (2) Whether the applicant is a citizen of the United States or resident alien or has the legal authority to work in the United States; (3) Whether the applicant has ever used or has been known by a name other than his true name and, if so, what was such name and information concerning dates and places where used; (4) The street addresses at which the applicant has lived during the preceding five years; (5) The applicant's employers for the previous five years, including the employer's name, address and dates of employment; (6) whether the applicant has ever been convicted of any crime, and, if so, the applicant shall furnish information as to the time, place, and offense for which convictions were had; the physical description of the applicant; and the previous training or experience of the applicant in providing massage services; (7) Whether the applicant is presently licensed in other communities and, if so, where; (8) Whether the applicant has had an interest in, as an individual or as part of a corporation, partnership, association, enterprise, business or firm, a massage license that was denied, revoked or suspended within the last five years of the date the license application is submitted to the issuing authority; (9) One front-face photograph of the applicant, taken within 30 days of the date of application, at least 2½ inches square; (10) Such other information as the city council may require. (Code 1982, § 24-119) Sec. 14-1470. - Educational requirements of applicants for therapist license. Every applicant for a massage therapist license under this division shall furnish a certified copy of the applicant's diploma or certificate of graduation from an accredited institution (Code 1982, § 24-120) Sec. 14-1471. - Verification of application for therapist license. The application for a therapist license under this division shall be signed by the applicant, in the presence of a city employee, at the time of filing. Applicants shall furnish satisfactory proof of identification upon signing. (Code 1982, § 24-121) Sec. 14-1472. - Conditions of therapist license. No therapist license shall be issued, renewed or continued in effect under this division, unless there is compliance with the minimum conditions and requirements as set forth in this article. Failure to maintain compliance shall be cause for denial, suspension or revocation of such license. (Code 1982, § 24-122) Sec. 14-1473. - Issuance or denial; appeal of denial. Applications for massage therapist licenses under this division shall be reviewed by the chief of police and such other city officials as the city manager may deem necessary. At the earliest practicable time thereafter, the city manager shall issue or deny the request for a license based upon the recommendation of such officials. Denial of an application by the city manager may be appealed to the city council, if such appeal is made in writing within ten working days following the date of denial of the license. When appealed, the city council may uphold or reverse the decision of the city manager. (Code 1982, § 24-123) Sec. 14-1474. - Suspension or revocation of therapist license. A therapist license issued under this division may be suspended or revoked by the city manager for cause pursuant to an administrative hearing. Such hearing will be conducted by a city officer appointed for this purpose by the city manager and will be conducted five days following the service of notice of revocation upon the license holder. The notice of revocation will specify the violations and causes upon which the suspension or revocation is based and will afford the therapist the opportunity to attend the administrative hearing. Service of the notice may be accomplished by certified mail to the therapist’s address of record or by leaving a copy of the notice with the manager of the massage service which maintains the therapist upon its roster of therapists. (Code 1982, § 24-124) Sec. 14-1475. - Appeal of suspension or revocation of therapist’s license. The therapist may appeal a license suspension or revocation during a regular meeting of the city council. After reviewing the grounds for action and the results of the administrative hearing, the council may uphold or reverse the decision of the hearing officer, and its judgment in this matter shall be final. (Code 1982, § 24-125) Sec. 14-1476. - Prohibited activities when therapist’s license suspended or revoked. No therapist licensed under this division shall solicit business or offer or agree to perform any licensed service within the city when the license of such person has been suspended or revoked. (Code 1982, § 24-126) Sec. 14-1477. - Possession and display of therapist’s license. A copy of the therapist’s license or an identification card issued under this division by the city shall be carried by the licensee at all times while so employed, and licensees shall present such documents for inspection when so requested by a proper official of the city. (Code 1982, § 24-127) Sec. 14-1478. - Expiration date of therapist license. Therapist licenses issued under this division shall have a duration period of one year. The expiration date of such license is as may be imposed, set, established and fixed by the city clerk, from time to time. (Code 1982, § 24-128; Council Amend. of 9-28-2015) Sec. 14-1479. - Closing hours. No massage center licensed under this article shall be open for business, nor will any massage therapist offer massage services, between the hours of 9:00 p.m. and 7:00 a.m. of the following day. Support activities such as cleaning, maintenance and bookkeeping are allowed outside of business hours. Sec. 14-1480. - Construction requirements.