§ 123.03 LICENSES REQUIRED.
   (A)   Massage therapist license required. It is unlawful for any person to practice therapeutic massage therapy or provide or offer to provide massage therapy within the city without a license therefor issued by the city.
   (B)   Massage therapy business license required. It is unlawful for any person or entity to operate a massage therapy business within the city without a license therefor issued by the city.
   (C)   Exception.
      (1)   This section shall not apply to and no massage therapy business license shall be required for:
         (a)   A health care office, clinic, or facility:
            1.   Owned by a municipal corporation organized under the laws of the state, or
            2.   Owned by the state or any of its agencies, or
            3.   Licensed by the state; or
         (b)   Any business or entity owned and operated by state licensed medical professional(s) through whom therapeutic massage is provided to its patients as a secondary health care treatment provided by the business or entity.
         (c)   Any business operating as a cosmetology salon which is licensed by the State of Minnesota as a cosmetology salon as the term is defined by the state licensing regulations and all massages provided are within the scope of providing cosmetology personal services under the state license.
      (2)   This section shall not apply to, and no massage therapy business license shall be required for, an accredited institution which provides an accredited program of study or course work in massage therapy or therapeutic massage provided:
         (a)   The school, college, university, or institution meets the criteria set forth in the definition of student of massage therapy herein; and
         (b)   The massage therapy is provided during and as part of a course or clinical component of the school's program or course work; and
         (c)   The person is supervised by an instructor while providing or performing massage therapy.
      (3)   This section shall not apply to and no massage therapist license shall be required for:
         (a)   A massage therapist who is working for, or an employee of, a medical professional licensed under M.S. Chapter 147 or Chapter 148 or an employee of a health care office, clinic, or facility:
            1.   Owned by a municipal corporation organized under the laws of the state, or
            2.   Owned by the state or any of its agencies, or
            3.   Licensed by the state; or
         (b)   Any student of massage therapy meeting the definition as set forth herein, provided:
            1.   The massage therapy is provided during and as part of a course or clinical component of an accredited program or course work; and
            2.   The massage therapy student is supervised by an instructor while providing or performing massage therapy services. A notice, which advises the public that the person who may provide massage therapy services is a student of massage therapy and is not licensed by the city, shall be posted in a conspicuous location in the room in which the massage therapy is provided.
         (b)   A cosmetologist who holds a cosmetologist license issued by the State of Minnesota and the massage services are within the scope of providing cosmetology personal services under the state license and within the premises of a cosmetology salon licensed by the State of Minnesota.
   (D)   License period and renewal. A license issued under this chapter shall be an annual license, expiring on June 30 of each year. A license may be annually renewed, provided the licensee complies with the renewal application process as follows:
      (1)   The licensee shall complete the renewal application on a form provided by the city;
      (2)   The completed renewal application, along with the license fee, shall be filed with the City Clerk no later than May 15 of the renewal year; and
      (3)   The massage therapy business licensee shall provide all information regarding ownership interest if different than the prior applications. If ownership interests have changed, an additional investigation fee is required;
      (4)   When a licensee fails to file the application for a renewal or to pay the required license fee on or before May 15, the license renewal application will not be accepted or considered until or unless the licensee submits payment of a late fee of 130% of the amount of the license fee for the annual license term, not to exceed $30 more than the license fee; and
      (5)   If the licensee fails to file the application for renewal, along with the license fee and late fee on or before June 30, the license shall be deemed expired.
   (E)   License and investigation fees. The license and investigation fees shall be determined by the City Council as set forth in Chapter 35 Appendix. All required license fees shall be paid on a prorated quarterly basis. In the case of a massage therapy business that is wholly owned and operated by the massage therapist licensed under this chapter and does not have any employee or contracted person other than the massage therapist licensed owner providing massage therapy services for or through the massage therapy business, the massage therapy business license fees shall not be required and only the massage therapist license fees shall be required. If it is found at any time during the term of the license period that the massage therapy business is not wholly owned and operated by the massage therapist licensed under this chapter or it has an employee(s) or contracted person(s) other than the massage therapist licensed owner providing massage therapy services for or through the massage therapy business, then the massage therapy business license fees shall be required to be paid on a prorated basis for the remaining term of the massage therapy business license.
(Ord. 912, passed 3-24-11; Am. Ord. 986, passed 3-26-15; Am. Ord. 1043, passed 4-12-18; Am. Ord. 1119, passed 4-13-23)