(A) Massage therapy business license application. An application for a license to operate a massage therapy business shall be filed, along with all required fees, with the City Clerk. The application fee is applied to the city's costs of the background investigation of the massage therapy business and all persons or entities that have a 5% financial interest in the massage therapy business. An investigation by the building inspector may be required of all premises proposed to be licensed before consideration by the city. The Police Department shall conduct the background investigation before consideration by the city. All applications shall thereafter be considered and approved or denied by the City Clerk. The application shall provide:
(1) All applicants:
(a) Whether the applicant/owner is an individual, corporation, partnership, or other form of organization;
(b) Full name, address, date and place of birth, and telephone number of the applicant, all owners and operators, including the designated on-site manager or agent of the applicant;
(c) The address of the premises where the massage therapy business is to be located if proposed to have a fixed location in which the services are provided and if the applicant does not own the premises, a copy of the lease agreement to occupy the premises;
(d) Statement of whether all taxes and special assessments due and owing on the premises on which the applicant proposes to operate the massage therapy business are current, and if taxes are delinquent, the years for which the taxes on the premises are delinquent (this information is required by the applicant only if the applicant or other entity in which the applicant has an interest has the legal duty to pay said property taxes or assessments due and owing);
(e) The name of the business if the business is to be operated under a name or designation other than the name of the applicant. This shall be accompanied by a copy of the certificate required by M.S. §§ 333.01 and 333.02; and
(f) Proof of general liability insurance coverage in effect as required in this chapter;
(g) The applicant shall produce at time of filing application the applicant's proof of identification which may be established only by one of the following:
1. A valid driver's license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person;
2. A valid military identification card issued by the United States Department of Defense;
3. A valid passport issued by the United States: or
4. In the case of a foreign national, by a valid passport.
For purposes of proof of identification, the APPLICANT shall mean the on-site manager or agent for a massage therapy business filing application and the natural person signing the application for a massage therapy business license;
(h) The application shall identify the full name, address, date and place of birth, and telephone number of the natural person, designated by the applicant as the massage therapy business's on-site manager or agent, who shall be a resident as of the date of application of the State of Minnesota or the following Wisconsin counties: Pierce, St. Croix, Pepin, Dunn, Polk, along with the notarized written consent of such a person to:
1. Take full responsibility for the conduct of the licensed premises and operation; and
2. Serve as agent for service of notices and other process relating to the license;
(i) With respect to the owner, operator, or any person who has a 5% financial interest in the proposed licensed massage therapy business and the appointed on-site manager or agent of the applicant, information as to any and all criminal conviction(s) of any state, county, or local law or regulation;
(j) Proof of Workers' Compensation insurance as required by Minnesota law; and
(k) Such other information as the city shall require or as required by state law; and
(l) Minnesota business tax identification and social security number as required by M.S. § 270C.72.
(2) Individuals:
(a) The full name, address, date and place of birth, and telephone number of the applicant;
(b) Whether the applicant and on-site manager or agent have ever used or have been known by a name other than his or her name on the application, and if so, the name or names used and information concerning dates and places where used;
(c) Whether the applicant is a United States citizen or is legally permitted to be in the United States and providing proof thereof;
(d) The street and city addresses at which the applicant and on-site manager or agent lived during the preceding ten years;
(e) Names, addresses, and dates of the applicant's and on-site manager's or agent's employers for the preceding ten years;
(f) Whether the applicant and on-site manager or agent have ever been engaged in the operation of massage services. If so, they shall furnish information as to the name, place, and length of time of the involvement in such an establishment; and
(g) Such other information as the city shall require or as required by state law.
(3) Partnerships:
(a) The full name(s), address(s), date and place of birth, and financial interest of all general partners and all of the information concerning each general partner that is required of applicants in division (A)(2) of this section;
(b) The full name(s), address, date and place of birth, and telephone number of the managing partner(s) and the interest of each managing partner in the business;
(c) A copy of the partnership agreement shall be submitted with the application. The license shall be issued in the name of the partnership; and
(d) Such other information as the city shall require or as required by state law.
(4) Corporations and other organizations:
(a) The name of the corporation or business firm, and if incorporated, the state of incorporation;
(b) A copy of the certificate of incorporation, shall be attached to the application. If the applicant is a foreign corporation, a certificate of authority as required by M.S. § 303.06, shall be attached;
(c) The name of the manager(s), proprietor(s) or other agent(s) in charge of the business and all of the information concerning each manager, proprietor, or agent that is required of applicants in division (A)(2) of this section;
(d) A list of all persons who own or have a 5% or more interest in the corporation or organization or who are officers of said corporation or organization, together with their addresses and all the information regarding such persons as is required in division (A)(2) of this section; and
(e) Such other information as the city shall require or as required by state law.
(B) Massage therapist license application. An application for a massage therapist license shall be filed, along with all required fees, with the City Clerk. The Police Department shall conduct the background investigation before consideration by the city. All applications shall thereafter be considered and approved or denied by the City Clerk. The application for a license under this division shall be made on a form supplied by the City Clerk and shall request the following information:
(1) The applicant's full name, address, date and place of birth, telephone number, weight, height, eye color;
(2) The name, address, and telephone number of the applicant's current employer;
(3) The applicant's employers for the previous ten years, including the employer's name and address and dates of employment;
(4) The applicant's addresses for the previous ten years;
(5) Whether the applicant is a United States citizen or is legally permitted to be in the United States and providing proof thereof;
(6) Whether the applicant has ever used or has been known by a name other than his or her name, and if so, the name or names used and information concerning dates and the county and state where used;
(7) Proof of general liability insurance coverage in effect as required in this chapter (proof of insurance coverage may not be available to the applicant at time of application, but proof of insurance coverage shall be submitted to the City Clerk before a license is issued);
(8) The applicant shall produce at time of filing application the applicant's proof of identification which may be established only by one of the following:
(a) A valid driver's license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person;
(b) A valid military identification card issued by the United States Department of Defense;
(c) A valid passport issued by the United States; or
(d) In the case of a foreign national, by a valid passport.
(9) Information as to any and all criminal conviction(s) of any state, county, or local law or regulation;
(10) One of the following:
(a) Proof of successful completion of a minimum of 500 credit hours of certified therapeutic massage training/course work that includes subjects of anatomy, physiology, hygiene, ethics, massage theory and research, and massage practice from an accredited institution or program;
(b) A diploma or certificate of graduation for a comprehensive massage therapy program consisting of the course work stated above in division (B)(10)(a) issued to the applicant from an accredited institution, an accredited program, or an institution or program with endorsed curriculum for massage therapy; or
(c) Proof of passing the National Certification Exam (also known as Massage & Bodywork Licensing Examination (MBLEx)) offered by the National Certification Board for Therapeutic Massage & Bodywork or the Federation of State Massage Therapy Board and a minimum of three years of full-time work experience as a massage therapist within the United States;
(11) Such other information as the city shall require or as required by state law; and
(12) Minnesota business tax identification and social security number as required by M.S. § 270C.72.
(Ord. 912, passed 3-24-11; Am. Ord. 1043, passed 4-12-18; Am. Ord. 1066, passed 9-12-19; Am. Ord. 1119, passed 4-13-23)