(A) A massage therapy business shall not be issued a massage therapy business license upon the following grounds:
(1) The proposed fixed location or premises in which the massage therapy business proposes to provide massage therapy services is not located in a commercial or industrial district in which medical or health care facilities or uses are permitted as established by the zoning chapter of this code;
(2) The owner, operator, or any person who has a 5% financial interest in the proposed licensed massage therapy business or the appointed on-site manager or agent of the applicant has a conviction for, or was charged with, but convicted of a lesser charge of, a crime involving a violation of any massage therapy-related regulation in any jurisdiction, any prostitution-related offense, criminal sexual conduct, indecent exposure, surreptitious intrusion, disorderly house as defined by Minnesota Statutes, theft, felony drug offense, any crime of violence as defined by Minnesota Statutes, or any other similar crime or offense within ten years of the date of application;
(3) The owner, operator, or any person who has a 5% financial interest in the proposed licensed massage therapy business had a massage therapist- or massage therapy business-related license in any jurisdiction that was suspended or revoked within ten years preceding the date of application;
(4) The application failed to identify the full name, address, and date and place of birth of the natural person designated by the applicant as the massage therapy business's on-site manager or agent, along with the notarized written consent of such a person to:
(a) Take full responsibility for the conduct of the licensed premises and operation; and
(b) Serve as agent for service of notices and other process relating to the license;
(5) The on-site manager or agent designated by the applicant is not a resident as of the date of application of the State of Minnesota or the following Wisconsin counties: Pierce, St. Croix, Pepin, Dunn, Polk;
(6) The on-site manager or agent designated by the applicant is not a United States citizen and is not legally permitted to be in the United States;
(7) The applicant provided false or misrepresented information in the application;
(8) The massage therapy business is proposed to be operated on premises on which property taxes, assessments, or other financial claims by the state, county, or city are due, delinquent, and unpaid, provided the applicant or other entity in which the applicant has an interest has the legal duty to pay said taxes, assessments, or claims due and owing;
(9) The applicant does not have general liability insurance coverage in effect as required in this chapter; and
(10) The applicant has been denied a license under this chapter within the preceding 12 months.
(B) A massage therapist shall not be issued a massage therapist license upon the following grounds:
(1) The applicant has a conviction for or was charged with, but convicted of a lesser charge, a crime involving a violation of any massage therapy-related regulation in any jurisdiction, any prostitution-related offense, criminal sexual conduct, indecent exposure, surreptitious intrusion, disorderly house as defined by Minnesota Statutes, theft, felony drug offense, any crime of violence as defined by Minnesota Statutes, or any other similar crime or offense within ten years of the date of application;
(2) The applicant had a massage therapist- or massage therapy business-related license in any jurisdiction that was suspended or revoked within ten years preceding the date of application;
(3) The applicant is not 18 years of age or older;
(4) The applicant is not a resident as of the date of application of the State of Minnesota or the following Wisconsin counties: Pierce, St. Croix, Pepin, Dunn, Polk;
(5) The applicant is not a United States citizen and is not legally permitted to be in the United States;
(6) The applicant has not earned or did not provide:
(a) Proof of successful completion of a minimum of 500 credit hours of certified therapeutic massage training/course work that includes the subjects of anatomy, physiology, hygiene, ethics, massage theory and research, and massage practice from an accredited institution or program; or
(b) Proof of a diploma or certificate of graduation in a comprehensive massage therapy program consisting of the course work stated above in division (B)(6)(a) issued to the applicant from an accredited institution or an accredited program for massage therapy; or
(c) Proof of passing the National Certification Exam offered by the National Certification Board for Therapeutic Massage & Bodywork and a minimum of seven years of full-time work experience as a massage therapist within the United States. In the case of an applicant who provided proof of the minimum of 500 hours of training/course work as set forth herein, a license may be issued, but a license will not be renewed unless the applicant provides at the time of license renewal proof of a diploma or certificate of graduation from a full massage therapy program from an accredited institution or an accredited program for massage therapy;
(7) The applicant provided false or misrepresented information on the application;
(8) The applicant does not have general liability insurance coverage in effect as required in this chapter; or
(9) The applicant has been denied a license under this chapter within the preceding 12 months.
(Ord. 912, passed 3-24-11; Am. Ord. 1066, passed 9-12-19)