Subd. 1.   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      A.   MASSAGE. Any process or procedure consisting of rubbing, stroking, kneading or tapping by any means upon the external body of a patron.
      B.   MASSAGE ESTABLISHMENT. A place where massage is practiced.
      C.   MASSAGE THERAPIST. A person licensed under this section to administer massage therapy as described by a recognized school for consideration.
      D.   PATRON. Any person who receives massage therapy under such circumstances that is reasonably expected that he or she will pay money or give any consideration therefor.
(Ord. 373, Second Series, passed 12-30-96)
      E.   RECOGNIZED SCHOOL. Any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of massage therapists, which school requires a resident course of study of not less than 500 hours before the student shall be furnished a diploma or certificate of graduation from the school following successful completion of the course of study or learning. The school must show current membership in good standing in the American Massage and Therapy Association or other recognized professional massage organization. Schools offering a correspondence course not requiring actual attendance of class shall not be deemed a RECOGNIZED SCHOOL.
(Ord. 392, Second Series, passed 1-19-98)
   Subd. 2.   Exceptions. This section shall not apply to the following classes of individuals while engaged in the duties of their professions:
      A.   Physicians, surgeons, chiropractors, osteopaths or physical therapists licensed to practice their respective profession under the laws of the state or nurses registered under the laws of the state when performed under the direction of a licensed physician, surgeon, chiropractor or osteopath;
      B.   Barbers and beauticians licensed under the laws of the state, provided that the massage is limited to the head and scalp; and
      C.   Coaches and trainers of educational institutions acting within the scope of their employment.
   Subd. 3.   Massage therapist license required; application fee, investigation; issuance; denial; revocation; suspension.
      A.   Massage therapists shall be licensed as provided in this section.
      B.   Applications for licenses required by this section shall be in writing in such form as required by the City Administrator.
      C.   In addition to the information required pursuant to § 6.02 hereof, the application shall require the following:
         1.   The applicant’s full name, address, social security number, written proof that the age of the applicant is at least 18 years and two recent photographs not more than six months old and at least two inches by two inches in size;
         2.   The applicant’s two previous addresses and dates of residences;
         3.   Occupation for three years preceding date of application;
         4.   Diploma or certificate of graduation from a recognized school; and
         5.   A verified statement signed by the applicant that all information contained therein is true and correct.
      D.   Each application for a license under this section shall be accompanied by a fee as specified by resolution to defray the cost of investigation and administration.
      E.   After investigation, the Council shall issue to the applicant a massage therapist license; provided that, a license may be denied to any applicant who has within the previous two years been convicted of an action for which a license could be revoked or suspended as set forth in § 6.09.
      F.   The Council may revoke or suspend a license issued under this section for any one of the following:
         1.   Violation of any provision of this section or applicable license requirements of this section;
         2.   Conviction of any crime or offense involving dishonesty, fraud, deceit or immorality; or
         3.   If the Council has reasonable grounds to believe that any licensee is infected with a contagious or communicable disease.
   Subd. 4.   Massage therapist’s regulations. Licensees shall comply with the following regulations:
      A.   The therapist shall prominently and publicly display his or her license at all times during massages.
      B.   Massages shall not be given unless patrons are wearing clothing fully covering their genitals.
      C.   Massages shall not be given to patrons who have open sores or other visible signs of communicable diseases.
      D.   The therapist shall report any change of facts regarding any information which was required in his or her license application to the City Administrator, within ten days after the change.
      E.   It is unlawful for a massage therapist to touch or massage, with his or her hands or body, a sexual or genital part of a patron or to allow to touch or massage with his or her hands or body a sexual or genital part of the therapist.
      F.   It is unlawful for a massage therapist or patron to expose his or her genital parts to any other person.
   Subd. 5.   Penalty. It is unlawful for any person to practice massage therapy for consideration, except as provided in this section. Violation of this section shall be a misdemeanor. Each day of violation shall constitute a separate offense.
      A.   Massage establishments shall be located in areas zoned by the Zoning Chapter in R-O, B-1, B-2, B-3 and I-1 districts; provided, however, that individual massage therapists may engage in business as a home occupation, as defined by § 11.30 of this City Code, in residential districts as a conditional use.
      B.   Massage therapists may practice massage therapy at hospitals, nursing homes, hospices and other health care providers, if approved by the healthcare facility.
      C.   Massage establishments which are not home occupations shall comply with all relevant local, state and federal health and building regulations which govern the design, construction, maintenance and sanitation of health spas or similar establishments.
      D.   The provisions of this section do not apply to locations where massage is practiced by persons excepted from this section under Subd. 2 of this section.
(Ord. 373, Second Series, passed 12-30-96) (`80 Code, § 6.41) Penalty, see § 1.99