§ 395.03 Definitions.
For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
Accredited Institution. An educational institution holding accredited status approved by the United States Department of Education or Minnesota Office of Higher Education.
Accredited Program. A professional massage program or educational institution accredited by the Commission on Massage Therapy Accreditation (COMTA).
Clean. The absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter.
Good Repair. Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good and sound condition.
Issuing Authority. The City Clerk or designee.
Massage Therapy or Massage. The manual manipulation of the soft tissues of the body to promote, maintain, and restore health and well-being. “Massage therapy” may use any of the following techniques: stroking; gliding; lifting; kneading; jostling; vibration; percussion; compression; friction; holding; passive stretching within the client’s physiological range of motion; movement or manipulation of the soft tissues; active assistive and resistive movement; and stretching. Methods of assessment for “massage therapy” may include a health history and intake, interview; observation of posture and movement; palpation; range of motion assessment; and with the client’s permission or if the client is a minor, the permission of the client’s legal guardian or parent, consultation with the client’s other health care providers.
Massage Therapist. An individual who practices or administers massage to the public who can demonstrate to the issuing authority that he or she:
         1.   Has current professional liability insurance coverage with at least $2,000,000 per occurrence and $6,000,000 annual aggregate, demonstrated with a certificate of insurance including the policy number;
         2.   Is affiliated with, employed by, or owns a therapeutic massage enterprise licensed by the city; and
         3.   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, accredited institution, or a program or institution licensed or verified by a state licensing board or agency 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. In the event the accredited program or accredited institution is no longer in existence, in the sole discretion of the city, a certified copy of the transcript of academic record may be accepted directly from the applicant with an affidavit stating said transcript of academic record is authentic. The transcript of academic record must be from a program or institution that was once accredited and approved by the issuing authority. The certified copy of the transcript of academic record must contain the applicant’s name, last address of the accredited institution at the time of closing, and reflect the 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 as required.
Minor. Any person under the age of 18.
Operate. To own, manage, or conduct, or to have control, charge, or custody over.
Person. Any individual, firm, association, partnership, corporation, joint venture, or combination of individuals.
Therapeutic Massage Enterprise. An entity which operates a business which hires/employs only licensed therapeutic massage therapists to provide therapeutic massage to the public. The owner/operator of a “therapeutic massage enterprise” need not be licensed as a therapeutic massage therapist if he or she does not at any time practice or administer massage to the public. A “therapeutic massage enterprise” may employ other individuals such as cosmetologists and estheticians, and these individuals are not required to have a massage therapist license as long as they are not providing therapeutic massage to the public.
Within the City. Physical presence within the city.
(Ord. 2024-01, passed 2-14-2024)