Subd. 1. Therapeutic Massage Enterprise License Application. An application for a therapeutic massage enterprise license shall be made on a form supplied by the City Clerk. Any falsification of information on the license application shall result in the denial of the license and the applicant may be subject to prosecution for forgery as defined by the state statutes. Each application shall request the following information:
1. All applicants. For all applicants:
a. Whether the applicant is an individual, corporation, partnership, or other form of organization;
b. The legal description of the premises to be licensed together with a plan of the area showing dimensions, location of buildings, street access, and parking facilities;
c. The floor number, street number, suite number(s), and rooms where the massage services are to be conducted;
d. Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid;
e. Whenever the application is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans for design are on file with the city’s Building and Inspection Department, no plans need be submitted to the issuing authority;
f. The name, street address, and suite number(s) of the business if it is to be conducted under a designation, name, or style other than the name of the applicant, and a certified copy of the certificate as required by M.S. § 333.02, as it may be amended from time to time;
g. All applications for licenses, whether enterprise or individual applications, shall be signed and sworn to. If the application is that of a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by an incorporated association, by the manager or officer thereof; if by a limited liability company (LLC), by a member thereof;
h. Whether the applicant has had an interest in, as an individual or as part of a corporation, partnership, association, enterprise, business, or firm, a massage license that was denied, revoked, or suspended within the last ten years of the date the license application is submitted to the issuing authority;
i. Such application must identify a responsible party relative to each license who shall be responsible for the conduct of the business. If the responsible party for a licensee will change, an application for the change shall be provided to the City Clerk at least 30 days prior to such change and shall be treated the same as an application for a new license. In the event that a 30-day prior notice is not feasible, a written explanation will be submitted to the City Clerk within one week of the known change documenting the reason(s) for the deviation; this is subject to approval by the Police Chief or his/her designee. Failure to file a timely application or explanation for a change in responsible party shall be grounds for revocation, suspension or non-renewal of any license;
j. Whether the applicant has ever been engaged in the operation of massage services. If so, applicant shall furnish information as to the name, place, dates, and length of time of the involvement of any and all such establishments;
k. Such other information as the City Council or issuing authority shall require; and
l. Applicant is responsible for reading and understanding the city ordinance regarding therapeutic massage and for communicating and providing interpretation when necessary to all massage therapists licensed at the enterprise to ensure compliance.
2. Individuals. For applicants who are individuals:
a. The name, place and date of birth, and street residence address of the applicant;
b. Whether the applicant has ever used or been known by a name other than the applicant’s name, and if so, the name or names and information concerning dates and places where used;
c. Whether the applicant is a citizen of the United States or a resident alien or has the legal authority to work in the United States;
d. Street addresses and dates at which the applicant has lived during the preceding ten years;
e. The type, name, location, and dates of every business or occupation the applicant has been engaged in during the preceding ten years;
f. Whether the applicant is currently licensed in other communities to perform massage therapy, and if so, where;
g. Names, addresses, contact information, and dates of the applicant’s employment for the preceding ten years;
h. Whether the applicant has ever been arrested, charged, or convicted of any felony, crime, or violation of any ordinance other than a minor traffic offense. If so, the applicant shall furnish information as to the date, time, place, and offense for which arrests, charges, or convictions were had;
i. Whether the applicant has had an interest in, as an individual or as part of a corporation, partnership, association, enterprise, business, or firm, a massage license that was revoked or suspended within the last ten years of the date the license application is submitted to the issuing authority;
j. Whether the applicant has ever been engaged in the operation of massage services. If so, applicant shall furnish information as to the name, dates, place, and length of time of the involvement in such an establishment; and
k. Such other information as the City Council or issuing authority shall require.
3. Partnerships. For the applicants that are partnerships: the names and addresses of all general and limited partners and all information concerning each general partner as is required in Subd. 1(1)(b) above. The managing partners shall be designated and the interest of each general and limited partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the application, and if the partnership is required to file a certificate as to a trade name under M.S. § 333.02, as it may be amended from time to time, a certified copy of such certificate shall be submitted. The license shall be issued in the name of the partnership.
4. Corporations and Other Organizations. For applicants that are corporations or other types of organizations:
a. The name of the organization, and if incorporated, the state of incorporation;
b. A true copy of the certificate of incorporation, and, if a foreign corporation, a certificate of authority as described in M.S. § 303.02, as it may be amended from time to time;
c. The name of the general manager, corporate officers, proprietor, and other person in charge of the premises to be licensed, and all the information about said persons as is required in Subd. 1(1)(b) above; and
d. A list of all persons who own or control an 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 Subd. 1(2) above.
Subd. 2. Massage Therapist License Application. An application for a massage therapist license shall be made on a form supplied by the City Clerk and shall request the following information:
1. The applicant’s name and current address;
2. The applicant’s current employer;
3. The applicant’s employers for the previous ten years, including the employer’s name, address, and dates of employment;
4. The applicant’s addresses and dates for the previous ten years;
5. The applicant’s date of birth, home telephone number, weight, height, color of eyes, and color of hair. A color photocopy of the applicant’s state driver’s license or state I.D. front and back, or any other government-issued I.D. If the photocopy is not acceptable to the Police Chief, the Police Department may take photographs for the file;
6. Whether the applicant has ever been arrested, charged, or convicted of any felony, crime, or violation of any ordinance other than a minor traffic offense and, if so, the time, place, date(s), and offense for which arrests, charges, or convictions were had;
7. Whether the applicant has had an interest in, as an individual or as part of a corporation, partnership, association, enterprise, business, or firm, a massage license that was denied, revoked, or suspended within the last ten years of the date the license application is submitted to the issuing authority;
8. The names, resident, and business addresses and contact information of those residents of the metropolitan area, of good moral character, not related to the applicant or financially interested in the premises of the business, who may be referred to as to the applicant’s character;
9. Whether the applicant is a U.S. citizen or resident alien or has the legal authority to work in the United States;
10. Whether the applicant has ever used or been known by a name other than the applicant’s name, and if so, the name or names and information concerning dates and places where used;
11. Whether the applicant has met the definition of a massage therapist in § 395.03;
12. Whether the applicant has ever been the subject of an investigation, public or private, criminal, or non-criminal, regarding massage therapy; and
13. Such other information as the City Council or issuing authority shall require.
(Ord. 2024-01, passed 2-14-2024)