Subd. 1. Posting of License. A therapeutic massage enterprise license issued must be posted in a conspicuous place on the premises for which it is used. A person licensed as a massage therapist shall also post their massage therapist license, with color photo, in a conspicuous place on the premises at which the therapist is associated. A person licensed as a massage therapist shall have it readily available at all times where therapeutic massage services are rendered, and the photo identification as noted in subsection 395.08, Subd. 2(2).
Subd. 2. Licensed Premises. A therapeutic massage enterprise license is only effective for the compact and contiguous space specified in the approved license application. If the licensed premises are enlarged, altered, or extended, the licensee shall inform the City Clerk within ten business days. A massage therapist license shall entitle the licensed therapist to perform on-site massage at the therapeutic massage enterprise they are licensed for, the place of residence of the licensed massage therapist or client, or at an office, business, park, or institution excluding hotel and motel guest rooms. It shall be the continuing duty of each licensee to properly notify the City Clerk, within ten business days, of any change in the information or facts required to be furnished on the application for license and failure to comply with this section shall constitute cause for revocation or suspension of such license. All therapeutic massage must be performed within a building with a valid certificate of occupancy and not in or upon any vacant lot, lot, motor vehicle, trailer, tent, or railroad car, including, but not limited to, structures not meant for human habitation.
Subd. 3. Transfer of License Prohibited. The license issued is for the person or the premises named on the approved license application. No transfer of a license shall be permitted from place to place or from person to person without complying with the requirements of an original application.
Subd. 4. Affiliation with Enterprise Required. A massage therapist shall be employed by, affiliated with, or own a massage enterprise business licensed by the city, unless a person or place is specifically exempted from obtaining a therapeutic massage enterprise license in subsection 395.05 of this Code.
Subd. 5. Employment of Unlicensed Massage Therapists Prohibited. No therapeutic massage enterprise shall employ or use any person to perform massage who is not licensed as a therapeutic massage therapist under this subsection, unless the person is specifically exempted from obtaining a therapist license in subsection 395.05 this Code.
Subd. 6. Effect of License Suspension or Revocation. No licensee shall solicit business or offer to perform massage services while under license suspension or revocation by the city.
Subd. 7. Massage of Certain Body Parts Prohibited. At no time shall the massage therapist intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva, or vaginal area of a person.
Subd. 8. Restrictions Regarding Hours of Operation. No therapeutic massage enterprise shall be open for business, nor will any therapeutic massage therapist offer massage services, before 6:00 a.m. or after 9:00 p.m. any day of the week. No customers or patrons shall be allowed to remain upon the licensed premises after 9:00 p.m. and before 6:00 a.m. daily. Support activities such as cleaning, maintenance and bookkeeping are allowed outside of business hours.
Subd. 9. Proof of Local Residency Required.
1. In the case of a therapeutic massage enterprise, the licensee, managing partner, or manager of the licensed premise must show proof of residency within 150 miles of the city.
2. In the case of therapeutic massage therapists, the licensee must show proof of residing within 150 miles of the city.
Subd. 10. Inspections. In light of the high risk of involvement with illegal conduct an establishment providing illicit massage therapy poses to the general public, the issuing authority, environmental health department or designee, and/or the city Police Department shall have the right to enter, inspect, and search the licensed premises during the hours in which the licensed premises is open for business to ensure compliance with all provisions of this section. Any search of the licensed premises is subject to reasonableness standards as recognized by the courts; search warrants will be secured when applicable. Any entry into a private residence will require either consent, exigent circumstances, or a search warrant. Licenses shall be granted only to establishments which can meet the safety and sanitary requirements of the city and of the building code regulations of the city and state.
Subd. 11. Illegal Activities. In addition to the license restrictions set forth in this section, any advertising, marketing, audio, or visual recordings by a licensee or representative of licensee of any potential unlawful, misleading, sexually explicit, obscene, or erotic conduct at the licensed establishment shall be prohibited. A licensee or representative of licensee shall obtain voluntary signed consent from a patient who agrees with being audio or visually recorded for the purposes of advertisement or marketing for the establishment so long as the licensee and establishment conform with state laws and said ordinance requirements. All audio or visual recordings other than for the purposes of advertising and marketing are prohibited. A licensee under this chapter shall be strictly responsible for the conduct of the business being operated in compliance with all applicable laws and ordinances, including the actions of any employee or agent of the licensee on the licensed premises. No audio or visual recording is allowed at any time.
Subd. 12. Restrictions Involving Minors. No person under the age of 18 shall be permitted at any time to be in an area where massages are performed as a customer, guest, or employee, unless accompanied by or with the written permission of his/her parent or guardian.
Subd. 13. Habitation. Massage enterprises that are not home based shall not contain nor allow the use by any person of sleeping quarters or living spaces of any kind intended for habitation, including, but not limited to, beds, cots, or mattresses. Home-based enterprises shall not contain nor allow the use by any person of sleeping quarters or living spaces of any kind intended for habitation, including, but not limited to, beds, cots, or mattresses in any area where massage is performed.
Subd. 14. Intoxicating Alcoholic Beverages. Per M.S. § 340A.401, as it may be amended from time to time, no person may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession beverages onsite. Intoxicating alcoholic beverages does not include alcohol used in direct conjunction with massage therapy such as in cleaning.
(Ord. 2024-01, passed 2-14-2024)