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The fees for a
and therapist licenses shall be as set forth in City Code Appendix A. An investigation fee as set forth in City Code Appendix A shall be charged for
licenses. Each application for a license shall be accompanied by payment in full of the required license and investigation fees, if applicable.
(1958 Code, § 150.27) (Ord. 112, passed 9-16-1947; Ord. 137, passed 12-7-1948; Ord. 148, passed 8-15-1950; repealed and new Division added by Ord. 171, passed 12-4-1951; Ord. 75-3, passed 1-13-1975, renumbered to § 150.25; Ord. 80-55, passed 12-15-1980; Ord. 90-13, passed 3-26-1990; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2021-39, passed 11-29-2021)
(a) Verification. Applications for licenses and registrations under this Division K shall be submitted to the . The is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant.
(b) Consideration. Within a reasonable period of time after the completion of the license or registration verification process by the , the shall accept or deny the license or registration application in accordance with this Division K. If the application is denied, the shall notify the applicant of the determination in writing. The notice shall be mailed by regular mail to the applicant at the address provided in the application and it shall inform the applicant of the applicant's right, within 20 days after receipt of the notice by the applicant to request an appeal of the issuing authority's determination to the City Council. If an appeal to the City Council is timely received by the , the hearing before the City Council shall take place within a reasonable period of receipt of the appeal by the .
(1958 Code, § 150.28) (Ord. 112, passed 9-16-1947; Ord. 137, passed 12-7-1948; Ord. 148, passed 8-15-1950; repealed and new Division added by Ord. 171, passed 12-4-1951; Ord. 75-3, passed 1-13-1975, renumbered to § 150.26; Ord. 90-13, passed 3-26-1990; recodified by Ord. 95-13, passed 8-7-1995; Ord. 98-7, passed 3-2-1998; Ord. 2008-15, passed 5-5-2008; Ord. 2023-10, passed 5-1-2023)
(a)
license. No
license shall be issued to a
who:
(1) Is not 18 years of age or older at the time the application is submitted to the
;
(2) Has been convicted of any crime directly related to the occupation licensed as prescribed by M.S. § 364.03, subd. 2, as it may be amended from time to time, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by M.S. § 364.03, subd. 3, as it may be amended from time to time;
(3) Has had an interest in, as an individual or as part of a corporation, partnership, association, enterprise, business or firm, a
license that was revoked or suspended within the last five years of the date the license application is submitted to the
;
(4) Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States;
(5) Is not of good moral character or repute;
(6) Is not the real party in interest of the enterprise;
(7) Has knowingly misrepresented or falsified information on the license application;
(8) Cannot meet the definition of
in § 14.261 of this code;
(9) Owes taxes or assessments to the state, county, school district or city that are due and delinquent; or
(10) Is the spouse of a
whose
-related license has been suspended or revoked in the past five years.
(b)
license. No
license shall be issued to a
who:
(1) Is not 18 years of age or older at the time the application is submitted to the
;
(2) Has been convicted of any crime directly related to the occupation licensed as prescribed by M.S. § 364.03, subd. 2, as it may be amended from time to time, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by M.S. § 364.03, subd. 3, as it may be amended from time to time;
(3) Whether the applicant has had an interest in, individually or as part of a corporation, partnership, association, enterprise, business or firm, a
license that was revoked or suspended within the last five years of the date the license application is submitted to the
;
(4) Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States;
(5) Is not of good moral character or repute;
(6) Has knowingly misrepresented or falsified information on the license application;
(7) Is not affiliated with, employed by, or does not own a
licensed by the city; or
(8) Cannot meet the definition of
in § 14.261 of this code.
(1958 Code, § 169.01) (Ord. 226, passed 3-7-1960; Ord. 74-119, passed 11-18-1974; Ord. 93-22, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; amended by Ord. 2010-8, passed 4-12-2010)
(a) Delinquent taxes. No
shall be licensed if such enterprise is located on property on which taxes, assessments or other financial claims to the state, county, school district or city are due and delinquent. In the event a suit has been commenced under M.S. §§ 278.01 through 278.13, as they may be amended from time to time, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due.
(b) Improper zoning. No
shall be licensed if the location of such enterprise is not in conformance with Chapter 21 of this code unless such enterprise is a legal, nonconforming use.
(1958 Code, § 169.02) (Ord. 226, passed 3-7-1960; Ord. 74-119, passed 11-18-1974; Ord. 80-55, passed 12-15-1980; Ord. 81-58, passed 11-23-1981; Ord. 86-38, passed 6-23-1986; Ord. 93-22, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2010-1, passed 1-4-2010; Ord. 2024-28, passed 11-18-2024)
(a) Posting of license. A
license issued must be posted in a conspicuous place on the premises for which it is used. A
licensed as a
shall also post their
license, with color photo, in a conspicuous place on the premises at which the therapist is associated. A
licensed as a
shall have on such
at all times therapeutic
services are rendered the photo identification card issued by the
. The photo identification card issued by the
must be presented to each client when providing
off-site.
(b) Licensed premises. A
license is only effective for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered or extended, the licensee shall inform the
. A
license shall entitle the licensed therapist to perform on-site
at a business, public gathering, private home or other site not on the
premises.
(c) Transfer of license prohibited. The license issued is for the
or the premises named on the approved license application. No transfer of a license shall be permitted from place to place or from
to
without complying with the requirements of an original application.
(d) Affiliation with enterprise required. A
shall be employed by, affiliated with or own a
enterprise business licensed by the city, unless a
or place is specifically exempted from obtaining a
license in § 14.263 of this code.
(e) Employment of unlicensed
prohibited. No
shall employ or use any
to perform
who is not licensed as a therapeutic
under this Division, unless the
is specifically exempted from obtaining a therapist license in § 14.263 of this code.
(f) Coverage of genitals during
. The licensee shall require that the
who is receiving the
shall at all times have his or her genitals covered with non-transparent material or clothing.
(g) Therapist clothing requirements. Any therapist performing
shall at all times have his or her breasts, buttocks, anus and genitals covered with a non-transparent material or clothing.
(h) Effect of license suspension or revocation. No licensee shall solicit business or offer to perform
services while under license suspension or revocation by the city.
(i)
of certain body parts prohibited. At no time shall the
intentionally
or offer to
the penis, scrotum, mons veneris, vulva or vaginal area of a
.
(j) Restrictions regarding hours of operation. No
shall be open for business, nor will any therapeutic
offer
services, before 8:00 a.m. nor after 10:00 p.m. any day of the week.
(k) Proof of local residency required. In the case of a
, the licensee, managing partner or manager of the licensed premises must show proof of residency in one of the following counties: Anoka, Carver, Dakota, Goodhue, Hennepin, Ramsey, Rice, Scott, Washington, Wright in Minnesota, and St. Croix or Pierce in Wisconsin. In the case of therapeutic
, the licensee must show proof of residing in one of the following counties: Anoka, Carver, Dakota, Goodhue, Hennepin, Ramsey, Rice, Scott, Washington, Wright in Minnesota, and St. Croix or Pierce in Wisconsin.
(l) Inspections. In light of the high risk of involvement with illegal conduct an establishment providing
therapy poses to the general public, the
, Environmental Health Department or designee, and/or the City Police Department shall have the right to enter, inspect and search the licensed premises without a search and seizure warrant during the hours in which the licensed premises is open for business. The business records of the licensee, including income tax returns, shall be available for inspection during the hours in which the licensed premises is open for business. The licensee is subject to a fee as set forth in City Code Appendix A for a third inspection, if orders to correct are issued to the licensee and those orders are not corrected upon re-inspection.
(m) Posting of rates. All
enterprise businesses must post their rates for service in a prominent place in the entrance or lobby of the business.
(n) Illegal activities. A licensee under this Article IV 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.
(1958 Code, § 169.03) (Ord. 226, passed 3-7-1960; Ord. 74-119, passed 11-18-1974; Ord. 80-55, passed 12-15-1980; Ord. 86-38, passed 6-23-1986; Ord. 93-22, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2010-8, passed 4-12-2010; Ord. 2021-39, passed 11-29-2021)
(a) Toilet room requirements. A licensed
shall be equipped with adequate and conveniently located toilet rooms for the accommodation of its employees and patrons. The toilet room shall be well ventilated by natural or mechanical methods and be enclosed with a door. The toilet room shall be kept
and in
and shall be adequately lighted.
(b) Paper/linen requirements. A licensed
shall provide single-service disposal paper or
linens to cover the table, chair, furniture or area on which the patron receives the
; or in the alternative, if the table, chair or furniture on which the patron receives the
is made of material impervious to moisture, such table, chair or furniture shall be properly sanitized after each
.
(c) Washing of hands required. The
shall wash his or her hands and arms with water and soap, anti-bacterial scrubs, alcohol or other disinfectants prior to and following each
service performed.
(d) Plan review. Any new or remodeled
must submit for approval by the Environmental Health Division a to-scale facilities plan in sufficient detail to ascertain compliance with conditions in this ordinance and pay the corresponding plan review fee listed in City Code Appendix A.
(e) Construction inspections. The
must be constructed in conformance with the approved plans. The Building and Inspection Division will not issue a building permit for a new
or remodeling or alteration permit for an existing facility until such plans have the approval of the Environmental Health Division. The Environmental Health Division will inspect the
as frequently as necessary during the construction to ensure that the construction occurs in conformance with this division K of the city code. The Environmental Health Division will conduct a final construction inspection prior to the start of operations and issuance of a license.
(1958 Code, § 169.04) (Ord. 226, passed 3-7-1960; Ord. 66-64, passed 11-28-1966; Ord. 68-64, passed 8-5-1968; Ord. 74-119, passed 11-18-1974; Ord. 75-63, passed 12-8-1975; Ord. 76-59, passed 12-6-1976; Ord. 81-58, passed 11-23-1981; Ord. 82-38, passed 9-27-1982; Ord. 87-77, passed 10-16-1987; Ord. 93-22, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2014-18, passed 12-1-2014; Ord. 2021-39, passed 11-29-2021)
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