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(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)
A
license issued under this Division K shall expire on the first anniversary of issuance of the license. An enterprise license issued under this Division K shall expire on August 31 of each year. An application for the renewal of an existing license shall be made at least 30 days prior to the expiration date of the license and shall be made in such form as the
requires. Within a reasonable period after the completion of the renewal license verification process, the
shall accept or deny the license application in accordance with this Division K. If the application is denied, the
shall notify the applicant of the determination in writing and by regular mail to the address provided on the application form. The notice shall inform the applicant of the right, within 20 days after receipt of the notice by the applicant, to request an appeal of the
denial 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, § 169.05) (Ord. 226, passed 3-7-1960; Ord. 73-71, passed 10-15-1973; Ord. 80-55, passed 12-15-1980; Ord. 87-77, passed 10-16-1987; Ord. 93-22, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2008-15, passed 5-5-2008)
(a) Suspension or revocation. The City Council may suspend or revoke a license issued pursuant to this Division K for a violation of:
(1) Fraud, misrepresentation or false statement contained in a license application or a renewal application;
(2) Fraud, misrepresentation or false statement made in the course of carrying on the licensed occupation or business;
(3) Any violation of this Division K or state law;
(4) A licensee’s criminal conviction that is directly related to the occupation or business licensed as defined by M.S. § 364.03, subd. 2, as it may be amended from time to time, provided that the licensee cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation or business as defined by M.S. § 364.03, subd. 3, as it may be amended from time to time; or
(5) Conducting the licensed business or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the community.
(b) Notice and hearing. A revocation or suspension by the City Council shall be preceded by written notice to the licensee and a hearing. The notice shall give at least eight days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application.
(c) Effect of suspension by Council. If a
, or
license holder has his or her license suspended by the City Council, the license holder may continue his or her licensed activities after the suspension period concludes. The license holder is eligible for renewal of his or her license after the suspension period is served.
(1958 Code, § 169.06) (Ord. 226, passed 3-7-1960; Ord. 86-38, passed 6-23-1986; Ord. 93-22, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2008-15, passed 5-5-2008; Ord. 2010-8, passed 4-12-2010)
(a) License conditions. The
shall issue a temporary
license to the following individuals who can demonstrate to the
that he or she:
(1) Has current insurance coverage of $1,000,000 for professional liability in the practice of
; and
(2) Has completed 400 hours of certified therapeutic
training from an
or
that has been approved by the
.
(b) Duration and limit of license. A temporary therapist license shall be effective for a maximum of four days, and a therapist shall not be issued more than three temporary licenses during a 12-month period.
(c) License application and fee. A temporary therapist license shall be issued only upon receipt of the fee for a therapeutic
license as set forth in City Code Appendix A, and a complete license application, which shall be submitted at least seven days prior to requested effective date of the temporary license. The temporary license application 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 five years, including the employer’s name, address and dates of employment;
(4) The applicant’s addresses for the previous five years;
(5) The applicant’s date of birth, home telephone number, weight, height, color of eyes and color of hair;
(6) Whether the applicant has ever been convicted of any felony, crime or violation of any ordinance other than a minor traffic offense and, if so, the time, place and offense for which convictions were had;
(7) Whether the applicant has had an interest in, individually or as part of a corporation, partnership, association, enterprise, business or firm, a
license revoked or suspended within the last five years of the date the license application is submitted to the
;
(8) Whether the applicant is a United States citizen or resident alien, or has the legal authority to work in the United States; and
(9) 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.
(d) License verification and consideration. 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. Within seven days of receipt of a complete application and fee the
shall grant or deny the application. An applicant who is denied a license by the
shall be granted a right to appeal to the City Council.
(e)
ineligible for license. No temporary
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 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 does not have the legal authority to work in the United States;
(5) Is not of good moral character or repute; or
(6) Has knowingly misrepresented or falsified information on the license application.
(1958 Code, § 169.07) (Ord. 226, passed 3-7-1960; Ord. 65-56, passed 8-23-1965; Ord. 78-61, passed 9-25-1978; Ord. 86-38, passed 6-23-1986; Ord. 93-22, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; Ord. 98-7, passed 3-2-1998; Ord. 2010-8, passed 4-12-2010; Ord. 2021-39, passed 11-29-2021)
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