A. Purpose: The purpose of this chapter is to prohibit the operation of massage businesses and the offering of massage services to the public except by those licensed as therapeutic massage businesses and massage therapists pursuant to this section. The licensing regulations prescribed herein are necessary in order to protect businesses that are operating legitimate businesses, to prevent criminal activity and to protect the health and welfare of the community. The purpose of this section is not to impose restrictions or limitations on the freedom of protected speech or expression.
B. Findings Of The City Council: The city council makes the following findings regarding the need to license therapeutic massage businesses and massage therapists and to prohibit all other types of massage businesses and services to the public:
1. Persons who have bona fide and standardized training in therapeutic massage, health, and hygiene can provide a legitimate and necessary service to the general public.
2. Health and sanitation regulations governing therapeutic massage businesses and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation.
3. Establishing license qualifications for therapeutic massage businesses and therapists can minimize the risk that such businesses and persons will facilitate prostitution and other criminal activity in the community.
4. Massage businesses which employ persons with no specialized and standardized training can tax law enforcement services because such businesses are more likely to be operated as fronts for prostitution and other criminal activity than operations established by persons with standardized training.
5. The training of professional massage therapists at accredited institutions is an important means of ensuring the fullest measure of protecting the public health, safety, and welfare.
C. Definitions: The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise:
ACCREDITED INSTITUTION: An educational institution holding accredited status with the United States department of education or Minnesota office of higher education.
ACCREDITED PROGRAM: A professional massage program 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 council.
MASSAGE: Any method of pressure on, or friction against, or the rubbing, stroking, kneading, tapping, pounding, vibrating, stimulating, or rolling of the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations.
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 insurance coverage of one million dollars ($1,000,000.00) for professional liability in the practice of massage;
2. Is affiliated with, employed by, or owns a therapeutic massage business licensed by the city; and
3. Provides proof that the applicant has met the academic requirements of the issuing authority by providing both of the following:
a. A certified copy of a transcript of academic record from an accredited program or accredited institution that has been approved by the issuing authority; and
b. A copy of the diploma or certificate of graduation from an accredited program or accredited institution that has been approved by the issuing authority. The accredited program or accredited institution must confirm that the applicant has successfully completed at least five hundred (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 the same accredited program or accredited institution.
4. In lieu of the academic requirement in subsection 3 of this definition, the applicant may provide proof of passage of the national certification exam offered by the National Certification Board For Therapeutic Massage And Bodywork and a minimum of seven (7) years of full time work experience as a massage therapist within the United States. The applicant is still required to provide proof of subsections 1 and 2 of this definition.
OPERATE: To own, manage, or conduct, or to have control, charge, or custody over.
PERSON: Any individual, firm, entity, association, partnership, corporation, joint venture, or combination of individuals.
THERAPEUTIC MASSAGE BUSINESS: An entity which operates a business which hires only massage therapists licensed by the city to provide therapeutic massage to the public. The owner/operator of a therapeutic massage business 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 business 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: Includes physical presence as well as telephone referrals such as phone-a-massage operations in which the business premises, although not physically located within the city, serves as a point of assignment of employees who respond to requests for the provision of massage services to various locations within the city.
D. License Required:
1. Therapeutic Massage Business License: It shall be unlawful for any person or entity to own, operate, engage in, or carry on, within the city, any type of massage services to the public for compensation without first having obtained a therapeutic massage business license from the city pursuant to this section.
2. Massage Therapist License: It shall be unlawful for any individual to practice, administer, or provide massage services to the public for compensation within the city without first having obtained a personal massage therapist license from the city pursuant to this section.
3. License Transfers. No license may be transferred to another person or entity. Where the ownership of an entity holding a massage business license changes following the issuance of a massage business license, the new owners of the entity must apply for a new massage business license for the business.
4. License Term: Licenses shall be issued for a period of one year beginning on May 1st, except that if a portion of the year has elapsed when application for a license is made, a license may be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one month. All licenses shall expire on April 30th of each year.
E. Exceptions: A therapeutic massage business or massage therapist license is not required for the following persons and places:
1. Persons duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, provided the massage is administered by the individual in the regular course of the medical business and not provided as part of a separate and distinct massage business.
2. Persons duly licensed by this state as beauty culturists or barbers, provided such persons do not hold themselves out as giving massage treatments and provided the massage by beauty culturists is limited to the head, hand, neck, and feet and the massage by barbers is limited to the head and neck.
3. Persons hired or employed by a person duly licensed by this state pursuant to Minnesota statutes chapters 147, 148, or a dental professional licensed under chapter 150A. Such persons shall only be authorized to provide massage services on the business premises of the employer.
4. Places duly licensed or operating as a hospital, nursing home, hospice, sanatorium, or group home established for the hospitalization or care of human beings.
5. Students of an accredited institution who are performing massage services in the course of a clinical component of an accredited program of study, provided that the students are performing the massage services at the location of the accredited institution and provided the students are identified to the public as students of massage therapy. Students of an accredited institution may perform massage services at clinics or other facilities located outside of the accredited institution provided that they have at least one hundred fifty (150) hours of certified therapeutic massage training at the accredited institution prior to performing the therapy outside of the institution, have proof of liability insurance, and are identified to the public as a student of massage therapy.
6. Persons or organizations providing temporary massage services such as "chair massages" provided the following requirements are met:
a. The massage is provided in a place of business where the massage can easily be seen by any employee or visitor on the premises;
b. The location does not hold a license to sell alcoholic beverages;
c. Massages are offered at the location no more than ten (10) days per calendar year;
d. Each recipient of a massage remains in an upright position, either sitting or standing; and
e. Each recipient of a massage remains in the normal daytime attire worn when entering the business and does not remove any clothing except outerwear such as a coat or jacket.
F. License Application: All applicants shall complete and submit the requisite license application form provided by the city and provide all information required therein, as well as comply with providing the following information:
1. Therapeutic Massage Business License Application: An application for a therapeutic massage business license shall be made on a form supplied by the city clerk and shall request the following information:
a. All Applicants: For all applicants:
(1) 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.
(2) The floor number, street number, suite number(s) and rooms where the massage services are to be conducted.
(3) 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.
(4) All applications for licenses, whether business or individual applications, shall be signed and notarized. If the application is that of a natural person, it shall be signed and notarized 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. Any falsification of information on the license application shall result in the denial, suspension or revocation of the license.
(5) Whether the applicant has had an interest, as an individual or as part of a corporation, partnership, association, enterprise, business firm, or any other entity, in a massage therapist or massage business license that was denied, recommended for denial, revoked, suspended, or not renewed by the issuing authority within the last ten (10) years from the date the license application is submitted to the City.
(6) Such other information as city staff or the city council shall require.
(7) Proof of residency of the managing partner or manager of the massage business within one hundred fifty (150) miles from the location of the business premises.
b. Individuals: For applicants who are individuals:
(1) Proof of 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.
(2) Whether the applicant is currently licensed in other communities to perform massage therapy, and if so, where.
(3) Names and addresses and contact information including phone numbers and e-mail addresses of the applicant's employers for the preceding five (5) years and dates for such employment.
(4) Whether the applicant has ever been 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 time, place and offense for each conviction.
(5) Whether the applicant has ever been engaged in the operation of a massage business. If so, applicant shall furnish information as to the name, place and length of time of the involvement in such an establishment.
c. Partnerships: For 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 subsection F1b of this section. 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 Minnesota statutes section 333.02, a certified copy of such certificate shall be submitted. The license shall be issued in the name of the partnership.
d. Corporations And Other Organizations Or Entities: For applicants that are corporations or other types of organizations:
(1) The name of the organization, and if incorporated, the state of incorporation.
(2) A true copy of the certificate of incorporation, and, if a foreign corporation, a certificate of authority as described in Minnesota statutes section 303.02.
(3) 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 subsection F1b of this section.
(4) 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 subsection F1b of this section.
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:
a. The applicant's home telephone and cellphone number.
b. The applicant's physical description, including weight, height, color of eyes, and color of hair. The applicant shall provide a color photocopy of the applicant's driver's license or state issued ID front and back, or any other government issued ID.
c. 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 each conviction.
d. Whether the applicant has had an interest in, as an individual or as part of a corporation, partnership, association, enterprise, entity, business or firm, a massage license that was revoked or suspended within the last five (5) years of the date the license application is submitted to the issuing authority.
e. Three (3) names, residential and business addresses, and current contact information, including a phone number, for three (3) residents within 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 attest to the applicant's character.
f. Proof of whether the applicant is a U.S. citizen or resident alien or has the legal authority to work in the United States.
g. Proof that the applicant has met the definition of a massage therapist in this chapter.
h. Whether the applicant is currently licensed in other communities to perform massage therapy, and if so, where.
i. Whether the applicant has ever been engaged in the operation of massage services, and if so, information as to the name, place, dates and length of time of the involvement in such an establishment.
j. Such other information as the city council shall require.
k. Proof of residency within one hundred fifty (150) miles from the business premises where the massage therapist will be providing therapeutic massage services.
G. License Fee: The fees for therapeutic massage business and massage therapist licenses shall be as set forth by city council resolution. An investigation fee shall be charged for therapeutic massage business licenses and individual massage therapist license. Each application for a license shall be accompanied by payment in full of the required license and investigation fees. An application shall be deemed incomplete unless it is accompanied with the required fees, all documentation required by this chapter, and is completed in its entirety.
H. License Application Investigation: An investigation is required prior to the issuance of any license. No investigation fee in part or whole shall be refunded. Out of state investigations shall require the applicant to pay actual out of pocket expenses. A deposit for an out of state investigation shall be required in advance, pursuant to city council resolution and the applicant shall be refunded any unused deposit upon completion of the investigation. The city council may order and conduct such additional investigation as it deems necessary. Upon completion of the investigation by the police department, the council shall approve or deny the license.
I. Inspections: In light of the high risk of involvement with illegal conduct an establishment providing massage therapy poses to the general public, city staff and/or the 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 chapter. At any time when the licensed premises is open for business, if any exterior doors are locked, the license holder shall unlock such door upon request of city staff/the police department to enter the licensed premises in order to ensure compliance with the provisions of this chapter. 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 consent, exigent circumstances, or a search warrant.
J. Denial, Suspension Or Revocation: In addition to the grounds found elsewhere in this code, the following reasons may be grounds for the denial, suspension, or revocation of an individual license or business license:
1. The applicant has been convicted of criminal prostitution, similar sex offenses, or other crimes directly related to the offering of massage therapy services or the running of a therapeutic massage business.
2. The applicant is a partnership, corporation, or other entity which has in its employ or is owned by any persons convicted of criminal prostitution, similar sex offenses, or other crimes directly related to the offering of massage therapy services or the running of a therapeutic massage business.
3. The owner, manager, lessee or any of the employees are found to be in control or possession of any alcoholic beverages, narcotic drugs or controlled substances, as defined by state statutes, on the premises.
4. If the holder of a business license fails to maintain with the issuing authority a current list of all employees of such licensed premises. The list shall include all massage therapists licensed under this chapter.
5. A material variance in the actual plan and design of the premises from the plans submitted.
6. There is any fraud, deception, or misstatement on the license application.
7. The owner, manager, lessee, or their employees or any massage therapist, are convicted of any ordinance violation or crime occurring on the licensed premises.
8. The licensed premises are not located in an approved zoning district or otherwise do not meet the health and safety standards found within this code for the licensed premises.
9. The applicant is delinquent upon its payment to the city of taxes, fines, or penalties assessed or imposed against the applicant.
10. The licensed activity is conducted in such a manner as to constitute a breach of the peace, a menace to the health, safety, or welfare of the public, or a disturbance of the peace or comfort of the residents of the city, upon recommendation of the police chief or an appropriate city official.
11. The licensee fails to continuously comply with all conditions required as precedent to approval of the license.
12. Based on the findings of a background investigation, granting a license would be a menace to the safety, health, morals, or welfare of the public.
13. The applicant or licensee is not of good moral character.
14. The applicant has had an interest in, as an individual or as part of a partnership, corporation, or other entity, a massage business or individual massage therapist license that was denied, revoked, suspended, recommended for denial, or not renewed by the issuing authority within ten (10) years from the date the license application was submitted to the City.
15. An applicant for or holder of a massage therapist license does not reside within one hundred and fifty (150) miles from the business premises where the massage therapist will be providing or provides therapeutic massage services.
16. An applicant for or holder of a therapeutic massage business license does not have a managing partner or manager of the massage business who resides within one hundred and fifty (150) miles from the location of the business premises.
17. An applicant for or holder of a therapeutic massage business license or their employees or agents refuse to allow an inspection of the massage business premises as authorized by this chapter.
K. License Restrictions:
1. Posting Of License:
a. Business License: A therapeutic massage business license issued must be posted in a conspicuous place on the premises for which it is used.
b. Personal Massage Therapist License: A person licensed as a massage therapist shall post the massage therapist license, along with a color photo, in a conspicuous place on the premises at which the therapist is associated. A massage therapist shall have readily available at all times that therapeutic massage services are rendered a government issued photo identification card.
2. Licensed Premises:
a. Business License: A therapeutic massage business license is only effective for the compact and contiguous space specified in the approved license application. If, following issuance of the license, the licensed premises is enlarged, altered, or extended, the licensee shall inform the city clerk of the same within ten (10) business days of the enlargement, alteration, or extension. The licensee shall meet with designated city staff who shall confirm that the enlarged, altered, or expanded space is in full compliance with all city regulations, including the building code. If the enlarged, altered, or expanded space is in full compliance with all city regulations, the business license shall be amended to encompass the larger space.
b. Massage Therapist License: A massage therapist license shall entitle the licensed therapist to perform on site massage at a business, public gathering, private home, or other site not on the therapeutic massage business premises. It shall be the continuing duty of each licensee to notify the city clerk, within ten (10) 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.
c. Affiliation With Business Required: A massage therapist shall be employed by, affiliated with, or own a massage business licensed by the city, unless a person or place is specifically exempted from obtaining a therapeutic massage business license pursuant to this section.
d. Employment Of Unlicensed Massage Therapists Prohibited: No therapeutic massage business shall employ or use any person to perform massage who is not licensed as a massage therapist under this section, unless the person is specifically exempted from obtaining a therapist license pursuant to this section.
e. Coverage Of Genitals During Massage: The licensee shall require that the person who is receiving the massage shall at all times have his or her genitals covered with nontransparent material or clothing.
f. Therapist Dress Requirements: Any therapist performing massage shall at all times be dressed professionally.
g. 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, breasts, or vaginal area of a person.
h. Restrictions Regarding Hours Of Operation: No therapeutic massage business shall be open for business, nor will any therapeutic massage therapist offer massage services, before eight o'clock (8:00) A.M. or after ten o'clock (10:00) P.M. any day of the week. No customers or patrons shall be allowed to remain upon the licensed premises after ten thirty o'clock (10:30) P.M. and before eight o'clock (8:00) A.M. daily. Support activities such as cleaning, maintenance and bookkeeping are allowed outside of business hours.
i. Illegal Activities: In addition to the license restrictions set forth in this chapter, any advertising by a licensee of any potential unlawful or erotic conduct at the licensed establishment or by a licensed massage therapist shall be 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.
j. Restrictions Involving Minors: No person under the age of eighteen (18) shall be permitted to obtain massage services at a massage business unless accompanied by his/her parent or guardian.
k. Restrictions on Habitation. The premises of a licensed massage business, other than a massage business legally conducted as a home occupation, shall not contain sleeping quarters or living spaces of any kind intended for habitation. In all massage businesses, including massage businesses legally conducted as a home occupation. no beds, cots, futons or mattresses shall be located in any area where massage services are provided.
l. Restrictions on Window Covering. The exterior windows of a premises where a massage business is located must not be one hundred percent (100%) opaque during hours that the licensed premises is open for business, except for windows in massage rooms and restrooms.
m. Equipment. All therapeutic massage services shall be provided on a raised massage therapy table or chair or on a mat similar to those used in yoga.
n. Posting of Rates and Licenses. Massage businesses shall post rates for all massage services offered at the business as well as the massage business license in a prominent location on the business premises.
o. Compliance with Building and Fire Codes. Massage business premises shall comply with all applicable fire and building code requirements.
L. Restrictions Regarding Sanitation, Health And Safety:
1. Toilet Room Requirements: A licensed therapeutic massage business 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 clean and in good repair and shall be adequately lighted.
2. Paper/Linen Requirements: A licensed therapeutic massage business shall provide single service disposal paper or clean linens to cover the table, chair, furniture, or area on which the patron receives the massage; or in the alternative, if the table, chair, or furniture on which the patron receives the massage is made of material impervious to moisture, such table, chair, or furniture shall be properly sanitized after each massage.
3. Washing Of Hands Required: The licensed business premises shall contain an on site sink. The massage therapist shall wash his or her hands and arms with water and soap, antibacterial scrubs, alcohol, or other disinfectants prior to and following each massage service performed.
4. Door Latches And Locks: The front door of any massage business and the doors to individual rooms where massage services are provided shall remain unlocked during all hours of operation, except that interior and exterior doors may remain locked when the business is open if the only persons at the business are a single massage therapist providing massage services and customers receiving massages, and the door is able to be opened without a key from the inside by way of a crash bar or other opening mechanism that allows anyone to open the door without a key from the inside of the room where the door is located. (Ord. 1293, 5-26-2015; amd. Ord. 1378, 2-10-2020; Ord. 1409, 4-26-2021)