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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCREDITED INSTITUTION. An educational institution holding accredited status from the North Central Association of Colleges and Schools (NCA) or another regional accrediting agency approved by the United States Department of Education.
ACCREDITED PROGRAM. A professional massage program accredited by the International Massage and Somatic Therapies Accreditation Council (IMSTAC), the Commission on Massage Therapy Accreditation (COMTA), or a comparable national or regional organization that evaluates program compliance with quality and competency standards through a process of periodic review and self-study.
CITY. The City of Jordan.
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.
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 city that he or she:
(1) Has current insurance coverage of $1,000,000 for professional liability in the practice of massage;
(2) Is affiliated with, employed by, or owns a therapeutic massage enterprise licensed by the city; and
(3) Has completed 400 hours of certified therapeutic massage training from a bona fide school that has been properly accredited, or has 1 year of experience practicing massage therapy as established by an affidavit and can document within 2 years of obtaining the license that he or she has completed 400 hours of certified therapeutic massage training from a bona fide school. If no such documentation can be established at the time of license renewal, the license shall not be renewed and the person who received the license based upon experience is precluded from receiving a license in the future unless the person has the requisite certified hours.
OPERATE. To own, manage, or conduct, or to have control, charge, or custody over.
PERSON. Any individual, firm, association, partnership, corporation, joint venture, or combination of individuals.
THERAPEUTIC MASSAGE ENTERPRISE. A person who operates a business which hires only licensed therapeutic massage therapists to provide massage to the public. The owner/operator of a therapeutic massage enterprise need not be licensed as a therapeutic massage therapist if he or she does not at anytime practice or administer 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 services from within the city.
(Ord. 2007-008, passed 6-4-2007)
(A) Therapeutic massage enterprise license. It shall be unlawful for any person to operate, engage in, or carry on, within the city, any type of massage services to the public for consideration without first having obtained a therapeutic massage enterprise license from the city pursuant to this chapter.
(B) Massage therapist license. It shall be unlawful for any individual to practice, administer, or provide massage services to the public for consideration within the city without first having obtained a massage therapist license from the city pursuant to this chapter.
(Ord. 2007-008, passed 6-4-2007) Penalty, see § 10.99
A therapeutic massage enterprise or therapist license is not required for the following persons and places:
(A) Persons duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, provided the massage is administered in the regular course of the medical business and not provided as part of a separate and distinct massage business;
(B) 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;
(C) Persons working solely under the direction and control of a person duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry;
(D) Places duly licensed or operating as a hospital, nursing home, hospice, sanitarium, or group home established for the hospitalization or care of human beings; and/or
(E) 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 who are performing massage services at clinics or other facilities located outside of the accredited institution must have at least 150 hours of certified therapeutic massage training at the accredited institution prior to performing the therapy outside of the institution and must be identified to the public as a student of massage therapy.
(Ord. 2007-008, passed 6-4-2007)
(A) Therapeutic massage enterprise license application. An application for a therapeutic massage enterprise license shall be made on a form supplied by the city and 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, 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 Inspector, no additional plans need be submitted;
(f) The name and street address 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;
(g) Such other information as the City Council or the city shall require.
(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 current 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 at which the applicant has lived during the preceding 5 years;
(e) The type, name, and location of every business or occupation the applicant has been engaged in during the preceding 5 years;
(f) Names and addresses of the applicant's employers for the preceding 5 years;
(g) Whether the applicant has ever been convicted of any 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 which convictions were had;
(h) Whether the applicant has ever been engaged in the operation of massage services. If so, applicant shall furnish information as to the name, place and length of time of the involvement in such an establishment.
(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 division (2) 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 M.S. § 333.02, 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;
(c) The name of the general manager, corporate officers, proprietor, and other persons in charge of the premises to be licensed, and all the information about said persons as is required in division (2) of this section;
(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 division (2) of this section.
(B) Massage therapist license application. An application for a massage therapist license shall be made on a form supplied by the city 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 5 years, including the employer's name, address and dates of employment;
(4) The applicant's addresses for the previous 5 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 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 is a U.S. citizen or resident alien or has the legal authority to work in the United States;
(8) 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;
(9) Whether the applicant has met the definition of massage therapist in § 118.03 of this code;
(10) Such other information as the City Council or the city shall require.
(Ord. 2007-008, passed 6-4-2007)
The fees for a therapeutic massage enterprise and therapist licenses, including an investigation fee, shall be as set forth in the city's fee schedule adopted by the City Council annually. Each application for a license shall be accompanied by payment in full of the required license and investigation fees, if applicable.
(Ord. 2007-008, passed 6-4-2007)
(A) Therapeutic massage enterprise license. The initial application for an enterprise license under this chapter shall be presented to the City Council for consideration after the city has verified the information on the initial license. The city 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. The City Council shall hold a public hearing prior to approving or denying the license, which public hearing shall be advertised at least 10 days prior to the scheduled date of the hearing. The City Council may accept or deny the license application after such public hearing.
(B) Massage therapist license: verification and consideration. Within a reasonable period after receipt of a completed application and fee for a massage therapist license, the city shall grant or deny the application. The city 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. Notice shall be sent by regular and certified mail to the applicant upon a denial informing the applicant of the right to appeal to the City Council within 20 days. If an appeal is properly made, the matter shall be placed on the next available City Council agenda.
(Ord. 2007-008, passed 6-4-2007)
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