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(A) Delinquent taxes. No therapeutic massage enterprise 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, 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 1 year after becoming due.
(B) Improper zoning. No therapeutic massage enterprise shall be licensed if the location of such enterprise is not in conformance with the city's Zoning Code.
(Ord. 2007-008, passed 6-4-2007)
(A) 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 have on such person at all times therapeutic massage services are rendered the photo identification card issued by the city.
(B) 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 is enlarged, altered, or extended, the licensee shall inform the city. 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 enterprise premises.
(C) 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.
(D) 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 § 118.05 of this code.
(E) 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 chapter, unless the person is specifically exempted from obtaining a therapist license in § 118.05 of this code.
(F) 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 non-transparent material or clothing.
(G) Therapist clothing requirements. Any therapist performing massage 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 massage services while under license suspension or revocation by the city.
(I) 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.
(J) Alcohol is prohibited. No beer, liquor, narcotic drug or controlled substances, as such terms are defined by state statutes or the City Code, shall be permitted on licensed premises.
(K) Locks. No doors of massage rooms, when occupied by 1 or more persons, shall be locked. All locks, if any, shall be keyed only from the exterior of the massage rooms.
(L) Discrimination. No massage therapy establishment shall discriminate between persons on the basis of race, color, creed, sex or national origin or ancestry.
(M) Non-business hours. No licensee may be open for business between the hours of 10:00 p.m. and 6:00 a.m. of any day.
(Ord. 2007-008, passed 6-4-2007) Penalty, see § 10.99
(A) Toilet room requirements. A licensed therapeutic massage enterprise 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.
(B) Paper/linen requirements. A licensed therapeutic massage enterprise 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.
(C) Washing of hands required. The massage therapist shall wash his or her hands and arms with water and soap, anti-bacterial scrubs, alcohol, or other disinfectants prior to and following each massage service performed.
(D) Inspection. All premises licensed under this section shall, during all operating hours, be open to inspection by any health or police officer to determine whether or not this section and all other laws are being observed. All persons, as a condition to being issued such license, consent to such inspections by such officers and without a warrant for searches and seizures.
(E) Inspection prohibition. Licensee and agents or employees of a licensee are prohibited from hindering or preventing a police or health officer from making such an inspection.
(F) Manager or agent. Before a license is issued under this section to an individual who is a nonresident of the city, to more than 1 individual whether or not they are residents of the city, or to a corporation, partnership, or association, the applicant or applicants shall appoint in writing a natural person as its on-premises manager or agent. Such on-premises manager or agent shall, by the terms of his or her written consent, (1) take full responsibility for the conduct of the licensed premises, and (2) serve as agent for service of notices and other process relating to the license. Such manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could qualify individually as a licensee. If such manager or agent ceases to be located at the licensed premises or ceases to act in such capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension.
(Ord. 2007-008, passed 6-4-2007)
A massage therapist license issued under this chapter shall expire on August 31 of each year. An enterprise license issued under this chapter 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 city requires. Within a reasonable period after the completion of the renewal license verification process, the city shall accept or deny the license application in accordance with this chapter. If the application for renewal is denied, the city shall notify the applicant of the determination in writing and by regular and certified 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 city's denial to the City Council. If an appeal to the City Council is timely received by the city, the hearing before the City Council shall take place within a reasonable period of receipt of the appeal by the city.
(Ord. 2007-008, passed 6-4-2007)
(A) Suspension or revocation. The City Council may suspend or revoke a license issued pursuant to this chapter 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 chapter 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, 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; and/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 8 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 and certified mail to the licensee at the most recent address listed on the license application.
(C) Practicing without a valid license. Practicing therapeutic massage either as a massage therapist or operating a therapeutic massage enterprise without the appropriate license shall be a misdemeanor.
(Ord. 2007-008, passed 6-4-2007)
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