A. Findings; Policy: Massage therapy centers are subject to abuses which are contrary to the morals, health, safety and general welfare of the community. Control of these abuses requires intensive efforts of the police department, as well as other departments of the city. These efforts exceed those required to control and regulate other business activities licensed by the city. This concentrated use of city services tends to detract from and reduce the level of service available to the rest of the community and thereby diminishes the ability of the city to promote the general health, welfare, morals and safety of the community.
B. General Rule: No person shall operate a massage therapy center, either exclusively or in connection with any other business, without being licensed as provided in this chapter.
C. Exceptions: License exceptions:
1. The following people and businesses are exempt from the provisions of this chapter while performing activities covered by their professional licenses or professional affiliations:
a. People licensed by the state of Minnesota to practice medicine, surgery, osteopathy, chiropractic, physical therapy, occupational therapy, podiatry, and nursing, and people working solely for and under the direction of those individuals;
b. Athletic trainers, certified by the National Association Of Athletic Trainers (NAAT), when working with an amateur, semiprofessional or professional athlete or athletic team;
c. Beauty culturists and barbers licensed by the state of Minnesota who do not hold themselves out to give massages, other than that customarily given in the field and limited to the face, neck and scalp for beautification purposes only; and
d. Healthcare facilities.
2. A person or organization providing temporary massage services such as "chair massage" is not required to obtain a massage business license if 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. (Ord. 896, 11-19-2012)