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 approved by the United States Department of Education or the Minnesota Office of Higher Education.
APPLICANT. Any corporation, partnership, or other business or individual filing an application with the city seeking a massage therapist or therapeutic massage business license pursuant to this chapter.
CLIENT. An individual receiving therapeutic massage services.
DEPARTMENT. The Public Safety Department.
DIRECTOR. The Director of the Public Safety Department, or his or her duly appointed designee.
EMPLOYEES. All employees, agents, contractors, or other persons associated with a therapeutic massage business who spend a significant amount of time on the premises of a therapeutic massage business or who assist in or administer therapeutic massage services, whether or not on the premises. A self-employed massage therapist is considered to be an EMPLOYEE for purposes of this chapter.
LICENSEE. The holder of a license to operate a therapeutic massage business or work as a massage therapist.
MASSAGE THERAPIST. A person who practices or administers therapeutic massage services who has completed 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 an accredited institution or program, or institution licensed or registered by a state licensing board or agency that has been approved by the issuing authority. In the event the accredited program or accredited institution is no longer in existence, in the sole discretion of the city, a certified copy of the transcript of academic record may be accepted directly from the applicant with an affidavit stating the transcript of academic record is authentic. The transcript of academic record must be from a program or institution that was once accredited and approved by the issuing authority. The certified copy of the transcript of academic record must contain the applicant’s name, last address of the accredited institution at the time of closing, and reflect the 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 as required.
PREMISES. The physical location(s) identified by the applicant where therapeutic massage services are to be administered, excluding hospitals, sanatoriums, rest homes, nursing homes, boarding homes, or other institutions for the hospitalization or care of human beings, duly licensed under the provisions of M.S. §§ 144.50 through 144.69, and also excluding locations where therapeutic massage services are only sporadically administered, such as the homes of therapeutic massage clients. The home of a massage therapist where therapeutic massage services are regularly administered constitutes a licensed PREMISES.
THERAPEUTIC MASSAGE BUSINESS. Operation of a business that employs and/or contracts with massage therapists to administer therapeutic massage services for a fee, including self-employed massage therapists, and other than a hospital, sanatorium, rest home, nursing home, boarding home, or other institution for the hospitalization or care of human beings, duly licensed under the provisions of M.S. §§ 144.50 through 144.69, whether or not the therapeutic massage services are rendered at the licensed premises. This does not include massage therapists working under the supervision of a licensed medical practitioner.
THERAPEUTIC MASSAGE SERVICES. The rubbing, stroking, kneading, tapping, or rolling of the body of another with the hands or objects for the exclusive purpose of physical fitness, relaxation, or beautification, and for no other purpose, including specified sexual activities defined in § 614.02.
(Ord. 06-17, passed 12-11-2017; Am. Ord. 13-18, passed 9-24-2018)