(1) Inspection. No therapeutic massage business that operates out of a premises shall be granted a license or renewal of a license without passing a city inspection to determine compliance with this chapter. Compliance shall be determined in accordance with requirements set forth in § 616.08.
(2) Minors. No person shall give or assist in the giving of any therapeutic massage services to any person under the age of 18 years, unless the parent or guardian of such minor person has consented thereto in writing.
(3) List of services. The licensee or a designated employee or individual identified in § 616.04(1)(a) shall post or provide to the client a list of services available and the cost of each. No massage therapist shall offer or perform any service other than those posted or listed.
(4) Complementary and alternative health care client bill of rights. Prior to providing therapeutic massage services, the licensee or a designated employee or individual identified in § 616.04(1)(a) must provide clients with the complementary and alternative health care client bill of rights as stated by Minnesota Statutes, must have the client sign a written statement attesting that the client has received the statement, and must comply with all other requirements of state law in M.S. Ch. 146A or other applicable law. The licensee or a designated employee or individual identified in § 616.04(1)(a) must post a copy as required by law and ensure compliance with the statutory provisions.
(5) Compliance with law. The licensee, employees, and individuals identified in § 616.04(1)(a) shall comply with applicable ordinances, regulations, and laws of the city, the State of Minnesota, and the United States.
(6) Hours of operation. Massage therapists shall not perform therapeutic massage services, nor shall clients be permitted on a premises, between the hours of 10:30 p.m. and 8:00 a.m.
(7) Posting of license. The license, if granted, shall state on its face the name of the licensee, the expiration date, and the address of the premises. The license shall be posted in a conspicuous place at or near the entrance to the premises so that it may be easily read at any time. Transient individual massage therapists must provide a copy of their current license when performing therapeutic massage services within the city upon request.
(8) Transfer of license prohibited. A licensee shall not transfer his or her license to another, nor shall a licensee change the location of a premises under authority of a license, without providing the city with notice of a change in location prior to such a change occurring.
(9) Windows. The exterior windows of the commercial premises must not be 100% opaque during hours that the premises is open for business, except for windows in massage rooms and restrooms.
(10) Advertising. No licensee shall advertise through any media that is classified for adults only or for sexually oriented business or similar classification, or use any advertising that refers to therapeutic massage services as appealing to or satisfying an erotic or prurient interest, lust, sexual, or passionate desire.
(11) Clients. Clients shall at all times have his or her anus, intergluteal cleft (buttocks crease) and genitals covered with clothing or properly draped with non-transparent material. The person who is receiving massage therapy of the breast or buttocks (gluteal) shall have the breast or buttock (gluteal muscle) that is not then immediately receiving massage therapy properly covered and draped with non- transparent material.
(12) Habitation. Massage enterprises shall not contain nor allow the use by any person of sleeping quarters or living spaces of any kind intended for habitation, including, but not limited to, beds, cots, or mattresses.
(Ord. 06-17, passed 12-11-2017; Am. Ord. 13-18, passed 9-24-2018)