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(1) Application. An application form for a massage therapist or therapeutic massage business license shall be made available by the City Clerk. In addition to the general licensing application requirements included in § 601.02, each written application for a massage therapist or therapeutic massage business license shall contain the following.
(a) If the application is made on behalf of a corporation, partnership, or other business, it shall be accompanied by appropriate business records showing the names and addresses of all individuals having a pecuniary interest in the business, and in the case of a corporation, the names and addresses of the officers and shareholders.
(b) If the applicant intends to utilize a premises to provide therapeutic massage services, applicant shall furnish to the city the address of the premises and the city zoning designation for the premises, as well as the applicant's interest in the premises, such as a lease, deed, or contract for deed. If the application is by a natural person, it shall be signed and sworn to by that person; if by a corporation, by one of the officers; if by a partnership, by one of the partners; and if by an unincorporated association, by the manager or managing officer thereof.
(c) Personal history form(s) providing information to the Department for the purpose of conducting a background check on all anticipated employees and the individuals identified in division (1)(a).
(d) Verification that all employees anticipated to perform therapeutic massage services on behalf of the therapeutic massage business are certified or have experience defined in § 616.06(6).
(e) Whether the applicant has ever been engaged in the operation of massage services. If so, the applicant shall furnish information as to the name, dates, place, and length of time of the involvement in such establishment.
(f) Whether the applicant has had an interest in, as an individual or as part of a corporation, partnership, association, enterprise, business, or firm, a massage license that was denied, revoked, or suspended within the last ten years of the date the license application is submitted to the issuing authority.
(g) Whether the applicant has ever been arrested, charged, or 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 date, time, and offense for which arrests, charges, or convictions were had.
(h) Whether the applicant has ever been the subject of an investigation, public or private, criminal or non-criminal, regarding massage therapy.
(i) Applicant is responsible for reading and understanding the provisions of this chapter and for communicating and providing interpretation when necessary to all massage therapists licensed at the enterprise to ensure compliance.
(2) License, background, and miscellaneous fees. A fee in the amount specified in the city fee schedule shall be paid to the city along with the completed application form. In the event that the license is denied upon application, the license fee shall be refunded; however no part of the license investigation fee shall be returned to the applicant. No part of the annual license fee shall be refunded if the license is suspended, revoked, or discontinued. The initial license fee may be prorated. The licensee shall be responsible for any city costs in enforcing the license provisions, including, but not limited to, re-inspection fees and attorney fees.
(3) Establishment licensing/individual licensing. An applicant may apply for both a therapeutic massage business license and massage therapist licenses for its employees.
(4) License term; renewal. Each license shall be issued for a maximum period of one year. Each license may be renewed only by making application as provided in § 616.04. All licenses expire on June 30 of each year.
(Ord. 06-17, passed 12-11-2017; Am. Ord. 13-18, passed 9-24-2018)
Cross-reference:
City fee schedule, see § 218.01
The city has established the following conditions governing the issuance of massage therapist and therapeutic massage business licenses. The city is empowered to conduct any and all investigations to verify applicant data, including ordering a computerized criminal history inquiry and/or a driver's license/identification history inquiry on the applicant, anticipated employees, and all individuals identified in § 616.04(1)(a). The City Council or Chief of Police, or his or her designee, may order and conduct such additional investigation as they deem necessary. The City Council shall consider the issuance of a license to an applicant within 30 days after receipt of an application unless one or more of the following, or any of the conditions in § 616.06, are found to be true:
(1) The applicant is under 18 years of age;
(2) The applicant is delinquent in his or her payments to the city of taxes, fees, fines, or penalties assessed against him or her;
(3) The applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
(4) The applicant is unable to provide photo identification issued by a federal, state, or territory of the United States of America. This includes a valid passport, state-issued driver's license, or other official form of identification;
(5) The premises has not been approved for occupancy and use by the appropriate city personnel or is not in compliance with all applicable laws and ordinances;
(6) The license fee required by this chapter has not been paid;
(7) Has had an interest in, as an individual or as part of a corporation, partnership, association, enterprise, business, or firm, a massage license that was denied, revoked, or suspended within the last ten years of the date the license application is submitted to the issuing authority;
(8) Has been arrested, charged, or convicted of any crime directly related to the occupation licensed as prescribed by M.S. § 364.03, Subd. 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by M.S. § 364.03, Subd. 3; or
(9) Is the spouse of a person whose massage-related license has been denied, suspended, or revoked in the past ten years.
(Ord. 06-17, passed 12-11-2017; Am. Ord. 13-18, passed 9-24-2018)
(1) If the applicant meets the criteria in § 616.05, the City Council shall consider the issuance of a license to an applicant within 30 days after receipt of an application unless any one of the following apply to the applicant, its anticipated employees, or any of the individuals identified in § 616.04(1)(a):
(a) Conviction of a felony within five years of the date an application for a license is filed with the city;
(b) Conviction, charge, or arrest of any sexually oriented crime or ordinance violation, including, but not limited to, M.S. §§ 609.321 through 609.324, 609.342 through 609.345, 609.365, 617.23, 617.241, 617.246, 617.247, 617.293, 617.294, or criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses within ten years of the date an application for a license is filed with the city;
(c) Has been determined to have engaged in any conduct prohibited by M.S. § 146A.08, as it may be amended from time to time, within five years of the date an application for a license is filed with the city;
(d) Under requirement to register as a predatory offender under M.S. § 243.166, or any similar law in Minnesota or elsewhere, within ten years;
(e) Have had a massage therapist or therapeutic massage business denied or revoked by a state, city, or other licensing authority within ten years;
(f) Has been ordered to pay civil penalties by a state, city, or other licensing authority within five years;
(g) Cannot provide proof of their eligibility to work in the United States; or
(h) Failure to provide a transcript from an accredited institution.
(2) With respect to divisions (1)(a) through (1)(h), a pending appeal shall have no effect on the determination whether to issue a license.
(Ord. 06-17, passed 12-11-2017; Am. Ord. 13-18, passed 9-24-2018)
(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)
(1) Inspection access. The applicant or licensee shall permit the Director, or his/her authorized representative, to inspect the premises for the purpose of ensuring compliance with the law, at any time the therapeutic massage business is occupied or open for business.
(2) Requirements. The applicant and licensee shall meet the following requirements.
(a) A therapeutic massage business must take reasonable steps to prevent the spread of infections and communicable diseases on the premises.
(b) Premises must be equipped with adequate and conveniently located toilet room(s) for the accommodation of its employees and clients. The toilet room(s) must be well ventilated by natural or mechanical methods and be enclosed with a door. The toilet room(s) must be kept clean and in good repair and be fully and adequately illuminated.
(c) A therapeutic massage business must provide single service disposal paper or clean linens to cover the table, chair, furniture, or area on which the client receives the therapeutic massage services and must be sanitized after each administration of therapeutic massage services.
(d) Therapeutic massage tables, chairs, or furniture on which the client receives therapeutic massage services must have surfaces that can be readily cleaned and disinfected after each massage. All modalities shall be performed on a raised massage therapy table or chair; no bed, mattress, or similar type of equipment shall be allowed onsite.
(e) The massage therapist must wash his or her hands and arms with water and soap, antibacterial scrubs, alcohol, or other disinfectants prior to and following each administration of therapeutic massage services.
(f) Rooms in a premises must be fully and adequately illuminated.
(g) A premises must have a janitor's closet that provides for the storage of cleaning supplies.
(h) Premises must provide adequate refuse receptacles.
(i) Premises must be maintained in good repair and sanitary condition.
(j) Premises must comply with the requirements of M.S. §§ 144.411 et seq.
(k) Any massage therapist shall at all times be dressed professionally.
(Ord. 06-17, passed 12-11-2017; Am. Ord. 13-18, passed 9-24-2018)
(1) Suspension. The City Council may suspend a license for a period not to exceed 60 days if it is determined that a licensee, an employee, or an individual identified in § 616.04(1)(a) has:
(a) Violated any provisions of this chapter;
(b) Engaged in excessive use of alcoholic beverages or use of illegal drugs while on the premises, or prior to or while administering therapeutic massage services;
(c) Refused to allow an inspection of the premises as authorized by this chapter; or
(d) Demonstrated inability to operate or manage the therapeutic massage business in a peaceful and law abiding manner thus necessitating action by law enforcement officers.
(2) Revocation. The City Council may revoke a license if a cause of suspension in division (1) occurs and the license has been suspended within the preceding 12 months, or if any of the following are true:
(a) A licensee gave false or misleading information in the material submitted during the application process;
(b) A licensee, employee, or individual identified in § 616.04(1)(a) knowingly allowed illegal possession, use, or sale of controlled substances on the premises;
(c) A licensee, employee, or individual identified in § 616.04(1)(a) knowingly operated the therapeutic massage business during a period of time when the licensee's license was suspended;
(e) A licensee permits an employee to perform therapeutic massage services for the therapeutic massage business, when the licensee knows that person has been charged or convicted of any offense listed in § 616.06, or, with respect to that person, if any of divisions (3), (5), or (6) of § 616.06 are true; or
(f) The licensee is delinquent in his or her payments to the city of taxes, fees, fines, or penalties assessed against him or her.
(3) Conviction appeal. A pending appeal of a conviction shall have no effect on, nor an appeal of anything in divisions (3), (5) or (6) of § 616.06 shall have no bearing on, the suspension or revocation.
(4) Neither the charging of a criminal violation nor a criminal conviction is required in order for the City Council or issuing authority to impose an administrative penalty or suspend, deny, or revoke a license.
(5) Previous license infractions. In the event there is a license infraction or a pending citation involving a licensed establishment and/or a licensed massage therapist, the city may, at its option, choose to not take action on any license or renewal application until such infraction or pending citation has been resolved. The applicant for a massage enterprise license or massage therapist license may not be eligible to reapply for a license for a period of five years if the licensee is arrested, charged, or convicted of any violation of this chapter.
(Ord. 06-17, passed 12-11-2017; Am. Ord. 13-18, passed 9-24-2018)
The Chief of Police, or his or her designee, may immediately suspend a license, pending a hearing before the City Council, if the licensee, or any person working on behalf of the licensee, is determined to be conducting business in an unlawful manner, any manner that constitutes a breach of the peace, or a menace to the health, safety, or general welfare fo the public, or after repeated complaints received regarding conduct of business practices or method of solicitation.
(Ord. 13-18, passed 9-24-2018)