(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. Upon the demand of the City Administrator or designee, a therapeutic massage enterprise must also immediately produce a current and complete list of all licensed massage therapists who are employed by the therapeutic massage enterprise. A person licensed as a massage therapist shall also post his or her massage therapist license, with color photo, in a conspicuous place on the premises at which the therapist is associated. A massage therapist shall produce his or her massage therapist license upon demand by the City Administrator or designee.
(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 within ten business days. It shall be the continuing duty of each licensee to properly notify the city, within ten business days, of any change in the information or facts required to be furnished on the application for license and failure to comply with this section shall constitute cause for revocation or suspension of such license.
(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 § 117.04 of this chapter.
(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 section, unless the person is specifically exempted from obtaining a massage therapist license in § 117.04 of this chapter.
(F) Coverage of genitals during massage. The licensee shall require that the person who is receiving the massage shall at all time have his or her genitals covered with non-transparent material or clothing.
(G) Therapist clothing requirements. Any massage therapist performing a massage shall at all times be dressed professionally, shall have his or her breasts, buttocks, anus, and genitals covered with non-transparent material or clothing, and prominently display or wear their photo identification card.
(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) Restrictions regarding hours of operation. No therapeutic massage enterprise shall be open for business, nor will any therapeutic massage therapist offer massage services, before 6:00 a.m. or after 10:00 p.m. any day of the week.
(K) Proof of local residency required. In the case of a therapeutic massage enterprise, the licensee, operator, managing partner, or manager of the licensed premise must show proof of residency within a 50 mile radius of the City of Monticello.
(L) Inspections. In light of the high risk of involvement with illegal conduct, an establishment providing massage therapy poses to the general public and in the interests of public safety, the issuing authority, the Building Inspector, the Fire Marshal, and the Wright County Sheriff's Office shall have the right to enter, inspect, and search the licensed premises during the hours in which the licensed premises is open for business to ensure compliance with all provisions of this section and any other applicable sections of the City Code and State Building Code. Any entry into a private residence will require either consent, exigent circumstances, or a search warrant. With reasonable notice, the business records of the licensee, including income tax returns, shall be available for inspection during the hours in which the licensed premises is open for business. The licensee is subject to a fee for a third inspection per the fee schedule, if orders to correct are issued to the licensee and those orders are not corrected upon re-inspection. Licenses shall be granted only to establishments which can meet the safety and sanitary requirements of the city and of the building code regulations of the city and state.
(M) Posting of rates. All massage enterprise businesses must post their rates for service in a prominent place in the entrance or lobby of the business.
(N) Illegal activities. In addition to the license restrictions set forth in this section, any advertising by a licensee of any potential unlawful or erotic conduct at the licensed establishment shall be prohibited. A licensee under this chapter shall be strictly responsible for the conduct of the business being operated in compliance with all applicable laws and ordinances, including the actions of any employee or agent of the licensee on the licensed premises.
(Ord. 632, passed 2-8-2016)