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It shall be unlawful for any individual to perform or provide massage therapy services within the city without first obtaining a license to do so and except as provided for in this chapter.
(Ord. 401, passed 12-21-2010) Penalty, see § 120.99
(A) Scope. This chapter shall apply to all individuals performing massage therapy.
(B) Exceptions. The following persons are exempt from licensing under this chapter.
(1) Any person who is licensed by the Minnesota Board of Medical Practice or the Minnesota Board of Chiropractic Examiners shall not be required to obtain a license for massage therapy if said person provides proof of licensure to the City Clerk upon request.
(2) Any person who is working for or an employee of a medical professional licensed by the Minnesota Board of Medical Practice or the Minnesota Board of Chiropractic Examiners shall not be required to obtain a license for massage therapy if said person provides proof of said employment to the City Clerk upon request.
(3) Any person who is licensed by another governmental jurisdiction shall not be required to obtain a license for massage therapy if said person provides proof of said licensure to the City Clerk upon request. This exemption is limited to a total of seven (7) days of work within the city without a city license per calendar year.
(Ord. 401, passed 12-21-2010)
(A) Application. All applications, new and renewal, shall be made on forms provided by the City Clerk and shall include the following information in addition to that required by § 110.02 of the City Code.
(1) The name of all other jurisdictions where the applicant has been licensed for massage therapy or similar activity and the dates the applicant was licensed;
(2) A description of any crime or other offense, including the time, place, date, and disposition, for which the applicant had been arrested.
(B) Education and training.
(1) Each applicant shall provide a diploma or certificate of graduation evidencing completion of five hundred (500) or more hours from a recognized school of massage therapy which:
(a) Is either accredited by a recognized educational accrediting association or agency, or is licensed by the state or local governmental agency having jurisdiction over the school; and
(b) Offers course work or degree programs in physical therapy, anatomy, physiology, physical culture, massage, hydrotherapy and hygiene; and
(c) Has for its purpose, either wholly or in part, the teaching of theory, method, work or profession of massage; and
(d) As a prerequisite of graduation, requires clinical experience.
(2) In lieu of a diploma or certificate of graduation from a recognized school of message therapy the applicant may submit a current certification from the National Certification Board for Therapeutic Massage and Bodywork evidencing successful completion of one of the following exams:
(a) The National Certification Examination for Therapeutic Massage and Bodywork (NCETMB); or
(b) The National Certification Examination for Therapeutic Massage (NCETM); or
(c) The National Examination for State Licensure (NESL) option.
(C) Proof of insurance.
(1) Each applicant shall provide a certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota showing the applicant to be currently covered by a liability insurance policy. The minimum limits of coverage for such insurance shall be:
(a) Each claim, at least three hundred thousand dollars ($300,000).
(b) Each group of claims, at least five hundred thousand dollars ($500,000).
(2) Such insurance shall be kept in force during the term of the license and shall provide for notification to the city prior to termination or cancellation. Any license issued hereunder shall automatically be revoked upon notice of termination or cancellation of such insurance and shall remain revoked until or unless other insurance is provided as required herein.
(Ord. 401, passed 12-21-2010) Penalty, see § 120.99
At the time of an applicant’s initial application for a license under this chapter the city shall conduct a background investigation of the applicant to determine if the applicant is eligible for said license. At the time of the initial application for a license under this chapter the applicant shall pay, in full, an investigation fee.
(Ord. 401, passed 12-21-2010)
No license shall be issued to an applicant who:
(A) Is under eighteen (18) years of age;
(B) Has been convicted of any crime directly related to the occupation and 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;
(C) Owes taxes, assessments, or other financial claims to any governmental agency that are due and delinquent.
(Ord. 401, passed 12-21-2010)
Whenever massage therapy is conducted in a residential area as a home occupation, the person(s) conducting the business shall adhere to all aspects of the zoning code in relation to home occupations.
(Ord. 401, passed 12-21-2010) Penalty, see § 120.99
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