Subd. 1. Definitions. The following terms, as used in this section, shall have the meanings stated.
A. The term "enterprise" means operation of a therapeutic massage business or therapeutic massage services.
B. The term "massage services" means a business or person offering or providing therapeutic massages to others where a fee is charged directly or indirectly, whether or not the massage services are rendered at the licensed premises.
C. The term "massage therapist" means a person who practices therapeutic massage.
D. The term "therapeutic massage" means 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.
E. The term "therapeutic massage business" means any establishment or place located in the city that provides to the public at large therapeutic massage services, other than office (or business location) of persons mentioned in this section, hospital, sanitarium, 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 144.56, as amended from time to time and specifically M.S. § 144.50, as it may be amended from time to time.
Subd. 2. License Required.
A. It is unlawful for any person to engage in the therapeutic massage business, as defined herein, either exclusively or in connection with any other business enterprise, without first obtaining a therapeutic massage business license issued by the city. It is also unlawful for any person to engage in the business of massage services unless the person is an owner or employee of a therapeutic massage business licensed and located in the city and unless the person is also licensed by the city as a massage therapist.
B. It is unlawful for any person to operate an enterprise described in this section without a valid license issued by the city.
C. The applicant must pay the onetime non-refundable investigation fee and annual license fee per massage therapist.
D. The applicant must be qualified according to the provisions of this section. At the time of initial application, the premises for the therapeutic massage business shall be inspected to assure compliance with the law by the appropriate city personnel or authorized representatives and agents; at the time of renewal application, the city may conduct such an inspection prior to granting the license.
E. If a person who wishes to operate such an enterprise is an individual, the individual must sign the application for a license as applicant. If an applicant is other than an individual, each individual who has a 10% or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under this section and each applicant shall be considered a licensee if a license is granted.
Subd. 3. Issuance of License. The Council may issue a license under this section if all of the following are established:
A. The applicant is 18 years of age or more;
B. The applicant is not delinquent in his or her payment to the city of taxes, fines or penalties assessed against him or her or imposed upon him or her in relation to a therapeutic massage business;
C. The applicant has provided the information for the application and has truthfully answered the questions and requests for information on the application form;
D. An applicant has not been convicted of a violation of a provision of this section or a related state law within five years immediately preceding the application;
E. The premises to be used for the enterprise are properly zoned and are in compliance with applicable laws and city code provisions;
F. The applicant is a member in good standing of a national or state recognized professional therapeutic massage organization;
G. The applicant and all massage therapists at the therapeutic massage business can document at least 75 hours of certified therapeutic massage training recognized and accepted by a national or state professional therapeutic massage organization; and
Subd. 4. Professional Liability Insurance. Prior to issuance of a license, the applicant must show evidence that the applicant has professional liability insurance in the minimum sum of $300,000. A condition of the license is that insurance must remain in force and effect during the term of the license.
Subd. 5. Inspection.
A. An applicant or licensee shall permit appropriate city personnel or authorized representatives and agents to inspect the licensed premises for the purpose of ensuring compliance with the law, during normal business hours.
B. It is unlawful for any person or agent or employee who operates such an enterprise to refuse to permit a lawful inspection of the premises by a city representative or the Police Department at any time the business is occupied or open for business.
Subd. 6. Renewal of License. Licenses shall be renewed only by making application as provided in this section. Applications for renewal must be made at least 90 days before the expiration date of the license. If the Council determines good and sufficient cause is shown by the applicant for failure to file a timely renewal application, the Council may waive the 90-day requirement.
Subd. 7. Suspension. The Council may suspend a license if the Council determines that a licensee or an employee of a licensee has:
A. Violated any provisions of this section;
B. Engaged in excessive use of alcoholic beverages or use of illegal drugs while on the licensed premises, or while performing therapeutic massage services;
C. Refused to allow an inspection of the licensed premises as authorized by this section; and
D. Demonstrated inability to operate or manage the enterprise in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
Subd. 8. Revocation. The Council may revoke a license if a cause of suspension occurs and the license has been suspended within the preceding 12 months.
Subd. 9. Location of Therapeutic Massage Enterprises. Licensed therapeutic massage enterprises may be operated only where allowed by the applicable zoning provisions.
Subd. 10. Restrictions and Regulations.
A. Person in Charge. If the licensee is a partnership or corporation, the applicant shall designate a person to be manager and in charge of the business and employees. This person shall remain responsible for the conduct of the business and employees until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the city in writing of any such change, indicating the name, address and telephone number of the new manager and the effective date of the change.
B. Hours. The licensed premises shall not perform massages nor shall massage patrons be permitted on the premises between the hours of 11:00 p.m. and 6:00 a.m.
C. Age. It is unlawful for any person under 18 years of age to be employed in an establishment requiring a license under the provisions of this section.
D. List of Employees. The Council may require the applicant to furnish the city with a list of current employees, indicating their names and addresses and designating the duties of the employees within the licensed premises. The licensee shall promptly notify the city of any additions to or deletions from the list of employees or changes in their job descriptions or duties, if the Council requires such a list.
E. Cleanliness. The licensed premises and its contents must be kept and maintained in a sanitary condition.
F. Clothing. At all times during the operation of the enterprise, massage therapists and all employees must be and remain fully clothed in non-transparent clothing and customers must remain reasonably clothed in non-transparent material.
G. Alcohol, Drugs and the Like. No beer, liquor, narcotic drug or controlled substances, as such terms are defined by state statutes or the city code, shall be served or sold on licensed premises to customers.
H. Violations. Violation of any law or regulation relating to building, safety or health shall be grounds for revocation of any license.
I. Locks. Locks on doors of massage rooms shall not be locked during a massage.
J. Discrimination. No massage therapy establishment shall discriminate between persons on the basis of race, color, creed, sex or national origin or ancestry.
K. Minors. Massage services shall not be administered to any person less than 18 years of age unless a parent or guardian of the person is present at the time the massage services are administered.
L. Location of Massage Services. Massage services shall be administered only at the premises of a licensed therapeutic massage business located in the city and licensed by the city. Provided, however, a licensed massage therapist who is the owner or employee of a therapeutic massage business licensed by the city may administer massage services at the following other locations:
1. Rest homes;
2. Nursing homes;
3. Hospitals;
4. The private residences of patrons; and
5. The location of the patron's place of employment provided the place of employment is not an establishment that serves intoxicating or 3.2% malt beverages.
Subd. 11. Health and Disease Control. It is unlawful for any person while afflicted with any disease in a communicable form, or while a carrier of a disease or while afflicted with boils, infected wounds, sores or any acute respiratory infection, to work in or use the services of any licensed premises. It is also unlawful for any person known, suspected or being afflicted with any such disease or condition to be employed or permitted in the area or capacity.
Subd. 12. Massage Distinguished. The practice of massage is hereby declared to be distinct from the practice of medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, and persons duly licensed in this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, nurses who work solely under the direction of any such persons, and athletic directors or trainers under contract to a school district, private or public college, are hereby expressly excluded from the provisions of this section. Beauty culturists and barbers who do not give, or hold themselves out to give, massage services other than are customarily given in such shops or places of business shall be exempt from the provisions of this section.
Subd. 13. Enforcement.
A. Violation. Any person violating a provision of this section is guilty of a misdemeanor.
B. Injunction. A person who operates or causes to be operated a therapeutic massage business or who engages in massage services without a valid license or otherwise in violation of this section is subject to a suit for injunction as well as prosecution for criminal violations.
(Ord. 45, Third Series, passed 6-18-2000; Am. Ord. 30, Fourth Series, passed 5-7-2013; Am. Ord. 38, Fourth Series, passed 7-1-2014)