Section
311.01 Definitions
311.02 Penalties
311.03 License required
311.04 Proof of local residency required
311.05 Filing and contents of license application
311.06 Execution of license application
311.07 Fees
311.08 Ineligibility for license
311.09 Processing of license application; granting or denial of license
311.10 Term of license
311.11 Transfer of license
311.12 Operation of business; license conditions
311.13 Suspension or revocation of license
311.14 Approval of plans and specifications for massage parlors and saunas
311.15 Construction and maintenance of premises used for massage business
311.16 Guest registry and inspection requirements
311.17 Insurance
311.18 Exceptions
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ADEQUATE and APPROVED. Acceptable to the County Health Inspector following their determination as to conformance with public health practices and standards.
HEALTH CARE FACILITY or PROVIDER. Any person providing medical, surgical, dental, chiropractic or osteopathic services, or physical therapy services pursuant to a prescription therefor, wherein practitioners are licensed by the state, such as, but not limited to, a 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—144.69.
MANAGER. The individual responsible for administering the daily operations of the massage business, including supervision of staff and the premises.
MASSAGE. The method of treating the superficial parts of the human body of another by rubbing, pressing, stroking, kneading, tapping, pounding, vibrating, or stimulating with the hands or any instrument for hire or for consideration with the intention of positively affecting the health and well-being of the client. MASSAGE shall not include such activities when performed exclusively on a person's hand and/or foot in conjunction with a manicure or pedicure.
MASSAGE BUSINESS. The offering of massage services to the general public, regardless of whether the offer is limited only to select invitees or organizational members.
MASSAGE THERAPIST. A person who practices or administers a massage.
OPERATE. To own, manage or conduct.
SANITARY. To be free from pathogenic micro-organisms.
WITHIN THE CITY. Physical presence as well as telephone referral situations, such as a "phone-a-message" type operation, in which the business premises, although not actually located within the city, serves as a point of assignment of employees who respond to requests for services from within the city.
(Ord. 600, passed 4-10-2023)
Subd. 1. Every person who commits or attempts to commit, conspires to commit or aids or abets in the commission of any act constituting a violation of this chapter or any rule promulgated thereunder, whether individually or in connection with one or more other persons or as principal, agent, or accessory, shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with § 104.01. Every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, permits or directs another to violate any of the provisions of this chapter or any rule promulgated thereunder is likewise guilty of a misdemeanor.
Subd. 2. The city may seek to enforce this chapter through criminal prosecution and/or civil relief. Nothing in this chapter shall prohibit the city from seeking misdemeanor prosecution, administrative penalties, or both, and does not affect the city's right to suspend or revoke the license of a licensee as the City Council deems appropriate. No administrative penalty or license suspension or revocation may take effect until the licensee or other individual has received notice, served personally by mail, of the alleged violation and of the opportunity for a hearing.
(Ord. 600, passed 4-10-2023)
Except as may otherwise be provided in this chapter and with the exception of health care facilities or providers, it shall be unlawful for any person to operate a massage business or to personally perform massage services or to hold one's self out as being a massage therapist within the city unless such business or individual performing massage services is currently licensed under this chapter. Employees of a massage business must be separately licensed to perform personal massage services under this chapter if they perform such services.
(Ord. 600, passed 4-10-2023)
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