Every application for a license under this chapter shall be filed with the City Clerk. Each application shall be made on a form supplied by the city and shall contain the following information:
Subd. 1. Business licenses.
a. Whether the applicant is a natural person, a corporation, a partnership, or other form of organization.
b. If the applicant is a natural person:
(1) The true name, place, and date of birth, address, and phone number of the applicant.
(2) Whether the applicant has ever used or has been known by a name other than their true name, and, if so, what was such name and information concerning dates and places where used.
(3) The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant; in such case, a certified copy of the certificate as required by M.S. Ch. 333 shall be attached to the application.
(4) A Minnesota tax identification number accompanied by the corresponding certificate of organization issued by the Minnesota Secretary of State's Office.
(5) The street address at which the applicant has lived during the preceding five years.
(6) The type, name and location of every business or occupation the applicant has been engaged in during the preceding five years.
(7) The names and addresses of the applicant's employers and partners, if any, for the preceding five years.
(8) Whether the applicant has ever been convicted of any felony or other crime or violation of any ordinance other than traffic ordinances. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had.
(9) The physical description of the applicant (i.e., height, eye color, hair color, approximate weight).
(10) A government issued photo ID card. Non-U.S. citizens must provide documentation indicating authorization to work in the U.S. Identification documents shall be copied and made part of the application.
(11) The applicant's training or experience in performing massage services.
(12) The name of the manager or proprietor or other agent in charge of the business to be licensed.
(13) The applicant must allow the city to photograph the applicant. The photograph will be affixed to the issued license.
c. If the applicant is a partnership:
(1) The names, addresses and interest of all partners and all information concerning each partner as is required of an individual applicant in subdivision b. of this section. A separate application form shall be submitted for each business partner.
(2) The name of the manager.
(3) A true copy of the partnership agreement, which shall be submitted with the application. If the partnership is required to file a certificate as to a trade name under the provisions of M.S. Ch. 333, a certified copy of such certificate shall also be attached.
d. If the applicant is a corporation or other organization:
(1) The name and, if incorporated, the state of incorporation.
(2) A true copy of the certificate of incorporation, articles of incorporation or association agreement, and bylaws, which shall be attached to the application. If a foreign corporation, a certificate of authority, as described in M.S. Ch. 303, shall also be attached.
(3) The name of the manager of the business to be licensed and all information concerning such persons as is required in subdivision b. of this section. The individual designated by the corporation, partnership or other organization as manager shall remain responsible for the conduct of the daily operations of the business until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the city in writing of any change in manager, indicating the name, address and telephone number of the new manager and the effective date of the change. The licensee is not relieved of any obligations under this chapter by designation of a manager.
(4) A list of all persons who are officers or directors of the corporation or organization or who control or own an interest in excess of 5% in such corporation or organization, and all information concerning such persons as is required in subdivision b. of this section. A separate application form shall be submitted for each business partner.
e. Identify any prior or current professional, personal, or business license or license application from a jurisdiction other than the city. For each license or application supply the date of application, the nature of the license, whether the application was granted or denied, current status of the license or application, specify any adverse action (such as revocation, suspension, cancellation, or conditional provisions of practice or use of a professional, personal, or business license, or criminal charges) taken against the license, licensee, any employee, agent, contractor, or other person associated with any license or license application from another jurisdiction.
f. The names of those individuals to be licensed and working for the applicant. At least one licensed massage therapist, or an applicant for a personal service license contemporaneously filed with the business license application, must be employed or associated with the business prior to the issuance of a business license.
g. The names, residences, and business addresses of three residents of the State of Minnesota, of good moral character, not related to the applicant or financially interested in the premises or business, which may provide reference as to the applicant's and/or manager's character.
h. The address and legal description of the business premises.
i. Proof acceptable to the city that the applicant has current insurance coverage as provided in § 311.18.
j. A copy of the businesses sexual harassment and sexual assault policy, which shall include standards for training employees on sexual harassment and sexual assault and the reporting and investigation of complaints.
k. Such other information as city staff or City Council may require, including any additional information related to the foregoing mandatory application contents.
Subd. 2. Personal service licenses.
a. All information required above for business licenses under subdivisions 1.b.(1), 1.b.(2), 1.b.5-10, 1.b.12, 1.e., 1.g.- i.
b. Proof acceptable to the city that the applicant:
(1) Is legally authorized to work in the U.S. Non-U.S. citizens must provide documentation indicating authorization to work in the U.S.
(2) Possesses current personal professional liability insurance coverage or is an additional insured and/or is subject to an insurance policy held by a business licensed under this section, with coverage as required by in § 311.18.
(3) Is affiliated with, employed by, or owns a massage business licensed by the city or is exempt from such requirement.
c. Certificates shall be issued only to persons who have received and can furnish proof of receiving a qualifying amount of education. These minimum requirements are any of the following:
(1) Hold an associate's degree or greater level degree in a field of nursing or physical therapy from a state-accredited, post-secondary educational institution, and hold a current license, in good standing, from the State of Minnesota to practice nursing or physical therapy;
(2) Has completed 500 hours of certified therapeutic massage training from a member school of the National Certification Board for Massage Therapeutic Massage and Bodywork (NCBTMB) or other organization of therapeutic massage professionals which has a similar written and enforceable code of ethics as approved by the City Clerk.
(3) Successfully pass the National Examination for Therapeutic Massage within the year prior to application as offered by the U.S. National Organization Board for Therapeutic Massage and Bodywork.
(4) Have been previously licensed by the city and provide documentation that shows an ongoing effort to maintain or improve their massage therapy skills.
Subd. 3. The applicant and licensee shall have a continuing duty to immediately disclose to the city any change in the information supplied in the application.
(Ord. 600, passed 4-10-2023)