Subd. 1. No massage business shall employ or use any person as a massage therapist unless such person is licensed for performing personal services by the city.
Subd. 2. Except with respect to health care facilities or providers, no customers or patrons shall be allowed to enter or remain upon the licensed premises, nor shall any massage or massage business be offered or conducted, after 10:00 p.m. and before 8:00 a.m. daily. The actual hours when a licensee chooses to conduct business must be on file with the Police Department and city and be in accordance with the business hours designated on their license application. These designated hours must be prominently displayed on the interior and exterior of the licensed premises. No person may engage in the practice of any service regulated by this chapter outside of those designated hours. Clientele may be on the licensed premises for no more than 15 minutes before or after the designated hours.
Subd. 3. Any person acting as a massage therapist in any massage business shall have their license or a true copy thereof displayed in a prominent place on the licensed premises.
Subd. 4. Each personal service licensee shall perform massage service only in an establishment licensed pursuant to this chapter or an establishment exempted from a license under this chapter.
Subd. 5. No licensee shall discriminate on grounds of race, creed, color, sex, national origin, or ancestry in performing services offered by the licensee.
Subd. 6. The person who is receiving the massage shall at all times have their anus and genitals covered with a non-transparent covering.
Subd. 7. The massage therapist shall wash their hands and arms with water and soap, anti-bacterial scrubs, alcohol, or other disinfectants prior to and following each massage service performed.
Subd. 8. Any massage therapist performing any massages shall at all times have their anus, buttocks, breasts and genitals covered with a non-transparent material.
Subd. 9. Every employee of any licensee shall at all times be covered as provided in subdivision 8 of this section.
Subd. 10. No personal service licensee shall solicit business in any public place or in any licensed liquor establishment within the city. If a business license or personal service license is under suspension or revocation, the licensee or former licensee, as the case may be, shall not solicit business or offer or agree to perform massage services, nor shall any business licensee affected by a suspension or revocation of such license allow, encourage, or direct any employee to solicit business or offer or agree to perform massage services within the city.
Subd. 11. Where a reasonable basis is found by the City Clerk to impose other reasonable restrictions upon a license, taking into consideration one or more of the facts or circumstances set forth in § 311.12, the City Clerk may upon issuance or renewal of a license impose such additional reasonable conditions and restrictions on the manner and circumstances under which the licensed activity shall be conducted to preserve the public peace and protect and promote the public's health, safety, welfare, good order and security.
Subd. 12. The business licensee is responsible for the conduct of themselves, their business, and their employees.
Subd. 13. The licensee shall engage in practices designed to ensure cleanliness and health and which are designed to resist anything detrimental to the public's health, safety or welfare.
Subd. 14. No person, whether as a licensee or employee or agent thereof or otherwise, shall engage or offer to engage in any sexual activity or engage or offer to engage in any activity prohibited by statute, ordinance, regulation or rule, on the licensed premises or in connection with a massage or massage business.
Subd. 15. The licensee shall report any complaints of sexual misconduct or sexual assault made by its patrons against its employees. The licensee shall take such action as required by its sexual harassment and/or sexual assault policies on file with the city. In reporting to the city, the licensee shall protect the identity of the complainant if the complainant is the victim of sexual assault or abuse.
Subd. 16. No licensee shall knowingly permit on the licensed premises or in any room of the licensed premises, or in any adjoining building directly or indirectly under his or her control any violation of city ordinances or state or federal law.
Subd. 17. In order to inhibit illicit or illegal activity, including prostitution and human trafficking, no licensee shall advertise massage services through any media that is classified for adults only or targeted toward sexually-oriented businesses, or use of any advertising that refers to the massage services as appealing to or satisfying an erotic or prurient interest, lust, sexual or passionate desire.
(Ord. 600, passed 4-10-2023)