Subd. 1. No business license shall be required for any premises where massage is offered as an accessory use if it meets the following criteria as evidenced by affidavits and other documents submitted to and reasonably acceptable to the city:
a. The principal activity of the business shall not be massage.
b. No more than 25% of the establishment's annual gross revenue shall be derived from massage as shown by financial statements certified as being true and correct by an independent certified public accountant.
(1) Such statements shall be filed each year with the City Clerk by the person who operates the business establishment.
(2) Such filing shall be made within 30 days of the end of the establishment's fiscal year and shall be for the fiscal year just completed.
(3) The City Clerk may require additional or more frequent financial filings when deemed by him to be necessary to determine compliance with this section.
c. All persons performing massage must possess a valid personal services license issued by the city.
d. The rooms where massage is performed shall not have an exclusive entrance from or exit to the exterior of the building in which the principal business is located or to a public concourse or public lobby. Notwithstanding this restriction, massage may be performed by a licensed individual at the residence or business of the person receiving the massage, but may not be performed or offered at any premises requiring a license pursuant to Ch. 309 or Ch. 401.
e. All fees or other consideration derived from performing massage shall be received by and be accounted for by the proprietor of the principal business.
f. All individuals performing massage in connection with the business shall be employees of the principal business or shall be independent contractors or agents who perform massage pursuant to a written agreement with the owner of the principal business.
Subd. 2. No business license shall be required for an individual who does not maintain a business premises within the city and who performs massage solely at the residence or business of the person receiving the massage. Such individuals, however, shall possess a valid personal services license, shall not employ any individuals in connection with the practice of massage, and shall not offer or perform massage at any premises requiring a license pursuant to Ch. 309 or Ch. 401.
Subd. 3. All other provisions of this chapter and this code shall apply except those which by their nature cannot reasonably be applied to the persons and premises exempted from a business license.
(Ord. 600, passed 4-10-2023)