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§ 6.43 TAXI LICENSE RESTRICTIONS AND REGULATIONS.
   (A)   No person, co-partnership or corporation shall hereafter use or operate or cause to be used or operated any motor vehicle carrying passengers for hire over or upon any public highway or street in the city, except trunk highways under the control of the state, unless the person, co-partnership or corporation shall first pay the license fee herein prescribed and secure a license from the city so to do in accordance with the provisions of this section.
   (B)   Application for the operation of a motor vehicle for hire shall be made in writing and filed with the City Clerk and shall state the kind of vehicle to be used, the vehicle identification number and the state license number, the seating capacity of the vehicle, the name of the owner or licensee and the nature of business proposed to be done. Each application shall be duly verified and shall be accompanied by a certificate signed by at least two resident taxpayers of the city, stating that they are acquainted with the applicant and that he or she is a fit and proper person to engage in the business.
   (C)   No such license shall be issued until the applicant shall obtain a policy of insurance through an insurance company authorized to do business under the laws of the state, insuring the person, co-partnership or corporation operating the vehicles against loss by reason of any damages that may result to any person or persons from the operation of the motor vehicle. The policy of insurance shall insure the operator in at least the minimum amount required by state statutes against claims for damage by reason of injuries to any one person injured or killed through the operation of the motor vehicle. The policy of insurance shall guarantee payment of any final judgment rendered against the owner or licensee of the motor vehicle within the limits hereinbefore provided, because of injury or damage resulting to any person or persons from the negligent operation of the motor vehicle. It shall be in a form satisfactory to the City Council which may require the licensee to replace the policy of insurance if the Council shall, at any time, deem it or the insurer thereon unsatisfactory or insufficient. The default or refusal of the licensee to comply with any such order of the Council shall be ground for revocation of the license of the licensee.
      (1)   As part of the application process, all parties seeking taxi licensure in the city must pass the state’s Department of Transportation’s annual vehicle inspection. As taxi vehicles do not qualify for a DOT number, they cannot be issued a state inspection decal.
      (2)   The city shall issue a taxi number identification sticker annually, once the vehicle passes the state safety inspection and provides the proper insurance certificate. This sticker must be adhered to the driver’s side rear window to the vehicle within five days of issuance.
      (3)   All taxi drivers must be at least 18 years old and pass a criminal background check by the city’s Police Department.
      (4)   The city shall issue a photo identification card for each driver, which must be displayed in a visible place in the taxi while the driver is on duty.
      (5)   The city will charge a non-refundable fee, set by City Council resolution, for each background check that is completed for potential taxi drivers.
   (D)   The insurance policy herein provided or a duly authenticated copy thereof shall be filed with the City Clerk; and shall contain a provision that it cannot be cancelled by the insurer without notice to the city. A current insurance card must be displayed in each taxi.
(Amended 5-1-2012)
   (E)   License fees.
      (1)   Annual, non-proratable fees for each taxi license shall be set in accordance with § 6.04.
      (2)   All taxi licenses shall expire on December 31 of each year.
   (F)   In any case in which any one person, co-partnership or corporation shall apply for license for more than one such motor vehicle, the person, co-partnership or corporation shall not be required to submit separate policies of insurance for each motor vehicle if it shall file with the city a blanket insurance policy covering all vehicles which gives to the licensee and to any person or persons injured because of the negligent operation of any motor vehicle at least the same amount of protection which is required by the provisions of this section.
   (G)   Upon compliance with the provisions hereof, the City Council, if it deems the applicant a fit person to engage in the business, may grant the license. Upon the license being granted by the Council, the Clerk shall issue the same and shall furnish to the licensee for each vehicle so licensed containing the number of the license and the period for which the vehicle is so licensed. The license shall, at all times, be displayed on the driver’s side rear window in the motor vehicle. All licensed taxis must be clearly marked as a taxi, with the business name identified on both sides of the vehicle.
(Amended 5-1-2012)
   (H)   This section shall not apply to the Dial-A-Ride service.
   (I)   Any license granted hereunder may be revoked by the Council at any time.
   (J)   (1)   Taxi companies found to be in violation of this section within a 24-month period shall be administratively fined as follows:
         (a)   First offense: $75;
         (b)   Second offense: $200; and
         (c)   Third offense: $250 and revocation of license for one year.
      (2)   If the business gets their license back and receives another violation, the license will be revoked permanently. Failure to pay the fine within 30 days will result in suspension of license. Before any license is suspended or revoked under this section, the licensee shall be given notice of the accused violation and shall be given the right to request a hearing on the matter and to appeal the findings of the hearing on suspension or revocation. In the case of an administrative penalty, the hearing for the penalty may be the same as for the suspension or revocation.
(Amended 5-1-2012)
   (K)   This section shall be in force and effect from and after 1-1-2000. All licenses issued under any other ordinance of the city to any person to operate any motor vehicle for hire within the city shall be and hereby are revoked on that date.
(Adopted 12-14-1999)
§ 6.44 TRANSPORTATION NETWORK COMPANIES.
   (A)   License required.
      (1)   No person or entity shall operate a TNC within the city without first having obtained a TNC license in accordance with this chapter.
      (2)   No vehicle shall be used as a TNC vehicle within the city except by a TNC endorsed driver authorized by a licensed TNC.
      (3)   A TNC vehicle shall be in compliance with all applicable requirements of this section at all times when its operator is active on the digital network.
      (4)   A TNC vehicle operated by a driver endorsed by a TNC not licensed by the city may enter the city to discharge passengers whose trip originated outside city limits.
      (5)   A TNC license issued pursuant to this section is non-transferable and terminates upon the sale, transfer, change of ownership or bankruptcy of the TNC.
   (B)   License application. An application for a TNC license or renewal of a TNC license shall be filed with the City Clerk upon forms provided by the city. Such applications shall be verified by the applicant or its duly authorized agent under oath and shall include, without limitation, the following information:
      (1)   If an individual or sole proprietorship: the name, address, telephone number and email address of the applicant.
      (2)   If a partnership, corporation, limited liability company or other entity: the name, business address, telephone number and email of the applicant, along with the name, address, telephone number and email for the applicant’s authorized agent as defined by this section.
      (3)   A description of the distinctive trade dress TNC vehicles shall display at all times while active on the TNC dispatch system, along with verification that the trade dress satisfies the requirements of division (T) of this section.
      (4)   Such further information as the Chief of Police or his or her licensing designee may reasonably require.
   (C)   License issuance. Before a TNC license is issued to any person or entity by the City Clerk, the application shall first be submitted to the City Clerk for approval or denial. The City Clerk shall not deny a license except for good cause. If the application is denied by the City Clerk, the applicant may, within ten days, appeal such denial to the City Council, which may by resolution approve the issuance of the license.
   (D)   License fees; expiration dates.
      (1)   Annual, non-proratable fees for each TNC license shall be set in accordance with § 6.04 of this chapter.
      (2)   All TNC licenses shall expire on December 31 of each year.
   (E)   Insurance required.
      (1)   TNC and TNC endorsed drivers shall be in compliance with the insurance requirements of M.S. § 65B.472, as it may be amended from time to time, at all times while providing prearranged rides or operating pursuant to any TNC license issued by the city.
      (2)   Prior to issuance of any TNC license under this chapter, the licensee shall submit proof of insurance to the licensing official showing satisfaction of the requirements of this section and applicable state law.
      (3)   TNC drivers shall carry proof of insurance satisfying this section at all times while engaged in providing prearranged rides, and shall produce proof of said insurance upon demand of an officer of the law.
   (F)   Transportation Network Company agents; appointment of City Clerk for service process.
      (1)   All TNCs must maintain a duly-authorized agent, as defined in this chapter, for service of process and receipt of any required notices from the city.
      (2)   TNCs shall provide current and updated contact information for the designated agent or agents responsible for receiving service of process and official notices from the city, responding to service-related investigations or complaints, cooperating with law enforcement investigations or inquiries, and managing record or audit requests from the licensing official in accordance with this chapter.
   (G)   Vehicle standards and inspection.
      (1)   Minimum vehicle standards; quality control. TNCs shall solicit feedback on vehicle quality after each trip. The TNC must implement a policy of evaluating and investigating negative feedback received about the condition of a vehicle and provide the licensing official with a copy of such policy. A TNC vehicle shall not be authorized or endorsed to provide prearranged rides within the city unless the vehicle is in compliance with all applicable local, state and federal laws respecting motor vehicles.
      (2)   All vehicles shall, without limitation, further comply with the following:
         (a)   Be in a thoroughly safe condition for the transportation of passengers. Every vehicle shall comply with all local, state and federal regulations relating to vehicle equipment, maintenance and safety. Further, all vehicles shall have a model year of ten years or less or 150,000 miles (as measured from June 30 of the calendar year following the model year);
         (b)   Be equipped with the prominently displayed and distinctive trade dress required by this section;
         (c)   Be equipped with at least four doors and meet all applicable federal motor vehicle safety standards for vehicles of its size, type and proposed use;
         (d)   Be equipped with a manufacturer’s rated seated capacity of seven persons or less, including the TNC driver;
         (e)   Be maintained in a clean and sanitary condition with regard to both the interior and exterior of the vehicle;
         (f)   Be substantially free from damage, dents, defects or unpainted or rusted metal. Any vehicle that is damaged, whether due to negligence, intentional conduct or other event, shall within 30 days of such damaging event, be repaired and restored to the standards set forth herein;
         (g)   Be equipped with windows in the rear and side of the vehicle complying with all applicable state or federal laws regulating size, dimensions and clarity;
         (h)   Be equipped with seat belts for all seating positions, which seat belts shall be openly displayed and readily available for use by occupants; and
         (i)   Be in compliance with the vehicle safety requirements set forth in M.S. §§ 169.46 through 169.75, as they may be amended from time to time, if applicable and as may be amended.
            1.   Annual inspection. Every TNC endorsed vehicle shall be inspected annually by an Automotive Service Excellence (ASE) certified mechanic to ensure compliance with the requirements of this section.
            2.   Inspection reports. The Chief of Police shall approve a TNC vehicle inspection report for use in completing the annual inspections required by this section. The report shall designate a category of equipment and body defects as “out of service” defects. TNCs shall not permit the provision of prearranged rides in vehicles bearing “out of service” defects until the defects are corrected.
   (H)   Seating capacity; passengers to ride on seats only. The passenger seating capacity of any TNC vehicle licensed under this section shall be no more than seven. No TNC driver shall carry any passengers or permit any passengers to ride anywhere except on the seats of the vehicle.
   (I)   Maximum passenger load. No person operating a TNC vehicle shall carry a greater number of passengers than the manufacturer’s rated seating capacity for such vehicle.
   (J)   Receiving and discharging passengers. No TNC vehicle shall take on or discharge passengers while in motion. All passengers shall be received and discharged at the curb or as near thereto as the vehicle can approach. Passengers shall be allowed to alight or board a TNC vehicle on the curb side only.
   (K)   Discrimination, refusal to transport orderly person prohibited; accessibility.
      (1)   No TNC driver shall refuse to transport any orderly person or persons.
      (2)   The TNC shall adopt a policy of non-discrimination on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity with respect to riders and potential riders and notify TNC drivers of such policy.
      (3)   TNC drivers shall comply with all applicable laws regarding non-discrimination against riders or potential riders on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity.
      (4)   TNC drivers shall comply with all applicable laws relating to accommodation of service animals.
      (5)   A TNC shall not impose additional charges for providing services to persons with physical disabilities because of those disabilities.
   (L)   TNC vehicle; commercial advertising. No TNC or TNC driver shall place commercial advertising material on or about any TNC vehicle in such a manner so as to obstruct the operator’s vision or otherwise interfere with the safe operation of the vehicle.
   (M)   Solicitation prohibited. No TNC driver shall solicit business for any hotel or motel, or attempt to divert patronage from one hotel or motel to another.
   (N)   Smoking, sale of liquor and use of TNC vehicle for prostitution prohibited. At any time while engaged in providing a prearranged ride, no person operating a TNC vehicle shall:
      (1)   Smoke, or permit the smoking of, a pipe, cigar, cigarette or electronic cigarette (e-cigarette). “Smoking” means inhaling or exhaling smoke or vapor from any lighted pipe, cigar, cigarette, e-cigarette or any other lighted or vaporized liquid, tobacco or plant product. Smoking also includes carrying a lighted or active cigar, cigarette, pipe, e-cigarette or any other lighted or active liquid, tobacco or plant product intended for inhalation;
      (2)   Sell or offer to sell any alcoholic beverages to any person; and
      (3)   Solicit business for any house of ill repute or permit any person to occupy or use his or her vehicle for the purpose of prostitution, or direct or transport or offer to direct or transport any person with knowledge or having reasonable cause to know that such directing or transporting is for the purposes of prostitution.
   (O)   Street hails, use of taxicab stands prohibited. TNC drivers shall not solicit or accept street hails or occupy or use taxicab stands established pursuant to the city code, as may be amended.
   (P)   Zero tolerance for drug or alcohol use.
      (1)   No TNC driver shall operate a TNC vehicle while under the influence of alcohol or a narcotic drug, and no TNC driver shall drink, ingest or be in possession of any alcoholic beverage or narcotic drug while engaged in such operation.
      (2)   The TNC shall implement a zero drug and alcohol tolerance policy regarding a TNC driver’s activities while active on the TNC dispatch network or engaged in supplying prearranged rides. The zero tolerance policy shall address the use of drugs or alcohol while a TNC driver is providing prearranged rides or is logged onto the TNC’s digital network but is not providing prearranged rides, and the TNC shall provide notice of this policy on its website, as well as procedures to report a complaint about a driver with whom a rider was matched and whom the rider reasonably suspects was under the influence of drugs or alcohol during the course of the trip.
      (3)   Upon receipt of a credible rider complaint alleging a violation of the zero tolerance policy, the TNC shall immediately suspend such TNC driver’s access to its digital network, and shall conduct an investigation into the reported incident. The suspension shall last the duration of the investigation and be made permanent upon a finding of any violation of this section.
      (4)   The TNC shall maintain records relevant to the enforcement of this requirement for a period of at least three years from the date that a rider complaint is received by the TNC.
   (Q)   TNC driver requirements; license, identity and endorsement required prior to start. No person shall drive a TNC vehicle, and no person or entity holding a TNC license or TNC vehicle license shall permit the TNC vehicle covered by such license to be driven, unless the driver of such TNC vehicle shall have then in force a valid driver’s license.
   (R)   Criminal background check; driving record and offenses.
       (1)   Before allowing a driver to accept trip requests through a TNC’s digital network:
         (a)   The individual shall submit information to the TNC including, at a minimum, information regarding his or her past and present legal name or names, address, age, driver’s license status, driving history, motor vehicle registration, automobile liability insurance, and any other information required by the TNC or the provisions of this section;
         (b)   The TNC shall conduct, or have a third party conduct, a local and national criminal background check for each driver that shall include searches of:
            1.   The offenses listed and described in M.S. § 299C.67, subd. 2, as it may be amended from time to time;
            2.   The applicant’s driving record in all states where the applicant has held a driver’s license in the past five years;
            3.   A multi-state/multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation (primary source search); and
            4.   A national sex offender registry database.
         (c)   The TNC shall obtain and review a driving history and criminal background check report or reports for all applying drivers reflecting the results of the above search(es).
      (2)   The TNC shall not permit an individual to act as a TNC driver on its digital network who:
         (a)   Has had more than three moving violations in the prior three-year period, or one major violation in the prior three-year period (including, but not limited to, attempting to evade the police, reckless driving, or driving on a suspended or revoked license);
         (b)   Has been convicted, within the past seven years, of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage, and/or theft, acts of violence, or acts of terror;
         (c)   Is a match in the national sex offender registry database;
         (d)   Does not possess a valid driver’s license;
         (e)   Does not possess proof of registration for the motor vehicle(s) used to provide prearranged rides;
         (f)   Does not possess proof of automobile liability insurance for the motor vehicle(s) used to provide prearranged rides; or
         (g)   Is not at least 19 years of age.
   (S)   Identification of TNC vehicles and drivers. A TNC’s mobile application or website shall display a picture of the TNC driver and identify the make and model of the TNC vehicle, including license plate number, that the TNC driver will use to supply the prearranged ride before the prearranged ride begins.
   (T)   Distinctive trade dress.
      (1)   A TNC vehicle shall display consistent and distinctive signage or emblem at all times while the driver is active on the TNC dispatch system or engaged in supplying prearranged rides. The distinctive signage or emblem shall be sufficiently large and color contrasted:
         (a)   As to be readable during daylight hours at a distance of at least 50 feet; and
         (b)   Reflective, illuminated or otherwise patently visible so as to be seen in darkness.
      (2)   Acceptable forms of distinctive signage include, but are not limited to, symbols or signs on vehicle doors, roofs, windshield, or grilles. Magnetic or other removable distinctive signage is acceptable. Licensees shall file an illustration of their distinctive trade dress with the City Clerk.
      (3)   No TNC or TNC driver shall operate or permit the operation of any TNC vehicle unless the trade dress satisfies the minimum requirements of this section and matches the information supplied with the TNC application.
      (4)   With the written approval of the City Clerk, subject to review by the City’s Chief Administrative Officer, a TNC may amend its previous application form to update the information provided in satisfaction of the requirements of this section.
   (U)   TNC service charges and fare rates; receipts.
      (1)   Fares; pre-ride estimates. Transportation network vehicles shall be for hire at a fare rate or structure that is available to the passenger for review in advance of requesting the trip. The TNC must provide a passenger with the total fare, or a means to obtain a fare estimate under the current fare structure, inclusive of any dynamic pricing, that will be applied to the trip prior to the passenger’s acceptance.
      (2)   Within a reasonable period of time following the completion of a trip, a TNC shall transmit an electronic receipt to the rider or riders listing:
         (a)   The origin and destination of the trip;
         (b)   The total time and distance of the trip;
         (c)   An itemization of the total fare paid, including base fare and any additional charges, if applicable;
         (d)   The driver’s first name;
         (e)   The vehicle license plate number; and
         (f)   A means of contacting the TNC for customer service.
   (V)   Records, city authority to audit.
      (1)   A TNC shall maintain the following records applicable to the operation of its digital network within the city for a minimum of three years:
         (a)   Individual trip records for prearranged rides originating within the city;
         (b)   TNC vehicle inspection reports obtained from ASE certified mechanics pursuant to the requirements of this section;
         (c)   Documentation evidencing insurance coverage obtained pursuant to the requirements of this section;
         (d)   Records reflecting complaints received by the TNC in relation to any of its endorsed drivers supplying a majority of his or her prearranged rides within the city including, without limitation, complaints resulting in an investigation in according with division (X) of this section, temporary or permanent removal of the driver from the TNC’s network, or other corrective action; and
         (e)   Records reflecting the TNC’s suspension or termination of its relationship with any endorsed drivers supplying a majority of his or her prearranged rides within the city for violations of any of the provisions of this chapter or any other applicable local, state or federal law.
      (2)   A TNC shall maintain records obtained pursuant to the requirements of divisions (Q) and (Q)(1) of this section at all times during a TNC driver’s affiliation with the TNC and, thereafter, for a minimum of three years following the date on which the driver’s affiliation with the TNC ends.
      (3)   Upon request, any or all records listed herein shall be submitted for inspection to the city’s designated licensing official at such times, and in such format and manner, as may be prescribed by the licensing official.
      (4)   The licensee agrees to provide the city, with ten business days from the date of request or appropriate service of process, if applicable, any and all records pertaining to specific complaints, criminal or administrative proceedings arising out of a TNC or TNC driver’s operations within the city.
      (5)   Data provided to the city pursuant to this section is governed by the provisions of the Minnesota Government Data Practices Act, being M.S. Ch. 13, as it may be amended from time to time. To the extent permitted by law, data provided by the licensee to the city pursuant to this section shall be deemed not public data.
   (W)   License suspension and revocation.
      (1)   The Chief Administrative Officer of the city is hereby given authority to suspend any license issued under this section for cause for a period of not more than 30 days. A hearing upon five days’ notice to the licensee shall be required prior to such a suspension.
      (2)   The Chief Administrative Officer of the city is hereby given authority to revoke any license issued under this section for cause after hearing upon five days’ notice to the licensee. The licensee may, within 30 days, appeal the revocation to the City Council, which shall give the licensee an opportunity to be heard at its next regular meeting following the appeal. The City Council may, at such meeting, reinstate the license by resolution.
      (3)   Sufficient cause for suspension or revocation shall include, but not be limited to, the following:
         (a)   Violation of any of the provisions of this section by a TNC; and
         (b)   Violation of any other local, state or federal law that relates to the licensed business by a TNC.
   (X)   Complaint investigation.
      (1)   Prior to TNC license suspension or revocation affecting all TNC endorsed drivers operating in the city, the Chief Administrative Officer may, but is not required to, at his or her discretion, request a licensee to investigate whether a complaint or service-related issue may be resolved, in accordance with the provisions of this section or a TNC’s own internal policies and procedures, by suspending the access of one or more endorsed drivers from the TNC’s digital network or other appropriate means.
      (2)   Within ten business days from receipt of a complaint or request from the city’s Chief Administrative Officer seeking investigation pursuant to this section, a TNC shall provide the city with written notice of its determination.
      (3)   Each TNC shall provide the city with contact information for the duly-authorized agent designated to receive and respond to requests under this section.
   (Y)   Enforcement.
      (1)   Any person violating any section of this chapter shall be guilty of a misdemeanor and may be fined as provided in § 6.43(J). All city approvals and licenses shall be suspended until the violation(s) of this chapter are corrected. Nothing in this section shall preclude the city from concurrently seeking the enforcement of the provisions of this chapter in a court of competent jurisdiction by civil action to enjoin any continuing violation(s) in accordance with subsection (2) below;
      (2)   A violation of this chapter is deemed a per se public nuisance authorizing the city to seek abatement through injunctive relief or any other appropriate remedy from a court of competent jurisdiction. All city approvals and licenses shall be suspended until abatement of the nuisance condition(s). Nothing in this section shall preclude the city from concurrently seeking the enforcement of the provisions of this chapter by criminal prosecution or administrative fine.
§ 6.45 MASSAGE THERAPY ESTABLISHMENTS.
   (A)   Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
      EMPLOYEE. A person who is paid an hourly wage by a licensee for performing work in licensee’s massage establishment.
      MASSAGE.
         (a)   Scientific manipulation of the soft tissue of the body of one person with the hands of another person for the purpose of relaxation or therapy.
         (b)   The practice of MASSAGE is declared to be distinct from the practice of medicine, surgery, osteopathy, chiropractic, nursing, physical therapy or podiatry by persons duly licensed or registered in the state to practice such, and does not include athletic directors and trainers employed by a school or bona fide athletic team, beauty culturists or barbers.
      MASSAGE ESTABLISHMENT. Any business establishment having a fixed place of business where any person engages in, or permits another person to be engaged in, the massage of clients, including health clubs, beauty salons, saunas and steam baths that offer massage therapy, but excluding residential premises where massage therapy if practiced as a home occupation.
   (B)   License required. No person shall engage in the business of operating a massage establishment either exclusively or in connection with any other business enterprise without first obtaining a license for each massage establishment.
   (C)   Application for license. Application for a massage establishment license shall be made to the City Clerk on forms supplied by the Clerk. It shall contain the following information:
      (1)   A description of services to be provided;
      (2)   A description and location of the premises to be licensed;
      (3)   The full names and addresses of the property owner, business owner, lessee and manager, operator and the date of birth of each;
      (4)   If applicant is a corporation, the names and residence addresses of each of the officers and directors of the corporation and of each stockholder owning more than 10% of the stock of the corporation, and the address of the corporation itself, if different from the address of the massage establishment;
      (5)   If applicant is a partnership, the names and residence addresses of each of the partners, including limited partners, and the address of the partnership itself, if different from the address of the massage establishment;
      (6)   Whether any of the aforementioned individuals have ever been convicted of any crime or offense other than a traffic offense and, if so, a description of the offense as to time, place, date and disposition;
      (7)   Whether any of the aforementioned individuals has ever held a license to run a massage establishment or similar business in another jurisdiction and, if so, whether the license was ever revoked, suspended or denied; and
      (8)   The method of payment under which massage therapists are paid and the economic basis upon which massage therapists are paid.
   (D)   License fee and license year; separate license required for each place of business; display of license. The annual license fee shall be set at $50. A separate license shall be obtained for each place of business. The licensee shall display the license in a prominent place on the licensed premises at all times. A license, unless revoked, is for the one year, or part thereof, for which it has been issued.
   (E)   Issuance.
      (1)   No license under this section shall be issued unless it is approved by the City Clerk upon advice from the Police Department and unless the establishment has passed fire and health inspections. The City Clerk shall not approve any license if he or she has reasonable grounds to believe:
         (a)   The granting of the license would result in violations of the law;
         (b)   The license application contains false or misleading statements; and
         (c)   Other good cause exists for denying the license.
      (2)   If the Chief of Police or City Clerk finds that they do not have adequate information to evaluate a license application, they may hold the application for up to 30 days for further investigation. During this period they may direct the applicant, manager or agent to appear at any reasonable time and place to give, under oath, information concerning the application. No license shall be granted to any applicant who refuses to appear and cooperate with the investigation.
   (F)   Massage therapists; employment relationships; licenses required.
      (1)   No massage establishment licensee shall permit any person to perform a massage in the licensee’s massage establishment unless the person is an employee of the licensee and unless the person is licensed as a massage therapist as provided herein. No person shall massage another for compensation unless the person has obtained a massage therapist license as provided herein and unless the person is the licensee of the massage establishment or an employee of the licensee of the massage establishment or is lawfully engaging in a massage practice as a home occupation.
      (2)   Massage therapist licenses shall be issued by the City Clerk after approval by the Chief of Police. Applicant must be 18 years of age or over, of good moral character and eligible for a license under the terms of M.S. Ch. 364, as it may be amended from time to time, and the provisions of this section. The applicant must also have successfully completed a course of study in massage of not less than 500 hours from a recognized school where the theory, method, profession or work of massage is taught; except that, any person licensed as a massage therapist before 7-15-2001 may continue to receive a license notwithstanding the fact the therapist has less than 500 hours of training. The applicant shall submit a diploma, certificate or other written proof of educational attainment with the application, including the name and address of the school.
      (3)   An application for the license shall be filed with the City Clerk, which application shall state the name, address, date of birth, criminal record and other pertinent information as required by the Chief of Police. Upon receipt of the application, the Chief of Police shall cause all necessary investigations to be made so that he or she may approve or disapprove of the license.
      (4)   The fee for the license shall be set in accordance with division (D) above. The license year shall be from January 1 to December 31 and shall not be prorated.
   (G)   Prohibited acts.
      (1)   No massage establishment shall:
         (a)   Remain open between 1:00 a.m. and 6:00 a.m. on any day;
         (b)   Hire as a massage therapist any person who is not licensed pursuant to this section;
         (c)   Require or permit any massage therapist to pay any fee, rent or sum of money for the right to perform massages in the massage establishment or require massage therapists to pay any other fee as a term or condition of employment;
         (d)   Allow any alcoholic beverages to be kept, sold, dispensed or consumed on the premises; and
         (e)   Permit massages to be given in any cubicle, room or booth with a locking door.
      (2)   No massage therapist shall:
         (a)   Massage or offer to massage the genital area of any customer; and/or
         (b)   Perform or offer to perform any act prohibited by the city code.
   (H)   Massage therapists not to live on licensed premises.
      (1)   No massage therapist shall maintain his or her living quarters on the licensed premises of any massage establishment.
      (2)   No license shall be granted to any massage therapist who does not maintain separate living quarters from the rooms where massages are performed, unless the massage therapist is lawfully engaging in a massage practice as a home occupation.
   (I)   License to maintain order on premises. The licensee, or, in the case of a corporate licensee, the manager of any massage establishment, shall personally supervise the business operations and shall have a non-delegable duty to ensure that no acts of prostitution, sexual misconduct or other violations of this section occur on the licensed premises. To this end, every act done in violation of this section on the licensed premises by an employee, manager or agent of the licensee, shall also be deemed to be an act of the licensee.
   (J)   Suspension and revocation of licenses. The City Clerk may revoke or suspend any license issued pursuant to this section if, after giving the licensee an opportunity to be held on the matter, he or she finds:
      (1)   The licensee has violated a provision of this section or any other law relating to the conduct of its operation including, but not limited to, state, federal or local laws on morals, prostitution, health, fire safety or liquor;
      (2)   The licensee secured the license through misrepresentation or fraud or misstated any material fact in the application;
      (3)   Failure of the licensee to cooperate with police, fire or health officers in any investigation relating to their operations or failure to admit police officers into the establishment at any time when people are present in the establishment;
      (4)   The establishment is operated in such a way as to endanger public health or safety; and/or
      (5)   The establishment is operated in such a way as to constitute a public nuisance.
   (K)   Appeals. Any person aggrieved by a licensing decision of the City Clerk under this section may appeal the decision to the City Council by filing written notice of appeal with the City Clerk within 15 days after the decision is rendered.
(Adopted 2-22-2005)
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