(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)