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WS — Item 6 <br />WORK SESSION STAFF REPORT <br />Work Session Item 6 <br />Date: January 3, 2012 <br />To: City Council <br />From: Paul Bengtson <br />Re: Business Licensing <br />Background <br />At the December 5, 2012 work session, the City Council discussed a request to license <br />massage therapy businesses. The State does not currently license or register message <br />therapists but therapists are regulated. Minn. Stat. Chapter 146A identifies prohibited <br />provider conduct and authorizes the Department of Health to take disciplinary action <br />against noncompliant providers. Funds for the purpose of enforcement are very limited. <br />In order to control prostitution and to provide for health and sanitation standards, some <br />cities have entered into the traditional state domain of health -care licensure by enacting <br />ordinances that require all massage therapists to obtain a local professional license. These <br />ordinances help local law enforcement officers to identify legitimate providers. <br />The Council directed staff to solicit input on the issue and business licensing in general, <br />from the Planning and Zoning Board. The board discussed the issue at its December 14, <br />2011 Planning and Zoning Board meeting. Staff presented the same information to the <br />Planning and Zoning Board, but expanded the discussion to also include the option of <br />expanding the certificate of occupancy program. <br />The Board was not supportive of the addition of business licensing for massage therapists <br />or general business licensing as it could be a discouraging factor to new businesses with <br />little benefit to the city. The Board did however see value in requiring certificates of <br />occupancy for every new business or occupant of a commercial /industrial structure. It <br />would help protect the public safety /welfare of the city and aid in enforcing the zoning, <br />building, and existing licensing requirements. Staff intends to research and propose a <br />revised certificate of occupancy program to include in the ongoing zoning ordinance <br />update required by the adoption of the 2030 Comprehensive Plan. <br />Requested Council Direction <br />Staff seeks direction on whether the council is interested in pursuing massage therapy <br />licensing, general business licensing, and any comments you may have on the expanded <br />certificate of occupancy program. <br />