HomeMy WebLinkAbout2017-006 Council Ordinances1st Reading: NnvPmber
27,
2017
Publication: nPcPmhPr 19, 2017
2°dReading: nPramhPr
11
7n17
Effective: January 18. 2018
CITY OF LINO LAKES
ORDINANCE NO. 06-17
AMENDING THE CITY CODE BY ADDING A NEW CHAPTER 616 RELATING TO
THERAPEUTIC MASSAGE; AND AMENDING CHAPTER 601 RELATING TO
CRIMINAL HISTORY LICENSE BACKGROUND INVESTIGATIONS; AND
AMENDING THE 2018 LINO LAKES FEE SCHEDULE
The City Council of Lino Lakes do ordain as follows:
Section 1. That the Lino Lakes Code of Ordinances be amended by adding thereto
a new Chapter 616 to read as follows:
CHAPTER 616. THERAPEUTIC MASSAGE
616.01 PURPOSE AND FINDINGS
The purpose of this chapter is to regulate massage therapists and therapeutic massage
businesses. Therapeutic massage businesses are subject to abuses that are contrary to the
morals, health, safety and general welfare of the community. Control of these abuses requires
efforts on the part of the City and its Public Safety Department.
616.02 DEFINITIONS.
For the purpose of this chapter, the terms defined in this section shall have the following
meanings ascribed to them.
Applicant: Any corporation, partnership, or other business or individual filing an
application with the City seeking a massage therapist or therapeutic massage business license
pursuant to this chapter.
Client: An individual receiving therapeutic massage services.
Department: The Public Safety Department.
Director: The Director of the Public Safety Department or his or her duly -appointed
designee.
Employees: All employees, agents, contractors, or other persons associated with a
therapeutic massage business who spend a significant amount of time on the premises of a
therapeutic massage business or who assist in or administer therapeutic massage services, whether
or not on the premises. A self-employed massage therapist is considered to be an Employee for
purposes of this chapter.
Licensee: The holder of a license to operate a therapeutic massage business or work as a
massage therapist.
Massage Therapist: A person who practices or administers therapeutic massage services.
Premises: The physical location(s) identified by the applicant where therapeutic massage
services are to be administered, excluding hospitals, sanatoriums, rest homes, nursing homes,
boarding homes, or other institutions for the hospitalization or care of human beings, duly licensed
under the provisions of Minnesota Statutes, Sections 144.50 through 144.69, and also excluding
locations where therapeutic massages services are only sporadically administered, such as the
homes of therapeutic massage clients. The home of a massage therapist where therapeutic massage
services are regularly administered constitutes a licensed premises.
Therapeutic Massage Business: Operation of a business that employs and/or contracts
with massage therapists to administer therapeutic massage services for a fee, including self-
employed massage therapists, and other than a hospital, sanatorium, rest home, nursing home,
boarding home, or other institution for the hospitalization or care of human beings, duly licensed
under the provisions of Minnesota Statutes, Sections 144.50 through 144.69, whether or not the
therapeutic massage services are rendered at the licensed premises. This does not include
massage therapists working under the supervision of a licensed medical practitioner.
Therapeutic Massage Services: The rubbing, stroking, kneading, tapping, or rolling of the
body of another with the hands or objects for the exclusive purpose of physical fitness,
relaxation, or beautification, and for no other purpose, including specified sexual activities
defined in section 614.02 of this title.
616.03 LICENSE REQUIRED.
Except as provided for by Minnesota Statutes, Section 471.709, no individual shall
practice, administer or provide therapeutic massage services to the public, and no corporation,
partnership, other business or individual shall engage in the business of operating a therapeutic
massage business as defined in Section 616.02 of this chapter, either exclusively or in connection
with any other business enterprise, without first obtaining a license issued by the city.
616.04 APPLICATION FOR LICENSE; LICENSE FEE
(1) Application. An application form for a massage therapist or therapeutic massage
business license shall be made available by the City Clerk. In addition to the general licensing
application requirements included in Section 601.02 of this Code, each written application for a
massage therapist or therapeutic massage business license shall contain the following:
(a) If the application is made on behalf of a corporation, partnership, or other
business, it shall be accompanied by appropriate business records showing the names and
addresses of all individuals having a pecuniary interest in the business and, in the case of a
corporation, the names and addresses of the officers and shareholders.
(b) If the applicant intends to utilize a Premises to provide therapeutic massage
services, applicant shall furnish to the city the address of the Premises and the city zoning
designation for the Premises, as well as the applicant's interest in the Premises, such as a lease,
deed, or contract for deed. If the application is by a natural person, it shall be signed and sworn
to by that person; if by a corporation, by one of the officers; if by a partnership, by one of the
partners, and if by an unincorporated association, by the manager or managing officer thereof.
(c) Personal history form(s) providing information to the Department for the
purpose of conducting a background check on all anticipated Employees and the individuals
identified in Section 616.04, subd. 1(a) of this chapter.
(d) Verification that all Employees anticipated to perform therapeutic massage
services on behalf of the therapeutic massage business are certified or have experience defined in
Section 616.06, subd. 6 of this chapter.
(2) License, Background and Miscellaneous Fees. A fee in the amount specified in the
city's ordinance establishing fees and charges shall be paid to the city along with the completed
application form. In the event that the license is denied upon application, the license fee shall be
refunded; however no part of the license investigation fee shall be returned to the applicant. No
part of the annual license fee shall be refunded if the license is suspended, revoked, or
discontinued. The initial license fee may be prorated. The licensee shall be responsible for any
city costs in enforcing the license provisions including but not limited to re -inspection fees and
attorney fees.
(3) Establishment Licensing/Individual Licensing. An applicant may apply for both a
therapeutic massage business license and massage therapist licenses for its Employees.
(4) License Term; Renewal. Each license shall be issued for a maximum period of one
year. Each license may be renewed only by making application as provided in Section 616.04 of
this chapter. All licenses expire on June 30 of each year.
616.05 CONDITIONS GOVERNING ISSUANCE; APPLICANT DATA
The city has established the following conditions governing the issuance of massage
therapist and therapeutic massage business licenses. The city is empowered to conduct any and
all investigations to verify applicant data, including ordering a computerized criminal history
inquiry and/or a driver's license/identification history inquiry on the applicant, anticipated
Employees, and all individuals identified in Section 616.04, subd. 1(a) of this chapter. The City
Council shall consider the issuance of a license to an applicant within 30 days after receipt of an
application unless one or more of the following, or any of the conditions in Section 616.06, are
found to be true:
(1) The applicant is under 18 years of age.
(2) The applicant is delinquent in his or her payments to the city of taxes, fees, fines or
penalties assessed against him or her.
(3) The applicant has failed to provide information reasonably necessary for issuance of
the license or has falsely answered a question or request for information on the application form.
(4) The applicant is unable to provide photo identification issued by a federal, state or
territory of the United States of America. This includes a valid passport, state -issued driver's
license, or other official form of identification
(5) The Premises has not been approved for occupancy and use by the appropriate city
personnel or is not in compliance with all applicable laws and ordinances.
(6) The license fee required by this chapter has not been paid.
616.06 CONDITIONS GOVERNING ISSUANCE; APPLICANT AND OTHER
DATA
If the applicant meets the criteria in Section 616.05, the City Council shall consider the
issuance of a license to an applicant within 30 days after receipt of an application unless any one
of the following apply to the applicant, its anticipated Employees, or any of the individuals
identified in Section 616.04, subd. 1(a) of this chapter:
(1) Conviction of a felony within five (5) years of the date an application for a license is
filed with the city.
(2) Conviction of any sexually oriented crime or ordinance violation, including, but not
limited to, Minnesota Statutes Sections 609.321-.324, 617.241, 617.293-.294,
617.246-.247, 617.23, 609.342-.345, 609.365, or criminal attempt, conspiracy, or
solicitation to commit any of the foregoing offenses within five (5) years of the date
an application for a license is filed with the city.
Has been determined to have engaged in any conduct prohibited by Minnesota
Statutes Section 146A.08, as it may be amended from time to time, within five (5)
years of the date an application for a license is filed with the city.
(4) Under requirement to register as a predatory offender under Minnesota Statutes
Section 243.166, or any similar law in Minnesota or elsewhere, within ten (10) years.
(5) Have had a massage therapist or therapeutic massage business denied or revoked by a
state, city or other licensing authority within five (5) years.
(6) Has been ordered to pay civil penalties by a state, city or other licensing authority
within five (5) years.
(3)
(7) Cannot provide proof of their eligibility to work in the United States.
(8) Fail to meet one of the following criteria:
(a) Current certification from National Certification Board for therapeutic
Massage and Bodywork; or
(b) Membership with the American Massage Therapy Association (AMTA) or
Associated Bodywork and Massage Professionals (ABMP); or
(c) Graduation from an educational institution which is either registered with the
MN Higher Education Office, or recognized by one of the accredited professional associations
listed above, is a member of AMTA or ABMP.
With respect to (1)-(8) of this Section, a pending appeal shall have no effect on the
determination whether to issue a license.
616.07 RESTRICTIONS ON LICENSE; REGULATIONS
(1) Inspection. No therapeutic massage business that operates out of a Premises shall be
granted a license or renewal of a license without passing a city inspection to determine
compliance with this chapter. Compliance shall be determined in accordance requirements set
forth in Section 616.08 of this chapter.
(2) Minors. No person shall give, or assist in the giving, of any therapeutic massage
services to any person under the age of eighteen (18) years, unless the parent or guardian of such
minor person has consented thereto in writing.
(3) List of Services. The licensee or a designated Employee or individual identified in
Section 616.04, subd. 1(a) of this chapter shall post or provide to the client a list of services
available and the cost of each. No massage therapist shall offer or perform any service other than
those posted or listed.
(4) Complementary and Alternative Health Care Client Bill Of Rights. Prior to providing
therapeutic massage services, the licensee or a designated Employee or individual identified in
Section 616.04, subd. 1(a) of this chapter must provide clients with the complementary and
alternative health care client bill of rights as stated by Minnesota Statutes, must have the client
sign a written statement attesting that the client has received the statement, and must comply
with all other requirements of state law in chapter 146A or other applicable law. The licensee or
a designated Employee or individual identified in Section 616.04, subd. 1(a) of this chapter must
post a copy as required by law and ensure compliance with the statutory provisions.
(5) Compliance with Law. The licensee, Employees, and individuals identified in Section
616.04, subd. 1(a) of this chapter shall comply with applicable ordinances, regulations, and laws
of the city, the state of Minnesota, and the United States.
(6) Hours of Operation. Massage therapists shall not perform therapeutic massage
services nor shall clients be permitted on a Premises between the hours of 11:00 p.m. and 8:00
a.m.
(7) Posting of License. The license, if granted, shall state on its face the name of the
licensee, the expiration date, and the address of the Premises. The license shall be posted in a
conspicuous place at or near the entrance to Premises so that it may be easily read at any time.
Transient individual massage therapists must provide a copy of their current license when
performing therapeutic massage services within the city upon request.
(8) Transfer of License Prohibited. A licensee shall not transfer his or her license to
another, nor shall a licensee change the location of a Premises under authority of a license
without providing the city with notice of a change in location prior to such a change occurring.
(9) Windows. The exterior windows of the commercial Premises must not be one hundred
percent (100%) opaque during hours that the Premises is open for business, except for windows
in massage rooms and restrooms.
(10) Advertising. No licensee shall advertise through any media that is classified for
adults only or for sexually oriented business or similar classification, or use any advertising that
refers to therapeutic massage services as appealing to or satisfying an erotic or prurient interest,
lust, sexual or passionate desire.
(11) Clients. Clients shall at all times have his/her anus, intergluteal cleft (buttocks
crease) and genitals covered with clothing or properly draped with nontransparent material. The
person who is receiving massage therapy of the breast or buttocks (gluteal) shall have the breast
or buttock (gluteal muscle) that is not then immediately receiving massage therapy properly
covered and draped with nontransparent material.
616.08 INSPECTION.
(1) Inspection Access. The applicant or licensee shall permit the Director or his/her
authorized representative to inspect the Premises for the purpose of ensuring compliance with the
law, at any time the therapeutic massage business is occupied or open for business.
(2) Requirements. The applicant and licensee shall meet the following requirements:
(a) A therapeutic massage business must take reasonable steps to prevent the
spread of infections and communicable diseases on the Premises.
(b) Premises must be equipped with adequate and conveniently located toilet
room(s) for the accommodation of its Employees and Clients. The toilet room(s) must be well
ventilated by natural or mechanical methods and be enclosed with a door. The toilet room(s)
must be kept clean and in good repair and be fully and adequately illuminated.
(c) A therapeutic massage business must provide single service disposal paper or
clean linens to cover the table, chair, furniture or area on which the Client receives the
therapeutic massage services and must be sanitized after each administration of therapeutic
massage services.
(d) Therapeutic massage tables, chairs or furniture on which the Client receives
therapeutic massage services must have surfaces that can be readily cleaned and disinfected after
each massage.
(e) The massage therapist must wash his or her hands and arms with water and
soap, antibacterial scrubs, alcohol or other disinfectants prior to and following each
administration of therapeutic massage services.
(f) Rooms in a Premises must be fully and adequately illuminated.
(g) A Premises must have a janitor's closet that provides for the storage of
cleaning supplies.
(h) Premises must provide adequate refuse receptacles.
(i) Premises must be maintained in good repair and sanitary condition.
(j) Premises must comply with the requirements of Minnesota Statutes Section
144.411 et seq.
(k) Any massage therapist shall at all times be dressed professionally.
616.09 GROUNDS FOR SUSPENSION OR REVOCATION.
(1) Suspension. The City Council may suspend a license for a period not to exceed sixty
(60) days if it is determined that a licensee, an Employee, or an individual identified in Section
616.04, subd. 1(a) of this chapter:
(a) Violated any provisions of this chapter;
(b) Engaged in excessive use of alcoholic beverages or use of illegal drugs while
on the Premises, or prior to or while administering therapeutic massage services;
(c) Refused to allow an inspection of the Premises as authorized by this chapter;
(d) Demonstrated inability to operate or manage the therapeutic massage business
in a peaceful and law abiding manner thus necessitating action by law enforcement officers;
(2) Revocation. The City Council may revoke a license if a cause of suspension in
Subdivision 1 of this section occurs and the license has been suspended within the preceding
twelve (12) months, or if any of the following are true:
(a) A licensee gave false or misleading information in the material submitted
during the application process.
(b) A licensee, Employee, or individual identified in Section 616.04, subd. 1(a) of
this chapter knowingly allowed illegal possession, use, or sale of controlled substances on the
Premises.
(c) A licensee, Employee, or individual identified in Section 616.04, subd. 1(a) of
this chapter knowingly operated the therapeutic massage business during a period of time when
the licensee's license was suspended.
(d) A licensee is convicted of any offense listed in Section 616.06 of this chapter,
or if any subdivision (3), (5), or (6) of Section 616.06 are true.
(e) A licensee permits an Employee to perform therapeutic massage services for
the therapeutic massage business, when the licensee knows that that person has been charged or
convicted of any offense listed in Section 616.06 of this chapter, or, with respect to that person, if
any of subdivisions (3), (5), or (6) of Section 616.06 are true.
(e) The licensee is delinquent in his or her payments to the city of taxes, fees,
fines or penalties assessed against him or her.
(3) Conviction Appeal. A pending appeal of a conviction shall have no effect on, nor an
appeal of anything in subdivisions (3), (5) or (6) of Section 616.06 shall have no bearing on, the
suspension or revocation.
(3) No license shall be suspended or revoked unless the licensee has been given written
notice and a public hearing. The notice shall give at least ten days' notice of the time and place
of the hearing and shall state the nature of the charges against the licensee. The City Council
may, without any advance notice or hearing, suspend any license pending a hearing on
revocation for a period not exceeding 15 days.
Section 2. That the Lino Lakes Code of Ordinances, Chapter 601.05, subdivision 2,
be amended to read as follows:
(2) Criminal history license background investigations. The Lino Lakes Police
Department is hereby required, as the exclusive entity within the city, to do a criminal history
background investigation on the applicants for the following licenses within the city:
(a) Liquor;
(b) Tobacco;
(c) Cabaret;
(d) Lawful gambling;
(e) Special event;
(f) Peddler, solicitor, transient merchant;
(g) Taxicab;
(h) Pawnbroker, precious metal dealers, secondhand good dealers; and
(i) Adult uses (sexually -oriented businesses).
(j) Massage therapist and therapeutic massage business.
Section 3. That the Lino Lakes 2018 Fee Schedule be amended to read as follows:
BUSINESS & MISCELLANEOUS
Massage Therapist License (Individual) $50.00 annually
Therapeutic Massage Business License $200.00 annually
Section 4. This ordinance shall be in force and effect from and after its passage and
publication according to the Lino Lakes City Charter.
Adopted by the Lino Lakes City Council this 1 lth day of December, 2017.
The motion for the adoption of the foregoing ordinance was introduced by Council
Member Rafferty and was duly seconded by Council Member Maher and upon
vote being taken thereon, the following voted in favor thereof:
Rafferty, Maher, Manthey, Kusterman, Reinert
The following voted against same:
none
Jeff RemeMayor
ATT ST:
u i e Bartell, Ci i Cle
STAFF ORIGINATOR:
MEETING DATE:
TOPIC:
VOTE REQUIRED:
INTRODUCTION
CITY COUNCIL
AGENDA ITEM 3A
Julie Bartell, City Clerk
December 11, 2017
i. Consider 2nd Reading and Adoption of Ordinance No. 06-17,
Adding Chapter 616 to the Lino Lakes Code of Ordinances,
regarding Therapeutic Massage;
ii. Consider Resolution No. 17-152, Authorizing Summary
Publication of Ordinance No. 06-17
3/5
Municipalities in the State of Minnesota have regulatory authority and can license certain
business activities in order to prevent public nuisance and protect the public welfare within
their jurisdiction.
BACKGROUND
The business of therapeutic massage is occurring within the city. Therapeutic massage can be
a legitimate form of health care and/or a maintenance technique for individuals. There is
equal recognition, however, that there is the potential for illicit massage operations.
Accordingly; in order to protect against the existence of illicit operations and to protect the
public health, safety and welfare, including protection of the City's legitimate massage
therapists' profession and reputation, staff recommends that it is necessary to regulate the
business of therapeutic massage through a licensing process.
Ordinance No. 06-17 would add language to the City Code that institutes a license requirement
for both therapeutic massage businesses and individual massage therapists. The ordinance
provides for the following process:
- License application submitted to the City with payment of an established fee (to be
included in fee schedule);
- Application reviewed and a background check performed by Public Safety Department;
- Recommendation on the issuance of a license, based on concurrence with the city's
regulations, forwarded by staff to the City Council for consideration;
- License may be issued for a maximum of one year; issuance and renewal contingent
upon meeting the conditions established in the ordinance including inspection of
premises.
If the ordinance is approved, the city will attempt to notify existing businesses (or individuals
and will establish a specified period of time to apply for a license.
RECOMMENDATION
Consideration of the 1st Reading of Ordinance No. 06-17, Adding Chapter 616 to the City Code
relating to Therapeutic Massage.
ATTACHMENTS
Ordinance No. 06-17
Resolution No. 17-152