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<br />--- ORDINANCE NO. 96-583 the name, place and length of time of the
<br />involvement in such activity,
<br />CITY OF MOUNDS VIEW c, For applicants thaI are partnerships:
<br />COUNTY OF RAMSEY (1) lhe names and addresses of general and
<br />':~ , STATE OF MINNESOTA limited parlners and the information
<br />AN ORDINANCE RELATING TO conceming each general partner described it,
<br />THERAPEUTIC MASSAGE LICENSE subd, 1.b. of this section;
<br />-.BEGULATIONS: AMENDING TITLE 500 OF (2) the managing partners must be
<br />y.1iHEMOUNDS VIEW MUNICIPAL CODE BY designated, and the interes.t of each general
<br />':~'~.{ ADDING A NEW CHAPTER 514 and limiled partner in the business must be
<br />"TMI:: CITY OF MOUNDS VIEW ORDAINS: disclosed;
<br />- Section 1, Tille 500 of the Mounds View (3) a true copy of the partnership agreement
<br />Municipal Code is amended by adding a new must be submitted with lhe application, and if
<br />Chapter to read: the partnership is required to file a certificate
<br />- - ChaDter 514: T/1eraoeutlc Massage as to a trade name under Minnesota Statutes,
<br />c. 914,01, Findings, 11 is found and determined section 333,02, a certified copy of that
<br />"lhBt: certificate must be submitted,
<br />,Jl,. persons who have recognized and The license if issued will be in the name of
<br />~ardized training in therapeutic massage, the partnership,
<br />htl,alth and hygiene provide a legitimate and d, For applicants that are corporations:
<br />"o~ssary service 10 the general public; (1) the name of the organization, and if
<br />('"b.- heallh and sanitation regulations incorporated, the stale of incorporation;
<br />igO\leming lherapeutic massage enterprises (2) a true copy of the cetlificate of
<br />1and.. massage therapists will minimize the risk incorporation, and, if a foreign corporation, a
<br />of .lhespread of communicable diseases and cerlificate of aulhority as described in
<br />'prcsmote health and sanitation; Minnesota Slatutes, section 303,02;
<br />eo _c,: license qualifications for lherapeutic (3) the name of the general manager,
<br />massage enterprises and massage therapisls corporate officers, proprietor, and other
<br />will minimize the risk that such businesses person in charge 6f the premises to be
<br />and persons may facilitate prostitution and licensed, and the information about those
<br />other criminal activity in the city; and persons described in subd. 1,b,;
<br />- d. massage services provided by'persons (4) a list of the persons who own or have a
<br />,'with without recognized andslandardized controlling interest in the corporation or
<br />')Rjlning in massage can endallger citizens by organization or who are officers of the
<br />.f\\cllitating lhe spread of communicable corporation or organization, together with lheir
<br />'diseases, by exposing citizens to unhealthy addresses and the information regarding such
<br />and unsanitary conditions, and by increasing persons described in s,ilbd, 1,b, of lhis
<br />the risk of personal injury, section,
<br />514,02, Definilions, The terms defined in Subd, 2, Theraoeutic massage therapist. An
<br />-this section have the meanings given them. application for a therapeutic massage
<br />'~:$.'ubd. 1,"Clean" means the absence of dirt, therapist license must contain the following
<br />"gf.Eiase, rubbish, garbage and other offensive, information:
<br />unsightly or eXlraneous matter. a, the applicant's name and address;
<br />-Subd, 2, "h, g()od repair" means free of b, the applicant's current employer;
<br />corrosion, breaks,.cracks, chips, pitting, c, the applicant's employers for the previous
<br />excessive V(ear,and tear, leaks, obst~uctions five years", including e.mpi9,yer's name,."
<br />"anctslmi/ar defects. \ address anqdates, of employment;
<br />,-~::~~ 3.. ~Mas$.aoa:.meanst;'e rubbing, d. the applicant's residence address for lhe
<br />$troking, kneading, tapping or rolling of lhe previous five years; - .__.
<br />l:lpdy of another person with lhe hands for lhe e. the applicanl's social securily number,
<br />'purpose of Physical fitness, health-care date of birth, home telephone number, weight,
<br />referral, relaxalion and for no olher purpose, height, color of .eyes and color of hair;
<br />'I '~bd, 4. "Operate" means to own, manage f, if the applicant has ever been convicted of
<br />_or _conduct,or 10 have control, charge or a felony, crime or violation of an ordinance
<br />cu~dy over. . other than a minor traffic offense and, if so,
<br />.~s.:ubd. 5. "Therapeutic massage enterprise" the time, place and offense involved in the
<br />means a pllilce of business providing convictions;
<br />"lTIassage services 10 the public for g, if the applicant has ever used or been
<br />consideration: the term does not include a known by a name olher than. the applicant's
<br />h.o~pital, sanitarium, rest home, nursing name, and if so, the name or names and
<br />'"1'ijjme, boarding home or other instilution for information concerning dates and places
<br />t~'e .\'lospitalization or care of other human where used;
<br />beings duly licensed under the provisions of h. evidencelhat the applicant:
<br />Minnesota Statutes, Sections 144,50 through (1) has current insurance coverage oVer
<br />1'44.69, $1,000,000 for professional liability in the
<br />~~~d. 6, "Therapeulic massage lherapist" practice of massage;
<br />. means a person who practices or administers (2) is affiliated with, employed by or owns a
<br />,.mllssage 10 the public for consideration, therapeutic massageenlerprise licensed by
<br />~<,Subd. 7, "In the cily" means physical the city;
<br />'l>>'eSence as well as telephone referrals such (3) has completed 400 hours of certified
<br />- a!!.'p..hone-a-massage operations in which the therap.eutic massage training from a
<br />). .~I ~~iness pr~mise. s, ,although not physically recognized school thaI has been approved by
<br />,~~,ed Wllhln the City, serves as a point of the Clerk-Administrator;
<br />allsignment of employees who respond 10 (4) has one year of experience practicing
<br />lists for services from in lhe city, massage therapy as eSlablished by an
<br />, .03. License required, affidavit and can documenl wilhin lwo years of
<br />'..: . d, 1. Theraoeutic massage enterorise, 11 obtaining the license thaI the person has
<br />J1S"t1.nlawful to operate, offer, engage in or completed 400 hours of certified therapeutic
<br />~ dtl"Y on massage servi.ces in lhe city with()ut massage training from a recognized school; if
<br />f s'1\1erapeulic massage enterprise license, such documentation cannol be established at
<br />~ ':Su,bd. 2: Theraoeutic massage therapist the lime of license renewal, the license will
<br />~~, It IS unlawful to practice, administer or not be renewed and the perSon who received
<br />~~'1de m.assage services in the city without a the license based upon experience may not
<br />~t~peullc massage therapist license, receive a license in the future unless the
<br />: ,~~,04, Exemotions. A therapeutic massage person has the requisite certified hours.
<br />i...~nte. rp~ise ~icense. ~r therapeutic m(issage i, other information'that the city council may
<br />lheraplst license IS not required for the require,
<br />'f~I<!~lng persons and places: 514,07, Aoolication and investigation fees,
<br />~'.;a',persons licensed by lhe state to practice The fees for a massage enlerprise and
<br />: ,!!e.d,1clne, surgery, osteopathy,. chiropractiC', therapist licenses are set forth from time to
<br />iphf'ical therapy or podiatry, provided thaI the time by City Council resolution, An
<br />~nlll$Sage i~ administered in the regular course investigalion fee will be charged for
<br />~Q! the medlcel. treatment not provided as part lherapeutic massage enlerprise licenses. An
<br />joHi.separate and distinct massage business; application for either license must be
<br />li.,.,p.,persons licensed by the state as beauty accompanied by payment in full of the
<br />l<I<"turists or barbers, provided the persons do required license and investigation fees, if
<br />lIl'eIf'hold themselves out as giving massage applicable.
<br />treatments and provided that massage by 514,08, Aoolication verification and con-
<br />"J19:l!~y culturists is limited to the head, hand, ~.
<br />iiEli:k and feet and the massage by barbers is Subd. 1, Theraoeutic massage enterprise
<br />l. . limited to the head and neck; ~, The Clerk-Administrator must verify
<br />c. persons working solely under the the informalion supplied on lhe license
<br />. .. dirl!9tion and control of a person duly licensed application and invesligale the background,
<br />"by.the state to praclice medicine, surgery, including the criminal background, of the
<br />o~tEibpathy, chiropractic, physical therapy or applicant to assure compliance wilh lhis
<br />~!1Ialry;' seclion. Within 90 days of receipt of a
<br />,It. places licensed or operating as. a complete applicalion and fee for a therapeutic
<br />hospital, nursing home, hospice, sanitarium or massage enterprise license, the Clerk-
<br />--group home established for hospitalization or Administrator must make a wrillen
<br />n'l8c!llcal care; and re.commendalion 10 the city council as to
<br />" .e:;~ athletic coaches, directors and'trainers issuance or nonissuance of the license, The
<br />~l;rlPtoyed by public or private schools, . city council may order additional investigation
<br />514.05. General rule..The owner or operalor .if il deems it necessary, bul musl grant or
<br />. of- a licensed therapeutic massage enterprise deny the application within 120 days of receipt
<br />m,ay employ only licensed therapeutic by lhe Clerk-Administralor of the complete
<br />r1'lllSsage therapists to provide massage application and required fees.
<br />services. The owner or operator of a licensed Subd. 2. Therapeutic massalJe therapist
<br />therapeutic massage enlerprise need not be ~,Within 90 days of receipt of a
<br />,1ic;enSed as a therapeutic massage therapist complete applicalion and fee for a therapeulic
<br />:ll'hIess thaI owner or operator personally, massage lherapist license, the Clerk-
<br />provides massage services, Administrator must grant or deny lhe
<br />)~.06. License aoollcalion. application, Notice will be sent to lhe applicanl
<br />--9Ubd.' 1. Theraoeutic massage enterprise, upon a denial informing lhe applicant of the
<br />The application .for a lherapeulic massage right to appeal to the city council within 20
<br />8Jlterprise license must contain the following days. If an appeal is prop,erly made, the
<br />inf<1f"lation: matter will be placed on lhe neXl available city
<br />'a(for all applicants: council agenda, '
<br />~T.l:U whether the applicant is an individual, 514,09, Persons ineligible for license,
<br />~Jq.r.poration, partnership or other form of Subd, 1, Therapeutic massaQe enterprise
<br />~ or!llinization; ~, A therapeutic massage enterprise
<br />~ (2) lhe legal description of the premises to license may not be issued to an individual
<br />~ be licensed together with a plan of the area who:
<br />f shf/wing dimensions, location of buildings, a, is a minor at the lime the application is
<br />. st~t access and parking facilities; filed;
<br />~ (3) the floor number, street number andf . b, has been convicted of any crime directly
<br />I rooms where the massage services are to be \',relhtei to the occupation licensed as
<br />~Mucted' prescrfbed by Minnesota Statutes, section
<br />all real estate and personal 364,03, subdivision 2, and who has not shown
<br />,that are due and payable for competent evidence of. sufficient rehabilitalion
<br />and present fitness to perform the duties and
<br />
<br />
<br />Subd, 2-:-Area. Alherapeutic massa
<br />enterprise license is effecliveonly for 1
<br />compact and contiguous space specified
<br />the approved license application., If t
<br />licensed premises is enlarged, altered
<br />extended, the licensee must inform the Cle
<br />Adminislrator, A licensed therapElU
<br />massage lherapist may perform on-s
<br />massage at a business, public galherir
<br />private home or other site not on t
<br />therapeutic massage enlerprise premises,
<br />Subd, 3, Transfer, The license issued is
<br />the person or the premises named on t
<br />approved license application, Transfer 01
<br />license from place to place or from person
<br />person is not permitted,
<br />Subd, 4, CoverinQs, The therapisl ml
<br />require that the person who is receiving 1
<br />massage will at all times have that persol
<br />breasts, buttocks, anus and genitals cover
<br />with non.transparent material or clothing,
<br />therapist performing massage must have t
<br />therapist's breasts, bullocks, anus al
<br />genitals. covered with a non-transpare
<br />material or clothing,
<br />Subd, 5, Prohibited massage, A the rap
<br />may not intentionally massage or offer
<br />massage the penis, scrotum, mons vener
<br />vulva or vaginal area of a person,
<br />514,12, Restrictions relJardinlJ sanitatil
<br />and health,
<br />Subd, 1. A therapeutic massage enterprl:
<br />must be equipped with adequate ar
<br />conveniently located toilet rooms for tt
<br />accommodation of its employees and patror
<br />the toilet room must be well '. ventilated I
<br />natural or mechanical methods and t
<br />enclosed with a door, The toilet room must t
<br />kept clean and in good repair and be fully ar
<br />adequately illuminated,
<br />Subd, 2, A therapeutic massage enterpri:
<br />must provide single-service disposal paper
<br />clean linens to cover the table, chair, fumitu
<br />o(~rea on which the palron receives t~
<br />massage, If the table, chair or furniture c
<br />:w!'iiGI:I' aji?tron receives the massage is mac
<br />of. material impervious 10 moisture, such tabl,
<br />chair or fumiture must be sanitized after eac
<br />massage.
<br />Subd, 3, The lherapeutic massage therapi
<br />must wash the therapist's hands and arrr
<br />with water and soap, a;'lti.bacterial scrub:
<br />alcohol or other disinfectants prior to an
<br />following each massage service performed,
<br />Subd, 4, Massage tables, chairs or furnitur
<br />on which the patron receives lhe massag
<br />must have surfaces that can be readil
<br />disinfected after each massaae,
<br />Subd, 5, Rooms in a therapeutic massag
<br />enterprise must be fully and adequate I
<br />illuminated, .
<br />Subd, 6, A therapeutic massage enterpris
<br />must have a janitor's closet. that provides fc
<br />the storage of cleaning supplies,
<br />Subd, 7, Therapeulic massage enterprise
<br />must provide adequate refuse receptacle
<br />that must be emptied as required by lhi
<br />code,
<br />Subd, 8. Therapeutic massage enterprise:
<br />must be maintained in good repair ani
<br />sanitary condition.
<br />Subd, 9, Therapeutic massage enterprise:
<br />m!Jst comply with the requiremenls of thE
<br />Minnesota Indoor Clean Air Act
<br />Subd, 10, A lherapeutic massage enterprisE
<br />must take reasonable steps 10 prevent thE
<br />spread of infections and communicablE
<br />diseases on the licensed premises, _
<br />Subd. 11, Massage therapists must weal
<br />cle~n clothing when performing massagE
<br />services,
<br />514,13, License term' renewals, License~
<br />expire annually on December 31, The license
<br />fee will be prorated in 30-day increments fOI
<br />licenses issued after June 30, The Clerk-
<br />Administrator must prepare an application
<br />form for the renewal of a license requiring
<br />information thaI the manager determines
<br />necessary fOr .consideration of the renewal.
<br />The renewal .application must be made no
<br />laler than November 30,
<br />514,14. Suspension' revocation, A license
<br />granted under this section may be suspended
<br />or revoked by the city council by resolu1ion
<br />upon, notice, and public hearing for any
<br />VIolation of th~s Chapter, a conviction of any
<br />cr,lme or misdemeanor or any fraud,
<br />mlsrepresentalions or incorrect slalemenl in
<br />the license application or in the course of
<br />operating or conducting business,
<br />514,15. Temoorary theraoist license.
<br />Subd, 1, The Clerk-Administrator may issue
<br />~ temporary therapeutic massage therapist
<br />license as provided in this subsection
<br />Subd, 2, A temporary massage iherapist
<br />license may be issued to a person who
<br />a, is qualified to hold a massage lherapisl
<br />license under this section'
<br />b, has completed the ~equired applicalion
<br />. and paid the license fee at least seven days
<br />prior to the effective date of the license,
<br />Subd, 3. A temporary license is effective for
<br />~our consecutive days, A person may nol be
<br />Issued more than three temporary licenses in
<br />any periOd of 360 consecutive days,
<br />Subd, 4. All other provisions of this section
<br />apply to lemporary licenses,
<br />514,16. Hours of operation, A licensed
<br />therapeutic massage enterprise may not
<br />operate .for business between the hours of
<br />9:00 p,m, and 7:00 a,m,
<br />514,17, Violations and Penallies. Any
<br />person who violales any provision of this
<br />Chapter is guilty of a misdemeanor and, upon
<br />conviction thereof, shall be punished as
<br />provided in Section 104,01 of this Code,
<br />Section 2, This ordinance is effective thirty
<br />days after its publicalion,
<br />Read by the City Council of the Cily of
<br />Mounds View this 26th day of AuguSl, 1996,
<br />Read and passed by the City Council of lhe
<br />City of Mounds View this 23rd day of
<br />September, .1996,
<br />
<br />ATTEST: Isl Chuck Whiling
<br />City Clerk-Administrator
<br />(Bulletin: Oct. 2, 1996)
<br />
<br />Is! Jerry Linke
<br />Mayor
<br />
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