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HomeMy WebLinkAboutOrdinance 583 . . . ORDINANCE NO. 96-583 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE RELATING TO THERAPEUTIC MASSAGE LICENSE REGULATIONS: AMENDING TITLE 500 OF THE MOUNDS VIEW MUNICIPAL CODE BY ADDING A NEW CHAPTER 514 THE CITY OF MOUNDS VIEW ORDAINS: Section 1. Title 500 of the Mounds View Municipal Code is amended by adding a new Chapter to read: Chapter 514: Therapeutic Massa~e 514.01 Findin~s. It is found and determined that: a. persons who have recognized and standardized training in therapeutic massage, health and hygiene provide a legitimate and necessary service to the general public; b. health and sanitation regulations governing therapeutic massage enterprises and massage therapists will minimize the risk of the spread of communicable diseases and promote health and sanitation; c. license qualifications for therapeutic massage enterprises and massage therapists will minimize the risk that such businesses and persons may facilitate prostitution and other criminal activity in the city; and d. massage services provided by persons with without recognized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. 514.02 Definitions. The terms defined in this section have the meanings given them. Subd. 1. "Clean" means the absence of dirt, grease, rubbish, garbage and other offensive, unsightly or extraneous marter. RCLI03942 MU125-40 1 . . . Subd. 2. "In good repair" means free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions and similar defects. Subd.3. "Massage" means the rubbing, stroking, kneading, tapping or rolling of the body of another person with the hands for the purpose of physical fitness, health-care referral, relaxation and for no other purpose. Subd: 4. custody over. "Operate" means to own, manage or conduct, or to have control, charge or Subd. 5. "Therapeutic massage enterprise" means a place of business providing massage services to the public for consideration: the term does not include a hospital, sanitarium, rest home, nursing home, boarding home or other institution for the hospitalization or care of other human beings duly licensed under the provisions of Minnesota Statutes, Sections 144.50 through 144.69. Subd. 6. "Therapeutic massage therapist" means a person who practices or administers massage to the public for consideration. Subd. 7. "In the city" means physical presence as well as telephone referrals such as phone-a-massage operations in which the business premises, although not physically located within the city, serves as a point of assignment of employees who respond to requests for services from in the city. 514.03 License required. Subd. 1. Therapeutic massage enterprise. It is unlawful to operate, offer, engage in or carry on massage services in the city without a therapeutic massage enterprise license. Subd. 2. Therapeutic massage therapist license. It is unlawful to practice, administer or provide massage services in the city without a therapeutic massage therapist license. 514.04 Exemptions. A therapeutic massage enterprise license or therapeutic massage therapist license is not required for the following persons and places: a. persons licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, provided that the massage is administered in the regular course of the medical treatment not provided as part of a separate and distinct massage business; b. persons licensed by the state as beauty culturists or barbers, provided the persons do not hold themselves out as giving massage treatments and provided that massage by beauty culturists is limited to the head, hand, neck and feet and the massage by barbers is limited to the head and neck; RCLI03942 MU125-40 2 . . . c. persons working solely under the direction and control of a person duly licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry; d. places licensed or operating as a hospital, nursing home, hospice, sanitarium or group home established for, hospitalization or medical care; and e. athletic coaches, directors and trainers employed by public or private schools. 514.05 General rule. The owner or operator of a licensed therapeutic massage enterprise may employ only licensed therapeutic massage therapists to provide massage services. The owner or operator of a licensed therapeutic massage enterprise need not be licensed as a therapeutic massage therapist unless that owner or operator personally provides massage services. 514.06 License application. Subd. 1. Therapeutic massage ente:cprise, The application for a therapeutic massage enterprise license must contain the following information: a. For all applicants: (1) whether the applicant is an individual, corporation, partnership or other form of organization; (2) the legal description of the premises to be licensed together with a plan of the area showing dimensions, location of buildings, street access and parking facilities; (3) the floor number, street number and rooms where the massage services are to be conducted; (4) whether all real estate and personal property taxes that are due and payable forthe premises to be licensed have been paid, and if not, the years and amounts that are unpaid; (5) if the application is for premises either planned or under construction or undergoing substantial alteration, the application must be accompanied by preliminary plans showing the design of the proposed premises; if the plans for design are on file with the building inspector, no plans need be submitted; (6) the name and street address of the business if it is to be conducted under a designation, name or style other than the name of the applicant, and a certified copy of the certificate required by Minnesota Statutes, section 333.02; RCLI03942 MU125-40 3 . (7) other information that the city council may require. b. For applicants who are individuals: (1) the name and date of birth and of the applicant and applicant's residence address; (2) if the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information concerning the dates and places where used; (3) residence addresses ofthe applicant during five years preceding the date of application; (4) the type, name and location of every business or occupation the applicant has been engaged in during the preceding five years; (5) names and addresses of the applicant's employers for the preceding five years; (6) ifthe applicant has ever been convicted of a felony, crime or violation of . an ordinance other than a minor traffic offense; if so, the applicant must furnish information as to the time, place and offense involved in the convictions; (7) if the applicant has ever been engaged in the operation of massage services; if so, the applicant must ~ish information as to the name, place and length of time of the involvement in such activity. c. For applicants that are partnerships: (1) the names and addresses of general and limited partners and the information concerning each general partner described in subd. l.b. of this section; (2) the managing partners must be designated, and the interest of each general and limited partner in the business must be disclosed; (3) a true copy of the partnership agreement must be submitted with the application, and if the partnership is required to file a certificate as to a . trade name under Minnesota Statutes, section 333.02, a certified copy of that certificate must be submitted. . The license if issued win be in the name of the partnership. RCLI0394.2 MU125-40 4 . . . d; For applicants that are corporations: (1) the name of the organization, and if incorporated, the state of incorporation; (2) a true copy of the certificate of incorporation, and, if a foreign corporation, a certificate of authority as described in Minnesota Statutes, section 303.02; (3) the name of the general manager, corporate officers, proprietor, and other person in charge of the premises to be licensed, and the information about those persons described in subd. l.b.; (4) a list of the persons who own or have a controlling interest in the corporation or organization or who are officers of the corporation or organization, together with their addresses and the information regarding such persons described in subd. 1. b. of this section. Subd. 2. Therapeutic massage therapist. An application for a therapeutic massage therapist'license must contain the following information: RCL103942 MU125-40 a. the applicant's name and address; b. the applicant's current employer; c. the applicant's employers for the previous five years, including employer's name, address and dates of employment; d. the applicant's residence address for the previous five years; e. the applicant's social security number, date of birth, home telephone number, weight, height, color of eyes and color of hair; f. if the applicant has ever been convicted of a felony, crime or violation of an ordinance other than a minor traffic offense and, if so, the time, place and offense involved in the convictions; g. if the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information concerning dates and places where used; h. evidence that the applicant: (1) has current insurance coverage over $1,000,000 for professional liability in the practice of massage; 5 . . . (2) is affiliated with, employed by or owns. a therapeutic massage enterprise licensed by the city; (3) has completed 400 hours of certified therapeutic massage training from a recognized school that has been approved by the Clerk- Administrator; (4) has one year of experience practicing massage therapy as established by an affidavit and can document within two years of obtaining the license that the person has completed 400 hours or certified therapeutic massage training from a recognized school; if such documentation cannot be established at the time of license renewal, the license will not be renewed and the person who received the license based upon experience may not receive a license in the future unless the person has the requisite certified hours. 1. other information that the city council may require. 514.07 Application and investigation fees. The fees for a massage enterprise and therapist licenses are set forth from time to time by City Council resolution. An investigation fee will be charged for therapeutic massage enterprise licenses. An application for either license must be accompanied by payment in full of the required license and investigation fees, if applicable. 514.08 Application verification and consideration. Subd. 1.. Therapeutic massage enteI:Prise license. The Clerk-Administrator must verify the information supplied on the license application and investigate the background, including the criminal background, of the applicant to assure compliance with this section. Within 90 days of receipt of a complete application and fee for a therapeutic massage enterprise license, the Clerk- Administrator must make a written recommendation to the city council as to issuance or nonissuance of the license. The city council may order additional investigation if it deems it necessary, but must grant or deny the application within 120 days of receipt by the Clerk- Administrator of the complete application and required fees. Subd. 2. Therapeutic massage therapist license. Within 90 days of receipt of a complete application and fee for a therapeutic massage therapist license, the Clerk-Administrator must grant or deny the application. Notice will be sent to the applicant upon a denial informing the applicant of the right to appeal to the city council within 20 days. If an appeal is properly made, the matter will be placed on the next available city council agenda. 514.09 Persons ineligible for license. Subd. 1. Therapeutic massage enteI:Prise license. A therapeutic massage enterprise license may not be issued to an individual who: RCL103942 MU125-40 6 . . . a. is a minor at the time the application is filed; b: has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, section 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes, section 364.03, subdivision 3; c. is not of good moral character or repute; d. is not the real party in interest of the enterprise; e. has misrepresented or falsified information on the license application. Subd. 2. Therapeutic massage therapist license. A therapeutic massage therapist license may not be issued to a person who could not qualify for a therapeutic massage enterprise license or who is not (i) affiliated with, (ii) employed by or (iii) does not hold, a therapeutic massage enterprise license. 514.10 Locations ineligible for therapeutic massage enteI:Prise license. Subd. 1. A therapeutic massage enterprise may not be licensed if the enterprise is located on property on which taxes, assessments or other financial claims to the state, county, school district or city are due and delinquent. In the event a suit has been commenced under Minnesota Statutes, sections 278.01-278.13, questioning the amount or validity of taxes, the city council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due. Subd. 2. Zoning compliance. A therapeutic massage enterprise may not be licensed if the location of such enterprise is not in conformance with Title 1100 of the Mounds View Municipal Code. 514.11 General license restrictions. Subd. 1. Posting. A therapeutic massage enterprise license issued must be posted in a conspicuous place on the premises for which it is used. A person licensed as a therapeutic massage therapist must have in possession a copy of the license when therapeutic massage services are being rendered. Subd; 2. Area. A therapeutic massage enterprise license is effective only for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered or extended, the licensee must inform the Clerk-Administrator. A licensed therapeutic massage therapist may perform on-site massage at a business, public gathering, private home, or other site not on the therapeutic massage enterprise premises. RCL103942 MU125-40 7 . . . Subd. 3. Transfer. The license issued is for the person or the premises named on the approved license application. Transfer of a license from place to place or from person to person is not permitted. Subd. 4. Coverings. The therapist must require that the person who is receiving the massage will at all times have that person's breasts, buttocks, anus and genitals covered with non- transparent material or clothing. A therapist performing massage must have the therapist's breasts, buttocks, anus and genitals covered with a non-transparent material or clothing. Subd.5. Prohibited massage. A therapist may not intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva or vaginal area of a person. 514.12 Restrictions regarding sanitation and health. Subd. 1. A therapeutic massage enterprise must be equipped with adequate and conveniently located toilet rooms for the accommodation of its employees and patrons. The toilet room must be well ventilated by natural or mechanical methods and be enclosed with a door. The toilet room must be kept clean and in good repair and be fully and adequately illuminated. Subd. 2. A therapeutic massage enterprise must provide single-service disposal paper or clean linens to cover the table, chair, furniture or area on which the patron receives the massage. If the table, chair or furniture on which a patron receives the massage is made of material impervious to moisture, such table, chair or furniture must be sanitized after each massage. Subd.3. The therapeutic massage therapist must wash the therapist's hands and arms with water and soap, anti-bacterial scrubs, alcohol or other disinfectants prior to and following each massage service performed. Subd. 4. Massage tables, chairs or furniture on which the patron receives the massage must have surfaces that can be readily disinfected after each massage. Subd.5. Rooms in a therapeutic massage enterprise must be fully and adequately illuminated. Subd. 6. A therapeutic massage enterprise must have a janitor's closet that provides for the storage of cleaning supplies. Subd. 7. Therapeutic massage enterprises must provide adequate refuse receptacles that must be emptied as required by this code. Subd.8. Therapeutic massage enterprises must be maintained in good repair and sanitary condition. RCL103942 MU125-40 8 . . . Subd. 9. Therapeutic massage enterprises must comply with the requirements of the Minnesota Indoor Clean, Air Act. Subd. 10. A therapeutic massage enterprise must take reasonable steps to prevent the spread of infections and communicable diseases on the licensed premises. Subd. 11. Massage therapists must wear clean clothing when performing massage services. 514.13 License term: renewals. Licenses expire annually on December 31. The license fee will be prorated in 30-day increments for licenses issued after June 30. The Clerk-Administrator must prepare an application form for the renewal of a license requiring information that the manager determines necessary for consideration of the renewal. The renewal application must be made no later than November 30. 514.14 Suspension: revocation. A license granted under this section may be suspended or revoked by the city council by resolution upon notice and public hearing for any violation of this Chapter, a conviction of any crime or misdemeanor or any fraud, misrepresentations or incorrect statement in the license application or in the course of operating or conducting business. 514.15 Temporary therapist license. Subd. 1. The Clerk-Administrator may issue a temporary theraputic massage therapist license as provided in this subsection. Subd. 2. A temporary massage therapist license may be issued to a person who a. is qualified to hold a massage therapist license under this section; b. has completed the required application and paid the license fee at least seven days prior to the efective date of the license. Subd. 3. A temporary license is effective for four consecutive days. A person may not be issued more than three temporary licenses in any period of360 consecutive days. Subd.4. All other provisions of this section apply to temporary licenses. 514.16 Hours of operation. A licensed therapeutic massage enterprise may not operate for business between the hours of9:00 p.m. and 7:00 a.m. 514.17 Violations and Penalties. Any person who violates any provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 104.01 of this Code. Section 2. This ordinance is effective thirty days after its publication. RCL103942 MU125-40 9 . . . Read by the City Council of the City of Mounds View this 26th day of August, 1996. Read and passed by the City Council of the City of Mounds View this 23rd day of September, 1996. ATTEST: (fJi.D.. ~. Chuck Whiting, City Cler -AdmInIstrator . L_ RCL103942 MU125-40 10 . . . -r i\ffi~auit of 'ubUcatinn &tatt 1l f ..iUUt.61l. ta} .6.6. C!r1luutl1 1lf fRamstl1 N. Theodore Lillie , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as New B r i q h ton Bull e tin , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Ordinance No. 96-583 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 2 n d day of 0 ct. 19~, successive weeks; it was fin~t published on Wed. , the to and including and was thereafter printed and published on every , 19_; and printed , the day of below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the compositio~ and publication of the notice: . .~IiiCgiFQIoIIJKL.MNOPQR&TU"\.'X~:Z . ... ABGe[rC::IIIJI~bMrJOPQn~llJ'/\A'XY1.. . abcdefghijklmnopqrstuvwxyz BY: TITLE: Subscribed and sworn to before me on this 2n d day of 0 ct. , 19~. ~~CH\'~ \ \\~~ Notary Public * Alphabet should be in the same size and kind of type as the notice. + , e,!III, STEPHANIE K. MICHEL I . ." . . NOTARY PUIiILI~INNESOTA . RAMSEY COUNTY . . . ~., / My COmmiUICln ExpIres JAN 31. 2000 RATE INFORMATION 7 ~ II _T tUU.j (1) Lowest classified rate paid by commercial users for comparable space. . . . . . . . . . . . . . . . . . . . . . . . . . $14.10 per co!. inch (2) Maximum rate allowed by law for the above matter. . . . . . . . . . . . . . . . . . $9.56 per co!. inch (3) Rate actually charged for the above matter ..................... $ 1/96 per co!. inch . . . 1\ffibauit nf 'ublicatinn &tatt uf ..iUUt.6uta} .6.6 . C!ruuutl1 uf iRams'tl1 N. Theodore Lillie , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as New B rig h ton Bull e tin , and Ol;lS full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Notice of Public, Hearing which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 11th day of Sept. successive vy,eeks; it was~fjrst published on \4 e d. , the 19~,.. and was th~r~after printed and published on every to and including , 19_; and pri nted day of , the below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: cd . ABC.OEFGHIJKI MNOPQRSTlIVWXV7 . ABCDEFGHIJKLMNOPQRSTUVWXYZ . abcdefghijklmnopqrstuvwxyz BY: TITLE: Subscribed and sworn to before me on this 11 th day of Sept. , 19~. ~~ \-~~q,~ Notary Public * Alphabet should be in the same size and kind of type as the notice. ~;..~.-.. ~f>,...~ _"'~V"--';'.:I<'''''~>'~_-() ~ STEPHf~NIE K, MiCHEL ~ ; NOTARY PUBLIC-MINNESOTA I n RAMSEY COUNTY I RATE INFORMATION ,1 My (:;nmrnission Expires JAN 31, 2000 I -c~'-~~~~____~-=-~+ (1) Lowest classified rate paid by commercial users for comparable space. . . . . . . . . . . . . . . . . . . . . . . . . . $14.10 per col. inch (2) Maximum rate allowed by law for the above matter. . . . . . . . . . . . . . . . . . $9.56 per col. inch (3) Rate actually charged for the above matter ..................... $ per col. inch 1/96 /'2. #. ::::; Cy.~ . . . . . . 1\ ;;i~rt1t'H rt; :1Ituh1t. rtt+;rt..- .. ,,~~,...."U. n. ....~ tP"....~ "'"~l....,n &tatt uf "iUUt.6U. ta } .6.6 . C!ruuutl1 uf iRamstl1 N. Theodore I illie "being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as New Br; ghton Bull et; n, 'ca'1d, ha.~ fu.ll knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Notice of PubJic ...Hearing.. which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 , the successlve we...eks; it was ...fj.r~t published on Wed. ?nd day of Oct. 19--9Ji, _ and was th~r~after printed anp published on every to and including , 19_; and printed , the day of below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: . AElCDEFGHI.IKlMNnPQR~TIIVWXV7 . ASCDEFGHIJKI MNOPOR~TLJVWXYL. * abcdefghijklmnopqrstuvwxyz C/ ~--~- BY: TITLE: Subscribed and sworn to before me on this ?n d day of Or.t_ ~~C'-~~~&~ Notary Public , 1 9-9..6,..._ * Alphabet should be in the same size and kind of type as the notice. + " I ~:l1I~~ STEPHANIE K. MICHEL I ,. NOTARY PUSLlc-MINNESOTA RAMSEY COUNTY , My CcmmiaslOn Expires JAN 31. 2000 . 1 II" 11 .. RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space. . . . . . . . . . . . . . . . . . . . . . . . . . $14.10 per col. inch (2) Maximum rate allowed by law for the above matter. . . . . . . . . . . . . . . . . . $9.56 per col. inch (3) Rate actually charged for the above matter ..................... $ per col. inch 1/96 . . . 1\ ffi~ttUif rtf 'uhli...tttirt", """ "4-4-U.I" ,4-....4- "......,..."4-,......, &tate uf ..inUt.6uta} .6.6 . C!ruuutl1 uf iRams<tl1 N. Theodore Lillie , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as New B rig h ton B u 1 1 e tin , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Notice of Public Hearing which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 2 n d day of 0 ct. successive weeks; it was fin~t published on Wed. , the 19~, and was thereafter printed and published on every to and including , 19_; and printed , the day of below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: cd Chc-~ fir . ABSBErQIII"KlMNOPQRgTU\.'\.JX~:Z * ^I3S8CrSIIIJI~b.M~J9pgR-eTI I\J\A1XY1. . abcdefghijklmnopqrstuvwxyz BY: TITLE: Subscribed and sworn to before me on this 2 n d day of 0 ct. S~~,~ \l~\\).~ Notary Public ,19~. * Alphabet should be in the same size and kind of type as the notice. . I . STEPHANIE K. MICHEL I . NOTARY PUBLlG-MINNESOTA RAMSEY COUNTY , My Commission Expires JAN 31, 2000 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space. . . . . . . . . . . . . . . . . . . . . . . . . . $14.10 per col. inch (2) Maximum rate allowed by law for the above matter. . . . . . . . . . . . . . . . . . $9.56 per col. inch (3) Rate actually charged for the above matter ..................... $ per col. inch 1/96 f1!QTlQ<<; 'CiTY ;~~~~',?]:~;.'" . 'i~?:'~:.:"', ~TIOe~iSH- . .t"IlJ;~';pu~!rd. '*~~t~!brp~~:.at.Mou~d':t~~H~~ -6~Gl.MAP '5 ~6 2401 Highway 10, Mounds View, Minll -5S'l12, to consiaeun,Ordinanct:Fleta - ~slOOr Mlen~i!l t'; . . ";;~Ja;~~9~ laions to the ~,Cade, ;qj;,fIn,X~Qe. ~ElsiriQ9 J~ lie. h~rd\yith rehilr-ence hU~er, maybe:heard,at.tI:lls,meeting,,,. " , . If you l1,ave. any qUes..tions. regarding.t.hIS ~.meetingi please contact me at 784-$055. .. .Cbuck Whiting -ei'etin:Oct: i,.19~) C'.rkAcJmln,llttatOr..., ,?:.; i)j..~t . . . --- ORDINANCE NO. 96-583 the name, place and length of time of the involvement in such activity, CITY OF MOUNDS VIEW c, For applicants thaI are partnerships: COUNTY OF RAMSEY (1) lhe names and addresses of general and ':~ , STATE OF MINNESOTA limited parlners and the information AN ORDINANCE RELATING TO conceming each general partner described it, THERAPEUTIC MASSAGE LICENSE subd, 1.b. of this section; -.BEGULATIONS: AMENDING TITLE 500 OF (2) the managing partners must be y.1iHEMOUNDS VIEW MUNICIPAL CODE BY designated, and the interes.t of each general ':~'~.{ ADDING A NEW CHAPTER 514 and limiled partner in the business must be "TMI:: CITY OF MOUNDS VIEW ORDAINS: disclosed; - Section 1, Tille 500 of the Mounds View (3) a true copy of the partnership agreement Municipal Code is amended by adding a new must be submitted with lhe application, and if Chapter to read: the partnership is required to file a certificate - - ChaDter 514: T/1eraoeutlc Massage as to a trade name under Minnesota Statutes, c. 914,01, Findings, 11 is found and determined section 333,02, a certified copy of that "lhBt: certificate must be submitted, ,Jl,. persons who have recognized and The license if issued will be in the name of ~ardized training in therapeutic massage, the partnership, htl,alth and hygiene provide a legitimate and d, For applicants that are corporations: "o~ssary service 10 the general public; (1) the name of the organization, and if ('"b.- heallh and sanitation regulations incorporated, the stale of incorporation; igO\leming lherapeutic massage enterprises (2) a true copy of the cetlificate of 1and.. massage therapists will minimize the risk incorporation, and, if a foreign corporation, a of .lhespread of communicable diseases and cerlificate of aulhority as described in 'prcsmote health and sanitation; Minnesota Slatutes, section 303,02; eo _c,: license qualifications for lherapeutic (3) the name of the general manager, massage enterprises and massage therapisls corporate officers, proprietor, and other will minimize the risk that such businesses person in charge 6f the premises to be and persons may facilitate prostitution and licensed, and the information about those other criminal activity in the city; and persons described in subd. 1,b,; - d. massage services provided by'persons (4) a list of the persons who own or have a ,'with without recognized andslandardized controlling interest in the corporation or ')Rjlning in massage can endallger citizens by organization or who are officers of the .f\\cllitating lhe spread of communicable corporation or organization, together with lheir 'diseases, by exposing citizens to unhealthy addresses and the information regarding such and unsanitary conditions, and by increasing persons described in s,ilbd, 1,b, of lhis the risk of personal injury, section, 514,02, Definilions, The terms defined in Subd, 2, Theraoeutic massage therapist. An -this section have the meanings given them. application for a therapeutic massage '~:$.'ubd. 1,"Clean" means the absence of dirt, therapist license must contain the following "gf.Eiase, rubbish, garbage and other offensive, information: unsightly or eXlraneous matter. a, the applicant's name and address; -Subd, 2, "h, g()od repair" means free of b, the applicant's current employer; corrosion, breaks,.cracks, chips, pitting, c, the applicant's employers for the previous excessive V(ear,and tear, leaks, obst~uctions five years", including e.mpi9,yer's name,." "anctslmi/ar defects. \ address anqdates, of employment; ,-~::~~ 3.. ~Mas$.aoa:.meanst;'e rubbing, d. the applicant's residence address for lhe $troking, kneading, tapping or rolling of lhe previous five years; - .__. l:lpdy of another person with lhe hands for lhe e. the applicanl's social securily number, 'purpose of Physical fitness, health-care date of birth, home telephone number, weight, referral, relaxalion and for no olher purpose, height, color of .eyes and color of hair; 'I '~bd, 4. "Operate" means to own, manage f, if the applicant has ever been convicted of _or _conduct,or 10 have control, charge or a felony, crime or violation of an ordinance cu~dy over. . other than a minor traffic offense and, if so, .~s.:ubd. 5. "Therapeutic massage enterprise" the time, place and offense involved in the means a pllilce of business providing convictions; "lTIassage services 10 the public for g, if the applicant has ever used or been consideration: the term does not include a known by a name olher than. the applicant's h.o~pital, sanitarium, rest home, nursing name, and if so, the name or names and '"1'ijjme, boarding home or other instilution for information concerning dates and places t~'e .\'lospitalization or care of other human where used; beings duly licensed under the provisions of h. evidencelhat the applicant: Minnesota Statutes, Sections 144,50 through (1) has current insurance coverage oVer 1'44.69, $1,000,000 for professional liability in the ~~~d. 6, "Therapeulic massage lherapist" practice of massage; . means a person who practices or administers (2) is affiliated with, employed by or owns a ,.mllssage 10 the public for consideration, therapeutic massageenlerprise licensed by ~<,Subd. 7, "In the cily" means physical the city; 'l>>'eSence as well as telephone referrals such (3) has completed 400 hours of certified - a!!.'p..hone-a-massage operations in which the therap.eutic massage training from a ). .~I ~~iness pr~mise. s, ,although not physically recognized school thaI has been approved by ,~~,ed Wllhln the City, serves as a point of the Clerk-Administrator; allsignment of employees who respond 10 (4) has one year of experience practicing lists for services from in lhe city, massage therapy as eSlablished by an , .03. License required, affidavit and can documenl wilhin lwo years of '..: . d, 1. Theraoeutic massage enterorise, 11 obtaining the license thaI the person has J1S"t1.nlawful to operate, offer, engage in or completed 400 hours of certified therapeutic ~ dtl"Y on massage servi.ces in lhe city with()ut massage training from a recognized school; if f s'1\1erapeulic massage enterprise license, such documentation cannol be established at ~ ':Su,bd. 2: Theraoeutic massage therapist the lime of license renewal, the license will ~~, It IS unlawful to practice, administer or not be renewed and the perSon who received ~~'1de m.assage services in the city without a the license based upon experience may not ~t~peullc massage therapist license, receive a license in the future unless the : ,~~,04, Exemotions. A therapeutic massage person has the requisite certified hours. i...~nte. rp~ise ~icense. ~r therapeutic m(issage i, other information'that the city council may lheraplst license IS not required for the require, 'f~I<!~lng persons and places: 514,07, Aoolication and investigation fees, ~'.;a',persons licensed by lhe state to practice The fees for a massage enlerprise and : ,!!e.d,1clne, surgery, osteopathy,. chiropractiC', therapist licenses are set forth from time to iphf'ical therapy or podiatry, provided thaI the time by City Council resolution, An ~nlll$Sage i~ administered in the regular course investigalion fee will be charged for ~Q! the medlcel. treatment not provided as part lherapeutic massage enlerprise licenses. An joHi.separate and distinct massage business; application for either license must be li.,.,p.,persons licensed by the state as beauty accompanied by payment in full of the l<I<"turists or barbers, provided the persons do required license and investigation fees, if lIl'eIf'hold themselves out as giving massage applicable. treatments and provided that massage by 514,08, Aoolication verification and con- "J19:l!~y culturists is limited to the head, hand, ~. iiEli:k and feet and the massage by barbers is Subd. 1, Theraoeutic massage enterprise l. . limited to the head and neck; ~, The Clerk-Administrator must verify c. persons working solely under the the informalion supplied on lhe license . .. dirl!9tion and control of a person duly licensed application and invesligale the background, "by.the state to praclice medicine, surgery, including the criminal background, of the o~tEibpathy, chiropractic, physical therapy or applicant to assure compliance wilh lhis ~!1Ialry;' seclion. Within 90 days of receipt of a ,It. places licensed or operating as. a complete applicalion and fee for a therapeutic hospital, nursing home, hospice, sanitarium or massage enterprise license, the Clerk- --group home established for hospitalization or Administrator must make a wrillen n'l8c!llcal care; and re.commendalion 10 the city council as to " .e:;~ athletic coaches, directors and'trainers issuance or nonissuance of the license, The ~l;rlPtoyed by public or private schools, . city council may order additional investigation 514.05. General rule..The owner or operalor .if il deems it necessary, bul musl grant or . of- a licensed therapeutic massage enterprise deny the application within 120 days of receipt m,ay employ only licensed therapeutic by lhe Clerk-Administralor of the complete r1'lllSsage therapists to provide massage application and required fees. services. The owner or operator of a licensed Subd. 2. Therapeutic massalJe therapist therapeutic massage enlerprise need not be ~,Within 90 days of receipt of a ,1ic;enSed as a therapeutic massage therapist complete applicalion and fee for a therapeulic :ll'hIess thaI owner or operator personally, massage lherapist license, the Clerk- provides massage services, Administrator must grant or deny lhe )~.06. License aoollcalion. application, Notice will be sent to lhe applicanl --9Ubd.' 1. Theraoeutic massage enterprise, upon a denial informing lhe applicant of the The application .for a lherapeulic massage right to appeal to the city council within 20 8Jlterprise license must contain the following days. If an appeal is prop,erly made, the inf<1f"lation: matter will be placed on lhe neXl available city 'a(for all applicants: council agenda, ' ~T.l:U whether the applicant is an individual, 514,09, Persons ineligible for license, ~Jq.r.poration, partnership or other form of Subd, 1, Therapeutic massaQe enterprise ~ or!llinization; ~, A therapeutic massage enterprise ~ (2) lhe legal description of the premises to license may not be issued to an individual ~ be licensed together with a plan of the area who: f shf/wing dimensions, location of buildings, a, is a minor at the lime the application is . st~t access and parking facilities; filed; ~ (3) the floor number, street number andf . b, has been convicted of any crime directly I rooms where the massage services are to be \',relhtei to the occupation licensed as ~Mucted' prescrfbed by Minnesota Statutes, section all real estate and personal 364,03, subdivision 2, and who has not shown ,that are due and payable for competent evidence of. sufficient rehabilitalion and present fitness to perform the duties and Subd, 2-:-Area. Alherapeutic massa enterprise license is effecliveonly for 1 compact and contiguous space specified the approved license application., If t licensed premises is enlarged, altered extended, the licensee must inform the Cle Adminislrator, A licensed therapElU massage lherapist may perform on-s massage at a business, public galherir private home or other site not on t therapeutic massage enlerprise premises, Subd, 3, Transfer, The license issued is the person or the premises named on t approved license application, Transfer 01 license from place to place or from person person is not permitted, Subd, 4, CoverinQs, The therapisl ml require that the person who is receiving 1 massage will at all times have that persol breasts, buttocks, anus and genitals cover with non.transparent material or clothing, therapist performing massage must have t therapist's breasts, bullocks, anus al genitals. covered with a non-transpare material or clothing, Subd, 5, Prohibited massage, A the rap may not intentionally massage or offer massage the penis, scrotum, mons vener vulva or vaginal area of a person, 514,12, Restrictions relJardinlJ sanitatil and health, Subd, 1. A therapeutic massage enterprl: must be equipped with adequate ar conveniently located toilet rooms for tt accommodation of its employees and patror the toilet room must be well '. ventilated I natural or mechanical methods and t enclosed with a door, The toilet room must t kept clean and in good repair and be fully ar adequately illuminated, Subd, 2, A therapeutic massage enterpri: must provide single-service disposal paper clean linens to cover the table, chair, fumitu o(~rea on which the palron receives t~ massage, If the table, chair or furniture c :w!'iiGI:I' aji?tron receives the massage is mac of. material impervious 10 moisture, such tabl, chair or fumiture must be sanitized after eac massage. Subd, 3, The lherapeutic massage therapi must wash the therapist's hands and arrr with water and soap, a;'lti.bacterial scrub: alcohol or other disinfectants prior to an following each massage service performed, Subd, 4, Massage tables, chairs or furnitur on which the patron receives lhe massag must have surfaces that can be readil disinfected after each massaae, Subd, 5, Rooms in a therapeutic massag enterprise must be fully and adequate I illuminated, . Subd, 6, A therapeutic massage enterpris must have a janitor's closet. that provides fc the storage of cleaning supplies, Subd, 7, Therapeulic massage enterprise must provide adequate refuse receptacle that must be emptied as required by lhi code, Subd, 8. Therapeutic massage enterprise: must be maintained in good repair ani sanitary condition. Subd, 9, Therapeutic massage enterprise: m!Jst comply with the requiremenls of thE Minnesota Indoor Clean Air Act Subd, 10, A lherapeutic massage enterprisE must take reasonable steps 10 prevent thE spread of infections and communicablE diseases on the licensed premises, _ Subd. 11, Massage therapists must weal cle~n clothing when performing massagE services, 514,13, License term' renewals, License~ expire annually on December 31, The license fee will be prorated in 30-day increments fOI licenses issued after June 30, The Clerk- Administrator must prepare an application form for the renewal of a license requiring information thaI the manager determines necessary fOr .consideration of the renewal. The renewal .application must be made no laler than November 30, 514,14. Suspension' revocation, A license granted under this section may be suspended or revoked by the city council by resolu1ion upon, notice, and public hearing for any VIolation of th~s Chapter, a conviction of any cr,lme or misdemeanor or any fraud, mlsrepresentalions or incorrect slalemenl in the license application or in the course of operating or conducting business, 514,15. Temoorary theraoist license. Subd, 1, The Clerk-Administrator may issue ~ temporary therapeutic massage therapist license as provided in this subsection Subd, 2, A temporary massage iherapist license may be issued to a person who a, is qualified to hold a massage lherapisl license under this section' b, has completed the ~equired applicalion . and paid the license fee at least seven days prior to the effective date of the license, Subd, 3. A temporary license is effective for ~our consecutive days, A person may nol be Issued more than three temporary licenses in any periOd of 360 consecutive days, Subd, 4. All other provisions of this section apply to lemporary licenses, 514,16. Hours of operation, A licensed therapeutic massage enterprise may not operate .for business between the hours of 9:00 p,m, and 7:00 a,m, 514,17, Violations and Penallies. Any person who violales any provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 104,01 of this Code, Section 2, This ordinance is effective thirty days after its publicalion, Read by the City Council of the Cily of Mounds View this 26th day of AuguSl, 1996, Read and passed by the City Council of lhe City of Mounds View this 23rd day of September, .1996, ATTEST: Isl Chuck Whiling City Clerk-Administrator (Bulletin: Oct. 2, 1996) Is! Jerry Linke Mayor the premises to be licensed have been paid, and if not, the years and amounts that are unpaid; (5) if, the application is for premises either plann~/j or under COnstruction or undergoing substantial alteration, the application must be accompanied by preliminary plans showing the design of the proposed premises; if lhe plans for design are on file with the building inspector, no plans need be submitted; (6) the name and street address of the l1usiness if it is to be conducted under a designation, name or style other lhan the name of the applicant, and a certified copy of the certificate required by Minnesota Statutes, section 333,02; (7) other information that the city council may require, b, For applicants who are individuals: (1) the name'and date of birth and of ' the applicant and applicant's residence address; (2) if the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information concerning the dates and places where used; (3) residence addresses of the applicanl during' five years preceding the dale of application; \ (4) the type, name and location of every business or occupalion the applicant has been engaged in during the preCeding five years; , , (5) names and addresses of the applicant's employers for the preceding five years; (6) if the applicant has ever been convicted of a felony, crime or violation of an ordinance otherlhan a minor traffic offense; if so, .the applicant must furnish information as to the 'time, place and offense involved in lhe convictions; ____ (7) if lhe applicanl has ever been engaged in lhe operation of massage services; if so, the applicant must furnish information as to responsibilities of a licensee as prescribed by Minnesota Statutes, section 364,03, subdivision 3; , c, is not of good moral character or repute; d, is not the real party in interest of the enterprise; , e, has misrepresented or falsified information on the license application. Subd, 2, Theraoeutic massage therapi~1 ~, A therapeutic massage therapist license may not be issued to a person who could not qualify fOr a therapeutic massage enterprise license or who is not (i) affiliated with, (ii) employed by or (iii) does not hold, a therapeutic massage enterprise license, 514,10, ~ns ineliQible for theraoeutic massage enterorise license. Subd, 1, A therapeulic massage enterprise may not be licensed if the enterprise is located on property on which taxes, assessmerits or other financial claims 10 lhe state, county, school district or city are due and delinquent. In lhe event a suil has been commenced under Minnesota Statutes, sections 278,01-278,13, questioning lhe amount or validity of taxes, the city council may on application waive stricl compliance with this provision; no waiver may be granted, however, for taxes or any portion,lhereof, which remain unpaid for a period exceeding one year after becoming due, SUbd, 2, Zoning comoliance, A lherapeutic massage enlerprise may not be licensed if the location Of such enterprise is nol in conformance with Title 1100 of the Mounds View Municipal Code, -514;11, General license restrictions, Subd. 1, ~. fA therapeutic massage enterprise Iicerise issued must be posted in a conspicuous place on the premises for which it is used, A person licensed /:Is a th13rapeut~ massagetf1erapist must have in possession a copy of the license when therap'eulic massage services are being rendered,