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HomeMy WebLinkAboutOrdinance 817ORDINANCE SUMMARY ORDINANCE NO. 817 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 500, OF THE MOUNDS VIEW CITY CODE REGARDING THERAPEUTIC MASSAGE On March 23, 2009, the Mounds View City Council adopted an ordinance that amends Title 500 of the Mounds View City Code regarding Therapeutic Massage. The ordinance is on file and available for public viewing at the office of the Clerk- Administrator. This ordinance amends the Therapeutic Massage Code in regard to eligibility requirements of receiving and maintaining a Therapeutic Massage License with the City. The ordinance is posted in its entirety on the City's website, located at www.ci.mounds-view.mn.us -. James Ericson Clerk-Administrator ORDINANCE NO. 817 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 500, OF THE MOUNDS VIEW CITY CODE REGARDING THERAPEUTIC MASSAGE SECTION 1. The City Council of the City of Mounds View hereby amends Title 500, Section 514.02 of the Mounds View Municipal Code by adding the underlined material and deleting the ~;-;~ material as follows: 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 matter. 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. "Operate" means to own, manage or conduct, or to have control, charge or custody over. Subd. 5. "Recoanized school" means any school or institution of learnina which has for its purpose the teachina of the theory. method. profession or work of a m assaae therapist that reauires a resident course of study that reauire s not less than 70 hours before the student is issued a diploma or certificate of araduation. If the school or institut ion is located in the United S tates. it must have current membershi p in good standina in the American Massaae and The rapy Association or other recoanized professional massaae oraanization. If the school or learnina institution is located outside of the United States . the applicant must provide the Citv with decipherable documenta tion that shows that h e or she attended a school o r learnina institution that is eauivalent to attendina a school or learnina institution in the United States in both its cou rse of stud y and diploma or arad uation requirements. Schools offerina a correspondence course not reauirina actual physica l attendance of class shall not be deemed a recoanized school. 5~~~-5~ Subd. 6. "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. Su~.~~- Subd. 7. "Therapeutic massage therapist" means a person who practices or administers massage to the public for consideration. St~~-~ Subd. 8. "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 in the City. SECTION 2. The City Council of the City of Mounds View hereby amends Title 500, Section 514.06 of the Mounds View Municipal Code by adding the underlined material and deleting the stray-ker} material as follows: 514.06: LICENSE APPLICATION: Subd. 1. Therapeutic Massage Enterprise: 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 for 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 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; (7) Other information that the City Council may require. b. For applicants who are individuals: (1) The name and date of birth a~ of the applicant and the 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 means and information concerning the dates and places where used; (3) Residence addresses of the applicant during five (5) 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 (5) years; (5) Names and addresses of the applicant's employers for the preceding five (5) years; (6) If the 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 furnish information as to the name, place and length of time of 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 subdivision 1 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 will be in the name of the partnership. 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 subdivision 1 b; (4) A list of the persons who own or have a controlling interest in the corporation or who are officers of the corporation or organization, together with their addresses and the information regarding such persons described in subdivision 1b of this Section. Subd. 2. Therapeutic massage therapist: An application for a therapeutic massage therapist license must contain the following information: a. The applicant's name and address; b. The applicant's current employer; c. The applicant's employers for the previous five (5) years, including employer's name, address and dates of employment; d. The applicant's residence address for the previous five (5) 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 leaal work status in the United States: 2~ Has a dialoma or certificate of araduation from a recoanized school: ~~ Has current insurance coverage with liability limits of at least _:~rer e+~e $1,000,000.00} for professional liability in the practice of massage; (~} 4~ Is affiliated with, employed by or owns a therapeutic massage enterprise licensed by the City; {~}~5 In addition to the 70 hours of resident study, aaalicant must comalete at least 00} hours of certified therapeutic massage training asas aart ofof earnina a diploma or certificate from a recognized school th^+-r~z ham -"ems;-a~~~rev~d-by th° (`I°rL /1~minic+ro+nr• {~•}~6 Has at least one {~-} year of experience practicing massage therapy as established by an affidavit ^n„a-ea^ ~+^^~ ~m°n+ ,~,i~~ +,~_~Yao _(~~;°^r~ of nh+^ininn +hn m c-.n° +rr+ininn frnm r°~+nivni~ c~l.~nnl• if c~ ~ r~ im°n~o+inn_ n~r~nn~ h° ~~~^R.~JC1 Oli"7-a~GV~~I"fTCed-~7~i FiV07~ ITJC7'G~tlGTITiT~C iTac+[fvTl~urrriva a/a> f }ho ~~ i+~ iro ~ ~nln~o }hn nnronn hoc, }hn rniv~ ~ioi}o norFifinrl hn~ me Other information that the City Council may require. SECTION 3. The City Council of the City of Mounds View hereby amends Title 500, Section 514.09 of the Mounds View Municipal Code by adding the underlined material and deleting the ~+r material as follows: 514.09: PERSONS INELGIBLE FOIE TO HOLD A LICENSE: Subd. 1. Therapeutic Massage Enterprise License: A therapeutic massage enterprise license may not be issued to or held by an individual who: a. Is a minor'f }ho }imo }ho onnlin~}inn is filorJ• b. Has been convicted of any crime directly related to the occupation licensed as ~rocnrihorJ her set forth in Minnesota Statutes; sSection 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; sSection 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 or held by 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. SECTION 4. The City Council of the City of Mounds View hereby amends Title 500, Section 514.13 of the Mounds View Municipal Code by adding the underlined material and deleting the ~t~ic-key material as follows: 514.13: LICENSE TERM; RENEWALS: Licenses expire annually on December 31. The license fee will be prorated in thirty (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 t1a-~r~=}a~a~ he or she determines necessary for consideration of the renewal. The renewal application must be made no later than November 30. SECTION 5. The City Council of the City of Mounds View hereby amends Title 500, Section 514.14 of the Mounds View Municipal Code by adding the underlined material and deleting the s#~icker~ material as follows: 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 er ,~i~a~,~-~,r directly related to the therapeutic massage occupation unless competent evidence can be shown of sufficient rehabilitation and present fitness to perform the duties of the occupation as set forth in Minnesota Statutes Section 364.03 or any fraud, misrepresentations or incorrect statement in the license application or in the course of operating or conducting business. SECTION 6. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on February 23, 2009. Second Reading and Adoption by the Mounds View City Council on March 23, 2009. Publication Date: April 2, 2009. - -__.--- Joe Flaherty, Mayor ATTEST: ~ C ;~ ~. ,_ James Ericson, Clerk-Administrator (seal) STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper known as M_o_unds View_/New 8r~ ton / St. Anthony / Roseville Area Sun-Focus and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper as provided by Minn. Stat. §331 A.02, §331 A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s); it was first published on Thursday, the 2 day of April 2009, and was thereafter printed and published on every Thursday to and including Thursday, the day of 2009; and printed below is a copy of the lower case alpha- bet 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: abcdefghijklmnopgrstuvwxyz B ~ 1~ CFO Subscribed and sworn to or affirmed before me on this 2 day of April 2009. Notary Public MARY ANN CARLSON NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES iii-14 ••;~...~ City of Mounds View (Official Publication) ORDINANCE SUMMARY ORDINANCE NO. 817 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 500, OFTHE MOUNDS VIEW CITY CODE REGARDING THERAPEUTIC MASSAGE On March 23, 2009, the Mounds View City Council adopted an ordinance that amends Title 500 of the Mounds View City Code regarding Therapeutic Massage. The ordinance is on file and available for public viewing at the office of the Clerk- Administrator. This ordinance amends the Therapeutic Massage Code in regard to eli- gibility requirements of receiving and main- taining aTherapeutic Massage License with the City. The ordinance is posted in its entirety on the City's website, located at www.ci.mounds-view.mn.us James Ericson, Clerk-Administrator (Apr. 2, 2009) f3-Ord 817