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80 <br /> Subd. 2 Requiring License and Defining Businesses Operating within City. No person, <br /> partnership, corporation, or other organization shall operate a physical culture and health <br /> service or club, reducing club or salon, or therapeutic massage studio within the City, <br /> either exclusively or in connection with any other operation or enterprise, unless such <br /> business is currently licensed under this Section. <br /> Subd. 3 Certain Businesses Exempt. <br /> A. The preceding provisions of this Section notwithstanding, no business license <br /> shall be required for a business establishment which offers massage as an <br /> accessory use if it meets all of the following criteria as evidenced by affidavits <br /> and other documents submitted to and in form and substance reasonably <br /> acceptable to the Clerk: <br /> 1. The principal activity of the business shall not be performing massage <br /> for a fee or other consideration; <br /> 2. The annual gross revenue of the business from performing massage is <br /> less than 25% of the total annual gross revenue of the business as shown <br /> by financial statements or an affidavit signed by the authorized Officer of <br /> the business. In lieu of delivery of the aforementioned affidavit, at the <br /> direction of the City, the business shall be required to deliver, a <br /> certification from a certified public accountant, acceptable to the Manager, <br /> that the annual gross revenue from massage services, for the preceding <br /> twelve months, is less than 25% of its total annual gross revenue for such <br /> period of time. <br /> 3. The room or rooms where massage is performed shall not have an <br /> exclusive entrance from or exit to the exterior of the building in which the <br /> principal business is located or to a public concourse or public lobby. <br /> Notwithstanding the foregoing, massage may be performed by an <br /> individual at the residence of the person receiving the massage. <br /> 4. All fees or other consideration derived from performing massage shall <br /> be received by and accounted for by the proprietor of the principal <br /> business. <br /> 5. All individuals performing massage in connection with the business <br /> shall be employees of the principal business or shall be independent <br /> contractors or agents who perform massage pursuant to a written <br /> agreement with the owner of the principal business and each individual <br /> performing massage in connection with the business shall meet the <br /> educational requirements of subd. 5 of Subsection 575.13. <br /> B. Any business that requests an exemption from the business license <br /> requirement shall submit the required affidavits and documents on an annual <br /> basis. The exemption request shall be due on or before the fifteenth day of March <br /> of each year. <br /> -2- <br />