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50 <br />within the City, either exclusively or in connection with any other operation or enterprise, <br />unless such 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 shall be <br />required for a business establishment which offers massage as an accessory use if it <br />meets all of the following criteria as evidenced by affidavits and other documents <br />submitted to and in form and substance reasonably acceptable to the City Clerk: <br />1. The principal activity of the business shall not be performing massage for a fee or <br />other consideration. <br />2. The annual gross revenue of the business from performing massage is less than <br />25% of the total annual gross revenue of the business as shown by financial <br />statements or an affidavit signed by the authorized Officer of the business. In lieu of <br />delivery of the aforementioned affidavit, at the direction of the City, the business <br />shall be required to deliver, a certification from a certified public accountant, <br />acceptable to the City Manager, that the annual gross revenue from massage services, <br />for the preceding twelve months, is less than 25% of its total annual gross revenue for <br />such period of time. <br />3. The room or rooms where massage is performed shall not have an exclusive <br />entrance from or exit to the exterior of the building in which the principal business is <br />located or to a public concourse or public lobby. Notwithstanding the foregoing, <br />massage may be performed by an individual at the residence of the person receiving <br />the massage. <br />4. All fees or other consideration derived from performing massage shall be received <br />by and accounted for by the proprietor of the principal business. <br />5. All individuals performing massage in connection with the business shall be <br />employees of the principal business or shall be independent contractors or agents who <br />perform massage pursuant to a written agreement with the owner of the principal <br />business and each individual performing massage in connection with the business <br />shall meet the educational requirements of <br />Subd. 5 of Subsection 575.13. <br />B. Any business that requests an exemption from the business license requirement shall <br />submit the required affidavits and documents on an annual basis. The exemption request shall <br />be due on or before the fifteenth day of March of each year. <br />575.03 License Application and Procedures. Every application for a license under this Section shall <br />be made on a form supplied by the City Clerk and shall be filed with the City Clerk. The provisions <br />of Subsection 500.02 of this Code shall apply to all licenses required by this Section and to the <br />holders of such licenses. In addition to the information required by Subsection 500.02 of this Code, <br />5-70 <br />