1999-12r
BILL NO. 1999-12
AMENDMENT TO SECTION XI OF THE ORDINANCE CODE OF THE CITY OF
RICHFIELD BY ADDING A NEW SECTION 1188 ENTITLED THERAPEUTIC
MASSAGE
THE CITY OF RICHFIELD DOES ORDAIN:
Chapter XI of the ordinance code of the City of Richfield entitled, "Business and
Trade Regulations" is hereby amended by adding the following new Section 1188
entitled Therapeutic Massage:
Section 1188: Therapeutic Massage
1
1188.01 Findings. 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 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.
1188.03 Definitions. The terms defined in this section have the meanings given to
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.
G
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. "Therapeutic massage enterprises" 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 within the city.
1188.05 License required.
Subd. 1. Therapeutic massage enterprises. 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.
1188.07 Exemptions. A therapeutic massage enterprises 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 and 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;
c. persons employed by and 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; this does not include therapeutic
massage therapists employed as an independent contractor;
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.
1
1188.09 General rule. The owner or operator of a licensed therapeutic massage
1188.11.1 License application.
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.
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 inspection, 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 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 names and information
concerning the dates and places where used;
(3) whether the applicant is a citizen of the United States or a resident alien
or has the legal authority to work in the United States;
(4) residence addresses of the applicant during five years preceding the date
of application;
(5) the type, name and location of every business or occupation the applicant
has been engaged in during the preceding five years;
(6) names and addresses of the applicant's employers for the preceding five
years;
(7) 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;
(8) 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 the involvement is 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. 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 and information of the nature described in subd 1.b. regarding
such persons;
(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. 1.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 massa a 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 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 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. whether the applicant is a citizen of the United States or a resident alien or
has the legal authority to work in the United States;
h. if the applicant has every 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;
i. evidence that the applicant:
(1) is a member in good standing of the American Massage Therapy
Association, the Associated Bodywork and Massage Professionals or
other organizations of therapeutic massage professionals which has a
similar written and enforceable code of ethics, and has been currently
approved by the public safety director;
(2) has current insurance coverage over $1,000,000 for professional liability in
the practice of massage;
(3) is affiliated with, employed by or owns a therapeutic massage enterprise
licensed by the city;
(4) has completed 400 hours of certified therapeutic massage training from a
recognized school accredited by one of the national organizations
\ described in paragraph (1);
(5) has at least two years of experience practicing massage therapy.
Other information that the city council may require.
1188.13 Application and investigation fees. The fees for a massage enterprise and
massage therapist licenses are as provided in Appendix D. A background
investigation fee will be charged for all new therapeutic massage enterprise
licenses and therapeutic massage therapist licenses and are as provided in
Appendix D. An application for either license must be accompanied by
payment in full of the required license and investigation fee.
1188.15 Application verification and consideration.
Subd. 1. Therapeutic massage enterprise license. The public safety director
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. il~'ithin 21 days of receipt of a completed
application and fee for a therapeutic massage enterprise license, the public
safety director must make a written recommendation to the city council as to
issuance or non-issuance of the license. The city council may order additional
investigation if it deems it necessary.
Subd. 2 Therapeutic massage therapist license. The public safety director 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 21 days of receipt of a complete application
and fee for a therapeutic massage therapist license, the public safety director
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 14
days. If an appeal is properly made, the matter will be placed on the next
available council agenda.
1188.17 Persons ineligible for license.
Subd. 1. Therapeutic massage enterprise license. A therapeutic massage
enterprise license may not be issued to an individual who:
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 a citizen of the United States or a resident alien or has the legal
authority to work in the United States;
d. is not of good moral character or repute;
e. is not the real party in interest of the enterprises;
f. has misrepresented or falsified information on the license application;
g. owes taxes or assessments to the State, county, school district or city that
are due and delinquent.
Subd. 2. Therapeutic massage therapist license. A therapeutic massage
therapist license may not be issued to a person who cannot meet the
requirements in 1188.17 subd. 1, paragraphs a - g or who is not (1) affiliated
with, (2) employed by or (3) does not hold, a therapeutic massage enterprise
license by the city or cannot meet the definition of a therapeutic massage
therapist in section 1188.03 or in 1188.11 subd. 2. (paragraph I).
1188.19 Locations ineligible for therapeutic massage enterprise license.
C
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 of 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 located in one of the general
commercial districts of the city.~nd does not meet all zoning requirements.
1188.21 General license restrictions.
Subd. 1. Postin A therapeutic massage enterprise license 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 their 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 are enlarged, altered or extended, the licensee must
inform the public safety director. 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.
Subd. 3. Affiliation with enterprise required. A massage therapist must be
employed by, affiliated with or Bold a therapeutic massage enterprise business
license issued by the City unless a person or place is specifically exempted from
obtaining a therapeutic massage enterprise license in section 1188.07 of this
code.
Subd. 4. 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. 5. Employment of unlicensed massage therapists prohibited. No
therapeutic massage enterprise shall employ or use any person to perform
therapeutic massage who is not licensed as a therapeutic massage therapist
under this code, unless the person is specifically exempted from obtaining a
therapist license in Section 118,8.07 of this Code.
Subd. 6. Coverings. The massage therapist must require that the person who is
receiving the massage will at Gil times have that person's breasts, buttocks, anus
and genitals covered with non-transparent material or clothing. A massage
therapist performing therapeutic massage must have the therapist's breasts,
buttocks, anus and genitals covered with anon-transparent material or clothing
at all times.
Subd. 7. Prohibited massage. A massage therapist may not intentionally
massage or offer to massage the penis, scrotum, mons veneris, vulva or vaginal
area of a person.
1188.23 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 their hands and arms
with water and soap, anti-bacterial scrubs, alcohol and 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.
Subd. 9. Therapeutic massage enterprises must comply with the requirements of
the Minnesota Indoor Clean Air Act.
Subd. 10. A therapeutic massage enterprises must take reasonable steps to
prevent the spread of infections and communicable diseases on the licensed
premises.
Subd. 11. Therapeutic massage therapists must wear clean clothing when
performing massage services.
1188.25 License term; renewals. Licenses expire annually on December 31St of
each year. The license fee will be prorated in 30 day increments for
licenses issued after June 30. The public safety director must prepare an
application form for the renewal of a license requiring information that the
public safety director determines necessary for consideration of the
renewal. The renewal application must be made no later than November
30. Within a reasonable period after the completion of the renewal license
verification process, the public safety director shall accept or deny the
license application in accordance with this division. If the application is
denied, the public safety director shall notify the applicant of the
determination in writing and by regular and certified mail to the address
provided on the application form. The notice shall inform the applicant of
their right, within fourteen (14) days after receipt of the notice by the
applicant, to request an appeal of the public safety director's denial to the
City Council.
1188.27.1 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, conviction of any crime or
misdemeanor or any fraud, misrepresentations or incorrect statements in the
license application or in the course of operating or conducting business. A
revocation or suspension by the City Council shall be preceded by written
notice to the licensee and a hearing. The notice shall give at least fourteen (14)
days notice of the time and place of the hearing and shall state the nature of the
charges against the licensee. The notice shall be mailed by regular and
certified mail to the licensee at the most recent address fisted on the license
application.
1188.29 Temporary therapist license.
Subd. 1. The public safety director may issue a temporary therapeutic massage
therapist license as provided in this subsection.
Subd. 2. A temporary therapeutic massage therapist license may be issued to a
person who:
a. is qualified to hold a massage therapist license under this code;
b. has completed the required application and paid the license fee at least 14
days prior to the effective 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 during a 12 month period.
The fee for a temporary massage therapist license is provided in appendix D. An
investigation fee will be charged for temporary therapeutic massage therapist
licenses and is also provided in appendix D.
1188.30 Flours of operation. A licensed therapeutic massage enterprise may not
operate for business between the hours of 10 p.m. and 8 a.m. of any day.
1188.33 Inspections. A peace officer or any properly designated employee of the
City or the State of Minnesota may enter, inspect and search the business
premises of any therapeutic massage establishment, during business
hours without a warrant.'
Passed by the City Council of the City of Richfield, Minnesota this 13th day of
September, 1999.
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Martin J. rsch, Mayor
ATTEST: _~
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Thomas P. Ferber, City Clerk
STATE OF MINNESOTA)
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newspapers
AFFIDAVIT OF PUBLICATION
COUNTY OF HENNEPIN)
Frank Chilinski, being duly sworn on an oath states or affirms, that he is the publisher of the
newspaper known as Sun-Current or the president's designated
agent, 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. Stet. §331A.02, §331A.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 weeks; it was first published on Wednesday, the 22 day of
September , 1999, and was thereafter printed and published on every Wednesday to and
including Wednesday, the day of , 1999; and printed 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:
abcdefghijklmnopgrstuvwx~yy.~+`"'""'~"~^,~ ,,,r^""°? ~~g.9 ,mg
~~,~.~ .-¢D err' .~~ ~,,~' ,~°"" J
e~ Publ sher
Subscribed and sworn to~or affirm~d before me
on thisr day of '~~~_~_,~~: ' ; 1999.
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ry,Publie-
(1) Lowest classified rate paid by commercial users
for comparable space
RATE INFORMATION
(2) Maximum rate allowed by law
(3) Rate actually charged
$ 2.55 per line
$ 6.20 per line
$ 1.30 per line
City of Richfield
(Official Publication)
BILL NO. 1999-12
AMENDMENT TO SECTION XI' OF THE
ORDINANCE CODE OF THE CITY OF RICHFIELD
BY ADDING A NEW SECTION 1188 ENTITLED
THERAPEUTIC MASSAGE
THE CITY OF RICHFIELD DOES ORDAIN:
Chapter XI of the ordinance code of the City of Richfielr.
entitled, "Business and Trade Regulations" is hereh}
amended by adding the following new Section 1.188 enti
tied Therapeutic Massage:
Section 1188: Therapeutic Massaee
1188.01 Findines. It is found and determined that:
a. persons vWho have recognized and standardized traim
ing in therapeutic massage, health anil hygiene provide
legitimate and necessary service to the general public;
b. health and sanitation regulations governing there
peut~ massage enterprises and massage therapists wil.
minimize the risk of the spread of communicable diseasee
anil promote health and sanitation;
c. license yualifications for therapeutic massage enter
prises and massage therapists will minimize the risk that
such businesses and persons may facilitate prostitutior
and other criminal activity in the city; and
d. massage services provided by persons without recog
nized and standardized training in massage can endanger
citizens by facilitating the spread of communicable dis
eases, by exposing citizens to unhealthy and unsanitar}
conditions, and by increasing the risk of personal injury.
1188.03Definitions. The terms defined in this section have
the meanings given to them.
Suhd. 1. "Clean" means the absence of dirt, grease, ruh
bish, garbage and other offensive, unsightly or extraneous
matter.
Subd. 2. "In eood repair" means free of corrosion, breaks
cracks, chips, pitting, excessive wear and tear, leaks, ob
structions and similar defects.
Subd. 3. "Massaee." means the rubbing, stroking, knead
ing, tapping or rolling of the body of another person witt
the hands for the purpose of physical Fitness, health-carp
referral, relaxation and for no other purpose.
Subd. 4. "O en rate" means to own, manage or conduct, o
to have control, charge or custody over.
Subd. 5. "Therapeutic massage enter{ rte' means ;
place of business providing massage services to the publi
for consideration: the term does not include a hospital
sanitarium, rest home, nursing home, boarding home o
other institution for the hospitalization or care of othe
human beings duly licensed under the provisions of Min
nesota Statutes, Sections 144.50 through 144.69.
Subd. 6. `"fharaneutic massage therapist" means a per
son who practices or administers massage to the public fo
consideration.
Subd. 7. "In the city" means physical presence, as well a
telephone referrals such as phone-a-massage operations ii
which the business premises, although noC physically Ie
sated within the city, serves as a point of assignment of em
ployees who respond to requests for services from withii
the city.
1188.05 License required.
Subd. 1. Therapeutic massage enterprises. It is unlawfu
to operate, offer, engage in or carry on massage services i
the city without a therapeutic massage enterprise licensr
Subd. 2. Therapeutic massage therapist license. It is ur
lawful to practice, administer or provide massage service
in the city without a therapeutic massage therapist li
sense.
1188.07 Exemptions. A therapeutic massage enterprise
license or Cherapeutic massage therapist license is not rr
yuired for the following persons and places:
a. persons licensed by the state to practice medicim
surgery, osteopathy, chiropractic, physical therapy or pc
diatry, provided that Che massage is administered in th
regular course of the medical treatment and not provide
as part of a separate and distinct massage business;
b. persons licensed by the state as beauty culturists c
barbers, provided the persons do not hold themselves oc
as giving massage treatments and provided that massag
by beauty culturists is limited to the head, hand, neck an
feet and the massage by t~arhers is limited to the head an
neck;
c. persons employed by anri working solely under the d
rection and control of a person duly licensed by the stal
to practice medicine, surgery, osteopathy, chiropracti
physical therapy or podiatry; this does not include ther,
peutic massage therapists employed as an independec
contractor;
d. places licensed or operating as a hospital, nursin
home, hospice, sanitarium or group home established f3
hospitalization or medical care; and
e. athletic coaches. directors an<l trainers employed t
City of Richfield
(Official Publication)
BILL NO. 1999-12
AMENDMENT TO SECTION XI' OF THE
ORDINANCE CODE OF THE CITY OF RICHFIELD
BY ADDING A NEW SECTION 1188 ENTITLED
THERAPEUTIC MASSAGE
THE CITY OF RICHFIELD DOES ORDAIN
Chapter XI of the ordinance code of the City of Richfield
entitled, "Business and Trade Regulations" is hereby
amended by adding the following new Section ].188 enti-
tled Therapeutic Massage:
Section 1188: Theraneutic Massaee
1158.01 Findings. It is found and determined that:
a. persons rho have recognized and standardized train-
ing in therapeutic massage, health and hygiene provide a
legitimate and necessary service Co the general public;
b. health and sanitation regulations governing thera-
peuti~ massage enterprises and massage therapists will
minimize the risk of the spread of communicable diseases
anil promote health and sanitation;
c. license qualifications for therapeutic massage enter-
prises 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 without recog-
nized and standardized training in massage can endanger
citizens by facilitating the spread of communicable dis-
eases, by exposing citizens to unhealthy and unsanitary
conditions, and by increasing the risk of personal injury.
118S.03Definitions. The terms defined in this section have
the meanings given to them.
Subd. 1. "Clean" means the absence of dirt, grease, rub-
bish, garbage and other offensive, unsightly or extraneous
matter.
Subd. 2. "j~ood repair"means ('ree of corrosion, breaks,
cracks, chips, pitting, excessive wear and tear, leaks, ob-
structions and similar defects.
Subd. 3. "Massaee" means the rubbing, stroking, knead-
ing, 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. crate" means to own, manage or conduct, or
to have control, charge or custody over.
Subd. 5. "Therapeutic massage enterprises" means a
place of business providing massage services to the public
for consideration: the term does not include a hospital,
sanitarium, resC home, nursing home, boarding home or
other institution for the hospitalization or care of other
human beings duly licensed under the prnvisions of Min-
nesota Statutes, Sections 144.50 through 144.69.
Subd. 6. `"1'heraoeutic massage theraoist" means aper-
sonwho 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 lo-
cated within the city, serves as a point of assignment of em-
ployees who respond to requests for services from within
the city.
1188.05 License required.
Subd. 1. Theraneutic massag ent rprises It is unlawful
to operate, offer, engage in or carryon massage services in
the city without a therapeutic massage enterprise license:
Subd. 2. Theraneutic massage theraoist license It is un-
lawful to practice, administer or provide massage services
in the city without a therapeutic massage therapist li-
cense.
1188.07 E~ptions A therapeutic massage enterprises
license or therapeutic massage therapist license is not re-
quired for the following persons and places
a. persons licensed by the state to practice medicine,
surgery, osteopathy, chiropractic, physical therapy or po-
diatry, provided that the massage is administered in the
regular course of the medical treatment and 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;
c. persons employed by and working solely under the di-
rection and control of a person duly licensed by the state
to practice medicine, surgery, osteopathy, chiropractic,
physical therapy or podiatry; this does not include thera-
peutic massage therapists employed as an independent
contractor;
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.
1188.09 .en cal r ~ I .The owner or operator of a licensed
therapeutic massage enterprise may employ only licensed
therapeutic massage Lherapists to provide massage ser-
vices. Theowneroroperatorofalicensedtherapeuticmas-
sageenterprise need not be licensed as a therapeutic mas-
sage therapist unless that owner or operator personally
]:rovides massage services.
1188.11.1 License annlication
Subd. 1. Therapeutic massage enterprise The application
for a therapeutic massage enterprise license must contain
the following information.
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 to-
gether with a plan of the area showing dimensions, loca-
tion 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 anti 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 aze on file with the building inspection, 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 nanre 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 of the applicant and the ap-
plicant'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) whether the applicant is a citizen of the United States
or a resident alien or has the legal authority to work in the
United States;
(4) residence addresses of the applicant during five years
preceding the date of application;
(5) the type, name and location of every business or occu-
pation the applicant has been engaged in during the pre-
ceding five years;
(6) names and addresses of the applicantis employers for
the {>receding five years;
(7) if the applicant has ever been convicted of a felony,
crime or violation of an ordinance other than a minor traf-
ficoffense; if so, the applicant must furnish information as
to the time, place and offense involved in the convictions;
C8) ifthe applicant has ever been engaged in the operation
of massage services; if so the applicant must furnish in-
formation as to the name, place and length of time of the
involvement is such activity.
c. For applicants that are partnerships:
(1) the names and addresses of general and limited part-
ners and the information concerning each general partner
described in subd. lb. of this section;
(2) the managing partners must be designated, and the
interest of each general and limited partner in the busi-
ness must be disclosed;
(3) a true copy of the partnership agreement must be sub-
mitted with the application, and if the partnership isre-
quired to file a certificate as to a trade name under Min-
nesotaStatutes, section 333.02, a certified copy of that cer-
tificate must be submitted.
The license, if issued, will be in Che name of the partner
ship.
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 and information of
the nature described in subd 1.6. regarding such persons;
(3)the .name of the general manager, corporate officers,
proprietor, and other person in charge of the premises to
be licensed, and the infornation'about those persons de-
scribed in subd. l.b.;
(4) a list of the persons who own or have a controlling in-
terest inthe corporation or organization or who are officers
of the corporation or organization,together with their ad-
dresses and the iriformxtion regarding such persons de-
scribed in subd. l.b. of this section.
Subd. 2. Theraneutic massap~ ther est. An application
for a therapeutic massage therapist license must contain
the following information:
a. the applicant's name and address;
h. the applicant's current employer;
c. the applicant's employers for the previous five years,
including employer's name, address and dates of employ-
ment;
d. the applicant's residence address for the previous five
years;
e. the apllicant's 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 traf-
fic offense, and if so, the time, place and offense involved
in the convictions;
g. whether the applicant is a citizen of the United States
or a resident alien or has the legal authority to work in the
United States; "
h. if the applicant has every 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;
i. evidence that the applicant:
(U isamemberingoodstandingoftheAmericanMassage
Therapy Association, the Associated Bodywork and Mas-
sage Professionals or other organizations of therapeutic
massage professionals which has a similar written and en-
forceable code of ethics, and has been currently approved
by the public safety director;
(2) has current insurance coverage over $1,000,000 for
professional liability in the practice of massage;
(3) is affiliated with, employed by or owns a therapeutic
massage enterprise licensed by the city;
(4) has completed 400 hours of certified therapeutic mos-
sage training from a recognized school accredited by one of
the national organizations described in paragraph (1);
(5) has at least two years of experience practicing mas-
sage therapy.
j. Other information that the city council may require
1188.13 ~pnlication and investigation fees. -The fees for
a massage enterprise and massage therapist licenses are
as provided in Appendix D. A background investigation
fee will be charged for all new therapeutic massage enter-
prise licenses and therapeutic massage therapist licenses
and are as provided in Appendix D. An application for ei-
therlicense must be accompanied by payment in full of the
required license and investigation fee.
1188:15 Applicatioh verification and consideration.
Subd. 1. Theraneutic massage enterprise license. The
public safety director must verify the information supplied
on the license application and investigate the background,
including the criminal background, of the applicant to as-
sure compliance with this section. Within 21 days of re-
ceipt of a completed application and fee for a therapeutic
massage enterprise license, the public safety director must
make a written recommendation to the city council as to
issuance or non-issuance of the license. The city council
may order additional investigation if it deems it necessary.
5ubr1. 2 Theraneutic massage ther pjst license. The pub-
licsafety director must verify the information supplied on
the license application and investigate the background, in-
cludingthe criminal background, of the applicant to assure
compliance with this section. Within 21 days of receipt of
a complete application and fee for a therapeutic massage
therapist license, the public safety director must grant or
deny the application. Notice will be sent to the applicant
upon a denial informing the applicant of the right to ap-
peal tothe city council within 14 days. If an appeal is prop-
erlymade, the matter wilt be placed on the next available
council agenda.
1188.17 Persons ineligible for license
Subd. 1. Theraneutic massagee. entetprise licence A ther-
apeuticmassage enterprise license may not be issued to an
individual who:
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 com-
petentevidence ofsufficient rehabilitation and present fit-
ness to perform the duties and responsibilities of a licensee
as prescribed by Minnesota Statutes, section 364.03,sub-
division 3;
c. is not a citizen of the United States or a resident alien
or has the legal authority to work in the United States;
ci. is not of good moral character or repute;
e. is not the real party in interest of the enterprises;
f. has misrepresented or falsified information on Che li-
cense application;
g. owes taxesor assessments to the State, county, school
district or city that are due and delinquent.
Subd. 2. Therapeutic massag . h rapist license A thera-
peutic massage therapist license may not be issued to a
person who cannot meet the requirements in 1188.17
subd. 1, paragraphs a - g or who is not (1) affiliated with,
(2) employed by or (3) does not hold, a therapeutic massage
enterprise license by the city or cannot meet the definition
of a therapeutic massage therapist in section 1188.03 or in
1188.11 subd. 2. (paragraph D.
terprise license
Subd. 1. A therapeutic massage enterprise may not tre li-
censed 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
of 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. 7,oning cvm Hance. A therapeutic massage en-
terprise may not be licensed if the location of such enter-
prise is not located in one of the general commercial dis-
tricts of the city and does not meet all zoning requirements.
1188.21 General license restrictions.
Subd. I_ P in A therapeutic massage enterprise li-
censemust be posted in a conspicuous place an the premis-
es for which it is used. A person licensed as a therapeutic
massage therapist must have in their possession a copy of
the license when therapeutic massage services are being
rendered.
Subci. 2. Area. A therapeutic massage enterprise license
is effective only for the compact and contiguous space spec-
ified in the approved license application. If the licensed
premises are enlarged, altered or extended, the licensee
must inform the public safety director A licensed thera-
peutic massage therapist may perform on-site massage at
a business, public gathering, private home or other site not
on tyre therapeutic massage enterprise premises.
Subd. 3. Affiliation with enterprise required A massage
therapist must be employed by, affiliated with or hold a
therapeutic massage enterprise business license issued by
the City unless a person or place is specifically exempted
from obtaining a therapeutic massage enterprise license in
section 1188.07 of this code.
Subd. 4. 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. 5. Emnlovment of unlic n d mac a th rani
prohibited. No therapeutic massage enterprise shall em-
ploy or use any person to perform therapeutic massage
who is not licensed as a therapeutic massage therapist
under this code, unless the person is specifically exempted
from obtaining a therapist license in Section 1188.07 of
this Code.
Sulxl. 6. Coverings. The massage therapist must require
that the person who is receiving the massage will at all
times have that person's breasts, buttocks, anus and gen-
italscovered with non-transparent materialorclothing. A
massage therapist performing therapeutic massage must
have the therapist's breasts, buttocks, anus and genitals
covered with anon-transparent material or clothing at all
times.
Subd. 7. Prohibited massage. A massage therapist may
not intentionally massage or offer to massage the penis,
scrotum, moos veneris, vulva or vaginal area of a person.
1188.23 Restrictions regardi sanitation and health.
Subci. 1. A therapeutic massage enterprise must be
equipped with adequate and conveniently located toilet
rooms for the accommodation ofits employees and patrons.
The toilet room must he well ventilated by natural or me-
chanical methods and be enclosed with a door. The toilet
room must be kept clean and in good repair and be Cully
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 azea on which the patron receives
the massage. If the table, chair or furniture on which a pa-
tron receives the massage is made of material impervious
to moisture, such table, chair or furniture must be sani-
tized after each massage.
Subd. 3. The therapeutic massage therapist must wash
their hands and arms with water and soap, anti-bacterial
scrubs, alcohol and other disinfectants prior to and follow-
ing 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 re-
quired by_this code.
Subd. 8. Therapeutic massage enterprises must b'e main-
tained in good repair and sanitary condition.
Subd. 9. Therapeutic massage enterprises must comply
with the requirements of the Minnesota Indoor Clean Air
Act.
Subd. 10. A therapeutic massage enterprise:
reasonable steps to prevent the spread ofinf
communicable diseases on the licensed premi:
Subd. 11. Therapeutic massage .therapists
clean clothing when performing massage serv.
1188.25 T icence term: renewals. Licenses exI
ly on December 31st of each year. The license
prorated in 30 day increments for licenses i
June 30. The public safety director must pre
plication form for the renewal of a license regc
motion that the public safety director detern
sary for consideration of the renewal. The rer
cation must be made no later than November
a reasonable period after the completion of the
cense verification process, the public safety di
accept or deny the license application in accoc
this division. If the application is denied, the
ty director shall notify the applicant of the del
in writing and by regular and certified mail to
provided on the application form. The notice
the applicant of their right, within fourteen (15
receipt of the notice by the applicant, to refue:
of the public safety director's denial Co the Cit;
1188.27.1 Suspension revocation A licen
under this section may be suspended or revoke
council by resolution upon notice and public
any violation of this Chapter, conviction of ai
misdemeanor or any fraud, misrepresentatioi
rect statements in the license application or it
of operating or conducting business. A revoca
pension by the City Council shall be preceded
notice to the licensee and a hearing. The optic
ah least fourteen (14) days notice of the time
the hearing anal shall state, the nature of t
against the licensee. The notice shall be mail
far and certified mailto the licensee at the mos
dress listed on the license application.
1188.29 Temporary theraoist license
Subd. 1. The public safety director may issue a
therapeutic massage therapist license as prov.
subsection.
Subd. 2. A temporary therapeutic massage t
cense may be issued to a person who:
a. is qualified to hold a massage therapist lic
this code;
b. has completed the required application and
cense fee at least 14 days prior to the effective
license.
Subd. 3. A temporary license is effective for fo
five days. A person may not be issued more
temporary licenses during a 12 month period.
a temporary massage therapist license is prov
pendix D. An investigation fee will be charged
rary therapeutic massage therapist licenses ;
provided in appendix D.
1188.30 Hours of operation A licensed theca{
sage enterprise may not operate for business b
hours of 10 p.m. and 8 a.m. of any day.
1188.33 Inspections. A peace officer or any pr
ignated employee of the City or the State of Mi ni
enter, inspect and search the business premi
therapeutic massage establishment, Burin{
hours without a warrant.
Passed by the City Council of the City of Rich
nesota this 13th day of September, 1999.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk