1974-12Bill 1974-12
AMENDMENT OF CHAPTER V, PART II
OF THE ORDINANCE CODE OF THE
CITY OF RICHFIELD, MINNESOTA
CITY OF RICHFIELD DOES ORDAIN:
Chapter V, Part IV of the Ordinance Code of the City of Richfield, Minnesota
relating to amusement and recreation is hereby amended by adding the following
new section thereto;
5.26. REGULATION OF THE PRACTICE OF MASSAGE
Subd. 1, Definitions.
(1) "Massage" means the rubbing, stroking, kneading, tapping, or
rolling of the body with the hands for the exclusive purpose
of physical fitness, relaxation or beautification and for no
other purposes,
(2) "Masseur" means a male person who practices massage,
(3) "Masseuse" means a female person who practices massage,
~4) "Certificate" means a certificate issued by the City authorizing
the holder thereof to practice massage in the City of Richfield.
Subd. 2, Massage Distinguished. The practice of massage is here declared
to be distinct from the practice of medicine, surgery, osteopathy, chiropractic,
physical therapy, or podiatry and persons duly licensed in this state to practice
medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, nurses
who work soley under the direction of any such persons, athletic directors and
trainers are hereby expressly excluded from the provisions of this section,
Beauty culturists and barbers who do not give, or hold themselves out to give,
massage treatments, as defined herein, other than is customarily given in such
shops or places of business, for the purpose of beautification only shall be
exempt from the provisions of this section,
Subd. 3, Certificate Required, No person shall engage in, or hold himself
out as being engaged in, the practice of massage within this city without first
having obtained a certificate as hereinafter provided, except that any person who
is currently registered by the State Board of Medical Examiners and who has reg~
istered with the police department of the city pursuant to Section 5.25, Subd, 11
of this code need not have a certificate until January 1, 1975.
Subd, 4. Contents of Application, Application shall be made only on forms
provided by the police department, The application shall contain the following
information together with any other information which the Director of Public
Safety may require;
.(1) Evidence of the applicant's educational qualifications, including
originals or certified copies of degrees, diplomas or certificates,
if any.
(2~_Eyidence of applicant's practical qualifications to practice
massage,
(3) Evidence that the applicant is of good moral character,
(4) The names and addresses of two persons, residents of Hennepin
County, who may be referred to as to the applicant's character,
(5) Whether the applicant has ever been convicted of a crime or
offense other than a traffic offense, and if so, information as
to the time, place and nature of such crime or offense.
(6) Evidence in the form of a current certificate from a licensed
physician practicing in Minnesota indicating (a) that within
the past 30 days he has examined the applicant, and (b) that
such examination was for the purposes of determining whether
applicant had any communicable disease and (c) that as a re-
sult of such examination he believes that applicant is not suff-
ering from any communicable disease which would disqualify
the applicant from engaging in the practice of massage,
I_n addition to the application, the Director of Public Safety may interview the
applicant and may require that the applicant pass an examination testing appli-
cant's knowledge of the practice of massage.
Subd, 5. Certificate Fee and Certificate Year, The annual certificate fee is
$25.00. A certificate unless revoked, is for the calendar year, or part thereof
for which it has been issued,
Subd. 6. Granting or Denial of Certificate, Certificate applications shall
be reviewed by the police department and such other department as the Director of
Public Safety shall deem necessary, Thereafter certificates shall be issued or
denied by the Director of Public Safety subject to the provisions of this section.
The applicant may appeal a denial by the director to the city council,
Subd, 7 Conditions Governing Issuance.
(1) Certificates shall be issued only to persons of good repute,
~2) Certificates shall be issued only to persons free of convictions
of offenses which involve moral turpitude or which relate directly
to the person's ability, capacity, or fitness to perform the
duties and discharge the responsibility of the occupation.
(3) Certificates shall not be issued to persons who, within one year
prior to the date of application has been denied certification
or who has had his certificate revoked.
(4) Certificates shall be issued only to persons who have answered
fully all of the information requested in the application and
have paid the full certification fee,
(5) Certificates shall be issued only to persons 18 years of age or
older,
Subd. 8, Restrictions and Regulations,
~ Any person acting as a masseur or masseuse shall have his
ce~'tificate or a true copy thereof displayed in a prominent
place at his place of employment.
(21 Upon demand by any police officer, any person engaged in
practicing, massage shall identify himself giving his true legal
name and his correct address,
(3) Any person practicing massage within the city shall inform the
city of any changes in employment or location of employment within
the city,
~1
(4) Any person engaging in massage in the city shall inform the city
of any change in his residence address within 30 days of such change.
(5) No person engaged in the practice of massage shall perform such
service between the hours of 3;00 o'clock a.m, and 8;00 o'clock a.m,
on the same day.
(6) Every person to whom a certificate is issued shall appear personally
at the Department of Public Safety to receive delivery of the certifi-
cate, and upon such appearance shall be photographed for identification
purposes. One copy of the photograph shall be permanently affixed to
the certificate and a second copy shall be kept in the files of the
Department of Public Safety.
(7) Massage may be practiced only be certified masseuses or masseurs
and may only be practiced at business establishments licensed pursuant
1 to Section 5.25 of this code.
Subd, 9. Revocation and suspension of Certificate. Certification may be
revoked or suspended or not renewed by the Director of Public Safety for any of
the following;
(1) Fraud, deception or misrepresentation in connection with the
securing of certification,
(2) Habitual drunkenness or intemperance in the use of drugs in-
cluding but not limited to the use of drugs defined in either
26 USC S 4731 or Minnesota Statues, Section 618.01, barbitu-
rates, hallucinogenic
etamines, Benzedrine, dexedrine
or other sedatives, depressants, stimulants or tranquilizers.
(3) Conduct inimical to the interests of the public health, safety,
welfare or morals.
(4) Engaging in conduct involving moral turpitude.
(5) Failure to fully comply with the requirements of subdivisions
7 and 8 of this section,
(6) Conviction of an offense involving moral turpitude by any
court of competent jurisdiction.
SUN NEWSPAPERS
AFFIDAVIT OF PUBLICATION
RICHFIELD sUN
6601 W. 78th St.
State of Minnesota
County of Hennepin
SS.
Bloomington, Minnesota
J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated
has been the vice president and printer of the newspaper known as The Richfield Sun
and has full knowledge of the facts herein stated as follows: (1) Said newspaper
is printed in tine English language in newspaper format and in column and sheet form
equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and
is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted
to news of local interest to the community which it purports to serve and does not wholly
duplicate any other publication and is not made up entirely of patents, plate matter and
advertisements. (4) Said newspaper is circulated in and near the municipality which it purports
to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of
at least 75% of its total circulation currently paid or no more than three months in arrears
and has entry as second-class matter in its local post-office. (5) Said newspaper purports to
ve the City of Richfield in the County of Hennepin and it has its known office of
e in the City` of Bloomington in said county, established and open during its regular business
s for the gathering of news, sale of advertisements and sale of subscriptions and main~
ned by the managing officer or persons in its employ and subject to his direction and con•
1 during all such regular business hours and devoted exclusively during such regular
business hours to the business of the newspaper and business related' thereto. (6) Said news-
paper files a copy of each issue immediately with the State Historical Society. (7) Said news-
paper has complied with all the foregoing conditions for at least two years preceding the day
or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of
State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the
form prescribed by the Secretary of State and signed by the publisher of said newspaper and
sworn to before a notary public stating that the newspaper is a legal newspaper.
He further states on oath that the printed Blll 1971-1.2
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, for ABC' successive weeks;
that it was first so published on ThUrs the '`2 day of Septt3mber 19 ?1a
and was thereafter printed and published on every to and including
the day of _, 19 and that the following is a printed copy
the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being
size and kind of type used in the composition and publication of said notice, to-wit:
abcdefghi j klmn op grstuvwxyz
abcdef~h ijklm nopgrstuvwxyz
Subscribed and sworn to before me this ~_V day of Sept61rib2r 19 74
1
BILL NO. ly'J4=1t `
i1#4ENDMENT OF CHAPTER V
PART II .
OF THE ORDINANCE CODE
OF THE
CITY OF RICHFIELD
MINNESOTA
CITY OF RICHFIELD DOES OR-
DAIN:
Chapter V, Part !I of the Ordinance
Code of the City of Richfield, Min-
nesota relating to amusement and
recreation is hereby amended by ad-' .
ding the following. new 'section
thereto:
S.YB. REGULATION _ OF THE
PRACTICE OF MASSAGE
Subd. 1. Definilloas.
111 "Massage" mesas the rnb•
Bing, stroking, kaesdiag, tap•
ping,'or rolling of the body with
the hands for the ezclusive par-
poae of physical fitcesa, relaxa-
tion or beautification and for no
other purposes.
($) "Masseur" means a male
person who practices massage.
131 "Masseuse" means a
female person wdo practices
massage.
(41 "Certificate" means a cer-
tificate issued by the City au-
thorizing the holder thereof to
praMice massage in the City of
Richfield.'
Subd. 2. Massage Distiognished.
The practice of massage is hereby
declared to be distinct nom the prac-
tice of medicine, surgery, os-
teopathy, chiropractic, physical
therapy, or podiatry and persons
duly licensed in this state to practice
medicine, surgery, osteopathy,
chiropractic, physical therapy or
podiatry, nurses who work solely
under the direction of any such per-
sons,athletic direMors and trainers
are hereby expressly excluded Erom
the. provisions of this section. Beauty
culturists and barbers who do not
give, or hold themselves out to give,
massage treatments, as defined
herein, other than is customarily
given in such shops or places of busi-
ness, for the purpose of beautifica-
tion only shall be exempt from the
provisions of this section.
Subd. 3. Certificate Required. No
person shall engage in, or hold him-
self outasbeing engaged io, the prac-
tice of massage within this city with-
oat first having obtained a certificate
as hereinafter provided, except that
any person who Is currently regis-
tered by the State Board of Medical
Examiners and who has registered
with the police department of the city
pursuant to Section 5.25,.Sabd. 11 of
this code need not have a certificate
until January, Y, 1975.
Subd. 9. Contents of Application.
Application shall be made only on
forms provided by the police de-
partment. The application shall con-
tain the following information to-
gether with any other Information
which the Director of Public Safety
may require:
(1) Evidence of the applicant's
educational qualifications, in-
cluding originals or certified
copies of degrees, diplomas or
certificates, if any.
(2) Evidence of applicant's
practical qualifications fo prac-
ticemassage.
(3) Evidence that the applicant
is of good moral character.
(4) The names and addresses
of two persons, residents of Hen-
nepin County, who maybe refer-
red to as to the applicant's
Cher the applicant has
convicted of a crime or
her l6ao-a trefik of-"
if so, information as to
place and nature of
e or olfanse::~~..,,
fence in the' of a
eertfficate ~ tNtbn a
hysician practicing in
"u~ file past 30 days 11~~,,has ex-
. •t~" m'n ~ the applicanl;`~llnd (b)
`~~Uiafcsuch examinatioq.~was for
.the patposes of det`ermihing
~whethe~ applicant had any
~comm~idicable disease end (c)
t91ta'C-~6ip a result of such"examina-
ti~rti believes that applicant is
"~~ `~fjering from any com-
~~.,t•,.
m le disease which would
dtq)}glify the applicant from en-
gaging mthe practice of mes-
sage.
In addition to the application, the Di-
rector of Public Safety may inter-
view the applicant and may require
that the applicant pass an examine.
-lion testing applicant's knowledge of
the practice of massage.
Subd. 5. Certificate Fee and Cer-
tificate Year. The annual certificate
fee is $25.00. A certificate unless re-
voked, is for the calendar year, or
part thereof for which ft has been is-
sued.
Subd. 6. Granting or Denial of Cer-
tificate. Certificate applications
shall be reviewed by the police de-
Safety for any of thrfolbwing:
(1) Freud, deception or mis-
representation in connection
with the securingof ceMiflcatioa.
(21 Habitual drunkenness or
intemperance la the use of drugs
including but not limited to the
use of drugs defined in either E& ,
USC Section 4731 or Mimesota"
Statutes, Section 818.01, barbitu-
rates, hallucinogenic drugs, am-
phetamihes, Benzedrine, dexed-
rine, or other sedatives, depre-
ssants, stimulants or traaquitlz-
ers.
13) Conduct inimical to the in•
tercets of the public health, safety,
welfare or morals.
14- Engaging In conduM involving
moral turpitude.
(5) Failure to fully comply with the
requirements of subdivisions 7 and S
of this section.
(8) Conviction of ah offense involy-
ing moral turpitude by soy !curt of
competent jurisdiction.
The certificate holder may appeal
such suspension, revocation or noo-
renewal to the city council. The coun-
cil shall consider the appeal at the
next regularly scheduled council
meeting on or after 18 days from ser-
vice of the notice of appeal upon the
City Clerk by the certificate holder.
Hearing on the appeal shall be open
to the public and the ceMiffcate hol-
der shall have the right to appear and
be represented by legal counsel and
to offer evidence in behalf of certffi•
cation. At the conclusion of the Bear-
ing the counsel may order:
(1) Thal the revocation, sus-
pension or non•renewal by the
Director of Public Safely be af-
firmed.
12) That the revocation, sus-
pension or non-renewal by the
Director of Public Safety be
lifted and that the certificate be
returned to the certificate hol-
den
(3) The city council may base
either suspension or. issuance of
the certificate upon any addi-
tional terms, conditions and
stipulations which they may in
their sole discretion impose.
Subd. 10. No employer shall emp-
loy aperson to practice massage un-
lessthat person has granted a certifi-
cate pursuant to this section; and
every employer shall require that the
certification be prominently dis-
played on the business premises.
Passed by the City Council of the
City of Richfield, Minnesota this 9th
day of September, 1974.
LOREN L. LAW
Mayor
ATTEST:
THOMAS J. MORAN
Clerk
(Sept. 12, 1974)-RN
o~~ ,rte'"
v Public, Hennepin County, Minn.
July S8t'h, 1978
selfoutasheingeagagedio,theprac
lice of massage within this city with- ever,
certi
1-12 ont first having obtained a certificate playa
id newspaper, and was printed as hereiaaftei• provided, except that
erson who is currently regis- Pa
City
any p
tered by the State Board of Medical day ~
Examiners and who has registered
with the police department of the city
C7T16 successive weeks;
for pursuant to Section 5.25,.Sabd. 11 of
this code need not have a certificate ATT
THd
until January, 1, 1975. Cler
Subd. 4. Contents of Application.
Application shall be made only on
1'
September 71.1.
9 forms provided by the police de-
The application shall con-
ent
t
~
of 1 .
m
par
tain the following information to-
gethe~ with any other information
which the Director of Public Safety
to and including may require:
(1)Evldenceoftheapplicant's
tional qualifications, in-
educa
cluding originals or certified
copies of degrees, diplomas or
certificates, if any.
(2) Evidence of applicant's
the following is a printed copy praMical qualifications to prac-
hereby acknowledged as being lice massage.
on of said notice, to-wit: (3)Evidencethattheappiicant
is of good moral character. ,
(4) The names and addresses
of two persons, residents of Hen-
/ ~ ~ nepfn Connty, who may be refer-
red to as to the applicant s
character.
t5); ~IYhether the applicant has
;et!er by fe convicted of a crime or
than-s tt'aftic ot-
othe
~`
r
~e+asF
information as to
f if se
~8 'j,BTii~Er 71~
19- ,
feosie,;ata
lace and nature of
Yea time; p
crime or offense: ,4 .
'dente in the f of a
~ ~,
1 hatiMn a
'
,
certificate :
=-=~r~
.~'r:'. ~-..6vcirinn maetieinB In
~a~?
i.
30 days has ex-
iplicanf, nd (bl
;:tjiak.sach examinatio¢~aas for
..,the pnlrposes of determining
rwhethe'r applicant had any
reommiidicabie disease and Ic)
tgiet~¢ a result of sach'examina-
tilitr~ believes that applicant is
'"i'b'r Bering from any com-
`jpt le disease which would
d(' fy the applicant from en-
gaging mthe practice of mas-
sage.
In addition to the application, the Di-
rector of Public Safety may inter-
view the applicant and may require
that the applicant pass an examin~-
tioo testing applicant's knowledge of
the practice of massage.
Subd. 5. Certificate Fee and Cer-
tificate Year. The annual certificate
fee is $25.00. A certificate unless re-
voked, is for the calendar year, of
part thereof for which ft has been is-
sned.
Subd. 6. Granting or Denial of Cer-
tificate. Certificate applications
shall be reviewed by the police de-
partment and such other department
as the Director of Public Safety shall
deem necessary. Thereafter certfH-
cates shelf 6e issued or denied by the
Director of Public Safety subject to
the provisions of this section. The ap-
plicant may appeal a denial by the
director to the city council.
Sud. 7. Conditions Governing Is•
nuance.
(1) Certificates shall be iasned
only to persons of good repute.
(2) Certificates shall be issned
only to persons free of convic-
tions of offenses which involve
moral turpitude or which relate
directly to the person's ability,,
capacity, or fitness to perform
the duties and discharge the re•
sponsfbility of the occupation.
(3) Certificates shall not be is-
sued to persons who, within one