ORDINANCE 77 SAUNAS AND MASSAGE PARLORS... 77-1 Section 77.1. Findings of the Council... 77-1 Section 77.2. Definitions... 77-1 Section 77.3. License Required... 77-3 Section 77.4. License Applications... 77-3 Section 77.5. Application Requirements, Investigation and Consideration, and License Term and Renewal... 77-6 Section 77.6. Standards... 77-9 Section 77.7 Exemptions... 77-11 Section 77.8. General Provisions Regarding Licenses... 77-13 Section 77.9. Revocation or Suspension... 77-16 Section 77.10. Violation a Misdemeanor... 77-17 Section 77.11. Application of this Ordinance... 77-17 77-0
ORDINANCE 77 SAUNAS AND MASSAGE PARLORS Section 77.1. Findings of the Council. The Council makes the following findings regarding the need to license therapeutic massage enterprises and therapists and to prohibit all other types of massage businesses and services to the public: Subd. 1. Persons who have bona fide and standardized training in therapeutic massage, health, and hygiene can provide a legitimate and necessary service to the general public. Subd. 2. Health and sanitation regulations governing therapeutic massage enterprises and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. Subd. 3. License qualifications for the restrictions on therapeutic massage enterprises and therapists can minimize the risk that such businesses and persons will facilitate prostitution and other criminal activity in the community. Subd. 4. Massage services provided by persons with no specialized 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. Subd. 5. Massage businesses which employ persons with no specialized and standardized training can tax City law-enforcement services, because such businesses are more likely to be operated as fronts for prostitution and other criminal activity than operations established by persons with standardized training. Subd. 6. The training of professional massage therapists at accredited institutions is an important means of ensuring the fullest measure of protecting the public health, safety, and welfare. Section 77.2. Definitions. Applicant any person making an application for a license under this Section. Application a form to be completed by the applicant as his or her request for a license, furnished by the City and required as a prerequisite to the consideration of the issuance of a license. 77-1
Accredited Institution an educational institution holding accredited status with the United States Department of Education. Accredited Program a professional massage program accredited by the Commission on Massage Therapy Accreditation (COMTA). Clean the absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter. Good Repair free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good and sound condition. Issuing Authority the City of Waite Park. Massage any method of pressure on, or friction against, or the rubbing, stroking, kneading, tapping, pounding, vibrating, stimulating, or rolling of the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations. Massage Therapist an individual who practices or administers massage to the public who can demonstrate to the Issuing Authority that he or she: A. has current insurance coverage of one million dollars ($1,000,000) for professional liability in the practice of massage; B. is affiliated with, employed by, or owns a therapeutic massage enterprise licensed by the City; and C. Massage therapists shall be licensed as provided in this Section, unless defined as an unlicensed health care provider by, and practicing according to, Minnesota Statute 146A. D. has completed certified therapeutic massage training with content that includes subjects of anatomy, physiology, hygiene, ethics, massage theory and research, and massage practice from an Accredited Institution or Accredited Program approved by the Issuing Authority. Operate to own, manage, or conduct, or to have control, charge, or custody over. Person(s) any individual, firm, association, partnership, corporation, joint venture, or combination of individuals. Therapeutic Massage Enterprise a business which employs or hires therapeutic massage therapists licensed in accordance with this Section to provide massage to the public. 77-2
The owner/operator of a therapeutic massage enterprise need not be licensed as a therapeutic massage therapist if he or she does not at anytime practice or administer massage to the public. Within the City includes 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. Section 77.3. License Required. Subd. 1. Therapeutic Massage Enterprise License. It shall be unlawful for any person to operate, engage in, or carry on, within the City, massage services for the public for consideration without first having obtained a license from the City pursuant to this Section. Subd. 2. Massage Therapist License. It shall be unlawful for any individual to practice, administer, or provide massage services to the public for consideration within the City without first having obtained a license from the City pursuant to this Section. Section 77.4. License Applications. Subd. 1. Application. All applications for licenses issued under this Section shall be made on forms supplied by the Issuing Authority. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. Subd. 2. Therapeutic Massage Enterprise License Application. An application for a therapeutic massage enterprise license shall request the following information: A. All Applicants. 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 paid, the years and amounts that are unpaid. 77-3
5. Whenever the application is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans for design are on file with the City Building Inspections Department, no plans need be submitted to the City. 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 as required by Minnesota Statutes 333.01. 7. The amount of the investment that the applicant has in the business, building, premises, fixtures, furniture, and equipment, and proof of the source of such investment. The identity of all other persons investing in the business, building, premises, fixture, furniture and equipment, the amount of their investment and proof of the source of such investment. 8. The name and address of each person employed or who the applicant intends to employ as a massage therapist at the premises, a copy of the person s massage therapist license issued by the City and any other jurisdiction, if any, and documentation to evidence compliance with Section 77.2, Massage Therapist, C. 9. Such other information as the City Council or Issuing Authority may require. B. Individuals. For applicants who are individuals: 1. The name, place and date of birth, and street residence address of the applicant. 2. Whether 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. 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. Street addresses at which the applicant has lived during the preceding five (5) years. 5. The type, name, and location of every business or occupation the applicant has been engaged in during the preceding five (5) years. 6. Names and addresses of the applicant's employers for the preceding five (5) years. 77-4
7. Whether the applicant has ever been convicted of any felony, crime, or violation of any ordinance other than a minor traffic offense. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. 8. Whether the applicant has had an interest in, as an individual or as part of a corporation, partnership, association, enterprise, business or firm, a massage license that was revoked or suspended within the last five (5) years of the date the license application is submitted to the City. 9. Whether the applicant has ever been engaged in the operation of massage services. If so, applicant shall furnish information as to the name, place and length of time of the involvement in such an establishment. C. Partnerships. For the applicants that are partnerships: the names and addresses of all general and limited partners and all information concerning each general partner as is required in B. 2. of this Section. The managing partners shall be designated, and the interest of each general and limited partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the application, and if the partnership is required to file a certificate as to an assumed name under Minnesota Statutes 333.02, a certified copy of such certificate shall be submitted. The license shall be issued in the name of the partnership. D. Corporations and Other Organizations. For applicants that are corporations, limited liability companies, or other business entities, other than a partnership (all referred to as a corporation or organization): 1. The name of the corporation, limited liability company or organization, and if incorporated or organized, the state of incorporation or organization. 2. A true copy of the Certificate of Incorporation or Certificate of Organization, and, if a foreign corporation, a Certificate of Authority as described in Minnesota Statutes 303.06. 3. The name of the general manager, officers, proprietor, and other person in charge of the premises to be licensed, and al the information about said persons as is required in B. 2., of this section. 4. A list of all persons who own or control an interest in the corporation or organization or who are officers of said corporation or organization, together with their addresses and all the information regarding such persons as is required in B. 2., of this Section. 77-5
Subd. 3. Massage Therapist License Application. An application for a massage therapist license shall request the following information: A. The applicant s name and current address. B. The applicant s current employer. C. The applicant s employers for the previous five (5) years, including the employer s name, address and dates of employment. D. The applicant s addresses for the previous five (5) years. E. The applicant s date of birth, home telephone number, weight, height, color of eyes, and color of hair. F. Whether the applicant has ever been convicted of any felony, crimes, gross misdemeanors, misdemeanors or violation of any state statute, or violation of any ordinance other than a minor traffic offense and, if so, the time, place, and offense for which convictions were had. G. Whether the applicant has had an interest in, as an individual or as part of a corporation, partnership, association, enterprise, business or firm, a massage license that was revoked or suspended within the last five (5) years of the date the license application is submitted to the City; H. Whether the applicant is a U.S. citizen or resident alien or has the legal authority to work in the United States. I. Whether 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. J. Whether the applicant meets the definition of massage therapist in Section 77.2. K. Such other information as the City Council or Issuing Authority may require. Section 77.5. Application Requirements, Investigation and Consideration, and License Term and Renewal. Subd. 1. Filing. An application for a therapeutic massage enterprise or therapist license under this Section must be filed with the Issuing Authority. 77-6
Subd. 2. Insurance Requirements. A. Each applicant for a therapeutic massage enterprise license shall file with the Issuing Authority a public liability insurance policy or certificate of insurance from a company authorized to do business in the State of Minnesota, insuring the applicant against any and all loss arising out of the use, operation, or maintenance of the therapeutic massage enterprise. The policy of insurance shall be in limits of not less than $1,000,000.00. B. Each applicant for a massage therapist license shall file with the Issuing Authority a current certificate of insurance providing coverage of one million dollars ($1,000,000) for personal liability in the practice of massage. C. Failure to keep in full force and effect the insurance required by this Section is grounds for suspension or revocation of the license. Subd. 3. Application and Investigation Fee, and License Fees. Upon submission of the application, applicants for therapeutic massage enterprises and therapist licenses shall pay a fee to the City which shall be considered an application and investigation fee, not refundable to applicant, and license fee, to cover the costs of the City in processing the application and the investigation thereof. All application and investigation fees, and license fees provided for in this Section shall be fixed and determined by the City Council and established in the Waite Park Schedule of Fee Charges Appendix B. Such fees, may, from time to time, be amended by the Council. Subd. 4. License Application Verification and Consideration. A. Therapeutic Massage Enterprise License. 1. Verification and Consideration. The initial application for a therapeutic massage enterprise license under this Section shall be presented to the City Council for consideration, after the Issuing Authority has verified the information on the application. The Issuing Authority is empowered to conduct any and all investigations to verify the information on the application. Upon a denial of an application by the City Council, notice shall be sent by regular mail to the applicant which shall provide the grounds for such denial. Upon approval of an application by the City Council, the Issuing Authority shall issue a therapeutic massage enterprise license to the applicant. B. Massage Therapist License. 1. Verification and Consideration. The initial application for a massage therapist license under this Section shall be presented to the City Clerk for review for compliance with this Code, after the Issuing Authority has verified the information on the application. The Issuing Authority is 77-7
empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry and/or a driver s license history inquiry on the applicant. If the City Clerk finds the application is not in compliance with this Code, the City Clerk shall deny the application. Upon a denial of the application, notice shall be sent by regular mail to the applicant which notice shall provide the grounds for such denial and shall inform the applicant of the applicant s right, within 20 calendar days of receipt of the notice by applicant, to request an appeal of the City Clerk s determination to the City Council. If an appeal to the City Council is timely received by the City Clerk, the hearing before the City Council shall take place within 20 calendar days of the receipt of the appeal by the City Clerk. If the City Clerk finds the application is in compliance with this Code, the City Clerk shall approve the application. Upon approval of an application, the Issuing Authority shall issue a massage therapist license to the applicant which shall be accompanied by a color photo of the licensee. 2. Photo I.D. Cards. Photo Identification cards shall be issued to individuals receiving a massage therapist license. Subd. 5. Current Information Required. A licensee must notify the Issuing Authority within 10 days of a change in the information or facts required to be furnished on the application for a license, even after the license has been issued. Subd. 6. Term of License. Massage Therapist and Therapeutic Massage Enterprise licenses issued under this Section shall expire at the end of the calendar year. Subd. 7. Renewal of License. A. Therapeutic Massage Enterprise License. Applications for renewal of Therapeutic Massage Enterprise Licenses issued under this Section shall be made at least ninety (90) days prior to the expiration date of the license and shall be in such form as required by the Issuing Authority. Within a reasonable period after the completion of the renewal application verification process, the renewal application shall be presented to the City Council for consideration. Upon a denial of a renewal application by the City Council, notice shall be sent by regular mail to the applicant which shall provide the grounds for such denial. Upon approval of a renewal application by the City Council, the Issuing Authority shall renew the applicant s license. B. Massage Therapist License. Applications for renewal of Massage Therapist Licenses issued under this Section shall be made at least ninety (90) days prior to the expiration date of the license and shall be in such form as required by the Issuing Authority. Within a reasonable period after the completion of the renewal application verification process, the renewal application shall be presented to the City Clerk for review for compliance with this Code. If the City Clerk finds the 77-8
application is not in compliance with this Code, the City Clerk shall deny the application. Upon a denial of a renewal application, notice shall be sent by regular mail to the applicant which notice shall provide the grounds for such denial and shall inform the applicant of the applicant s right, within 20 calendar days of receipt of the notice by applicant, to request an appeal of the City Clerk s determination to the City Council. If an appeal to the City Council is timely received by the City Clerk, the hearing before the City Council shall take place within 20 calendar days of the receipt of the appeal by the City Clerk. If the City Clerk finds the application is in compliance with this Code, the City Clerk shall approve the application. Upon approval of a renewal application, the Issuing Authority shall renew the applicant s license. Section 77.6. Standards. Subd. 1. Therapeutic Massage Enterprise License. A. No therapeutic massage enterprise license shall be issued to a person who: 1. Is not eighteen (18) years of age or older at the time the application is submitted to the City; 2. Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes 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 364.03, subdivision 3; 3. Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States; 4. Is not of good moral character or repute; 5. Is not the real party in interest of the enterprise; 6. Has knowingly misrepresented or falsified information on the license application; 7. Has had an interest in or has a person investing in the business, building, premises, fixture, furniture or equipment that had an interest in, as an individual or as part of a corporation, partnership, association, enterprise, business or firm, a massage-related license that was revoked or suspended within the last five (5) years of the date the license application is submitted to the City; 8. Cannot meet the definition of therapeutic massage enterprise in Section 77.2; 77-9
9. Owes taxes or assessments to the State, County, School District, or City that are due and delinquent; 10. Is the spouse of a person whose massage-related license has been suspended or revoked in the past five (5) years; 11. Has been denied a therapeutic massage enterprise license by the City within one (1) year of the date of the license application; or 12. Does not provide all information required by the license application or such other information as the Issuing Authority or City Council may require. 13. Does not have one (1) or more massage therapists employed by or affiliated with the therapeutic massage enterprise who is licensed by the City at the time the therapeutic massage enterprise license is issued. B. No therapeutic massage enterprise shall be licensed if: 1. Such 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, 278.01-278.13, questioning the amount or validity of taxes, the 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 (1) year after becoming due. 2. The location of such enterprise is not in conformance with the land use regulations of the City Code unless such enterprise is a legal, nonconforming use. Subd. 2. Massage Therapist License. No massage therapist license shall be issued to a person who: A. Is not eighteen (18) years of age or older at the time the application is submitted to the City; B. Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes 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 364.03, subdivision 3; C. Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States; 77-10
D. Is not of good moral character or repute; E. Has knowingly misrepresented or falsified information on the license application; F. Is not affiliated with, employed by, or does not own a therapeutic massage enterprise licensed by the City; G. Does not meet the definition of massage therapist in Section 77.2; H. Had an interest in, individually or as part of a corporation, partnership, association, enterprise, business or firm or has a massage-related license that was revoked or suspended within the last five (5) years of the date the license application is submitted to the City; I. Has been denied a massage therapist license by the City within one (1) year of the date of the license application; or J. Does not provide all information required by the license application or such other information as the Issuing Authority or City Council may require. Section 77.7 Exemptions. A therapeutic massage enterprise or therapist license is not required for the following persons and places: Subd. 1. Persons duly licensed as a doctor by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, provided the massage is administered in the regular course of the medical business as it prepares the patient for a medical procedure or complements a medical procedure previously performed on the patient not provided as part of a separate and distinct massage business. Any duly licensed doctor that offers any form of massage without a direct link to a medical procedure must obtain a massage license. Subd. 2. Persons duly licensed by this state as beauty culturists or barbers, provided such persons do not hold themselves out as giving massage treatments and provided the 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. Subd. 3. Persons employed solely under the direction and control of a duly licensed doctor by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry provided the massage is administered in the regular course of the medical business as it prepares the patient for a medical procedure or complements a medical procedure previously performed on the patient and not provided as part of a separate service. Subd. 4. Places duly licensed or operating as a hospital, nursing home, hospice, sanitarium, or group home established for the hospitalization or care of human beings provided the massage is administered only to the residents or patients of the facility as part of their care and not provided as a part of a separate service. 77-11
Subd. 5. Athletic trainers, certified by the National Association of Athletic Trainers (NAAT), when working with an amateur, semiprofessional or professional athlete or athletic team. Subd. 6. Students of an accredited institution who are performing massage services in the course of a clinical component of an accredited program of study, provided that the students are performing the massage services at the location of the accredited institution and provided the students are identified to the public as students of massage therapy. Subd. 7. Students of an accredited institution may perform massage services at a location other than the accredited institution, provided the accredited institution has formed a partnership with the location. Students must be under the direct supervision of the faculty of the institution. The students must be identified to the public as students of massage therapy. Students may only perform such services for no more than 12 calendar days a year, and no more than two consecutive days. Subd. 8. Students of an accredited institution who are performing massage services in the course of a clinical component of an accredited program of study at clinics or other facilities located outside the accredited institution, and without direct faculty supervision, must have earned at least 400 hours of certified therapeutic massage training at an accredited institution prior to performing the therapy outside the institution. This work may be performed only as a specific class or internship. Students may work no more than 20 hours a week. Students must be identified to the public as a student of massage therapy. A letter from the accredited institution with proof of certified training hours, authenticated through a certified coy of a transcript from the accredited institution issuing the training, a description of the course and the expected hours to be worked must be submitted to the Issuing Authority with a letter of sponsorship from the clinic or licensed facility explaining the schedule the student will be working prior to the, student beginning any massage service. Subd. 9. Persons providing chair massage are not required to obtain a therapeutic massage enterprise license if the following requirements are met: A. The massage is provided in a place of business where the massage can easily be seen by any employee or visitor on the premises; B. The location does not hold a license to sell alcoholic beverages; C. Each recipient of a massage remains in an upright position, either sitting or standing; and D. Each recipient of a massage remains in normal, daytime attire worn when entering the business and does not remove any clothing, except outerwear, such as a coat or jacket. 77-12
Section 77.8. General Provisions Regarding Licenses. Subd. 1. Posting. A therapeutic massage enterprise license issued shall be posted in a conspicuous place on the premises for which it is used. An individual licensed as a massage therapist shall also post his/her massage therapist license, with color photo, in a conspicuous place on the licensed premises at which the therapist is associated. The Issuing Authority shall issue photo identification cards to individuals who receive a massage therapist license. The individual shall have the photo identification card on such person at all times therapeutic massage services are rendered and shall display the photo identification card upon demand. Subd. 2. Premises Licensed. A therapeutic massage enterprise license is only effective for the compact and-contiguous space specified in the approved license application. If the licensed premises is enlarged, altered, or extended, the licensee shall inform the Issuing Authority. A massage therapist license shall entitle the licensed therapist to perform on-site massage at a business, public gathering, private home, or other site not on the therapeutic massage enterprise premises, excluding hotel or motel guest rooms. Subd. 3. Employment of Unlicensed Massage Therapists Prohibited. No therapeutic massage enterprise shall employ or use any person to perform massage who is not licensed as a massage therapist under this Section, unless the person is specifically exempted from obtaining a massage therapist license pursuant to Section 77.7. A therapeutic massage enterprise may not open for business until a massage therapist employed by or affiliated with the therapeutic massage enterprise is licensed by the City. Subd. 4. Affiliation With Enterprise Required. A massage therapist shall be employed by, affiliated with, or own a therapeutic massage enterprise licensed by the City, unless a person or place is specifically exempted from obtaining a therapeutic massage enterprise license in Section 77.7. Subd. 5. Hours of Operation. No customers or patrons may be allowed to enter the licensed premises after 10:00 p.m. and before 7:00 a.m. daily. No customers or patrons may be allowed to remain on the licensed premises after 10:00 p.m. and before 7:00 a.m. daily. No massage therapist shall perform massage services after 10:00 p.m. and before 7:00 a.m. daily. Subd. 6. Premises Subject to Inspection. During any hours in which any person is present on the licensed premises, the premises licensed under this Section shall be open to inspection by any duly authorized representative of the City to determine whether or not this Section and all other rules, laws and regulations are being observed. Licensee shall be subject to a $250.00 fee for a third inspection, if orders to correct are issued to a licensee and those orders are not corrected upon re-inspection. All persons, as a condition to being issued such license, consent to such inspection and without a search warrant. Upon demand by a health, building or license inspector or police officer, a person engaged in providing services in a premises licensed under this Section shall identify himself/herself giving his/her true legal name and his/her correct address. 77-13
Subd. 7. Conduct on Licensed Premises. Every licensee under this Section shall comply with the following: A. Coverage of Genitals During Massage. The licensee shall require that the person who is receiving the massage shall at all times have his or her genitals covered with non-transparent material or clothing. B. Therapist Clothing Requirements. Any massage therapist performing massage shall at all times have his or her breasts, buttocks, anus, and genitals covered with a non-transparent material or clothing. C. Effect of License Suspension or Revocation. No licensee shall solicit business or offer to perform massage services while under license suspension or revocation by the City. D. Massage of Certain Body Parts Prohibited. At no time shall the massage therapist intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva, or vaginal area of a person. Subd. 8. Condition and Maintenance of Premises. A. Cleanliness. Floors, walls, other structures, and equipment in massage rooms, restrooms and bathrooms used in connection with the massage business shall be kept clean and in a state of good repair and sanitary at all times. Linens and other materials shall be stored at least six (6) inches off the floor in areas protected from contamination. Sanitary towels, wash cloths, cleaning agents and toilet tissue shall be made available for each customer. B. Restrooms. Restrooms used in connection with the therapeutic massage enterprise shall be provided with mechanical ventilation with two (2) cfm per square foot of floor area, a minimum of twenty (20) foot candles of illumination, a hand-washing sink equipped with hot and cold running water under pressure, single-use paper towels or other approved drying device and a soap dispenser. C. Storage. Licensed premises shall have a janitor s closet for the storage of cleaning supplies. This closet shall have mechanical ventilation with two (2) cfm per square foot of floor area and a minimum of twenty (20) foot candles of illumination. The closet shall include a mop sink. For licensees operating a therapeutic massage enterprise as a home occupation, in lieu of a janitor s closet, all cleaning supplies shall be stored separate away from the bathroom and massage room and away from other equipment and supplies used in conjunction with the business. 77-14
D. Lockers. Individual lockers shall be made available for use by patrons. The lockers shall have separate keys for locking. Instead of individual lockers, therapeutic massage enterprises may provide secure areas designated for storage of personal items belonging to employees and patrons while on the premises. The requirements of this Section 77.8 8. D. shall not apply to therapeutic massage enterprises operated as a home occupation. E. Hand Washing Required. A separate hand-sink shall be easily accessible for hand washing before and after massage services are administered. A massage therapist shall wash his/her hands and arms with water and soap, anti-bacterial scrubs, alcohol, or other disinfectants before and after massage services are administered and when hands are soiled. F. Linens. The furniture upon which the patron reclines while receiving a massage shall either be covered with clean linen or be washed after each use with a cleaning agent sufficient to prevent the spread of disease. Linens and towels shall be changed after each use and laundered by a commercial cleaning establishment or in approved laundry facilities on the premises. For licensee s operating a therapeutic massage enterprise as a home occupation, linens and towels shall be washed separate from personal articles. Single-use linens shall be discarded after each use. Subd. 9. Transfer. The license issued is for the person or the premises named on the approved license application. No transfer of a license shall be permitted from place to place or from person to person without complying with the requirements of an original application. Subd. 10. Home Occupation. Whenever a therapeutic massage enterprise is operated in a residential area as a home occupation, the person(s) conducting the business shall adhere to all aspects of City Code Section 52.40 relating to home occupations. Subd. 11. Proof of Local Residency Required. In the case of a therapeutic massage enterprise, the licensee, managing partner, or manager of the licensed premises must show proof of residency acceptable to the Issuing Authority in one of the following Minnesota counties: Stearns, Douglas, Todd, Sherburne, Benton, or Wright. In the case of a massage therapist, the licensee must show proof of residency acceptable to the Issuing Authority in one of the following Minnesota counties: Stearns, Douglas, Todd, Sherburne, Benton, or Wright. Subd. 12. Posting Rates. All therapeutic massage enterprises must post their service rates in a prominent place in the entrance or lobby of the business. Subd. 13. Illegal Activities. A therapeutic massage enterprise licensee shall be strictly responsible for the conduct of the business, including conduct of any employee or agent of the licensee on the licensed premises, being in compliance with all applicable laws, ordinances, rules and regulations. 77-15
Section 77.9. Revocation or Suspension. Subd. 1. Suspension or Revocation. The City Council may suspend or revoke a license issued under this Section. The following are grounds for suspension or revocation of a license: A. Fraud, misrepresentation, or false statement contained in a license application or a renewal application; B. Fraud, misrepresentation, or false statement made in the course of carrying on the licensed occupation or business; C. Failure to comply with city ordinances or state law; D. A licensee s criminal conviction that is directly related to the occupation or business licensed as defined by Minnesota Statutes 364.03, subdivision 2, provided that the licensee cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation or business as defined by Minnesota Statutes 364.03, subdivision 3. E. Conviction of the therapeutic massage enterprise or massage therapist licensee or, manager or person in charge of the licensed premises, or an employee of the therapeutic massage enterprise of prostitution or other offense involving moral turpitude; F. Suspension or revocation of a massage therapist license of an employee employed by the licensed premises when such suspension or revocation relates to acts occurring on the licensed premises; or G. Conducting the licensed occupation or business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the community. Subd. 2. Notice and Hearing. 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 eight (8) days notice of the time and place of the hearing and shall state the nature of the violation(s) or grounds for suspension or revocation. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application. Subd. 3. Effect of Suspension by Council. If a massage therapist, or therapeutic massage enterprise license holder has his or her license suspended by the City Council, the license holder may continue his or her licensed activities after the suspension period concludes. The license holder is eligible for renewal of his or her license after the suspension period is served. 77-16
Section 77.10. Violation a Misdemeanor. A person who commits or attempts to commit, conspires to commit or aids or abets in the commission of an act constituting a violation of this Section, whether individually or in connection with one or more other persons or as principal, agent, or accessory is guilty of a misdemeanor. A person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, permits or directs another to violate a provision of this Section is guilty of a misdemeanor. Section 77.11. Application of this Ordinance. The requirements of this Ordinance shall apply to all therapeutic massage enterprise license applications and massage therapist license applications pending as of October 5, 2015. Updated 10/5/15 77-17