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HomeMy WebLinkAbout15.F.1. Massage Threrapy Regulations-Ord. No. 696 J s: F. I . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Cler~ SUBJECT: Massage Therapy Regulations DATE: January 29,2004 INTRODUCTION: The attached Ordinance No. 696 has been prepared for Council consideration. BACKGROUND: At the regular city council meeting on December 16,2003, City Council heard a request from Amy Snyder of Knead-It-Or-Knot Massage & Bodywork. Ms. Snyder asked the City Council to consider dispensing with the licensing requirements for massage therapists who work for and under the direction of a licensed massage center. In her letter of November 20, 2003, Ms. Snyder noted that as the holder of a "Center License" and owner of her business, she is already responsible for all facets of her operation and questions the need for individual licenses for any therapists that she may have. After hearing from Ms. Snyder and discussion among Council members, staff was directed to prepare an ordinance repealing in entirety the licensing of massage centers and massage therapists. Under the city code, the city clerk is authorized to issued licenses for massage therapists. Licenses for 2004 were paid for and issued to seven massage therapists prior to City Council direction to prepare the attached ordinance. City Council has approved a massage center license for 2004 for Amy Snyder and Craig Ballard. After the adoption and publication of the attached ordinance, it is recommended that the 2004 fees be refunded to all licensed massage therapists ($110) and massage centers ($150) upon surrender of their massage therapist or massage center license. Massage Therapy Regulations January 12,2004 Page -2- ALTERNATIVES: 1. Adopt the Ordinance as prepared 2. Amend the Ordinance 3. Table the Ordinance for additional information or changes RECOMMENDED ACTION: If it is Council's desire to discontinue licensing massage centers and massage therapists: 1. Offer Ordinance No. 696, An Ordinance ofthe City of Shakopee Repealing Section 6.40, Massage Centers and Saunas and Section 6.41, Masseur and Masseuse License, and move its adoption. 2. Authorize the refund of20041icense fees to massage therapists and massage centers upon the surrender of their license. I :\clerk\jeanette\licenses\MassageCenter Repeal , ,. , ~ November 20,2003 City of Shakopee 129 South Holmes Street Shakopee, Minnesota 55379 " Dear Mr. Mayor and City Council Members: ) I am hereby writing you today to request that you consider exempting Individual Massage Therapist licenses for therapists working for and under the direction of a Licensed Massage Center. As a Massage Center business owner,whol18:~onl}T.re~lltlyexpandedthis.pastyear, I clearly seenow and understand the.7cJjlem1l1~,~I1(;.cun.:e~!.~~cture cx:e~~~~:Prior to this, it , was not relevant to my sitUation however; l:d();reca1t..th.i'$;~n~r.n>,Q~~g.mentioned in the past by another Massage G~nter business ownet,tb8:t-Center,J1())oAge! exists, Throughout recent years, many have c()meJm4,f~J~9,:.,,:rQg~y, Icurr~n!lY hold the only Center license in Shakopee; perhaps this is why." - ',,'.. '-- . ---, = First lefsreview, in oroer to obtain a cei1terJiC:~#~~t1heibwner mtist~FOil1pletethe application process, have a background check ny]lielocal P.D., meefall zoning requirements including inspection, pay fee's higher than that of an individual license and have council's approval. Center Licenses' entail more legal language and "stringent" requirements than that of an individual therapist who is allowed to go into private homes or operate from their own residence. In addition, under current ordinance, each therapist working at a licensed center must also hold an individual license, meaning more applications, fees, approval, etc. Some of the problems this creates are; not being able to adequately staff my facility within a timely manner, it is not cost effective to run a center under the existing terms, it is not cost effective for therapists working part-time to obtain a license to work solely at my location, there is no incentive for a therapist to work here when they can work in a place down the street that is exempted from licensure (i.e. chiropractic office, health centers, etc.). I also have been asked by several accredited schools, to be a placement site for therapists, to complete their internship, our current structure prevents this as well. .~ 1> ..."L I'm sure you'll agree, it does appear to be cumbersome and over-regulated from a center owner's perspective. Especially given the fact that there are some business' that are "exempted" all together from needing license to practice massage therapy, even without any formal training, what-50-ever. Their not subject to background checks~ which cost money, nor any license fees, approval by council, etc. etc. Given this, it is cle~ly evident that confidence and accountability is placed in the owner's control. Which raises the question, why is it different for us? Let me remind you, we are healthcare providers as well. We get medical referrals. We work on athletes' everyday. We are qualified providers and we deserve to be treated respectfully, that includes non-discriminatory regulation. I guess the bottom line is this, as the "Center License" holder and the owner of this business, I am already responsible for all facets of my operation, so why the need for individual license and what purpose does it serve? .- ';~'c""._:;'?'l';&i. "a-"'~ Thattk"'you:fQ1;'9o~,ti~'~~_t~~~~i~!t~~=~";~J.~.~~~':"::'~~::... Respectfully, /1. ....1.. '( "~,. .. ... ~.......N:.....~I.AA~. .......:... lA. .. .... ';i" ...w.I . . ;-'V...: -.. .. ',. ...... '. .. ,', -.--_.- ..... - .... .. .. -.. ..,...._-,_._- .., ',..', Amy N. Snyder,NCTMi3}~~~1i;i:;;'{;"'H .'"!-s:;-:~'"" '. Knea:d-It-Or~KnorMassa:g~"we'gooyWork cc: Judy Cox, City Clerk Janette Shaner, Deputy City Clerk ORDINANCE NO. 696, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE REPEALING SECTION 6.40, MASSAGE CENTERS AND SAUNAS AND SECTION 6.41, MASSEUR AND MASSEUSE LICENSE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1. City Code Sec. 6.40, Massage Centers and Saunas, is hereby repealed in its entirety . Section 2. City Code Sec. 6.41, Masseur and Masseuse License, is hereby repealed in its entirety . Section 3. Effective Date. This ordinance shall become effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, held this day of , 2004. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the _ day of ,2004.