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Home My WebLink About15.F.1. Massage Therapist Licenses / S. F. /, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Cler~ SUBJECT: Massage Therapist Licenses DATE: December 12,2003 INTRODUCTION: City Council is asked to consider whether or not to dispense with the licensing requirements for massage therapists who work for and under the direction of a licensed massage center. BACKGROUND: Ms. Amy Snyder, Knead-It-Or-Knot Massage & Bodywork, has submitted a letter to the City Council questioning the need to license massage therapists who work in a licensed massage center, letter attached as Exhibit A. On April 15, 2003, City Council received a letter from Mr. Craig Ballard, Salon St. John & Spa, requesting that the current City Code relating to massage centers and massage therapists be repealed or significantly revised, Exhibit B. At that meeting both Mr. Ballard and Ms Snyder addressed the City Council. Staff was directed to provide additional information on: the need to regulate, problems in the past, streamlining the process and looking at the fees. On May 20, 2003, City Council received additional information from staff relating to licensing massage centers and massage therapists (Exhibit C) as well as a letter from Ms. Snyder suggesting that only massage therapists be licensed (not massage centers), that the educational requirements be increased and that the city's ordinance be completely redone, Exhibit D. After discussion, City Council directed staff to prepare an ordinance incorporating a number of changes to the City's regulations for massage therapy. On June 3, 2003, City Council adopted Ordinance No. 670, Amending the City Code relating to massage therapy and licensing, Exhibit E. Massage Therapist Licenses December 2, 2003 Page -2- RECOMMENDATION: After reviewing the staff reports of March 24,2003 and May 15,2003, Exhibits F and C, and after reviewing the Memo from Sgt. Bob Forberg dated May 14,2003, Exhibit G, it is recommended that no changes be made to the license requirements for massage centers and massage therapists and that the city continue to license massage centers and massage therapists. RECOMMENDED ACTION: If City Council concurs, Move to continue to license massage centers and massage therapists as outlined in the City Code, Section 6.40 and 6.41. Attachments: Exhibit A - November 20, 2003 letter from Amy Snyder Exhibit B - February 27, 2003 letter from Craig Ballard Exhibit C - Staff memo of May 15,2003 Exhibit D - May 10, 2003 letter from Amy Snyder Exhibit E - Ordinance No. 670, amending massage therapy regulations, adopted 6/3/03 Exhibit F - Staffmemo of March 24,2003 Exhibit G - Memo from Sgt. Bob Forberg I:\clerk\judy\massage-December,2003 ~ . €Xh{bJ.t I( A II ,- 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, who has only recently expanded this past year, I clearly see now and understand the dilemma the current structure creates. Prior to this, it was not relevant to my situation however; I do recall this concern being mentioned in the past by another Massage Center business owner, that Center, no longer exists. Throughout recent years, many have come and failed. Today, I currently hold the only Center license in Shakopee; perhaps this is why. First let's review, in order to obtain a center license, the owner must complete the application process, have a background check by the local P.D., meet all 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. ... " 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-so-ever. Their not subject to background checks, which cost money, nor any license fees, approval by council, etc. etc. Given this, it is cleCjtrly 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. Weare 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? Thank you for your time and consideration, Respectfully, 01/1, ~~ I JVCT~ Amy N. Snyder, NCTMB Knead-It-Or-Knot Massage & Bodywork cc: Judy Cox, City Clerk Janette Shaner, Deputy City Clerk February 27, 2003 E X h ~ b l't (( 6 " Mayor William Mars & Council City of Shakopee 129 Holmes Street Shakopee,~ 55379 Subject: Request for Abolishment or. Change of Code in regard to Massage Therapy. Dear Honorable Mayor & Council: I am requesting that city code be abolished or significantly revised to allow the Hair SalonJDay Spa IndustJ.y to become viable & competitive in Shakopee. Current code is tihnecessary, cumbersome & a managerial nightmare for small business. Eden Prairie, Chanhassen & most communities don't regulate massage therapy. The State does not deem it necessary to regulate massage therapy, Salon St. John & Spa is currently the only full service Salon/Dayspa in Shakopee. Our main competition is: Spalon Montage(Chanhassen), The Sanctuary(Eden Prairie), Salon 2000(Eden Prairie), Flagship Health Club(Eden Prairie) & American Looks Salon(Mystic Lake). None of these businesses have to complY with city specific code in regard to massage therapy, i.e. background checks, educational requirements~ insurance mandates, facility inspections & other restrictions & mandates that do nothing to improve public safety. All Salon/Dayspas are regulated & inspected by the State under Cosmetology. Current city code was erroneously influenced by single operator massage therapists wanting to limit competition. Their influence helped put in place excessive educational requirements, mmecessary documentation requirements, unnecessary background checks, & hyped the code as necessary to "keep out prostitution." Nothing could be further from the truth. If sexual indiscretions exist amongst therapists, it would be these single operators that work unsupervised out of small offices, their homes, or go to a client's residence(sometimes a hotel) to perform massage. The risk of bad publicity & lost clients is too great for a Salon/Dayspa to tolerate indiscretions of any kind. Our clients are 90% women & the hair side accounts for 75-85% of revenue. Even a false rumor could mean extreme economic hardship - our women clients would go elsewhere to have their hair done. My business draws a clientele with a high disposable income & they're willing to drive. My last spa group were 8 women from Woodbury. I can't schedule these groups anymore because stafftumover is an industry reality & background check requirements prohibit/inhibit replacing staff quickly. This is a horrible situation for my employees & the bottom line of my business. Ultimately this is bad for our community, the "trickle around" doesn't happen in Shakopee, it goes to Woodbury, Edina or Eden Prairie. I appreciate your thorough consideration. My hope this can go before council in the very near future. €~h~'b/lt if C '1 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: JudithS. Cox, CityCler! SUBJECT: Massage Center/Massage herapist Licensing DATE: May 15,2003 INTRODUCTION: City Council is asked to consider amending the City Code relating to the licensing of massage centers and massage therapists. BACKGROUND: At the Council meeting on April 15, 2003, Council received copies ofa letter from Mr. Craig Ballard, Salon St. John & Spa, requesting that the regulations relating to massage centers and massage therapists be repealed or revised significantly. In addition, staff suggested changes relating to the practice of massage therapy outside the licensed establishment, insurance, limiting the number of massage centers and clarifying exemption from licensing for persons working under licensed medical professionals. Both Mr. Ballard and Ms. Amy Snyder, Knead It Or Knot, were present and addressed the Council members. Staff was directed to provide additional infonnation on: the need to regulate, problems in the past, streamlining the process and looking at the fees. 1. It is recommended that the City continue to license massage centers and massage therapists. From the City Code of the City of Burnsville, Chapter 15 on Therapeutic Massage Enterprises, "It is the purpose of this Chapter to protect the public health, safety and welfare and to guard against the inception and transmission of disease,' by regulating the profession of therapeutic massage. The City Council finds that experience from other cities demonstrates that commercial enterprises such as therapeutic massage, conducted in private by a member of the same or the opposite sex, and employing personnel with no specialized training, are susceptible to operation in a manner contravening, subverting, or endangering the morals of the community, thus requiring inspection, licensing, and regulation. The City Council alsofmds that a massage enterprise requires certain levels of specialized training in order to safely and properly provide therapeutic massage services. The provisions of this Chapter have neither the purpose nor effect of imposing a restriction or limitation on freedom of expression or communication." The Shakopee regulations, relating to licensing massage centers and massage therapists, were compared to the regulations in Chaska, Savage, Bloomington, and Burnsville. Although the formatting and headings used may vary, for the most part the regulations are very similar. It is not recommended that the City Code be amended, except where proposed. 2. The city has experienced no problems in the past years relating to tins profession. The requirements of the City's regulations have contributed greatly to insuring that tlll~ 't r;. business is conducted professionally. See attached memo from Sgt. Bob Forberg. fx 1 b I 3. The licensing process for this as well as other licenses is quite simple. If the application is completed properly and any insurance requirements are submitted timely, after the completion of the required background investigation, the application for a massage center license is put on the next city council agenda. Licenses for a massage therapist need not go to City Council but may be approved by the city clerk. 4. Licensee fees for a massage center and a massage therapist are not out of line with those in other cities. The license and background investigation fees for a massage center include one massage therapist. The background investigation fee for a massage therapist was recently increased to more accurately reflect cost. (Exhibit "A") On May 10,2003, Amy Snyder of Knead-It-Or-Knot Massage & Bodywork submitted a letter suggesting that only massage therapists be licensed (not massage centers), that the . 't educational requirements be increased and that the city's ordinance be completely redone, f I. h I b I copy attached. After carefully reviewing the regulations in the city code, tile city clerk's II YO I( office identified a few items that might be considered for deletion. After consulting with the police department and city attorney, staffis not recommending any changes to the city code, except where proposed. If it is council's desire to increase the educational requirements, staff would be happy to look into that further. RECOMMENDATION: Issues and recommendations as outlined in the April 15, 2003 agenda packet memo (See Sec. 6.40 and 6.41 attached with recommended changes and housekeeping changes depicted): 1. Staff recommends continuing to license massage centers. 2. Staff recommends continuing to license message therapists. 3. Staff recommends allowing massage therapists to perform massage at a patron's place of employment and in the home of a customer - outside the licensed premises. New. 4. Staff n~commends continuing conducting background investigations on both massage centers and massage therapists. Over the last 10 years or so, all massage center licensees have also been licensed as massage therapists, except in the case of Salon St. John & Spa, Mr. Ballard was not licensed as a massage therapist. 5. Staff r'~commends deleting from the City Code requiring evidence of insurance for massage centers. New. 6. Staff recommends deleting from the City Code limiting the number of licenses for massage centers to six. New. 7. Staff recommends clarifying the city code exempting from massage center licensing and massage therapist licensing massage therapists who work under the directi.on of a physician, chiropractor, osteopath or podiatrist. REQUESTED ACTION: Give staff direction on any desired changes to the City Code in order that an appropriate ordinance may be prepared and brought back to City Council for consideration at a later meeting regarding: 1. Licensing of massage centers 2. Licensing of massage therapists 3. Practicing therapeutic massage outside the licensed establishment 4. Requiring background investigations on applicants 5. Requiring insurance for massage centers 6. Limiting the number of massage centers to six 7. Clarify that massage therapists who work solely under the direction of a physician, chiropractor, osteopath or podiatrist need not obtain a massage center license nor a massage therapist license Attachments: 1. Memo from Sgt. Bob Forberg 2. Letter from Amy Snyder, Kneed-It-Or-Knot dated May 10,2003 3. Letter from Craig Ballard, Salon St. John & Spa dated February 27, 2003 4. Exhibit "A" Comparison of Fees 5. City Code Sections 6.40 and 6.41 noting proposed changes including additions and deletions I:\c1erk\judy\massage-May,2003 February 27, 2003 Mayor William Mars & Council City of Shakopee 129 Holmes Street Shakopee,~ 55379 Subject: Request for Abolishment or Change of Code in regard to Massage Therapy. Dear Honorable Mayor & Council: I am requesting that city code be abolished or significantly revised to allow the Hair SalonlDay Spa Industry to become viable & competitive in Shakopee. Current code is unnecessary, cumbersome & a managerial nightmare for small business. Eden Prairie, Chanhassen & most communities don't regulate massage therapy. The State does not deem it necessary to regulate massage therapy. Salon St. John & Spa is currently the only full service Salon/Dayspa in Shakopee. Our main competition is: Spalon Montage(Chanhassen), The Sanctuary(Eden Prairie), Salon 2000(Eden Prairie), Flagship Health Club(Eden Prairie) & American Looks Salon(Mystic Lake). None of these businesses have to complY with city specific code in regard to massage therapy. i.e. backgrOlmd checks. educational requirements. insurance mandates. facility inspections & other restrictions & mandates that do nothing to improve public safety. All Salon/Dayspas are regulated & inspected by the State under Cosmetologf, Current city code was erroneously influenced by single operator massage therapists wanting to limit competition. Their influence helped put in place excessive educational requirements, unnecessary documentation requirements, unnecessary background checks, & hyped the code as necessary to "keep out prostitution." Nothing could be further from the truth. If sexual indiscretions exist amongst therapists, it would be these single operators that work unsupervised out of small offices, their homes, or go to a client's residence(sometimes a hotel) to perform massage. The risk of bad publicity & lost clients is too great for a SalonlDayspa to tolerate indiscretions of any kind. Our clients are 90% women & the hair side accounts for 75-85% of revenue. Even a false rumor could mean extreme economic hardship - our women clients would go elsewhere to have their hair done. My business draws a clientele with a high disposable income & they're willing to drive. My last spa group were 8 women fro111 Woodbury. I can't schedule these groups anymore because staff turnover is an industry reality & background check requirements prohibit/inhibit replacing staff quickly. This is a horrible situation for my employees & the bottom line of my business. Ultimately this is bad for our community, the "trickle around" doesn't happen in Shakopee, it goes to Woodbury, Edina or Eden Prairie. I appreciate your thorough consideration. My hope this can go before council in the very near future. EXHIBIT A Comparison of Pees for Licenses and Background Investigation for Massage Centers and Massage Therapists Background Background Massage Center Investigation Massage Therapist Investigation Shakopee $150 $150 $110 $100 (includes 1 therapist) Savage $300 Initial $100 $100 Initial $100 $100 Renewal $ 50 Renewal Chaska $2500 $250 $100 N/A Burnsville $100 $100 No license Bloomington $548.50 $215.00 $23.50 Initial N/A $11.75 Renewal Prior Lake No license $250 $100 Lakeville No license $25 $100 Farmington $50 $300 $50 $200 SEC. 6.40. MASSAGE CENTERS AND SAUNAS. Subd. 1. Definitions. As used in this Section, the following words and terms shall have the meanings stated: A. "Massage" means the practice of rubbing, stroking, kneading, tamping, or rolling of the body with the hands or any instrument, for the exclusive purpose of relaxation, physical fitness, or beautification, and for no other purpose. B. "Massage center" means an establishment in the business of providing massage services either to the public or as a private club. C. "Sauna" means a room used for the purpose of bathing, reducing, or relaxing, utilizing steam or hot air as a cleaning, reducing, or relaxing agent. Subd. 2. License Required. It is unlawful for any person to engage in the business of keeping, conducting, or operating any massage center or sauna, which is open to the public or for which any charge or fee is made or any money or thing of value is solicited or received without a license therefor from the City. Subd. 3. Licensing Requirements. A. Initial License Application. All initial applications shall be accompanied by a non-returnable investigation fee in the amount set forth in the Pee Schedule.. Each application shall contain the names and address of the owners, lessees and operators of the proposed massage center or sauna, together with a description and location of the premises. The application shall include information as to any conviction of any crime or offense committed by anyone listed on the application, together with such other information as the Council may require. All applications by corporations shall include the names and addresses of all persons having a beneficial interest therein. Prior to consideration of the application by the Council, an investigation shall be made by the Building Official to determine compliance with this Section, of all premises proposed to be licensed and by the Police Department of all persons listed on the license application. B. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as set forth in the Pee Schedule. Por a renewal, the applicant must provide full information as required for initial licenses for any new owners, lessees, or operators proposed to be involved in the massage center or sauna, and also provide any changes in the name, address, criminal record, or other relevant information of any other owner, lessee, or operator. The Building Official and/or the Police Department may conduct an investigation prior to any renewal. Subd. 4. Exceptions. This Section shall not apply to the following establishments or people: A. A health care facility licensed by the State of Minnesota. B. A health care facility owned by the State of Minnesota or any of its agencies. c. A medical clinic or hospital, so long as the massage is performed by a physician, chiropractor, osteopath, podiatrist; or, nurse or massage therapist working under the direction of such person. D. A physical therapy clinic, bona fide sports and fitness establishment, or athletic facility, so long as the massage is performed by a physical therapist, athletic director, person licensed under Section 6.41 of this Code, or trainer. (Ord. 502, September 18, 1997) E. A beauty parlor or barbershop, so long as the massage is performed by a beautician or barber, and treatment is limited to the scalp, face, and neck. F. A person who has obtained a license under Section 6.41 of this Code and who has obtained a home occupation permit pursuant to Section 11.81, Subdivision 6 of this Code. (Ord. 502, September 18, 1997) G. A person who has obtained a license under Sec. 6.41 of this Code and who only performs massages at the client's home or work place). Subd. 5. Restrictions and Regulations. A license may be revoked, suspended, or 110t renewed by the City upon a showing that the licensee, its owners, managers, employees, or agents have violated any of the following restrictions and regulations: A. Licenses may be granted only for operation upon fixed premises which must be located in the general 'commercial districts or within hotels, motels and conference centers in the major recreation district of the City as established by the zoning laws of the City. The total number of licenses issued shall b€llimited to six (6). (Ord. 539,Febru~r25, 1999) B. Licenses shall be granted only upon a showing of compliance with all laws of sanitation. C. No beer, liquor, narcotic drug or controlled substances, as such terms are defmed by State Statutes or by the City Code, shall be permitted on licensed premises. D. No licensee, owner, manager, employee, or agent may engage in habitual drunkenness or intemperate use of a controlled substance as defined in Minnesota Statutes. E. Only masseurs and masseuses massage therapists licensed by the City may perform massage, except as provided in Subdivision 4 above. Any person acting as a masseur or mass6use massage therapist in a massage center or sauna shall display his or her license in a prominent place in the massage center or sauna. F. A license shall not be granted or renewed if granting the license (1) would be inconsistent with the comprehensive development plans of the City, or (2) would otherwise have a detrimental effect upon the property or properties in the vicinity. G. Violation of any law or regulation relating to health, building, building maintenance, safety, or other provision of the City Code or State law shall be grounds for denial or revocation of a license. H. The application must not contain any false, fraudulent or deceptive statements. I. No applicant or any employee or proposed employee shall have been convicted or pled guilty within the previous three (3) years of a violation of this Section, or of any law prohibiting prostiq,rtion, pandering, keeping a disorderly house, criminal sexual conduct, any sex crime under Minnesota Statutes, Chapter 609, or a crime involving moral turpitude. J. No applicant or any employee or proposed employee may be under eighteen (18) years of age. K. The applicant has not, within one (1) year prior to the date of application, been denied licensure or had its license revoked. L. No massage center or sauna may discriminate between persons on the basis of race, color, creed, sex, or national origin or ancestry. M. All massage center and sauna licensees shall comply with any and all amendments to tills Section. Failure to do so shall be grounds for revocation of a license. N. The licensee shall furnish the Police Department with a list of current employees indicating their names, addresses and which employees are practicing massage as a part of their duties. The licensee shall promptly notify the Police Department of any change in the list. o. The licensee shall permit and allow the inspection of the premises during business hours by the Building Official, police officers, and health officers, without a warrant for searches and seizures. P. Upon request by any police officer, any person employed in any licensed premises shall provide identification including his or her true legal name and correct address. Subd. 6. Resident Manager or Agent. Before a license is issued under this Section te-aa individual ',1.'ho is a non resident of the City, to more than one (1) individual, or to a corporation, partnership, or association, the applicant shall designate in writing a natural person '.\'110 is a resident of the City to be manager and in responsible charge of the business and upon whom service of process may be made. Such a person shall remain responsible for the conduct of the business until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the Police Department City Clerk in writing of any change indicating the name and address of the new manager and the effective date of such change. Subd. 7. Submission of Plans and Specifications. All persons who hereafter construct, extensively remodel, or convert buildings or facilities for use as massage centers or saunas, which are open to the public, shall comply with the requirements of the Building Code and the Phunbing Code. To the extent the Building Code or Plumbing Code does not impose stricter requirements, the provisions of this Section shall govern. Subd. 8. Construction and Maintenance Requirements. A. Floors, walls and equipment in sauna rooms, massage rooms, restrooms, bathrooms, janitor's closet, hallways, and reception area used in connection therewith must be kept in a state of good repair and clean at all times. Linens and other materials shall be stored at least twelve (12) inches off the floor. Clean towels and wash cloths must be made available for each customer. B. Individual lockers shall be made available for use by patrons. Such lockers shall have separate keys for locking. C. The doors to the individual massage rooms or saunas shall not be equipped with any locking device and shall not be blocked or obstructed from either side. Subd.9. Insurance Required. Each applicant for a lic~lllse under this Section shall file '."lith the City a public liability insurance policy or certificate of insurance from a company authorized to do business in Minnesota, insur.ng the applicant against any and all loss arising out of the use, operation or maintenance of the massage center. The policy of insurance shall be in limits of not less than the statutory limits of liability for a municipality. Failure to keep in full force and effect the insurance required herein is grounds for revocation. Subd.W 9. Unlawful Acts. A. It is unlawful for any person to corrunit, attempt to commit, conspire to commit, or aid or abet in the commission of, any act constituting a violation of this Section, whether individually or in connection with one (1) or more persons or as a principal, agent or accessory. B. It is unlawful for any licensee to fail to, at all times, observe all restrictions, regulations and maintenance requirements contained in this Section. C. It is unlawful for any person to falsely, fraudulently, forcibly or willfully induce, cause, coerce, require, permit or direct another to violation any of the provisions of this Section. D. It is unlawful for any licensee to allow the licensed premises to be open fo! business or allow patrons to be on the premises between the hours of 3 :00 o'clock A.M. and 8:00 o'clock A.M. of the same day. E. It is unlawful fo! any licensee, agent, or employee of a licensee to hinder or prevent a police, building, or health officer from making any inspection at any time. COrd. 1, April 1, 1978; Ord. 79, Novembe! 1, 1981; Ord. 310, May 23, 1991) SEC. 6.41. 1\1}....SSEUR AND l\LA...SSEUSE MASSAGE THERAPIST LICENSE. Subd. 1. Definitions. As used in this Section, the following words and terms shall have the meanings stated: A. "Massage" has the definition provided in Section 6.40. B. "Massage Therapist" means a person who, for compensation, practices massage. (Ord.552,Septernber2,1999) Subd. 2. License Required. It is unlawful for any person to practice massage without a license therefor from the City Clerk. (Ord. 502, September 18, 1997) Subd. 3. Licensing Requirements. A. License Application. All applications for a license to practice massage shall contain information as the Council may, from time to time, require. All applicants shall be at least eighteen (18) years of age. (Amended, Ord. 615, November 15, 2001) B. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. Th@ renewal application shall be accompanied by a medical certificate from a physician duly licensed to practice medicine in the State of Minnesota stating that tOO applicant has no communicable disease. The renewal application also shall be accompanied by an annual fee as set forth in the Fee Schedule. C. Initial Applications. All initial applications shall be accompanied by a non- returnable investigation fee in the amount set forth in the Fee Schedule. All initial applications also shall be accompanied by such other information as required by the Shakopee Police Department, including releases of information. (Ord. 502, September 18, 1997) D. Educational Requirements. 1. Each applicant for a massage license shall furnish with the application proof of the following: a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; b. A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is licensed by the state or local government agency having jurisdiction over the school; or c. Current enrollment in such an approved, accredited, or licensed school and successful completion of at least 160 hours of course work that will lead to a degree within one (1) year. Failure to obtain a degree within one (1) year will result in revocation of the license. (Ord. 541, March 11, 1999) 2. Each applicant shall also furnish proof at the time of application of a minimum of 100 hours of successfully completed course work in the following areas: a. The theory and practice of massage, including, but not limited to, Swedish, Esalen, Shiatsu, and/or Foot Reflexology techniques; and b. anatomy, including, but not limited to, skeletal and muscular structure and organ placement; and c. hygiene. Subd. 4. Exceptions. This Section shall not apply to the following people: A. A physician, chiropractor, osteopath, podiatrist; or, nurse or massage therapist working under the direction of such person. B. A physical therapist; or athletic director or trainer who is employed in a physical therapy clinic, bona fide sports and fitness establishment, or athletic facility. c. A beautician or barber, provided treatment is limited to the scalp, face, and neck. Subd. 5. Restrictions and Regulations. All licensees shall: A. Display current licenses in a prominent place at their place of employment. B. Upon demand of any police officer at the place of employment, produce correct identification. C. Practice massage only at such location as is designated in the license. D. Inform the City Clerk in writing of any change in location prior to such change. E. Refrain from habitual drunkenness or intemperate use of a controlled substance as defIDed by Minnesota Statutes. F. Refrain from engaging in conduct involving moral turpitude. G. Refrain from any conduct which results in a conviction or plea of guilty to prostitution, criminal sexual conduct, or other sex crime under Minnesota Statutes, Chapter 609. H. Require that the person who is receiving the massage shall have his/her buttocks, anus and genitals covered with an appropriate non-transparent covering. I. At all times during the performance of a massage remain fully clothed in non- transparent clothing. (Ord. 502, September 18, 1997) J. Comply with the requirements of the City Code and Minnesota Statutes. K. Refrain from engaging in any conduct which would constitute grounds for refusal to issue a license. (Ord. 1, April 1, 1978; Ord. 79, November 17,1981; Ord. 310, May 23, 1991) Additions are underlined Deletions are striken May 10, 2003 ~ X h ,. b , 't " , ( D City of Shako pee Attn: Judy Cox 129 South Holmes Shakopee, Minnesota 55379 Dear Mr. Mayor and City Council Members: I am forwarding this follow-up letter with regards to the City's current massage license requirements. A5 you are aware, I was in attendance at the Apri115th council meeting, but found it rather difficult to summarize my thoughts because of the multiple issues being addressed and due to tiine restraints. As a Licensed Therapist and Massage Center business owner, I will continue to protect the integrity of my profession by staying involved in how it is being regulated. It is the voices of those within this professional that should be heard, and those unfamiliar with it that need to listen and ask questions if they do not understand. Below I will provide my thoughts on some of the issues that were addressed and what changes I would like to see. I hope this provides you with some "food for thought" and from the perspective of someone directly affected by decisions you make. First, there was talk of whether license requirements are still necessary, as some surrounding communities regulate massage therapy and others do not. I believe I speak for all of those who have invested their time and resources into receiving an education, that appropriate (not cumbersome) regulation will continue to assure consumers that their interests are protected, that services they receive are delivered in a safe, ethical and professional manner. The primary purpose of having regulation is to ensure, that those providing such services are qualified to do so. This is exactly why the state currently regulates, doctors, chiropractors, nurses, cosmetologists, etc. To regulate for any other reason is discrimination. The state does not currently regulate this industry. As our City Attorney indicated, Shakopee's requirements for licensure was written during a time when prostitution was synonymous with "Massage Parlors". In today's society, this is no longer the case. The once used terms "Parlors, Masseur and Masseuse" are also a thing ofthe past, and are offensive terms to those that take this profession seriously. It is also the reason that the terminology in our ordinance was changed a few years ago. Today, Massage Therapy is widely accepted throughout the medical community and is fast gaining acceptance by consumers. It is a healthy, safe, drug-free alternative that is often used as an adjunct therapy to conventional medicine. As more consumers pursue healthier lifestyles, this trend will continue, thus in turn, creating the demand for more qualified providers. With this in mind and knowing that alternative healthcare is one of the fastest growing industry's, raises the question, ''If Massage Therapy is only ONE modality that falls into the category of "Alternative Healthcare", what about regulation for the others? Which brings me to my next point. It was brought up by a council member that Shakopee's license requirements seem to be continually challenged throughout recent years. Every time it has been challenged, decisions were based on the data collected from surrounding communities and what they have done. My question is this... why must we be sheep following sheep? His my finn beliefthat until such a time that this ordinance is completely overhauled, it will continue to be challenged and rightfully so. Our requirements are cumbersome, the language in which it is written still reflects days of old, we are subject to requirements no other profession is subject to, it is biased and unfair, giving exemptions to some and not others. It needs more than an "amending here and there". It needs to be thrown out and replaced by a more modern, simplified one. Might I suggest the following; requiring therapists be licensed only. Increase the educational requirements to a more acceptable standard (500 hours - a standard requirement to be eligible for National Certification or memberships with professional organizations such as ABMP, AMT A) of education/training through an accredited school (must have verifiable proof i.e.. certificate, diploma, transcript, etc.) and a signed agreement that the therapist will abide by a standard code of ethics. I believe this serves as a very fair resolution for all, it is practical, and involves common sense. It is one that is effective, protecting consumer's interests. One that is fair and equal to everyone who is competent and has earned the right to work. One that will help business owner's replace staff quickly and help them remain competitive. One that will hopefully entice those therapists currently working without a license because they can not comply under the existing ordinance (And there are quite a few) to get one. One that is simple, eliminating the red tape bureaucracy currently involved. One that reflects this profession by today's standards and with the dignity that it deserves. One that eliminates the need for this continuous revamping, saving time and money. One that can easily be modified in the future to include other modalities of alternative healthcare as they emerge, if the need be. Last but not least, One that deters unwanted, illegal operations more than what is currently in place, for those who may feel this is the greatest need for regulation. I finnly believe now is the time for change as we are at the beginning of a booming industry. This profession does not need over-regulating, it needs appropriate regulation. Let us not continue to be sheep... let's be the sheep herder. Let's eliminate and scrap the old one and create a new one. This just makes good common sense. Maybe next time, our neighboring communities will follow our lead. Thank you for your time and consideration. If! may be of further assistance, please let me know. ~espectfull~ ~1 t:?c> Amy . Snyder, NCTMB --- Knead-It.Or-Knot Massage & Bodywork ORDINANCE NO. 670, FOURTH SERIES ~ It h ~ b ) 'i AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESO AMENDING CHAPTER 6, SECTION 6.40, MASSAGE CENTERS AN '( AND SECTION 6.41, MASSAGE THERAPIST LICENSE f( E THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - Section 6.40, Subd. 4 ofthe City Code of Shakopee is amended to read: Subd. 4. Exceptions. This Section shall not apply to the following establishments or people: A. A health care facility licensed by the State of Minnesota. B. A health care facility owned by the State of Minnesota or any of its agencies. C. A medical clinic or hospital, so long as the massage is performed by a physician, chiropractor, osteopath, podiatrist; or, nurse or massage therapist working under the direction of such person. D. A physical therapy clinic, bona fide sports and fitness establishment, or athletic facility, so long as the massage is performed by a physical therapist, athletic director, person licensed under Section 6.41 of this Code, or trainer. E. A beauty parlor or barbershop, so long as the massage is performed by a beautician or barber, and treatment is limited to the scalp, face, and neck. F. A person who has obtained a license under Section 6.41 of this Code and who has obtained a home occupation permit pursuant to Section 11.81, Subdivision 6 of this Code. G. A person who has obtained a license under Sec. 6.41 of this Code and who only performs on-site massage at a business, public event or gathering, or private home. Section 2 - Section 6.40, Subd. 5 of the City Code of Shakopee is amended to read: Subd.5. Restrictions and Regulations. A license may be revoked, suspended, or not renewed by the City upon a showing that the licensee, its owners, managers, employees, or agents have violated any of the following restrictions and regulations: A. Licenses may be granted only for operation upon fixed premises which must be located in the general commercial districts or within hotels, motels and conference centers in the major recreation district of the City as established by the zoning laws of the City. The total number of licenses issued shall be limited to six (6). B. Licenses shall be granted only upon a showing of compliance with all laws of sanitation. C. No beer, liquor, narcotic drug or controlled substances, as such terms are defined by State Statutes or by the City Code, shall be permitted on licensed premises. D. No licensee, owner, manager, employee, or agent may engage in habitual drunkenness or intemperate use of a controlled substance as defined in Minnesota Statutes. E. Only maSS€lurs and masseuses massage therapists licensed by the City may perform massage, except as provided in Subdivision 4 above. Any person acting as a masseur or masseuse massage therapist in a massage center or sauna shall display his or her license in a prominent place in the massage center or sauna. F. A license shall not be granted or renewed if granting the license (I) would be inconsistent with the comprehensive development plans of the City, or (2) would otherwise have a detrimental effect upon the property or properties in the vicinity. G. Violation of any law or regulation relating to health, building, building maintenance, safety, or other provision of the City Code or State law shall be grounds for denial or revocation of a license. H. The application must not contain any false, fraudulent or deceptive statements. 1. No applicant or any employee or proposed employee shall have been convicted or pled guilty within the previous three (3) years of a violation of this Section, or of any law prohibiting prostitution, pandering, keeping a disorderly house, criminal sexual conduct, any sex crime under Minnesota Statutes, Chapter 609, or a crime involving moral turpitude. J. No applicant or any employee or proposed employee may be under eighteen (18) years of age. K. The applicant has not, within one (I) year prior to the date of application, been denied licensure or had its license revoked. L. No massage center or sauna may discriminate between persons on the basis of race, color, creed, sex, or national origin or ancestry. M. All massage center and sauna licensees shall comply with any and all amendments to this Section. Failure to do so shall be grounds for revocation of a license. N. The licensee shall furnish the Police Department with a list of current employees indicating their names, addresses and which employees are practicing massage as a part of their duties. The licensee shall promptly notify the Police Department of any change in the list. O. The licensee shall permit and allow the inspection of the premises during business hours by the Building Official, police officers, and health officers, without a warrant for searches and seizures. P. Upon request by any police officer, any person employed in any licensed premises shall provide identification including his or her true legal name and correct address. Section 3 - Section 6.40, Subd. 6 of the City Code of Shako pee is amended to read: Subd. 6. Resident Manager or Agent. Before a license is issued under this Section te--an individual who is a non resident of the City, to more than out) (1) individual, or to a corporation, partnership, or association, the applicant shall designate in writing a natural person who is a resident of the City to be manager and in responsible charge of the business and upon whom service of process may be made. Such a person shall remain responsible for the conduct of the business until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the Police Depart.ment City Clerk in writing of any change indicating the name and address of the new manager and the effective date of such change. Section 4 - Section 6.40, Subd. 9 of the City Code of Shako pee is deleted in its entirety. Section 5 - The caption of Section 6.41 of the City Code of Shako pee is amended to read: SEC. 6.41. l\l,,^..SSEUR AND MASSEUSE MASSAGE THERAPIST LICENSE. Section 6 - Section 6.41, Subd. 3 of the City Code of Shako pee is amended to read: Subd. 3. Licensing Requirements. A. License Application. All applications for a license to practice massage shall contain information as the Council may, from time to time, require. All applicants shall be at least eighteen (18) years of age. B. Renewals. Each license shall expire on December 310f that year. Licenses must be renewed annually. The rene'\val application shall be accompanied by a medical certificate from a physician duly licensed to practice medicine in the State of Minnesota stating that the applicant has no communicable disease. The renewal application also shall be accompanied by an annual fee as set forth in the Fee Schedule. C. Initial Applications. All initial applications shall be accompanied by a non- returnable investigation fee in the amount set forth in the Fee Schedule. All initial applications also shall be accompanied by such other information as required by the Shakopee Police Department, including releases of information. D. Educational Requirements. 1. Each applicant for a massage license shall furnish with the application proof of the following: a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; b. A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is licensed by the state or local government agency having jurisdiction over the school; or c. Current enrollment in such an approved, accredited, or licensed school and successful completion of at least 160 hours of course work that will lead to a degree within one (1) year. Failure to obtain a degree within one (1) year will result in revocation of the license. 2. Each applicant shall also furnish proof at the time of application of a minimum of 100 hours of successfully completed course work in the following areas: a. The theory and practice of massage, including, but not limited to, Swedish, Esalen, Shiatsu, and/or Foot Reflexology techniques; and b. anatomy, including, but not limited to, skeletal and muscular structure and organ placement; and c. hygiene. Section 7 - Section 6.41, Subd. 4 of the City Code of Shako pee is amended to read: Subd. 4. Exceptions. This Section shall not apply to the following people: A. A physician, chiropractor, osteopath, podiatrist; or, nurse or massage therapist working under the direction of such person. B. A physical therapist; or athletic director or trainer who is employed in a physical therapy clinic, bona fide sports and fitness establishment, or athletic facility. C. A beautician or barber, provided treatment is limited to the scalp, face, and neck. Section 8 - Section 6.41, Subd. 5 of the City Code of Shako pee is amended to read: Subd.5. Restrictions and Regulations. All licensees shall: A. Display current licenses in a prominent place at their place of employment. B. Upon demand of any police officer at the place of employment, produce correct identification. C. Practice massage only at such location as is designated in the license. D. Inform the City Clerk in writing of any change in location prior to such change. E. Refrain from habitual drunkenness or intemperate use of a controlled substance as defined by Minnesota Statutes. F. Refrain from engaging in conduct involving moral turpitude. G. Refrain from any conduct which results in a conviction or plea of guilty to prostitution, criminal sexual conduct, or other sex crime under Minnesota Statutes, Chapter 609. H. Require that the person who is receiving the massage shall have his/her buttocks, anus and genitals covered with an appropriate non-transparent covering. I. At all times during the performance of a massage remain fully clothed in non- transparent clothing. J. Comply with the requirements of the City Code and Minnesota Statutes. K. Refrain from engaging in any conduct which would constitute grounds for refusal to issue a license. Section 9 - Summary Approved. The City Council hereby determines that the text of the summary ordinance, marked "Official Summary of Ordinance No. 670", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 10 - Posting and Filing. A copy of this ordinance is filed in the office of the City Clerk and a copy is provided to the Shakopee Library for posting and filing, at which locations a copy is available for inspection by any person during regular office hours. Section II - The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of tHe City Clerk and the Shakopee Library. Section 12 - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in /l~U session of the City Council ofthe City of Shakopee, Minnesota, held this' day of 9 ""'<,?.P./ ~O3. :?0\- Mayor of the City of Shako pee ATTEST: ~ ~f1:%~ m~//f;; Additions are underlined Deletions are e:triken Official Summary of Ordinance No. 670 The following is the official summary of Ordinance No. 670, Fourth Series, approved by the City Council of the City of Shakopee, Minnesota, on June 3, 2003. ORDINANCE NO. 670, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA AMENDING CHAPTER 6, SECTION 6.40, MASSAGE CENTERS AND SAUNAS AND SECTION 6.41, MASSAGE THERAPIST LICENSE SECTION 6.40 OF THE CITY CODE, MASSAGE CENTERS AND SAUNAS 1. Exempts a massage therapist working under the direction of a physician, chiropractor, osteopath, or podiatrist from obtaining a massage center license. 2. Allows a licensed massage therapist to perform on-site massage at a business, public event or gathering, or private home. 3. Allows unlimited number of massage center licenses. 4. Deletes references to masseur and masseuse and substitutes massage therapist. 5. Eliminates the need for an individual who is a non-resident of the City to designate a resident of the City to be manager of the massage center. This requirement remains for a partnership or corporation. If there is any change in the manager for a partnership or corporation the city clerk must be notified as opposed to the police department. SECTION 6.41 OF THE CITY CODE, MASSEUR AND MASSEUSE LICENSE 1. Eliminates the requirement that applications for renewal of a massage therapist license include a medical certificate from a physician. This is a housekeeping item; it was approved by City Council sometime back but was erroneously left in the city code. 2. Exempts a massage therapist working under the direction of a physician, chiropractor, osteopath, or podiatrist from obtaining a massage therapist license. 3. Deletes references to masseur and masseuse and substitutes massage therapist. 4. Clarifies that physical therapists, athletic directors and trainers are exempt from obtaining a massage therapist license wfien employed in a therapy clinic, bona fide sports and fitness establishment, or athletic facility. A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk and at the Scott County Library. ~xh;bJt CITY OF SHAKOPEE " F l/ Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerl~ SUBJECT: Message CenterlMessage Therapist Licensing DATE: March 24, 2003 INTRODUCTION: City Council is asked to consider amending the City Code relating to the licensing of message centers and message therapists. BACKGROUND: The City has received a request from Mr. Craig Ballard, Salon St. John & Spa, to repeal or significantly revise the City Code relating to massage centers and massage therapists. In his letter, Mr. Ballard points out that neighboring communities do not regulate massage therapy and that the licensing process causes delay in replacing staff quickly. In recent years there have also been inquiries about the ability to do chair massage for employees at places of business; and, the ability to go into a home and offer massage therapy to someone who is unable to leave their home. Our current City Code restricts massage therapy to the place of business identified on the license. The Shakopee City Code requires licensing for massage centers and massage therapists. The State does not license massage therapists. Massage centers are limited to six in number and must be located in a commercial district or within hotels, motels and conference centers in the major recreation district of the City. There are a few exceptions including sports and fitness establishments and home occupations when a conditional use permit is obtained. The City Code has additional requirements, similar to those in other cities who also license massage centers, Sec. 6.40 and massage therapists, Sec. 6.41. Massage therapists must meet certain educational requirements, Sec. 6.41, Subd. 3. Information has been obtained from 13 cities regarding their requirements for massage therapy. Of the 13 cities, six do not license massage centers and massage therapists: Eden Prairie, Chanhassen, Apple Valley, Stillwater, New Prague and New Hope. Of seven additional cities, three license massage centers and massage therapists, three license massage therapists, but not massage centers, and one licenses massage centers but not the massage therapists. See Exhibit "A" attached. Four of the seven cities allow the massage therapist to go into homes and businesses. Only Shakopee and Chaska require the massage center to carry insurance. Only Shakopee limits the number of massage center licenses it will issue - to six. All seven cities have educational requirements and all but Chaska conduct background investigations 011 applicants. Shakopee's fees have been reduced over the years and are not out of line with those of other cities. Although not included in the Exhibit "A" attached, we are aware of some additional cities that also license massage centers and massage therapists: Roseville, Minnetonka, Eagan, Coon Rapids, Bloomington, Brooklyn Center, Redwood Falls, and Oakdale. Shakopee currently licenses one massage center (since 1999); and, four home occupation pem1its have been issued. Over the past 10 years or so, five additional massage center licenses have been issued and the businesses have come and gone. HISTORY: After considerable research, the City Attorney in 1991 redrafted the massage center and massage therapist sections of the City Code. This was done to update the 1970's ordinance recognizing the ever-changing massage therapy profession. The $2,000 massage center license fee and investigation fee were reduced to $300 and $330 respectively. Educational requireIhentswere added for the massage therapist. In 1997 City Council amended the City Code, at the request of a massage therapist, removing language requiring photographing and finger printing of massage therapists and adding language to allow a licensed massage therapist to operate a home operation with a conditional use permit, outside the commercial district and to allow a health and sports establislunent to operate with a conditional use permit. In March of 1999 City Council amended the City Code, at the request of a massage therapist, to allow licensing if the massage therapist hadn't received a diploma or certificate but was currently enrolled in school and had completed 160 hours of course work that would lead to the diploma or certification within one year. In August of 1999 City Council amended the City Code, at the request of a massage therapist, to change the definitions from "Masseur" and "Masseuse" to "Massage Therapist", and to reduce the massage ceriter license fee and investigation fee from $315 and $345 to $150 to $150 respectively. In November of2001 City Council amended the City Code, at the request ofa massage therapist, to no longer require a massage therapist to provide proof from a doctor that they have no communicable disease when granted a license or renewal of a license. AL TERNA TIVES: There are a number of issues that could be considered in response to inquiries received. 1. License message centers. Do license or do not license. 2. License message therapists. Do license (insures education) or do not license. .., Perform massage at patron's place of employment and in the home of a customer- J. outside the licensed premises. Do allow or do not allow. 4. Background investigations on applicants. Do require or do not require. HOUSEKEEPING CHANGES: In addition to the above issues, staff is recommending the clarification of the CUlTent language in the City Code that exempts from licenses chiropractors and nurses working solely under the direction of a chiropractor. The new language would not only exempt chiropractors and nurses, but also persons performing therapeutic massage who are working solely lU1der the direction of a chiropractor. This would conform to current practice. RECOMMENDATION: 1. Staff recommends continuing to license massage centers. 2. Staff recommends continuing to license message therapists. 3. Staff recommends allowing massage therapists to perform massage at a patron's place of employment and in the home of a customer - outside the licensed premises. New. 4. Staff recommends continuing conducting background investigations on both massage centers and massage therapists. Over the last 10 years or so, all massage center licensees have also been licensed as massage therapists, except in the case of Salon St. Jolm & Spa, Mr. Ballard was not licensed as a massage therapist. 5. Staff recommends deleting from the City Code requiring evidence of insurance for massage centers. New. 6. Staff recommends deleting from the City Code limiting the number of licenses for massage centers to six. New. 7. Staff recommends clarifying the city code exempting from licensing chiropractors and persons performing therapeutic massage who are working solely under the direction of a chiropractor. REQUESTED ACTION: Give staff direction on any desired changes to the City Code in order that an appropriate ordinance may be prepared and brought back to City Council for consideration at a later meeting regarding: 1. Licensing of massage centers 2. Licensing of massage therapists '"' Practicing therapeutic massage outside the licensed establishment ..). 4. Requiring background investigations on applicants 5. Requiring insurance for massage centers 6. Limiting the number of massage centers to six 7. Clarify exemption of licensing for massage therapists who work for a chiropractor. I :\clerk\judy\massage- 2003 Allowed to License License go to homes Background Educational Require Centers Therapists Fees and businesses Check ReQu irements Insurance SI-lAKOPEE Yes Yes Center $150 No Yes Diploma or Yes Investigation $150 currently enrolled Therapist $110 Yes with 160 hours Investigation $100 FARMINGTON Yes Yes Center $50 No Yes 100 Hours No Investigation $300 Therapist $50 Yes Investigation $200 SAVAGE Yes Yes Center $300 Initial No Yes ZOO Hours No $100 Subsequent Therapist $100 Initial Yes $50 Subsequent Investigation $100 BURNSVILLE Yes No Center $75 Yes Yes 100 Hours No Investigation $100 PRIOR LAKE No Yes Therapist $250 Yes Yes Diploma plus No Investigation $100 70 Hours LAKEVILLE No Yes Therapist $25 Yes Yes Diploma plus No Investigation $100 100 Hours CHASKA Yes Yes Therapist $100 Yes No Diploma plus Yes No-if licensed Center $2500 Yes 400 Hours therapist Investigation $500 EDEN PRAIRIE, CHANHASSEN, APPLE V ALLEY, STILL WATER, NEW PRAGUE, NEW HOPE - No licenses required ROSEVILLE, MINNETONKA, EAGAN, COON RAPIDS, BLOOMINGTON, BROOKLYN CENTER, REDWOOD FALLS, OAKDAKE- License both massage centers and massage therapists S6.40 SEC. 6.40. MASSAGE CENTERS AND SAUNAS. Subd. 1. Definitions. As used in this Section, the following words and terms shall have the meanings stated: A. "Massage" means the practice of rubbing, stroking, kneading, tamping, or rolling of the body with the hands or any instrument, for the exclusive purpose of relaxation, physical fitness, or beautification, and for no other purpose. B. "Massage center" means an establishment in the business of providing massage services either to the public or as a private club. C. "Sauna" means a room used for the purpose of bathing, reducing, or relaxing, utilizing steam or hot air as a cleaning, reducing, or relaxing agent. Subd. 2. License Reauired. It is unlawful for any person to engage in the business of keeping, conducting, or operating any massage center or sauna, which is open to the public or for which any charge or fee is made or any money or thing of value is solicited or received without a license therefor from the City. Subd. 3. Licensina Reauirements. A. Initial License Application. All initial applications shall be accompanied by a non- returnable investigation fee in the amount set forth in the Fee Schedule. Each application shall contain the names and address of the owners, lessees and operators of the proposed massage center or sauna, together with a description and location of the premises. The application shall include information as to any conviction of any crime or offense committed by anyone listed on the application, together with such other information as the Council may require. All applications by corporations shall include the names and addresses of all persons having a beneficial interest therein. Prior to consideration of the application by the Council, an investigation shall be made by the Building Official to determine compliance with this Section, of all premises proposed to be licensed and by the Police Department of all persons listed on the license application. B. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as set forth in the Fee Schedule. For a renewal, the applicant must provide full information as required for initial licenses for any new owners, lessees, or operators proposed to be involved in the massage center or sauna, and also provide any changes in the name, address, criminal record, or other relevant information of any other owner, lessee, or operator. The Building Official and/or the Police Department may conduct an investigation prior to any renewal. Subd.4. Exceptions. This Section shall not apply to the following establishments or people: A. A health care facility licensed by the State of Minnesota. B. A health care facility owned by the State of Minnesota or any of its agencies. pa9f re'/ised In 2001 650 96.40 c. A medical clinic or hospital, so long as the massage is performed by a physician, chiropractor. osteopath, podiatrist, or nurse working under the direction of such person. D. A physical therapy clinic, bona fide sports and fitness establishment. or athletic facility, so long as the massage is performed by a physical therapist, athletic director. person licensed under Section 6.41 of this Code, or trainer. (Ord. 502, September 18. 1997) E. A beauty parlor or barbershop, so long as the massage is performed by a beautician or barber, and treatment is limited to the scalp, face, and neck. F. A person who has obtained a license under Section 6.41 of this Code and who has obtained a home occupation permit pursuant to Section 11.81. Subdivision 6 of this Code. (Ord. 502, September 18, 1997) Subd. 5. Restrictions and RQoulations. A license may be revoked, suspended. or not renewed by the City upon a showing that the licensee. its ownerSj managers, employees. or agents have violated any of the following restrictions and regulations: A. Licenses may be granted only for operation upon fixed premises which must be located in the general commercial districts or within hotels, motels and conference centers in the major recreation district of the City as established by the zoning laws of the City. The total number of licenses issued shall be limited to six (6). (Ord. 539. February 25, 1999) 8. Licenses shall be granted only upon a showing of compliance with all laws of sanitation. C. No beer, liquor, narcotic drug or controlled substances, as such terms are defined by State Statutes or by the City Code, shall be permitted on licensed premises. D. No licensee, owner, manager. employee. or agent may engage in habitual drunkenness or intemperate use of a controlled substance as defined in Minnesota Statutes. E. Only masseurs and masseuses licensed by the City may perform massage, except as provided in Subdivision 4 above. Any person acting as a masseur or masseuse in a massage center or sauna shall display his or her license in a prominent place in the massage center or sauna. F. A license shall not be granted or renewed if granting the license (1) would be inconsistent with the comprehensive development plans of the City, or (2) would otherwise have a detrimental effect upon the property or properties in the vicinity. G. Violation of any law or regulation relating to health, building, building maintenance, safety, or other provision of the City Code or State law shall be grounds for denial or revocation of a license. H. The application must not contain any false, fraudulent or deceptive statements. page revlseO in 2001 651 96.40 I. No applicant or any employee or proposed employee shall have been convicted or pled guilty within the previous three (3) years of a violation of this Section, or of any law prohibiting prostitution, pandering, keeping a disorderly house, criminal sexual conduct, any sex crime under Minnesota Statutes, Chapter 609, or a crime involving moral turpitude. J. No applicant or any employee or proposed employee may be under eighteen (18) years of age. K. The applicant has not, within one (1) year prior to the date of application, been denied licensure or had its license revoked. L. No massage center or sauna may discriminate between persons on the basis of race, color, creed, sex, or national origin or ancestry. M. All massage center and sauna licensees shall comply with any and all amendments to this Section. Failure to do so shall be grounds for revocation of a license. N. The licensee shall furnish the Police Department with a list of current employees indicating their names, addresses and which employees are practicing massage as a part of their duties. The licensee shall promptly notify the police Department of any change in the list. O. The licensee shall permit and allow the inspection of the premises during business hours by the Building Official, police officers, and health officers, without a warrant for searches and seizures. P. Upon request by any police officer, any person employed in any licensed premises shall provide identification including his or her true legal name and correct address. Subd. 6. Resident ManaCler or AQent. Before a license is issued under this Section to an individual who is a non-resident of the City, to more than one (1) individual, or to a corporation, partnership, or association, the applicant shall designate in writing a natural person who is a resident of the City to be manager and in responsible charge of the business and upon whom service of process may be made. Such a person shall remain responsible for the conduct of the business until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the Police Department in writing of any change indicating the name and address of the new manager and the effective date of such change. Subd. 7. Submission of Plans and Specifications. All persons who hereafter construct, extensively remodel, or convert buildings or facilities for use as massage centers or saunas, which are open to the public, shall comply with the requirements of the Building Code and the Plumbing Code. To the extent the Building Code or Plumbing Code does not impose stricter requirements, the provisions of this Section shall govern. Subd. 8. Construction and Maintenance ReQuirements. A. Floors. walls and equipment in sauna rooms, massage rooms, restrooms, bathrooms, janitor's closet, hallways, and reception area used in connection therewith must be kept in a state of good repair and clean at all times. Linens and other materials shall be stored at least twelve (12) inches off the floor. Clean towels and wash cloths must be made available for each customer. page revise<! in 2001 652 96.41 B. Individual lockers shall be made available for use by patrons. Such lockers shall have separate keys for locking. C. The doors to the individual massage rooms or saunas shall not be equipped with any locking device and shall not be blocked or obstructed from either side. Subd. 9. Insurance Required. Each applicant for a license under this Section shall file with the City a public liability insurance policy or certificate of insurance from a company authorized to do business in Minnesota, insuring the applicant against any and all loss arising out of the use, operation or maintenance of the massage center. The policy of insurance shall be in limits' of not less than the statutory limits of liability for a municipality. ,Failure to keep in full force and effect the insurance required herein is grounds for revocation. Subd.10. Unlawful Acts. A. It is unlawful for any person to commit, attempt to commit, conspire to commit, or aid or abet in the commission of. any act constituting a violation of this Section, ...,.~.. whether individually or in connection with one (1) or more persons or as a principal. agent or accessory. B. It is unlawful for any licensee to fail to, at all times, observe all restrictions, regulations and maintenance requirements contained in this Section. C. It is unlawful for any person to falsely, fraudulently, forcibly or willfully induce, cause. coerce, require, permit or direct another to violation any of the provisions of this Section. D. It is unlawful for any licensee to allow the licensed premises to, be open for business or allow patrons to be on the premises between the hours of 3:00 o'clock A.M. and 8:00 o'clock A.M. of the same day. E. It is unlawful for any licensee, agent, or employee of a licensee to hinder or prevent a police, building. or health officer from making any inspection at any time. (Ord. 1, April 1. 1978; Ord. 79, November 1,1981; Ord. 310, May 23,1991) SEC. 6.41. MASSEUR AND MASSEUSE LICENSE. Subd. 1. Definitions. As used in this Section, the following words and terms shall have the meanings stated: A. "Massage" has the definition provided in Section 6.40. B. "Massage Therapist" means a person who, for compensation, practices massage. (Ord. 552, September 2, 1999) Subd. 2. License Required. It is unlawful for any person to practice massage without a license therefor from the City Clerk. (Ord. 502, September 18, 1997) Subd. 3. LicensinQ Requirements. page revised in 2001 653 96.41 A. License Application. All applications for a license to practice massage shall contain information as the Council may, from time to time, require. All applicants shall be at least eighteen (18) years of age. (Amended, Ord. 615, November 15, 2001 ) B. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by a medical certificate from a physician duly licensed to practice medicine in the State of Minnesota stating that the applicant has no communicable disease. The renewal application also shall be accompanied by an annual fee as set forth in the Fee Schedule. C. Initial Applications. All initial applications shalf be accompanied by a non- returnable investigation fee in the amount set forth in the Fee Schedule. All initial applications also shall be accompanied by such other information as required by the Shakopee Police Department, including releases of information. (Ord. 502, September 18, 1997) D. Educational Requirements. 1. Each applicant for a massage license shall furnish with the application proof of the following: a. A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; b. A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is licensed by the state or local government agency having jurisdiction over the school; or c. Current enrollment in such an approved, accredited, or licensed school and successful completion of at least 160 hours of course work that will lead to a degree within one (1) year. Failure to obtain a degree within one (1) year will result in revocation of the license. (Ord. 541, March 11, 1999) 2. Each applicant shall also furnish proof at the time of application of a minimum of 100 hours of successfully completed course work in the following areas: a. The theory and practice of massage, including, but not limited to, Swedish, Esalen, Shiatsu, and/or Foot Reflexology techniques; and b. anatomy, including, but not limited to, skeletal and muscular structure and organ placement; and c. hygiene. Subd.4. Exceptions. This Section shall not apply to the following people: page revised in 2eDl 654 ~6.42 A. A physician, chiropractor, osteopath, podiatrist, or nurse working under the direction of such person. B. A physical therapist, athletic director, or trainer. C. A beautician or barber, provided treatment is limited to the scalp, face, and neck. Subd. 5. Restrictions and ReQulations. All licensees shall: A. Display current licenses in a prominent place at their place of employment. B. Upon demand of any police officer at the place of employment, produce correct identification. C. Practice massage only at such location as is designated in the license. D. Inform the City Clerk in writing of any change in location prior to such change. ~" E. Refrain from habitual drunkenness or intemperate use of a controlled substance as defined by Minnesota Statutes. F. Refrain from engaging in conduct involving moral turpitude. G. Refrain from any conduct which results in a conviction or plea of guilty to prostitution, criminal sexual conduct, or other sex crime under Minnesota Statutes, Chapter 609. H. Require that the person who ;s receiving the massage shall have his/her buttocks, anus and genitals covered with an appropriate non~transparent covering. I. At all times during the performance of a massage remain fully clothed in non- transparent clothing. (Ord. 502, September 18,1997) J. Comply with the requirements of the City Code and Minnesota Statutes. K. Refrain from engaging in any conduct which would constitute grounds for refusal to issue a license. (Ord.1, April 1, 1978; Ord. 79, November 17, 1981; Ord. 310, May 23,1991) SEC. 6.42. MOTION PICTURE THEATER LICENSE. Subd. 1. License Required. It is unlawful for any person to give, present or conduct any motion picture, slide show, or theatrical, for admission to which a fee is charged, excepting performances given solely for the benefit of and under the supervision of a religious, education, charitable or fraternal organization without having first secured a license therefor as is herein provided. Subd. 2. Applications. Applications for such licenses shall be made on forms provided by the City Administrator and shall include all information required by said Administrator. Subd. 3. Repealed. page revised in 2001 655 2x h ~ b /t CITY OF ~ JI SHAKOPEE I' POLICE DEPARTMENT VOICE: (952) 233-3810 FAX (952) 233-3811 DATE: May 14,2003 TO: Chief Hughes FROM: Sgt. Bob Forberg @Y RE: Massage CenterlMassage Therapist Licensing I contacted and spoke with Lt. Perry Heles from the Bloomington Police Department regarding the licensing of Massage Centers and Massage Therapists in the City of Bloomington. Lt. Heles said that both centers and therapists are required to be licensed in Bloomington. Lt. Heles indicated the Bloomington Police Department conducts background checks and their time :fi.'ame fOf conducting a background on a massage center is thirty days. He said their time frame for massage therapists is ten days. Lt. Heles said they have not had problems with either the massage centers or their therapists. He attributes this to the fact they conduct a very thorough background, check. I contacted Officer Matt Wente from the Minneapolis Police Department regarding Massage Centers in the City of Minneapolis. Officer Wente works in the Organized Crime Unit. Officer Wente reports the City of Minneapolis does 110t require the licensing of Massage Centers or Massage Therapists. Wente added that he wished that the city did. Officer Wente said that Minneapolis has approximately fifteen" Massage Centers". Officer Wente said it has been his experience through undercover contacts and investigations that all but one of the massage businesses are involved in prostitution related criminal activity and that a number of arrests have been made at these locations. Officer Wente's recommendation would be that Shakopee's City Council continue the practice of conducting backgrounds on centers and therapists, and to continue licensing them. Judy Cox IS. F.I, From: sue westegaard [sue_westegaard@hopkins.k12.mn.us] Sent: Friday, December 12, 200311:36 AM To: jcox@cLshakopee.mn.us Subject: Please see letter below December 9, 2003 City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Dear Mr. Mayor and City Council Members: I am writing to support Amy N. Snyderls request that you consider exempting Individual Massage Therapist licenses for therapists working for and under the direction of a Licensed Massage Center. (November 20,2003 letter) It is my understanding that in order for Amy to obtain a center license, she has all ready: ... Completed an application process ... Had a background check by the local police department ... Met all zoning requirements, including an inspection ... Paid a fee that is higher than an individual license ." Gained the Councill s approval. Amy did her training with Sister Rosalindls School and Clinic of Massage in St. Paul. After her training, she put in the additional time and effort to gain her National Certification for Therapeutic Massage and Bodywork S this involved hours of training as well as a portfolio and a major test. NCBTMB members follow a very strict Code of Ethics and Standards of Practice; these are available on http://www.ncbtmb.com. In my mind, after researching both Sister Rosalindls School and NCBTMB, Amy should be afforded the same courtesy as other health care providers. I would have complete confidence in Amyls ability to hire an appropriate massage therapist. I would have complete confidence in Amyls ability to provide a proper placement site for students to complete their internship. I canlt imagine that Amy would not require a background check for any person she hired and that she would scrutinize their credentials. She is certainly not going to take any chances with someone affecting her reputation S both as a massage center and as a massage therapist. I have been a client of Amyl s for at least the last three years S getting a massage every three or four weeks. I understand that Amyls training is probably unique, but it is apparent to me that if a center owner successfully meets the criteria listed above, they should be able to be trusted to hire their own employees. Anyone who considers herself a professional would be sure that anyone working for them is also a professional. The City is micro-managing a legitimate business. The crux of the problem is why should massage center employees have to undergo the process by the City when people who work in chiropractic offices or health centers are exempt. Are their hiring practices any more stringent than Amyls ? I sincerely doubt it. I support Amy N. Snyderls request that you exempt Individual Massage Therapist licenses for therapists working for and under the direction of a Licensed Massage Center. Sincerely, Sue Westegaard 606 Milwaukee Road Shakopee, MN 55379 1 .. '.""'--"~'~-'''-'-------------'---'---' ;s-. f. /. p~~~ COMPARISONS ~~ Problem Center vs. Home-based vs. ExemDted Fee's Vary $150 annually $200 One-time NONE Approval Process Requires Council Staff Approval only NONE Approval Re-Approval Annually NONE NONE Background Check YES YES NO Regulation Subj. under City Exempt City Code NONE Code Section 6.40 6.40 & Requirements In addition, to the differences listed above, Therapist working at/under the Center License, must also under current city code, apply for and receive "individual massage therapist license" complying with Code Section 6.41. This too, involves a one-time fee for a background investigation, as well as, an annual fee. However, unlike individual practictioner's working out of their homes, this license would only permits that individual to work at the address listed on their application, that being the massage center.