Loading...
HomeMy WebLinkAbout15.F.2. Amending Massage Center and Massage Therapist Regulations-Ord. No. 670 IS, ,:.2,. CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk~ SUBJECT: Amending Massage Center and Massage Therapist Regulations DATE: May 30, 2003 INTRODUCTION: Attached for Council consideration is Ordinance No. 670, which amends the city code relating to massage center and massage therapist regulations. BACKGROUND: At the May 20, 2003 City Council meeting, City Council discussed a number of changes to the regulations for massage centers and massage therapists and then directed staff to incorporate them into the appropriate ordinance for Council's consideration. The attached Ordinance No. 670 incorporates these changes, which include the following: 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. A housekeeping item. 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. Amending Massage Center and Massage Therapist Regulations May 30, 2003 Page -2- 6. 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. 7. Exempts a massage therapist working under the direction of a physician, chiropractor, osteopath, or podiatrist from obtaining a massage therapist license. 8. Clarifies that physical therapists, athletic directors and trainers are exempt from obtaining a massage therapist license w/ien employed in a therapy clinic, bona fide sports and fitness establishment, or athletic facility. ALTERNATIVES: 1. Adopt ordinance as drafted. 2. Amend ordinance as drafted. 3. Table ordinance for additional information. 4. Do not adopt ordinance. RECOMMENDATION: Alternative number one is recommended. RECOMMENDED ACTION: 0 Offer Ordinance No. 670, Fourth Series, An Ordinance of the City of Shako pee, Minnesota Amending Chapter 6, Section 6.40, Massage Centers and Saunas and Section 6.41, Massage Therapist License, and move its adoption. 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 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - Section 6.40, Subd. 4 of the City Code of Shako pee 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 Shako pee 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 oflicenses 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 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 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 (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. 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, ora 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. 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 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 Depart.ment City Clerk in writing of any change indicating the name and address ofthe new manager and the effective date of such change. Section 4 - Section 6.40, Subd. 9 of the City Code of Shakopee is deleted in its entirety. Section 5 - The caption of Section 6.41 of the City Code of Shakopee is amended to read: 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 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 communicabh~ 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. 1. At all times during the performance ofa 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 11 - 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 session of the City Council of the City of Shako pee, Minnesota, held this day of ,2003. Mayor of the City of Shako pee ATTEST: City Clerk Additions are underlined Deletions are striken 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 ofthe 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 isa 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 wlien 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.