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Home My WebLink About15.F.2. Massage Center/Massage Therapist Licensing /S:F.l. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Cler! 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 of a 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Ballard, Salon St. John & Spa, requesting that the regulations relating to massage centers and massage therapists be repealed or revised significantly.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 information 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 also finds 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 Bumsville. 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 this profession. The requirements of the City's regulations have contributed greatly to insuring that this business is conducted professionally. See attached memo from Sgt. Bob Forberg. 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 educational requirements be increased and that the city's ordinance be completely redone, copy attached. After carefully reviewing the regulations in the city code, the city clerk's office identified a few items that might be considered for deletion. After consulting with the police department and city attorney, staff is 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 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. John & 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 massage center licensing and massage therapist licensing massage therapists who work under the direction 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:\clerk\judy\massage-May,2003 CITY OF SHAKOPEE MEMO POLICE DEPARTMENT VOICE: (952) 233-3810 FAX (952) 233-3811 DATE: May 14,2003 TO: Chief Hughes FROM: Sgt. Bob Forberg ~f RE: Massage Center/Massage 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. L1. Heles indicated the Bloomington Police Department conducts background checks and their time frame for 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 not 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. May 10, 2003 City of Shakopee Attn: Judy Cox 129 South Hohnes Shakopee,~ll1nesota 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. As you are aware, I was in attendance at the April 15th 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 of the 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? It is my :firm 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 modem, 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 Le.. 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 firmly 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 I may be offurther assistance, please let me know. Respectfull~". .....---....,' ," ) (j~1. (; C/ Amy #. Snyder, NCTMB -- Knead-It-Or-Knot Massage & Bodywork 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 Massa2e Therapy. Dear Honorable Mayor & Council: I am requesting that city code be abolished or significantly revised to allow the Hair Salon/Day 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. 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, 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 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 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. / t . Craig 'llard, Owner/Operator Salon St. John & Spa 612-578-5006 lZl t:i ..... ~ ~ I-< "'t:l 0 Q) ~..... ..c: ::l ...... ~ OC':l 0 0 0 0 0 Q) 50';:: 0 0 < < 0 0 0 ~ ~lZl - - ~Z ~ - - N C':l OQ) ~ ~ Z ~ ~ ~ lZl C':l 6 ~ ~- ::E ] ~ ~ Q) -:;.. ~ C':l ~ ~ Q) - ~ ..... ~ U C':lQ) Q)~", .;:: ~ lZl M'" Q) 'S Q) ~ - p::: ~ -P::: 8 O~ lZl 0 0 0 0 ..... ~ t' lZl - ., 0 C':l - O~ 0 0 ~- ~ ~ 0 ~ - - - N- ~ ~ ~~ ~ Z ~~ N N ~ ~ ~ ~ I-< c.S ~ o < .~ ~.~ -t:i ~ Q) - :> ::r:~ _~ v_ ""0 I"'< "'t:l ~..... 0 ~ 3 ::l ~ 0 o . O I-< ..... 0 0 0 0 ~ 0 I-< ~t:i ~ 0 ~ 0 - 0 ~ ~ Q) - - N - N ~ ~ g:> ~ ~ ~ ~ ~ ~ g P4,s P4 "'t:l ~ lZl Q) lZl ~ Q) - .~ ~ ...:l I-< _>> Q) C':lQ) Q) Q) I-< i:l .;:: ~ lZl lZl c.S Q) 'S 2 0 ~ ~ lZl U -..... 0 ~ 8 8 ~ Q) 0 00 0 0 ~ ~ ~ ~ _ ~ 00 ~ 0 ~ 0 0 0 w _ ~- N _ ~ ~ ~ ~ ~ ~~ ~ ~ ~ Z Z ~ ~ C':l o ::E lZl .~ S- o U ~ ~ 0 ~ Q) t:i Q) tin Q) 0 Q) lZl..... ~ ~ ~ Q) tin o....g ~ Q) C':l.>..... ...:l a ~ o ::l I-< ~ ~ lZl 8 :>..... ~ - Q) C':l ~ 8 0 ~ Q) 8 ..c: g S ~ ..c: 3..9 '1:: ~ ~ ~c- ~ U ~ ~ ~...:l ~ 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 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. 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 Re~ulations. 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). (Ord. 539, February 25, 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 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. 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 Manager or Agent. Before a license is issued under this Section tG-aB 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 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 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. 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. SablI. 9. Insaranee Reqaired. 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 Mirmesota, im.:uring 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 f{)r revocation. Subd.lO 9. 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) SEe. 6.41. l\1ASSEUR AND 1\1ASSEUSE 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, September 2, 1999) Subd. 2. License Required. It is unlawful for any person to practice massage without a license therefor from the City <;lerk. (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. The rene\\'al application shall be accompanied by a medical certificate from a physician duly licensed to practice nwdicine in the State of Minoosota 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 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 hislher buttocks, anus and genitals covered with an appropriate non-transparent covering. I. At all times during the perfoTInance 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