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Home My WebLink About15.F.1. Massage Center/Massage Therapist Licensing \8. F~ \ 6 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Cler~ SUBJECT: Message Center/Message 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 mustmeet 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 on 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 permits 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 requirements were 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 establishment 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 center 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 of a 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. 3. Perform massage at patron's place of employment and in the home of a customer - 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 current 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 under 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. 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 licensing chiropractorsand ' 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 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 exemption of licensing for massage therapists who work for a chiropractor. I: \clerk\judy\massage-2003 Cl) Vl t:: Cl) u Cl) ~ ~ g I ... ro Vl Vl CT' &3 ~ 0 0 0 0 0 Cl) g Cl)= ~ Z Z Z Z Z >< < ~- ~ < ~ 0 =~ ~ ~ 83 ~ ~ ~ ~ ~ -c ~QO - - - ~ ~ c<l Cl) 0 Cl)..s::: Vl Vl Vl 0. 0. Vl 0. Vl 'S < ga ~bo 3 3 3 ~c ~3 ~3 ~ ~ .... Cl) s::..... \0 0 0 t::::l t:: 0 t:: 0 Cl) ~ 'S ~ ~ ~;:I:: ;:I:: ~ ~ ~ .9;:I:: .9;r: ;;; o~ u 0. oS 0 0 0. 0.0 0.0 Cl) ,g Cl) ... ~.... 0 0 0... 0 ... 0 .... 0 en 0 ~~ Qu~ - N S ~~ Q- Q~ ~ ~ :.:::: Q -0 Z ~ @ I ~ o ~I VJ Vl Vl Vl Vl Vl Vl Vl Vl ~ ~ ~u Cl) Cl) Cl) <l.> Cl) Cl) Cl) Cl) Cl) o~ c. ~ ~~ >< >< >< >< >< >< >< >< >< z>< 0 z ~u ~ ~ o:l ~ U ~ s:; z ~ ~. ~ Vl ::J 0 Vl~ 0 0 BS~ ~ ~ -0 0.5 " <l.>..s:::Vl 0 Vl Vl Vl Vl ..... ~::l Zoo Cl) Cl) Cl) ~ :::. 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Za Cl) VlI '"" ;5 ::r: 0 "0 = ~ ~ ~ ~ ~ 0 0 ~ '6 ~ ~ 1ii .~ 5 >< >< >< >< Z Z >< Z ::r: ~ Vl ~u u z~ . - d Z CT' ~ :;E<l.> o .... ~ 22 u ~ ~ ~ ~ ~ _ WCl) ~ ~~ ~ ~ ~ ~ ~ ~ gr ~ < Z 0 ~ CI) Z ~E < > ~ ~ < ~ CI)~ ::r: < < ~ 22 <::r:u Q 90 CI) ~ CI) .... C. ~ ~ ~~ February 27,2003 Mayor William Mars & Council City of Shakopee 129 Holmes Street Shakopee,1fN 55379 Subject: Request for Abolishment or Change of Code in regard to Massage Therapv. 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 Ufmecessary, 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 s-pecific 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/Davspas 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 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 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. Sincerely, ~ -~ ~ t-i Craig lard, Owner/Operator Salon St. John & Spa 612-578~5006 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 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 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. page revised in 2001 650 S6.40 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 Re9ulations. 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 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 reVIsed in 2001 651 96.40 l. 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 thiscSection. 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 Manaaer or Aaent. 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 Reauirements. 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 revised 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 Reauired. 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. 14;:... 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 wilifully 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 Reauirements. page revised in 2001 653 ~6.41 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 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: page revised in 2001 654 96.42 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 Reaulations. 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. (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 Reauired. 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 '>>, >> Dear Mayor and City Council Members: As you consider making changes in the city code that governs massage therapy March Twenty-Six pertaining to outcalls (taking portable massage equipment and supplies to a client's home) and on-site chair massage, please consider the following. 2 0 0 :7 In August of this year I will graduate from the 662 Hour Professional Massage Therapy Program at Touch of Life School of Massage in Eden Prairie, MN; and under the code governances as currently structured, I would essentially not be able to legally practice massage therapy (for reasons listed below). It is my belief Cynthia Graves that while certification from a school, such as Touch of Life, which holds its stu- dents to rigorous standards, is much more meaningful than a license, many people sso Swaps Drive mistakenly think that it is the "license itself that confers competency to the mas- F ostal5ox 61 + sage therapist. Massage credentialing is not commonly well understood by the Shakopee MN layperson; LMT means Licensed Massage Therapist, and CMT means Certified 55319 Massage Therapist. Certification always carries more weight concerning creden- tialing than Licensure. I own a condominium in the Shenandoah development that is nestled just west of ~ff-{f%~~*f<<~~Jwdff"&<<%;'ii' Canterbury Downs. The by-laws of my association absolutely PROHIBIT me ~AN('N' VAN'S from conducting a business of any sort from my home. If the code were changed, I could legally travel to people's homes or businesses and practice massage ther- '^ ^ 5 5 ^ , t apy. There is a demand and, thus, a need to include these aspects of massage ~~$ffff_ff$*~~~ therapy in Shakopee's license credentialing. After spending nearly two years studying and developing competency in many different massage modalities and . SweolLsltt MClSStl0e spending nearly $9,000 in tuition, books and equipment, it would be an injustice . Tr-(00er "f>O(Vlt Therl.l'p1j were I not allowed to legally practice massage therapy inasmuch as I will need to · R.efte)(olo01j travel to clients' homes and/or businesses to do so as some of my colleagues do. · L1j V\A.}1tt DrCl(V\Jl0e Time did not permit my investigation of other city codes before your meeting, . OVl-s(te seCltevl CnCl(Y . M1jofClSC(lAl R.elelAse but I will pose the question, "How does Shakopee's code compare to that of other . S}Cl TremV\A.eVlts .s "f>rovlucts Minnesota cities?" Either other cities' codes allow for traveling to clients' homes and businesses, or there are a lot of massage therapists doing to without the JIMT dtIia Jtr ttulItJu f1l ~ blessing of their communities; let there be no question about that. '~~i cl:JVltlttUi Cirtlves, CMT I wish I could be at the meeting Tuesday evening to speak to you personally and "~ cmifi~ uatl!8!, zllfllftd -if 952. W2. 0751 to answer any questions you may have as you deliberate on this important sub- om, J'ID'f crgmut 1ijt-tifftnm'YJ oils.. t5StIIlials ject, but I am driving to Kansas to pick up my newly wed daughter who will live with me for the months or year that her husband will be in Iraq. Please call me if '4. you have any questions or if! can help in any way. Attached is a copy of a letter 1>. 0X} of recommendation from my school which lists, in part, some of the modalities I $~lY4 W~ am competent to perform. I would very much appreciate being apprised of your .@, w?xlg~. . decision. ~~~~~ Work in Finally, it would be a pleasure to bring my chair to a future meeting and give you progress-my each a complimentary 15-minute seated chair massage. I know you'd love it! future business card!! Thank you for your time and consideration. Sincerely, (1~~ Touch of Life School of Massage "101\1 FI":o.-r r'lJ~UA n":"A ~"i+A #21:5 17U.I.. 'IJI 6 '-'IV U IIl'~ IJU ..~ IT oJ Eden Prairie, MN 55344 Phone: (952) 996-9655 March 20, 2003 To \\.Thom It May Concern: Cindy Graves has successfully completed 378 hours of training at Touch of Life School in Eden Prairie. She has had comprehensive instruction in Anatomy, Physiology, and Kinesiololgy. She is skilled in many modalities of massage, including Basic Swedish, Trigger Point Therapy, Lymph Drainage, Reflexology, Myofascial Release, and Seated Chair. I personally have received a massage from her and found her technique to be exemplary. Please receive this letter as a recommendation ror internship. I believe she would be an asset to any business involved in the art of healing. Sincerely, j~~~,,~~ Tammy Lynn Glime School Administrator .... IS. F. L . Pull-Tab Dispensing Device CoR R ~ c-t l ON March 24, 2003 Page -2- There are 11 licensed premises permits in Shakopee. There are no vending machines located on any licensed premises selling pull-tabs in Shakopee, at this time. As a matter of coincidence, all licensed premises are also licensed for on sale or c1ubon sale intoxicating liquor. The Minnesota Jaycees Charitable Foundation is going to be making application for a premises permit and would like to order and install a vending machine at Silvers Cue Club LLC, 1141 Canterbury Road. Before they place the order to purchase a used vending machine, they are interested in knowing whether or not vending machines will continue to be allowed. Mr. Mark Ewert, Minnesota Jaycees Charitable Foundation, advises that some of the cities that allow vending machines include: White Bear Lake, Brooklyn Center, Minneapolis, St. Cloud, Stillwater, Breckenridge, Duluth, Becker, and St. Paul. AL TERNA TIVES: 1. Status quo, do not prohibit the use of vending machines for the sale of pull-tabs on licenses premises whether or not there has been an on sale liquor license issued for the premise. (Pull-tabs anywhere and vending machines anywhere) 2. Prohibit the use of vending machines for the sale of pull-tabs on licensed premises, except those establishments holding an on sale liquor license. (Pull-tabs anywhere, vending machines where liquor is sold only) 3. Prohibit the use of vending machines for the sale of pull-tabs on all licensed premises whether or 110t there has been an on sale liquor license issued for the premise. (Pull-tabs anywhere and 110 vending machines anywhere) 4. Prohibit the sale of pull-tabs to all establishments except those who also hold an on sale liquor license. (Pull-tabs limited to where liquor is sold and vending machines permitted) 5. Other RECOMMENDATION: Discuss the use of vending machines for the sale of pull-tabs on licensed premises and give staff direction if any changes to the current ordinance are desired. I:\clerk\Pull-tab vending machine