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HomeMy WebLinkAbout10.B.1. Adoption of Massage Therapy License Ordinance-Ord. No. 850 10.6.1. CITY OF SHAKOPEE POLICE DEPARTMENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jeff Tate, Chief of Police /Emergency Management Director SUBJECT: Massage Therapy License Ordinance DATE: September 4, 2012 Action Sought: City Council is asked to adopt Ordinance Number 860, an Ordinance of the City of Shakopee adding a new Section 6.45 to the Shakopee City Code requiring massage therapy businesses and massage therapists to be licensed. Background: The City of Shakopee stopped licensing massage therapy businesses and massage therapists several years ago. As a result, staff has encountered a number of problems with illicit massage operations in the city. The department has received several complaints about these operations, often from owners of legitimate massage therapy businesses. The department has tried to enforce current solicitation laws while conducting undercover operations; however, this has proven extremely difficult and the problem continues to grow. Neighboring communities currently require massage businesses and therapists to be licensed. As a result, staff has found that operations not able to get licensed in other communities are coming to Shakopee, essentially making Shakopee a dumping ground for this type of activity. Many of these operations change their names and locations to avoid police contact. These businesses openly advertise their services in Shakopee, which is affecting many businesses in town who operate legitimate, professional operations. Several of those business owners have expressed support for this very ordinance. They understand the negative impact on their operations as well as the difficulty we face in shutting these operations down. The police department has worked with business owners in drafting this ordinance. This proposed ordinance would require all massage therapy businesses to be licensed and inspected. The City would collect a license fee to cover costs. Additionally, the ordinance would require all massage therapists to undergo a background check by the police department in order to be licensed. The fee associated with that would cover staff time to complete the background. Both of those checks are one -time fees. The ordinance also requires the business to pay an annual renewal fee for the license. These are common fees and requirements when compared to other cities. The police department worked with area business owners in all areas of this ordinance development. Attached are their letters of support for this particular ordinance. Visioning Relationship: This action supports: Goal A: Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles. Action Requested: If City Council concurs, it should, by motion, adopt City Ordinance Number 860, an ordinance of the City of Shakopee adding a new Section 6.45 to the Shakopee City Code regarding massage therapy businesses and massage therapist licenses. Attachments: (1) Proposed Ordinance (2) Letters from concerned business owners ORDINANCE NO. 860 AN ORDINANCE OF THE CITY OF SHAKOPEE ADDING A NEW SECTION 6.45 TO THE SHAKOPEE CITY CODE REGARDING MASSAGE THERAPY BUSINESSES AND MASSAGE THERAPIST LICENSES THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - City Code Chapter 6, Other Business Regulation and Licensing is amended to include new Section 6.45, Massage Therapy Businesses and Massage Therapist Licenses, which shall read as follows: SEC. 6.45. MASSAGE THERAPY BUSINESSES AND MASSAGE THERAPIST LICENSES. Subd. 1. Purpose. The City recognizes and accepts therapeutic massage, as distinguished from other forms of massage, as a scientific health care, maintenance technique, and procedure for the human muscles, tendons, tissues, and the like. The City, however, equally recognizes the potential for illicit massage operations or establishments in the wake of legitimate professional therapeutic massage establishments. Accordingly, in order to prevent or protect against the existence of illicit massage establishments or operations in the City and to protect the public's health, safety, and welfare, including the protection of the City's legitimate massage therapists' profession and reputation, the City deems it necessary to regulate therapeutic massage establishments and massage therapists through the licensing process. Subd. 2. Definitions and Interpretations. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The following terms shall have the definitions given to them: A. Accredited Institution. An educational institution holding accredited status from the North Central Association of Colleges and Schools ( "NCA ") or another regional accrediting agency approved by the United States Department of Education presently or at the time the applicant obtained his or her diploma or certificate of graduation. B. Accredited Program. A professional massage program that is presently, or at the time the applicant obtained his or her diploma or certificate of graduation, accredited by the Commission on Massage Therapy Accreditation ( "COMTA "), or a comparable national or regional organization which is approved by the United States Department of Education for its accrediting program for compliance with quality and competency standards through a process of periodic review and self - study. C. Massage Therapy or Therapeutic Massage. Scientific health care or health maintenance techniques or procedures carried out by a massage therapist involving the rubbing, tapping, pounding, or kneading of a person's skin, muscles, 406214v3 SJS SH155 -23 1 and tissues or the stretching of body limbs (e.g., Thai massage) for the purpose of easing mental and physical tension, the breaking up of fatty tissues, relaxing muscles or alleviating muscle spasms, and the improvement of circulation through the body. D. Massage Therapy Business. Any enterprise, establishment, or operation, whether under control of an individual or legal entity, providing or offering to provide massage therapy services within the City for a fee or other consideration paid either directly or indirectly, that: 1. Has one or more massage therapists employed or contracted to provide massage therapy services for the massage therapy business; or 2. Is located in a fixed location in a nonresidential zoning district within the City wherein massage therapy services are provided. Any health or medical facility, office, or clinic operated by state licensed medical professional(s) or any health or medical - related business operated by state licensed medical professional(s) duly licensed under the provisions of Minnesota Statutes Sections 144.50 through 144.60, which provides therapeutic massage to its patients, shall not be deemed to be a massage therapy business. E. Massage Therapist. A person who practices or provides therapeutic massage to another for a fee or other consideration paid either directly or indirectly. A person licensed as a medical doctor, chiropractor, osteopath, podiatrist, licensed nurse, physical therapist, athletic director or trainer, or beautician (cosmetologist) or barber who confines his or her treatment to the scalp, face, and neck or the lower leg and feet in the case of a pedicure shall not be deemed to be a massage therapist. F. Student of Massage Therapy. A person who is enrolled in and attends classes at an accredited institution or accredited program as defined by this section. This includes students attending a post - graduate continuing education class, provided the class has been approved by the National Certification Board for Therapeutic Massage and Bodywork or other nationally recognized organization. Subd. 3. License Required. A. Massage Therapist License Required. It shall be unlawful for any person to practice massage therapy or provide or offer to provide massage therapy within the City without a massage therapist license issued by the City. This includes persons providing massage therapy at massage therapy businesses that have massage therapy business licenses. 406214v3 SJS SH155 -23 2 B. Massage Therapy Business License Required. It shall be unlawful for any person or entity to operate a massage therapy business within the City without a massage therapy business license issued by the City. C. Exceptions. This section shall not apply to and no massage therapist or massage therapy business license shall be required for: 1. A health care office, clinic, or facility: a. Owned by a municipal corporation organized under the laws of the state; b. Owned by the state or any of its agencies; or c. Licensed by the state. 2. Any business or entity owned and operated by state licensed medical professional(s) through whom massage therapy or therapeutic massage is provided to its patients as a secondary health care treatment provided by the business or entity. 3. Accredited institutions which provide an accredited program of study or course work in massage therapy or therapeutic massage provided that: a. The massage therapy or therapeutic massage is provided during and as part of a course or clinical component of the institution's program or course work; and b. Students are supervised by an instructor while performing massage therapy or therapeutic massage. 4. A massage therapist who is working for or an employee of a medical professional licensed under Minnesota Statutes Chapters 147 or 148 or is an employee of a health care office, clinic, or facility that is: a. Owned by a municipal corporation organized under the laws of the state; b. Owned by the state or any of its agencies; or c. Licensed by the state. 5. Students of massage therapy, provided that: a. The massage is provided during and as part of an accredited program of study or course work in massage therapy; and 406214v3 SJS SH155 -23 3 b. The student is supervised by an instructor while providing or performing massage therapy services. A notice, which advises the public that the person who may provide massage therapy services is a student of massage therapy and is not licensed by the City, shall be posted in a conspicuous location in the room in which the massage therapy is provided. D. Massage Therapy Business License Period and Renewal. A massage therapy business license issued under this section shall be an annual license, expiring on November 1 of each year. Any massage therapy business within the City as of the effective date of this section shall apply for a license no later than October 15, 2012. A massage therapy business license may be annually renewed, provided the licensee completes and files a license renewal application with the City no later than October 15 of the year in which the license is to be renewed. The licensee must provide the City with any changes in ownership interest throughout the duration of the license period. If ownership interests have changed, an additional investigation may be necessary and an additional investigation fee may be required to be paid. E. Massage Therapist License. All massage therapists practicing in the City must be licensed no later than November 1, 2012 and must apply to the City for a massage therapist license not later than October 15, 2012. A massage therapist license does not expire and is not required to be renewed. F. License and Investigation Fees. The license and investigation fees for licenses required by this section shall be determined by the City Council in the City's fee schedule. If a license application is received in the middle of a license term, the license fee shall be prorated for the remaining term of the license. All required license fees shall be paid on a prorated quarterly basis. Subd. 4. License Applications. A. Massage Therapy Business License. An application for a massage therapy business license shall be filed, along with all required fees and information, including a background investigation fee with the City Clerk. The amount of the background investigation fee shall be equivalent to the City's cost of the background investigation of the massage therapy business and all persons or entities that have a five percent financial interest in the business. The Police Department shall conduct a background investigation on the applicant. An inspection of the business premises by the building inspector is also required. After the background investigation and building inspection are complete, all applications shall be considered by the City Clerk and granted or denied by the City Council. The application for a license under this section shall be made on a form supplied by the City and shall contain the following information: 406214v3 SJS SH155 -23 4 1. For all applicants: a. Whether the applicant is an individual, corporation, partnership or other form of organization; b. Specify the full name, address, date and place of birth, and telephone number of the natural person designated by the applicant as the massage therapy business's on -site manager or agent along with the notarized written consent of the person to: 1. Take full responsibility for the conduct of the licensed premises and operation; 2. Serve as the business's agent for purposes of services of notices and other processes related to the license by the City. c. Evidence that the massage therapy business's on -site manager or agent has legal work status in the United States; d. A list of the massage therapy business's employees along with proof that all of the employees who are massage therapists are licensed by the City; e. The legal description and address of the premises to be licensed together with a plan of the area showing dimensions, location of buildings, street access and parking facilities; f. If the applicant does not own the premises, a copy of the lease agreement allowing the applicant to occupy the premises; g. The floor number, street number, and rooms where the massage services are to be conducted; h. Whether all taxes and special assessments that are due and payable for the premises to be licensed have been paid, and if not, the years and amounts that are unpaid; i. If the application is for premises either planned or under construction or undergoing substantial alteration, the application must be accompanied by preliminary plans showing the design of the proposed premises; if the plans for design are on file with the building inspector, no plans need be submitted; j. The name and street address of the business if it is to be conducted under a designation or name other than the name of the applicant, and a certified copy of the certificate required by Minnesota Statutes Sections 333.01 and 333.02; 406214v3 SJS SH155 -23 5 k. Proof of general liability insurance coverage in effect as required by this section; 1. With respect to the owner, operator, or any person who has a five percent financial interest in the business and the appointed on -site manager or agent of the applicant, proof of workers' compensation insurance as required by Minnesota law; m. If the owner, operator, or any person who has a five percent financial interest in the business and the appointed on -site manager or agent of the applicant has ever had a massage therapist or massage therapy business - related license in the City or another jurisdiction that was suspended or revoked within the past 10 years; Ii. Proof of identification consisting of one of the following: 1. A valid driver's license or identification card issued by a state of the United States or a province of Canada that includes the photograph and date of birth of the applicant; 2. A valid military identification card issued by the United States Department of Defense; or 3. A valid passport issued by the United States or another country if the applicant is a foreign national. For purposes of satisfying this requirement, the "applicant" is deemed to be the on -site manager or agent for the massage therapy business that is signing the application on behalf of the business; and o. Other information that the City may require. 2. For applicants who are individuals: a. The full name, address, date and place of birth, and telephone number of the applicant; b. If the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or means and information concerning the dates and places where used; c. Residence addresses of the applicant during five years preceding the date of application; d. The type, name and location of every business or occupation the applicant has been engaged in during the preceding five years; 406214v3 SJS SH155 -23 6 e. Names and addresses of the applicant's employers for the preceding five years; f. If the applicant has ever been convicted of a crime other than a minor traffic offense; if so, the applicant must furnish information as to the time, place, and offense involved in the conviction; and g. If the applicant has ever been engaged in the operation of massage services; if so, the applicant must furnish information as to the name, place and length of time of involvement in such activity. 3. For applicants that are partnerships: a. The names and addresses of all general and limited partners and the information concerning each general partner described above in subdivision A(2) of this section; b. The managing partners must be designated, and the interest of each general and limited partner in the business must be disclosed; and c. A true copy of the partnership agreement must be submitted with the application, and if the partnership is required to file a certificate as to a trade name under Minnesota Statutes Section 333.02, a certified copy of that certificate must be submitted. The license if issued will be in the name of the partnership. 4. For applicants that are corporations: a. The name of the corporation or business, and if incorporated, the state of incorporation; b. A true copy of the certificate of incorporation, and, if a foreign corporation, a certificate of authority as described in Minnesota Statutes Section 303.06; c. The names of any general managers, corporate officers, proprietors, and other persons in charge of the premises to be licensed, and the information about those persons described in subdivision A(2) of this section; and d. A list of the persons who own or have a five percent or greater interest in the corporation or who are officers of the corporation or organization, together with their addresses and the information regarding such persons described in subdivision A(2) of this Section. The license if issued will be in the name of the corporation. 406214v3 SJS SH155 -23 7 B. Massage Therapist License Applications. An application for a massage therapist license shall be filed, along with all required fees, with the City Clerk. The Police Department shall conduct a background investigation on the applicant. After the background investigation is complete, all applications shall be considered by the City Clerk and granted or denied by the City Council. The application for a license under this section shall be made on a form supplied by the City and shall contain the following information: 1. The applicant's full name, address, date and place of birth, and telephone number; 2. The name, address, and telephone number of the applicant's current employer; 3. The applicant's employers for the previous 10 years, including the employer's name, address and dates of employment; 4. The applicant's residence address for the previous 10 years; 5. The applicant's weight, height, color of eyes, and color of hair; 6. If the applicant has ever been convicted of a crime other than a minor traffic offense and, if so, the time, place and offense involved in the conviction; 7. If the applicant has ever had a massage therapist or massage therapy business- related license in the City or another jurisdiction that was suspended or revoked within the past 10 years; 8. If the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names used and information concerning dates and places where used; 9. Evidence that the applicant has legal work status in the United States; 10. Evidence that the applicant has or will have general liability insurance coverage meeting the requirements of this section in effect at the time of issuance of the license; 11. Evidence that the applicant has one of the following: a. Has a diploma or certificate of graduation from an accredited institution for a comprehensive massage therapy program that includes subjects of anatomy, physiology, hygiene, ethics, massage theory and research, and massage practice; b. Has completed at least 500 credit hours of certified therapeutic massage training/course work that includes subjects of anatomy, physiology, hygiene, ethics, massage theory and research, and massage practice from an accredited institution or program; or 406214v3 SJS SH155 -23 8 c. Has passed either i) the National Certification Exam offered by the National Certification Board for Therapeutic Massage & Bodywork; or ii) the Massage and Bodywork Licensing Examination offered through the Federation of State Massage Therapy Boards and has a minimum of seven years of full -time work experience as a massage therapist in the United States; 12. Proof of identification consisting of one of the following: a. A valid driver's license or identification card issued by a state of the United States or a province of Canada that includes the photograph and date of birth of the applicant; b. A valid military identification card issued by the United States Department of Defense; or c. A valid passport issued by the United States or another country if the applicant is a foreign national; and 13. Other information that the City requires. Subd. 4. License Eligibility. A. The City Council may deny issuance of a massage therapy business license in any of the following circumstances: 1. The proposed premises in which the massage therapy business proposes to operate is located in a residential zoning district or is located in a commercial or industrial zoning district in which medical or health care facilities or uses are not permitted or conditional uses; 2. The owner, operator, any person who has a five percent financial interest in the business or the appointed on -site manager or agent has a conviction for, or was charged with, but convicted of a lesser charge of, a crime involving a violation of any massage therapy- related regulation in any other jurisdiction, any prostitution - related offense, criminal sexual conduct, indecent exposure, surreptitious intrusion, disorderly house as defined by Minnesota Statutes, theft, felony drug offense, any crime of violence as defined by Minnesota Statutes, or any other similar crime or offense which conviction date is within 10 years of the date of application; 3. The owner, operator, any person who has a five percent financial interest in the proposed licensed massage therapy business or the on -site manager or agent had a massage therapist or massage therapy business - related license in another jurisdiction that was either suspended or revoked within 10 years preceding the date of application; 406214v3 SJS SH155 -23 9 4. The information provided in the application does not meet the requirements of this section; 5. The applicant provided false or misrepresented information in the application; 6. The business is proposed to be operated on premises on which property taxes, assessments, or other financial claims by the State, County, or City are due, delinquent, or unpaid, provided the applicant or other entity in which the applicant has an interest has the legal duty to pay said taxes, assessments, or claims due and owing; 7. The applicant does not have insurance coverage in effect as required by this section; or 8. The applicant has been denied a license under this section within the preceding 12 months. B. The City Council may deny issuance of a massage therapist license in any of the following circumstances: 1. The applicant has a conviction for or was charged with, but convicted of a lesser charge, a crime involving a violation of any massage therapy - related regulation in any other jurisdiction, any prostitution - related offense, criminal sexual conduct, indecent exposure, surreptitious intrusion, disorderly house as defined by Minnesota Statutes, theft, felony drug offense, any crime of violence as defined by Minnesota Statutes, or any other similar crime or offense within 10 years of the date of application; 2. The applicant had a massage therapist or massage therapy business - related license in another jurisdiction that was suspended or revoked within 10 years preceding the date of application; 3. The applicant is not 18 years of age or older; 4. The information provided in the application does not meet the requirements of this section; 5. The applicant provided false or misrepresented information on the application; 6. The applicant does not have insurance coverage in effect as required by this section; or 7. The applicant has been denied a license under this section within the preceding 12 months. 406214v3 SJS SH155 -23 10 Subd. 5. Restrictions and Regulations. All massage therapy business licensees and massage therapist licensees must comply with the following restrictions and regulations: A. A massage therapy business must not provide massage therapy services at any location other than the premises identified on the license, except a licensed massage therapist employed or contracted by the massage therapy business licensee may provide massage therapy services in the following circumstances: 1. To a client at the client's residence or place of care if in a long- or short- term care facility, such as a hospital, nursing home, or convalescence facility; or 2. In connection with a special event or function whereby the massage therapist provides massage services to attendees of the event or function. B. The act of any employee of a massage therapy business licensee is deemed to be the act of the licensee. The licensee shall be responsible for all acts and conduct attributable to and in connection with massage therapy services provided by the licensee or occurring on the premises of the business. C. The person who is receiving a massage shall at all times have his /her anus, intergluteal cleft (buttocks crease), and genitals covered with clothing or properly draped with non - transparent material. The person who is receiving massage therapy of the breast or buttocks (gluteus) shall have the breast or buttock (gluteus muscle) that is not then immediately receiving massage therapy properly covered and draped with non - transparent material. D. The massage therapist and all others working on the premises shall at all times be fully clothed and shall not expose his or her breasts, buttocks, anus, or genitals. E. At no time shall the massage therapist touch or offer to touch or massage the penis, scrotum, mons veneris, vulva, or vaginal area of any customer or person inquiring of massage therapy services. F. No beer, liquor, narcotic drug, or controlled substances, as such terms are defined by state statutes or the City Code, shall be used, ingested or present during any massage therapy session. G. No doors of massage rooms, when occupied by one or more persons, shall be locked. All locks, if any, shall be keyed only from the exterior of the massage rooms. 11. Only massage therapists who are licensed by the City shall practice or provide massage therapy services for or within a licensed massage therapy business. 406214v3 SJS SH155 -23 11 I. The licensee shall comply with any and all provisions of this section, all provisions of the City Code, federal and state laws and regulations. J. No massage therapy services shall be provided and the massage therapy business shall not be open between the hours of 10:00 p.m. and 6:00 a.m. of any day. K. The licensed premises of a massage therapy business shall, during all operating hours, be open to inspection by any City building, zoning, code, or police officer to determine whether this section and all other laws are being observed. All persons, as a condition to being issued the license, consent to these inspections. It is unlawful for any licensee, agent, or employee of a licensee to hinder or prevent the City inspecting officer from making an inspection. L. If a licensed massage therapy business's on -site manager or agent ceases to be located at the licensed premises or ceases to act in such capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension. M. A massage therapist shall have the license issued by the City in his or her possession while providing massage services within the City. A massage therapy business shall conspicuously post the license issued by the City on its premises in a conspicuous location that is accessible to the public. N. No license issued under this section may be transferred. Massage therapy business licenses shall terminate upon any change in officers or ownership interests of the licensee, unless the change is approved by the City Council in which case the license shall only continue in force until the end of the license term. 0. The licensee shall have in effect during the license period general liability insurance providing minimum coverage of $300,000 combined single limit per occurrence. Employees of licensed massage therapy businesses are not required to carry individual general liability insurance provided that proof of required insurance coverage has been provided by the business to the City. P. The licensee shall comply with all laws of health and sanitation. Q. No massage therapy business shall be used or operated as or in conjunction with an adult establishment as defined in Section 10.77 of the City Code. Subd. 6. Revocation. Violation of any provision of this section, or any building, safety or health regulation shall be grounds for suspension or revocation of a license, as determined by the City Council. Before revocation or suspension of any license, the City shall give notice to the licensee and grant the licensee the opportunity to be heard. 406214v3 SJS SH155 -23 12 Section 2 — Summary Approved. The City Council hereby determines that the text of the summary ordinance marked "Official Summary of Ordinance No. 860 ", 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 3 — 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 4 — The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper with notice that the printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk and Shakopee Library. Section 5 — Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this day of , 2012. Mayor of the City of Shakopee Attest: City Clerk 406214v3 SJS SH155 -23 13 Official Summary of Ordinance No. 860 The following is the official summary of Ordinance No. 860, Fourth Series, Approved by the City Council of the City of Shakopee, Minnesota on September 4, 2012. ORDINANCE NO. 860, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, ADDING A NEW SECTION 6.45 TO THE SHAKOPEE CITY CODE REGARDING MASSAGE THERAPY BUSINESSES AND MASSAGE THERAPIST LICENSES 1. The Ordinance requires all massage therapists and massage therapy businesses to be licensed by the City. There are exemptions from this requirement for certain types of individuals and businesses. 2. The Ordinance requires massage therapists to have met certain training and education requirements. 3. The Ordinance establishes certain eligibility requirements for massage therapy businesses. 4. Massage therapists practicing in the City must be licensed no later than November 1, 2012 and must apply to the City for a massage therapist license not later than October 15, 2012. This includes persons providing massage therapy at a massage therapy business that has a massage therapy business license. A massage therapist license does not expire and is not required to be renewed. A one time license fee is required to be paid at the time of application. The Ordinance requires that certain types of information be submitted along with the application. A background investigation will be conducted on the applicant by the Police Department. 5. A massage therapy business located in the City must apply for a license no later than October 15, 2012. The license will expire on November 1 of each year. A license fee is required to be paid at the time of application and each time the license is renewed. The Ordinance requires that certain types of information be submitted along with the application. 6. The Ordinance establishes certain restrictions and regulations relating to the operation of massage therapy businesses and the practice of massage therapy. 7. The Ordinance establishes a license revocation procedure. A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk and at the Shakopee Library. 410196v1 SJS SH155 -23 CANTERBURY (HUR�)I'I:;A(' "I'I( Chief Tate, I wanted to express my support for the massage licensing ordinance I was able to review and thank you again for including me and asking my opinion on the proposal prior to presenting it to the city council. The licensing requirements outlined in the ordinance seem fair and in my experience seem to be in line with what other cities currently have in place. I feel that the current draft accomplishes the goal of creating oversight where it is currently lacking without being overly restrictive or placing an additional burden on the businesses which are already overseen by the State such as my own. I hope that the city council approves and implements this ordinance, and if I may continue to be or any help with this or another issue again in the future I hope that you would not hesitate to contact me. Sincerely, (a/sie/74 /14, 6, Dr. Jerrald C. Miller DC Owner — Canterbury Chiropractic ' Pird Avenue Fast • Shaknpec, MN 55379 Phone' 952-378-1813 • Fax: 952 - 378-'826 • Nww.CanterburyyChiropracNc.com IZENSPA Massage & Skin Care'; Tuesday, August 28, 2012 Shakopee City Council Members: I would like to take the time to ask all of you to review the ordinance. As a practicing Massage Therapist and Shakopee Business Owner who employs nine' massage therapists, I believe Jeff Tate and the City Attorney have come up with an ordinance to create a safe environment for my staff as well as for the citizens of Shakopee at large. We are a legitimate business and we feel this ordinance will give our profession the dignity to practice in this community and help our clients feel safe. Please help us keep Shakopee safe. Thank you! Sincerely, Kathi Mocol Owner /Vice President Zen Spa /J &M Mocol, LLC 1 .- PURE & SIMPLE THERAPEUTIC MASSAGE 1221 E. 4 Ave. #195 - 1 . Shakopee, MN 55379 <•:. 952- 402 -9500 )enim37Ccagmail.com • August 31, 2012 , To City Council: r , I am writing this letter of support for the proposed fees and licensing requirements for Massage Therapists and Massage Businesses. 1$i I have been a Certified Massage Therapist for 6 Y2 years and have worked in various cities that have >; licensing requirements. These requirements helped protect the overall city environment from Illegal or $ . potential harmful acts that can occur with that type of activity. It is a small price to pay for a business r, that is promoting Massage Therapy in which when we complete a diploma or degree we obtain Liability /Malpractice Insurance in which we are bound by the Ethics they have set forth. - I have had a few instances where customers have come in looking for the "extras" I simply tell them we don't do that and session is over and they are 'till required to pay the full price. It becomes more and ,` more frustrating to be looked at in this fashion when I am a business owner and an educated Certified; Massage Therapist. My business is located near another place that allegedly advertises on an exotic r, website with a picture of the building. This is disturbing as it ''is promoting unethical and potential illegal �_'3 • activity. I as a business owner would appreciate not having that activity located near me nor have them i t ,t wandering about the parking lots. As the days get shorter - a raises a safety concern for myself and any '�� `? staff. I strongly ask the City Council to approve this proposed requirement. Shakopee is growing and if we :.K, don't take a stand to make the community safe and clean we can't expect It to flourish and at some ,0 point Shakopee will probably have fewer businesses wanting to settle here. I know that in the recent development, I too have had that thought as well. I hope that I will be able to continue to call Shakopee "home" for myself and my business and that the City Council wants to see out City grow and be vibrant and not become an area of illegal activities being run through a business. Thank you for your time. • ,1 Jeni eckenthun Certiffed'Massage Therapist /Business Owner • i I