ORD 16-02C -q
Ordinance 16 - 02
Alver ---
An *rdinaiince Repealing Chapter 38, Art!icle V1 and Replacing it with a New —
Ordinance Regarding Licensing and Regulation of Therapeutic Massage of the City
of Elk River, Minnesota, City Code
The City Council of the City,of Elk Fdver does hereby ordain as follows:
SECTION 1. Repeal Moratorium
Ordinance 15-25 adopted on July 20, 2015, is hereby repealed.
SECTION 2. Repeal and Replace
The language and content of the current Chapter 38, Article V1 of the River City ("ode is hereb}
repealed in its entirety and a new ordinance, 16-__0_2__ titled 1-icensIng, and Regulation ofTherapeutic
Massage shall be enacted as follows:
CHAPTER 38,, ARTICLE VI. — LICENSING AND REGULATION OF THERAPEUTIC
MASSAGE
Sec. 38-191. - Definitions.
`111e, following words, grins and phrases, when used in this ,article, shall have the meanings
ascribed to thein in this Section, except where the context clearly indicates a different meaning:
Accredited Institution means an educational institution lioldina accredited status with the
IJI'liled States Departi-rient of 1."W.ucation or Minnesota Office of Higher I.-Wucation.
Accredited 110 LYranq paeans professional massage progratn accredited by the Commission on
,,—
Massage'll-icrapy Accreditation (COMTA).
L4, means the City of 1-1k River, Minnesota.
Massa aeThera fist ri-icatis a person who practices or performs'TherapeuticNlassage on a person
for compensation.
State. means the State of Minnesota.
TheraDcutic Nlassage means the practice of iubbilig, stroking, kneading, tamping, or tolling of
the body with the liands or any instrunient, for the exclusive purpose of tension, stress, and pain
relief, relaxation, increased range of rnotion, muscle tone improvement, physical fitness, or
beautification and for no other purpose, by a person not licensed as a medical doctor, chiropractor,
osteopath, podiatrist, nurse, of physical therapist or by an assistant who works solely tinder the
direction of any of such professionals, or by beauticians and, barbers who confine their treatments to
the scalp, face, and neck.
'I , heraPeutic Massage Establislit-rient means an establishment 11i the business of providing
Therapeutic Massage services either to the public or as a private club.
Page 1
Sec. 38-192. - Purpose of Article.
1, he purpose of this Article is to prohibit massage businesses and services to the public except
those licensed as 'T'herapeutic Massage Establishments and Massage J."herapists pursuant to this
Article. The licensing regulations prescribed in this Article are necessary in order to prevent criminal
activity and to protect the health and welfare of the community. This Article is not intended to
impose restrictions or limitations on the freedorn of protected speech or expression.
Sec. 38-221. — Licenses required.
It is unlawful for any person or entity to practice Therapeutic Massage or offer to provide
massage therapy or operate aTherapeutic Massage Establishment within the City without a license.
See. 38-222. - Exceptions.
This Article shall not apply to the following establishments or people-.
(a) A health care facility licensed by the State.
(b) A health care facility owned in whole or in part by the State or any of its agencies.
(c) A medical clinic or hospital, so long as the massage is performed by a State -licensed
physician, chiropractor, osteopath, podiatrist, nurse, or physical therapist, or by an
assistant working under the direction of any of such professionals.
(d) A physical therapy clinic or athletic facility, so long as the massage is performed by a
State -licensed physical therapist, athletic director, coach, or trainer.
(e) A beauty parlor or barbershop, so long as the massage is performed by a State -licensed
beautician or barber, and treatment is limited to the scalp, face, and neck.
Seated chair massage on a fully clothed person.
(g) Students of an Accredited Institution who are performing massage services in the
course of a clinical component of an Accredited Program of study, providedthat the
students are performing the massage services at the location of the Accredited
Institution and provided the students are identified to the public as students of massage
therapy. Students of an Accredited Institution who are performing massage services at
clinics or other facilities located outside of the Accredited Institution must have at least
150 hours of certified Therapeutic Massage training at the Accredited Institution prior
to performing the therapy outside of the institution and must be identified to the public
as a student of massage therapy.
Sec. 38-223.— License application; investigation.
All initial Therapeutic Massage Establishment and Massage Therapist applications shall be
accompanied by the required fees in the amount established by ordinance. All persons that have a
ten percent (10%) or more financial interest in the '11crapeutic Massage Establishment business
shall be considered an owner and shall be required to have a background investigation. The police
department shall conduct the background *investigation before consideration of licensure by the
Office of the City Clerk. An investigation by the building official shall be conducted of all premises
proposed to be licensed. and a report shall be submitted stating the premises comply with the
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building code and Section 38 247 before consideration of licensure by the Office of the City Clerk.
Applications thereafter shall he considered and approved or denied by the Office of the City Clerk.
(q) licalion
(1) ,,]// applicanls, n)hether 119ey be an lllditidifal, rotporalim, paanerdvr , or olfrcyr fi)rv/ #111sl
provi(k, a/ a 1w,11A,111111,
a. The full names, addresses, telephone nUrnbcrs, dates :and place of birth of the o)xners
and operators, including the designated can -site manager or agent of the applicant.
1). J'he address of the prernises where the 'Fheralwtitic Nfassage F.'stablishirient is to be
located.
c. Info-mnation as to conviction of any crime or offense coninuitted by anyone ].listed on
the application,
d. IN description of services to be provided.
e. The applicant's proof of identification, ,%7hich may be established only by one of the
following:
1.A valid driver's license or identification card issued by Minnesota, another
state, or a province of Canada, and including the photograph and date of
birth of the licensed person, -
2.A -valid. rriihtary identification card issued by the United States Department of
Defense;
3.A valid passport issued by the United States: or
4.1n the case of a foreign national, by a valid passport,
5. For purposes of proof of identification, the "applicant" shall mean the on-
site manager or agent for aTherapeutic Massage Establishment filling an
application and all owners who are natural persons,
f, 'I"he application shall identify the full nari-ic, address, date and place of birth, and
telephone ntirnbcr of the natural person, designated by the, applicant as the
Therapeutic Massage E's tab lis hments on-site manager or agent, who ,hall reside
within 75 rnilcs of the licensed business. The required residency must be established
by, the time the license is issued and maintained throughout the existence of the
license and all renewals, This designated nated person shall submit notarized written
consent to: (1) take fall responsibilit), for the conduct of the licensed premises and
operation; and (2) serve as agent for service of notices and other process relating to
t4ic license. The licensee shall promptly notify the Office of the City Clerk of any
change in manageirient.
g. Proof of Workers' Cornpensation insurance as required by Mlfinesota law.
h. Whether all real estate, personal property taxes, utility bills, assessments, or other
financial claims of the City that are due and payable for the premises to be licensed
have been paid, and if not paid, the years and amounts that are unpaid.
i. The name and address of the business if it is to be conducted under a designation,
tiarne, or style other than the name of the applicant, and a certified copy of the
certificate as required by NIN ��333.01 and 333.02.
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j. The application shall be signed and sworn to. If the applicant is a natural person, it
shall be signed and sworn to by such person. If the applicant is a corporation, an
incorporated association, or a limited liability coinpany (LLC), the application shall
be signed by an officer or member of said entity, providing proof of authority to sign
on behalf of said entity.
k. Whether the applicant has had an interest in, as an individual or as part of a
Corporation, partnership, association, enterprise, business or firm, a massage license
that was revoked or suspended within the last five years of the date the license
application is submitted to the City.
1. A public liability insurance policy or certificate of insurance from a company
authorized to do bUSiTICSS in the State, insuring the applicant against any and all loss
arising out of the use, operation, or maintenance of theTherapeutic Massage
Establishment. The policy of insurance shall be in limits of not less than
$1,000,000.00.
m. Such other information as the Office of the City Clerk may require.
(2) Indii4duaZ(- In addition to the requirement-,$ under Section 38-223 (a)(1), individual apphcants
must further provide the following:
a. Whether the applicant and on-site manager or agent have ever used or have heen known
by a name other than his or her name on the application, and if so, the name or narnes
used and information concerning dates and places where used.
b. Whether the applicant is a United States citizen or is legally permitted to be in the United
States and providing proof thereof.
11.
c. The street and city addresses at which the applicant and on-site manager or agent lived
during the preceding five (5) years.
d. Nati-ics, addresses, and dates of the applicant's and. on-site manager's or agent's
employers for the preceding five (5) years.
e. Whether the applicant and on-site manager or agent have ever been engaged in the
operation of massage services. If so, they shall furnish information as to the name, place,
and length of time of the involvement in such an establishment.
(3) lladnenidps - In addition to the requirements under Section 38-223 (a)(]), partnership
applicants must further provide the following:
a. 'Fhe full name(s), address(s), date and place of birth, and financial interest of all general
partners and all of the information concerning each general partner that is required of
Individual applicants under (a)(2) of this Section.
b. The full name(-,), address, date and place of birth, and telephone number of the
managing partner(s) and the interest of each managing partner in the business.
c. A copy of the partnership agreement. Any license issued shall be issued in the name of
the partnership.
(4) C'wpotations - In addition to the requirements under Section 38-223 (a) (1), corporate
applicants must further provide the following:
a. The name of the corporation or business firm, and if incorporated, the state of
incorporation.
Page 4
b. A copy of the certificate of incorporation, If the applicant is a foreign corporation, a
certificate of authorttv as required by Minn. Stat. '�\303.06,
C. The name of the nianager(s), proprIctor(s) or other agent(s) In charge ofthe business and
all of the infOrination concerning each manager, proprietor, or agent that is required of
In.diVidual applicants tinder (a)(2) of this Sec6o-m.
d. A list of all persons who own or have a 'I en percent (I W'O') or ii -tore interest in the
corporation or org arrizatioii or who are officers of said corporation or organization,
together with their addresses and all of the information regarding such persons that is
required of individual applicants under (a)(2) of this Section.
(1)),,V,1assq Tnip
heirv1pp lieafion. Fach application shall contain and require:
,go
a. 'I'he applicant must live within 75 miles of the licensed business. The required residency
must be established by the tirne the license is issued and maintained throughout the
existence of the license and all renewals.
1), Name, place, date of birth, and street address of the applicant.
c. Whether the applicant has ever used car been known by a narne other than the applicant's
true legal name, and if so, the name or names and information concerning dates and
places used.
d. Whether the applicant is a citizen of the United :Mates or a resident alien or has the legal
authority to work in the United States.
e. proof of current insurance coverage of $1,000,000-00 for professional liability in the
practice of niassage if the therapist wiJI be renting booth space froth all establishment,
f. Strect addresses at which the applicant has lived during the preceding five years.
g. The type, name, and location of every business or occupation the applicant has been
engaged in during the preceding five years.
h. Whether the applicant is currently' licensed in other corriti-ainities to perform n-lassage
therapy, and if so, where.
i. WI-icthcr the -tl)l,,)Ilcant has ever been convicted of any Cfjljje, or violation of any
ordinance, other than a in1nor traffic offense. If so, the applicant shall furnish
information as to the date, location, and offense for which convictions were entered.
Whether the applicant has had an interest in, as an individual ear as part of a corporation,
partnership, association, enterprise, business or firni,a inassage license that was revoked
or suspended within the last five years of the date the license apl-,)hcation is submitted to
the City,
k. Whether the applicant has ever been engaged in. the operation of massage services, If so,
apI-.)Iicant shall furnish iii -)rrnation as to the name, place, and length of tirne of the
involvement in such an establishi-nent,
1. Proof of Vraduation and completion of 500 hours of certified "Therapeutic Massage
training with content that includes the sub)ects, of anatomy, physiology, hygicne, ethics,
massage theory and research, and triassage practice from -in Accredited program or
Accredited Institution, These training hours must be authenticated by a single provider
through a certified copy of the transcript of academic record from the schoo-d issuing the
training, degree, or diploma or proof of passing the National Certification F?'xarri offered
by the National Certification Board forTherapeutic Massage & Bodywork and a
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minimum of five (5) years of full-time work experience as a Massage Therapist within
the United States.
Sec. 38-224. - Renewal,
Each license issued under this Article shall expire on December 31 of the year it is issued.
Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee
in the amount established by ordinance. For a renewal, the applicant must provide any changes in
the name, address, crivainal record, or other relevant information of any other owner, lessee,
operator, or Massage Therapist. '_Fhe police department may conduct an investigation prior to any
renewal. The building official may conduct an inspection of the premises prior to any renewal.
(a) Application for renewal shall be made at least 60 days before expiration and shall be In the form
and manner as required for the original license-,
(b) Upon the tu"nely submission of an application for renewal, the Office of the City Clerk shall
renew each license meeting tlierequirements for the issuance of the original license, no later
than 30 days before expiration.
Sec. 38-225 — Right to hearing
If ,I license is denied by the Office of the City Clerk, the ('try Clerk shall notify the applicant of the
detCrn-Jination in writing, including the facts and specific Section or Sections of this Article upon
which this determination was made, and their right to a hearing before the City Council. The City
Clerk shall follow the hearing procedures outlined in Article 11 of Section 38 regarding Business
I.,icenscs and Business Permits,
Sec. 38-226 License eligibility.
(a) A Thcrapeutic Massage Establishment license shall not be issued upon any of the following
grounds:
(1) The proposed fixed location of the Therapeutic Massage Establishment is not.in
conformance with Chapter 30 of the City code.
(2) The owner., operator, or any person who has a ten percent (10%) or more financial interest
in the Therapeutic Massage Establishment or the appointed on-site manager or agent of the
applicant 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 pros titu tion -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 five (5) years of the date of application.
(3) The owner, operator, or any person who has a Ten percent (10%) or more financial interest
in the Therapeutic Massage Establishment had a Massage Therapist or Therapeutic Massage
Establishment related licensein another jurisdiction that was suspended or revoked within
five (5) years preceding the date of application,
(4) The application failed to identify the full naive, address, and date and place of birth of the
natural person designated by the applicant as the Therapeutic Massage Establishment's on-
site manager or agent, along with the notarized written consent of such ,I person to: (1) take
Page 6
fill] responsibility for or the conduct of the licensed I-,)reinises and Operation- and (2) sen, -c as
agent for ser\,Ice of notices and other processes relating to the license,
(5) The on -site manager or agent designated by t be applicant Is not a resident whoa lives Within
75 miles Of the licensed business.
(6) The on-site: manager or agent designated by the applicant is not a United States citizen and is
not legally permitted to be in the United State,,.
(7) The applicant provided false Or inIsreptescrited information in the application.
(8) The Therapeutic Massage 1"Istablishment is proposed to be operated on, premises on which
property taxes, assessments, or other financial claims by the State, county, or CIry are clue,
delinquent, and 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.
(9) The applicant does not have general habilityinsurance coverage in effect as required in this
''article.
(10) The applicant has been, denied a license- under this Article within the preceding 12 months.
A Nlassage Therapist shall not be issued a license upon any of the following grounds:
(1) The al-.)plic-ant has :,,I 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 I -)v Minnesota Statutes, theft, felony drug
offense, any crit-ric of violence as defined 1)y Nlinnesota Statutes, or, any other similar crime
or offense within five (5) years of the (late of application.
(2) The applicant had a Massage 'l orThcrapeutic Massage E'stablishinc.nt related license
in another jurisdiction that was suspended or rcvokcd within five (5) years of the date of
application;
(3) The apl-)JAcant is not 18 years of age or older.
(4) The applicant does not reside: within 75 miles of the licensed business.
(5) The applicant is not a United States citizen and is not legally permitted to be in the Url'
ited
States;
(6) The applicant has not provided proof of graduation and completion of 500 hours Of
certified Therapeutic Massage training with content that Includes the subjects Of anatotliN,
physiology, hygiene, ethics, massage theory and research, and rnassage practice from an
Accredited program or Accredited Institution. "These training hours must: be authenticated
by a single provider through ,I certified copy of the transcript of academic record from the
School issuing the training, degree, or diploilla or proof Of passing the National Certification
FIxam offered by the National Certification Board for Theralle ii tic Massage. & Body"work
and a intintrium of five (5) years of full-time work experience as ,I Massage'Therapist within
the, L.Inited States.
(7) The applicant provided false or misrepresented information on the application,
(8) The applicant has been denied a liCel"ISC under this.Article within the preceding 12 rnonths.
(9) The establishment is not licensed or in co-miphance with the State Building and Fire Codes in
addition to this code.
Page 7
DIVISION 3. Operational regulations and restrictions
(a) The act of any employee of the licensee is deerned 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 prernises of the Therapeutic
Massage F.stablislu-nent.
(b) 'rhc licensee and all employees of the licensee shall at all times be fully clothed and shall not
expose his/her breast, buttocks, anus, or genitals.
(c) At no time shall the Massage Therapist touch or offer to touch or inassage the penis, scrotum,
mons, veneris, vulva, or vaginal. area of any customer or person inquiring of massage therapy
sen'Tices.
(d) No beer, liquor, narcotic drug, or controlled substances, as such terms are defined by State
statutes or the City Code, sha 11 be permitted on the licensed premises.
(e) 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.
Only Massage Therapists who are licensed by the City shall practice or provide Therapeutic
Massage services for a licensed Therapeutic Massage F'stablishment or within the licensed
Therapeutic Massage I-Istablisbment prermises as identified in its license.
The licensee shall comply with any and all provisions of this Article, all applicable provisions of
the City Code, and all applicable State laws and regulations.
(h) It is unlawful for any licensee under this Article to allow the licensed premises to be open for
business or allow patrons to be on the prernises between the hours of 9:00 p.m. and 6:00 a.m. of
the next day. The hours of operation must be displayed in a conspicuous place in the lobby
and/or in any ftontNvj'ndow clearly visible frorn outside the'llicrapeutic Massage tstablishrrient.
All massages must conclude at or before 9:00 p.m. Support activities, such as cleaning,
maintenance, and bookkeeping are allowed outside of business hours.
(i) The licensed premises shall, during all operating hours, be open to inspection by any building,
zoning, code or police officer to determine whether this Article and all other laws are being
observed. All persons, as a condition to being issued such license, consent to such inspections by
such. officers. It is unlawful for any licensee or agent or employee of a licensee to hinder or
prevent a City Inspecting officer from tnaking such inspection. All employees must, upon
demand of any police officer, produce correct identification.
If a licensed Therapeutic Massage Establishment'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.
(k) All licensees shall post current licensesin a prorrurient place.
No license issued under this Article may be transferred. 'Therapeutic Massage Fstablishmcnt
licenses shall terminate upon any change in officers' or ownership interests of the Licensee
where said officer 017 owner has a ten percent (10%) or snore financial interest in the Therapeutic
Massage Establishment license.
(m) Advertising of any potential unlawful car erotic conduct at the licensed establishment shall be
prohibited.
Page 8
,(,I
' . Hie sale, Use 01' possession of adult-(.)rIentcd incrch.andise, including sex toys and/or co.)ndoins,
In any part of the Therapeutic Massage I..,stablislimcnt, shall be prohibited.
(o) No touching, fondling, or other 1111-clitional contact Nvith the genitals, breasts of -,I fcinale patron,
or anus of any patron� The person wh,o)is receiving a massage shall at all tines be properly
covered with non -transparent niaterial.
No sexual activity.
(q) 'Thc 'I'lieral-)CLIfiC Massage I"'stablishment shall post thell rates for service in a prominent place III
the entrance or lobby of the bLISiT)CSS, No Therapeutic Massage 14Stablish.j.-nent owner or
nianager shall pertriu-, and no employee or independent contractor of the Therapeutic Massage
l."stablishment shall offer to perform, any massage therapy sen�,ices, or charge any fees, other
than those posted,
(r) Violation of any law or regulation relating to the license issued under this Article, or an,
buflelilig, safety or health regulation, shall be grounds for sus c si
]-,) 11 Ion or revocation of any
license, as determined by the ("Ity ("ouncil.
(s) It is unlawful to allow anyone to hN,"c on the licensed premises of a business not located in a
residential district. Therapeutic Massage Establishment license is only effective for the compact
and contiguous space specified in the approved license application. If the licensed preirmises are
altered in any way, the licensee ,;hall inform the Office of the City Clerk within ten (10) business
days.
Sec. 38-245 Prohibited business or operations
No ThCfal)CLAiC Massage F'stablishment SI -1211 be used or operated as or ha conjunction with an adult
use business as defined U'l this Code,
Sec. 38-246. - Compliance witli building regulations.
All person,,, wh<a hereafter construct, extensn"Cly remodel, or convert buildings or facilities for
use as Therapeutic NNIassage E.stablishments which arc open to the public shall comply with the
requirements of the State fire and building code and all amended codes. To the extent the building
code or fire code requirements conflict %vith the provisions of this Article, the more restrictive
provision shall goern.
Sec. 38-247. - Design and maintenance of premises.
(a) Floors, walls, and equipi-nctit in rnassage roorns, restroom, bathrooms, janitor's closets,
hallways, and reception areas used in connection therewith must be kept in a state of good
repair anti clean at all runes. Linens and other triatcrials shall be stored at least 12 Inches off the
Clean floor. C an t0),N7eIs and washcloths, must be made available for each customer.
(b) If mass -age is perf(-.)i7l-recd In individw.d morins, the doors to the individual massage room shall
not be. equipped witli any locking device and shall not be blocked or obstructed from either
side.
(c) Only professional massage tables that are generally accepted.111 the professional massage
industry may be placed in massage rooins, and utilized for massage therapy. No futons, beds,
mattresses, waterbeds, or products not compliant with local and state laws are allowed in the
'Therapeutic Massage t,stablishment.
Page 9
{d) No portion of the Therapeutic Massage F"stablishment shall be used for sleeping residential
purposes.
Sec. 38 - 248 Sanctions for violations
(a) A license issued under this Article may be revoked or suspended, not issued or renewed upon a
showing that the licensee, or its owners, managers, employees, or agents, or any Massage
Therapist practicing Therapeutic Massage on the licensed premises or premises proposed to be
licensed:
(2) Has not complied with all laws of sanitation.
(3) Has violated any law or regulation relating to health, building, building maintenance, or
safety, or other provisions of the City Code or State taw.
(4) Has violated any of the provisions of this Article.
(5) Would be inconsistent with the co rnprchensive development plans of the City; or
(6) Would otherwise have a detrimental effect upon the property in the vicinity.
Sec. 38-249 — Violations and Penalty
Aiding or Abetting Violation.
It is unlawful for any person to cot'rimit, attempt to commit, conspire to commit, or aid or abet in
the commission of any act constituting a violation of this Article, whether individually or In
connection with one or more persons or as a principal, agent or accessory.
Inducing Violation.
It is unla-wful for any person to falsely, fraudulently, forcibly or willfully induce, cause, coerce,
require, permit or direct another to violate any of the provisions of this Article.
Criminal Penalty for Violations
Any person or entity violating any provision of this Article is guilty of a ii-iisdeiricanor and upon
conviction, shall be subject to the penalties set forth in the M.1rinesota Statutes, E,.1ach day the
violation continues shall constitute a new and separate offense. Each violation of this Article shall
constitute a separate offense. Conviction of a violation of d-iis Article, while not required, may be
grounds for the suspension or revocation of any license issued under this Section.
SECTION 3.1"hat this ordinance shall take effect upon adoption by the City Council.
Massed and adopted by the City Council of the City of Elk, River this 19"' da of.jan-uaiy, 2016.
1 y
j(4j
ietz, 49car
,--
A'l *I'EST:
Tina Allard, City Clerk
Page 10
AFFIDAVIT OF PUBLICATION
CITY OF ELK RIVER
RESOLUTION 16-06
STATE OF MINNESOTA}
A Resolution of the City of Elk
ss
COUNTY OF SHERBiJRNE
River Approving Notice of Summa-
ry Publication of Ordinance #16-02.
An Ordinance repealing Chapter
Charlene Vold being duly sworn on an oath,
38, Article A and replacing it with a
states or affirms that he/she is the Publisher's
now ordinance regarding licensing
Designated Agent of the newspapers) known
sage of thhtian
and reguof therapeutic m in -
e City of Elk River, Min-
as:
nesota, City Code
Councilmember Westgaard in -
Star News
troduced the following resolution
and moves its adoption:
with the known office of issue being located
WHEREAS, on January 19,
2016, the Elk River City Council ad -
in the county of:
opted Ordinance 16-02 repealing
SHER BU RNE
Chapter 38, Article IV and replacing
with additional circulation in the counties of:
R with a new ordinance regarding li-
censing and regulation of therapeu-
WRIGHT
tic massage of the Elk River Code
and has full knowledge of the facts stated
of Ordinances; and
below:
WHEREAS, the ordinance re-
(A)The newspaper p
peals Ordinance 15-25, adopted
July 20, 2015, which established
the requirements constituting qualifiica.-
a moratorium on new massage es -
tion as a qualified newspaper as provided
tablishments.
by Minn. Stat. §331 A.02.
The ordinance repeals existing
(B) This Public Notice was printed and pub-
Chapter 38, Article VI of the City
Code and replaces the language
lished in said newspaper(s) once each
with a new ordinance titled Licens-
week, for 1 successive week(s); the first
ing and Regulation of Therapeutic
insertion being on 01/23/2016 and the last
Massage.
insertion being on 01/23/2016.
The ordinance establishes the
following:
• Definitions for terms used
MORTGAGE FORECLOSURE NOTICES
throughout the ordinance.
Pursuant to Minnesota Stat. §580.033
• Requires licensing for mas-
relating ptherapists
sage establishments and massage
with certain exceptions.
foreclosure notices: The newspaper complies
• Outlines the information re -
with the conditions described in §580.033,
quired on an application for mas-
subd. 1, clause (1) or (2). If the newspaper's
sage establishments and massage
known office of issue is located in a count y
therapists.
• Establishes a process for the
adjoining the county where the mortgaged
city to verity the facts of an appli-
premises or some part of the mortgaged
cation.
premises described in the notice are located,
• Outlines factors that would
a substantial portion of the newspaper's
disqualify an applicant from obtain -
ing a license.
circulation is in the latter county.
• Allows for in-house approval of
a license by the Office of the City
Clerk.
• Establishes licensing restric-
By:
tions regarding health, safety, and
welfare.
• Sets up a licensing renewal
Designated Agent
Subscribed and sworn to or affirmed before
process -
• Establishes sanctions and
me on 01 /23/2016 by Charlene Vold.
penalties for licensing violations.
WHEREAS, a copy of the full
text of the ordinance is available
for inspection by any person at the
office of the Elk River City Clerk,
13065 Orono Parkway, during regu-
lar business hours.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council, by
at least four-fifths vote, authorizes
the publication of the title and sum-
--- ' . DAALENE MANE MRCS;
mary of Ordinance 16-02.
Notary Ptfbfic-Minnesala
The motion for adaption of the
.f Expires Jan 3t, 2019r
foregoing resolution was duly sec -
my Gommission
onded by Councilmember Burandt,
4
and upon vote being taken thereon,
the following voted in favor there-
of: Mayor Dietz, Councilmembers
Olsen, Westgaard, Burandt, and
Wagner and the following against:
no one, whereupon said resolution
was declared duly passed and ad-
Rate Information:
opted.
The following members were
(l) lowest classified rate paid by commercial users
present: Mayor John J. Dietz,
for comparable space:
Councilmembers Jerry Olsen, Matt
$23.00 per Column inch
Westgaard, Barbara Burandt, and
Ad ID 501295
Jennifer Wagner and the following
absent: none.
Passed and adopted this 19th
day of January, 2096.
John J. Dietz, Mayor
ATTEST: Tina Allard, City Clerk
Published in the
Star News
January 23, 2016
501295