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9.1. SR 08-21-2017 Eclty1� ,.,�� Request for Action River To Item Number Mayor and City Council 9.1 Agenda Section Meeting Date Prepared by Work Session August 21, 2017 Chris Leeseber , Senior Planner Item Description Reviewed by Massage Therapy in the I1 Zoning District BrieAnna Simon, Planner Reviewed by Cal Portner, City Administrator Action Requested Receive information and provide staff with direction regarding massage therapy in the I1 zoning district. Background/Discussion During Open Forum at the August 7, 2017, City Council meeting,Dr. Michelle Eddy, a chiropractor and owner of Focused Health and Wellness Center spoke on behalf of Dr. Nicole Dotson, owner of Intrinsic Wellness Center. Ms. Eddy indicated they recently leased space at 12580 192nd Court with the understanding massage services were allowed. She recently found that zoning prohibits massage therapy (Personal Service Establishments). She requested the area be rezoned to allow massage services. Massage is considered a Personal Service Establishment which is not listed as a permitted or conditional use in the I1 District. Medical, Optical, and Dental Labs are permitted. Several of the uses in the multi- tenant building include medical, optical, and dental. If a doctor employs a massage therapist the use would fall under "medical." In this case, the massage therapist would lease space from the doctor's office and operate as an independent contractor/business. The ordinance language is ambiguous in regard to this type of situation. Council direction is needed whether or not a massage therapist must be an employee of a doctor or if the Council would allow Personal Service Establishments in the I1 zoning district. Ms. Eddy provided licensing information from The City of Big Lake and The City of Monticello. Other Communities ■ Maple Grove does not allow in industrial. ■ Inver Grove Heights does not allow in industrial. ■ Orono does not allow in industrial. ■ Big Lake does not allow in industrial. ■ Andover does not specifically call out"massage" but allows retail trade and services as a CUP in industrial. They define "a business having as its primary function to supply of merchandise, wares, and/or personal services to the consumer". ■ Rosemount allows "professional service and office uses." Under which massage therapy falls. ■ Red Wing allows "Personal Services" as a CUP. ■ Rogers allows as "Adult Oriented Business" and in their definitions,where massage is listed. POWERED 6T A IR Medical, Optical, and Dental Labs A discussion is required to define medical, optical, and dental labs as we currently have businesses operating as outpatient clinics under this classification. Medical, optical, and dental labs were identified as a permitted use in the I1 zoning district prior to the recodification in 2002. Although it is not clear what the intended uses were to be and the ordinance does not define, staff interprets the intent to be industrial/manufacturing in nature not an office such as an outpatient clinic. Staff and the city attorney interpret"labs" as the manufacturing of products for the respective businesses. For example, dental labs create crowns,bridges, dentures, and other dental appliances for dental offices and patients. Optical labs make prescription eyeglasses and contact lenses for eye clinics and patients. Medical labs construct, fit, and repair medical supportive devices for medical offices and patients. Staff does not believe Outpatient Facilities or Personal Service Establishments should be a permitted, accessory, or conditional use in industrial-zoned districts. The Council may wish to consider rezoning the parcel to Highway Commercial to maintain the integrity of the Industrial classification and permit a number of existing illegal uses. Financial Impact None Attachments ■ Big Lake Massage Licensing ■ Monticello Massage Licensing N:APublic Bodies\Agenda Packets\08-21-2017\Final\9.1 sr.docx City of Big Lake Chapter 3 Licenses Section 395 – Therapeutic Massage Section 395 - Therapeutic Massage Licensing of Persons Who Administer Massage 395.01 Policy Statement.In order to protect the public health, safety, and welfare and to guard against the inception and transmission of disease, the City Council deems it necessary to provide for the regulation and licensing of persons who administer massages. 395.02 Definitions.The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise: Massage:The rubbing, stroking, kneading, tapping, or rolling of the body of another with the hands or objects for the exclusive purpose of physical fitness, relaxation, beautification, and for no other purpose. Masseur:A male person who practices or administers a massage. Masseuse:A female person who practices or administers a massage. 395.03 License Required.No person shall engage in or hold himself or herself out as being engaged in the practice of massage nor shall any person administer or practice massage commercially or for hire, or for the exchange of any valuable consideration without first having obtained a license as herein provided. 395.04 Contents of the Application for License.Application shall be made on forms provided by the City Administrator. The application shall contain the following information together with any other information that the City Administrator may require: a. Evidence of the applicant's training and certification to administer massage. b. Evidence of applicant's practical qualifications to practice massage. c. The names and addresses of two persons who are residents of Sherburne County and who can attest to the applicant's character. d. Statement disclosing whether the applicant has ever been convicted of a crime or offense and, if so, information as to the time, place, and nature of such crime or offense. e. Evidence that the applicant is at least eighteen (18) years of age. f. The street address at which massages will be performed. 3-61 City of Big Lake Chapter 3 Licenses Section 395 – Therapeutic Massage 395.05 Granting or Denial of Licenses and Certificates a. Application Review. License applications shall be reviewed by the Police Department and such other departments, as the City Administrator shall deem necessary. Licenses shall be issued by the City Administrator. If the City Administrator refuses to issue a license, the decision may be appealed to the City Council. b. Term of License. A license permitting the holder thereof to practice or administer massage commercially is nonrenewable and nontransferable and application must be made each year for a license permitting and allowing the holder thereof to administer or practice massage for the succeeding year. All licenses shall be issued for a term expiring on December 31st following its issuance. 395.06 License and Investigation Fees.The license and investigation fees shall be established by resolution of the City Council. 395.07 Conditions Governing Issuance of License. a. Applicant. Licenses shall be issued only to persons of good moral character and repute and persons who are in good health and free from any communicable disease. b. Training and Certification. Licenses may be issued only to persons who have a diploma or certificate demonstrating that they have completed at least one hundred (100) hours of training in massage from either a school approved by the American Massage Therapy Association or similar reputable massage association, or from a school which is either accredited by a recognized education accrediting association or agency, or is licensed by the State or a local government agency having jurisdiction over the school, or a certificate from the National Certification for Therapeutic Massage and Bodywork by the National Certification Board of Therapeutic Massage and Bodywork. c. Prior Offenses. Licenses may be issued only to persons free from convictions or offenses which involve moral turpitude or which relate directly to the person's ability, capacity, or fitness to perform the duties and discharge the responsibilities of the occupation. d. Prior Revocation. Licenses may not be issued to persons who, within one year prior to the date of application, have been denied licensing or who have had their license revoked or suspended by any community, political entity, or by the State of Minnesota. 3-62 City of Big Lake Chapter 3 Licenses Section 395 – Therapeutic Massage e. Cooperation of Applicant. Licenses may be issued only to persons who have fully and truthfully answered all of the information requested in the application and have paid the full license fee and investigation fee. f. Age. Licenses may be issued only to persons eighteen (18) years of age or older. 395.08 Revocation, Suspension, or Non-renewal of License.The license may be revoked, suspended, or not renewed by the City Administrator by showing that the licensee has engaged in any of the following conduct: a. Fraud, deception, or misrepresentation in connection with the securing of the license. b. Habitual drunkenness or intemperance in the use of illegal drugs, including but not limited to the use of drugs defined in either 26 U.S.C. § 4731 or Minn. Stat. § 152.02, barbiturates, hallucinogenic drugs, amphetamines, benzedrine, dexedrine, or other sedatives, depressants, stimulants, or tranquilizers. c. Engaging in conduct involving moral turpitude or permitting or allowing others within their employ or agency to engage in conduct involving moral turpitude or failing to prevent agents, officers, or employees from engaging in conduct involving moral turpitude. d. Conviction of an offense involving moral turpitude by any court of competent jurisdiction. e. Engaging in any conduct which would constitute grounds for refusal to issue a license herein. 395.09 Exceptions.This ordinance does not apply to: a. A person practicing massage at a hospital, nursing home, or other institution for the hospitalization or care of human beings licensed under the provisions of Minn. Stat. §§ 144.50 through 144.69. b. By a licensed nurse, licensed medical doctor, licensed podiatrist, licensed chiropractor, or other health care professional licensed by the State of Minnesota, or by someone employed by such an individual and working under their supervision. 395.10 Location of Massage.It is unlawful for a licensed masseur or masseuse to perform a massage except at a location in the City of Big Lake stated on the license application or in an office, home, community center, or apartment, on an outcall basis. 3-63 1 CITY OF MONTICELLO, MINNESOTA WRIGHT COUNTY ORDINANCE NO. 632 ORDINANCE AMENDING CITY CODE TITLE 3 BY ADDING CHAPTER 18 - THERAPEUTIC MASSAGE ENTERPRISES AND MASSAGE THERAPISTS CHAPTER 18 THERAPEUTICE MASSAGE ENTERPRISES AND MASSAGE THERAPISTS SECTION: 3-18-1: Purpose 3-18-2: Definitions 3-18-3: License Requirements 3-18-4: Exceptions 3-18-5: License Application 3-18-6: License Fees 3-18-7: Persons Ineligible for License 3-18-8: Locations Ineligible for Therapeutic Massage Enterprise License 3-18-9: License Restrictions 3-18-10: Term, Renewal of License 3-18-11: Sanctions for License Violations 3-18-12: Violations and Penalties 3-18-1: PURPOSE: The purpose of this license is to prohibit massage businesses and services to the public except those licensed by the city as therapeutic massage enterprises and massage therapists pursuant to this section. The license regulations prescribed herein are necessary in order to protect businesses that are operating legitimate enterprises, to prevent criminal activity, and to protect the health and welfare of the community. The purpose of this Section is not to impose restrictions or limitations on the freedom of protected speech or expression. 3-18-2: DEFINITIONS: The following words and terms when used for this license shall have the following meanings unless the context clearly indicates otherwise: Accredited Institution – an educational institution holding accredited status with the United State Department of Education. Accredited Program – a professional massage program accredited by the Commission on Massage Therapy Accreditation (COMTA). Clean – the absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter. 2 Good repair – free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good and sound condition. Issuing Authority – the City of Monticello. Massage – any method of pressure on, or friction against, or the rubbing, stroking, kneading, tapping, pounding, vibrating, stimulating, or rolling of the external parts of the human body with the hands or arms with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations. Massage therapist – an individual who practices or administers massage to the public who can demonstrate to the Issuing Authority that he or she: (A) has current insurance of $500,[JJ1]000 for professional liability in the of massage; (B) is affiliated with, employed by, or owns a therapeutic massage enterprise licensed by the City; and (C) has completed 500 hours of certified therapeutic massage training with content that includes the subjects of anatomy, physiology, hygiene, ethics, massage theory and research, and massage practice from an accredited program or accredited institution that has been approved by the Issuing Authority. These training hours must be authenticated by a single provider through a certified copy of the transcript of academic record from the school issuing the training, degree or diploma. Operate – to own, manage, or conduct, or to have control, charge, or custody over. Person – means any individual, firm, association, partnership, corporation, joint venture, or combination of individuals. Therapeutic massage enterprise – a person who operates a business which hires only licensed therapeutic massage therapists to provide massage to the public. The owner/operator of a therapeutic massage enterprise need not be licensed as a therapeutic massage therapist if he or she does not at any time practice or administer massage to the public. Within the city – includes physical presence as well as telephone referrals such as phone-a-massage operations in which the business premises, although not physically located within the City, serves as a point of assignment of employees who respond to requests for services from within the City. 3-18-3: LICENSE REQUIREMENTS: Therapeutic Massage Enterprise License. It shall be unlawful for any person to operate, engage in, or carry on, within the City, any type of massage services to the public for consideration without first having obtained a therapeutic massage enterprise license from the City pursuant to this Section. Massage Therapist License. It shall be unlawful for any individual to practice, 3 administer, or provide massage services to the public for consideration within the City without first having obtained a massage therapist license from the City pursuant to this Section. 3-18-4: EXCEPTIONS: A Therapeutic Massage Enterprise or Therapist License is not required for the following persons and places: (A) Persons duly licensed as a doctor by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, provided the massage is administered in the regular course of the medical business as it prepares the patient for a medical procedure or complements a medical procedure previously performed on the patient and not provided as part of a separate and distinct massage business. Any duly license doctor that offers any form of massage without a direct link to a medical procedure must obtain a massage license. (B) Persons working solely under the direction and control of a duly licensed medical professional licensed under Minnesota State Statute Chapters 147 or 148 or dental professional licensed under Chapter 150A, provided the massage is administered on the premise of the medical business. (C) Places duly licensed or operating as a hospital, nursing home, hospice, sanitarium, or group home established for the hospitalization or care of human beings provided the massage is administered only to the residents or patients of the facility as part of their care and not provided as a part of a separate service. 3-18-5: LICENSE APPLICATION: (A) Therapeutic Massage Enterprise License Application. An application for a therapeutic massage enterprise license shall be made on a form supplied by the City and Issuing Authority and shall request the following info: 1. All Applicants: a. Whether the applicant is an individual, corporation, partnership, or other form of organization. b. The legal description of the premises to be licensed together with a plan of the area showing dimensions, location of buildings, street access, and parking facilities. c. The floor number, street number, and rooms where the massage services are to be conducted. d. Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amount that are unpaid. e. Whenever the application is for premises either planned or under construction 4 or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans for design are on file with the Building and Inspection Division, no plans need to be submitted to the Issuing Authority. f. The name and street address of the business if it is to be conducted under a designation, name, or style other than the name of the applicant, and a certified copy of the certificate as required by Minnesota Statutes, Section 333.02. g. The amount of the investment that the applicant has in the business, buildings, premises, fixtures, furniture, and equipment, and proof of the source of such investment. The identity of all other persons investing in the business, building premises, fixture, furniture and equipment, the amount of their investment and proof of the source of such investment. h. Such other information as the City Council or Issuing Authority shall require. 2. Individuals: a. The name, place and date of birth, and street residence address of the applicant. b. Whether the applicant has ever used or been known by a name other than the applicant’s name, and if so, the name or names and information concerning dates and places where used. c. Whether the applicant is a citizen of the United States or a resident alien or has the legal authority to work in the United States. d. Street addresses at which the applicant has lived during the preceding five (5) years. e. The type, name, and location of every business or occupation the applicant has been engaged in during the preceding five (5) years. f. Names and addresses of the applicant’s employers for the preceding five (5) years. g. Whether the applicant has ever been convicted of any felony, crime, or violation of any ordinance other than a minor traffic offense. If so, the applicant shall furnish information as to the time, place and offense, for which convictions were had. h. 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 application is submitted to the Issuing Authority. i. Whether the applicant has ever been engaged in the operation of massage services. If so, applicant shall furnish information as to the name, place, and length of time of the involvement in such an establishment. 3. Partnerships: For the applicants that are partnerships: the names and addresses of all general and limited partners and all information concerning each general partner as is required in paragraph (2) of this Section of this Code. The managing partners shall be designated, and the interest of each general and limited partner in the business shall be disclosed. A true copy of the partnership agreement shall 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 such certificate shall be submitted. The license shall be issued in the name of the partnership. 4. Corporations and Other Organizations: 5 For applicants that are corporations or other types of organizations. a. The applicant’s name and current address. b. The applicant’s current employer. c. The applicant’s employers for the previous five (5) years, including the employer’s name, address and dates of employment. d. The applicant’s address for the previous five (5) years. e. The applicants’ date of birth, home telephone number, weight, height, color of eyes, and color of hair. f. Whether the applicant has ever been convicted of any felony, crime, or violation of any ordinance other than a minor traffic offense, and, if so, the time, place, and offense which convictions were had. g. 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 (5) years of the date the license application is submitted to the Issuing Authority. (B) Massage Therapist License Application. An application for a massage therapist license shall be made on a form supplied by the Issuing Authority and shall request the following information: 1. The applicant’s name and address. 2. The applicant’s current employer. 3. The applicant’s employers for the previous five (5) years, including the employers’ name, address, and dates of employment. 4. The applicant’s addresses for the previous five (5) years. 5. The applicant’s date of birth, home telephone number, weight, height, color of eyes, and color of hair. 6. Whether the applicant has ever been convicted of any felony, crime, or violation of any ordinance other than a minor traffic offense and, if so, the time, place, and offense for which convictions were had. 7. 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 (5) years of the date the license application is submitted to the Issuing Authority. 8. Whether the applicant is a U.S. Citizen or resident alien or has the legal authority to work in the United States. 9. Whether the applicant has ever used or been known by a name other than the applicant’s name, and if so, the name or names and information concerning dates and places where used. 10. Whether the applicant has met the definition of massage therapist in this Code. 6 11. Such other information as the City Council or Issuing Authority shall require. 3-18-6: LICENSE FEES: The fees for a therapeutic enterprise and therapist licenses shall be as set forth in the Fee Schedule in Section (Title) 20 of this Code. An investigation fee shall be charged for therapeutic massage enterprise licenses. Each application for a license shall be accompanied by payment in full of the required license and investigation fees, if applicable. 3-18-7: LICENSE APPLICATION VERIFICATION AND CONSIDERATION: (A) Therapeutic Massage Enterprise License. The initial application for an enterprise license under this Division shall be presented to the City Council for consideration, after the Issuing Authority has verified the information on the initial license. The Issuing Authority is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry and/or a driver’s license history inquiry on the applicant. The City Council may accept or deny the license application per this ordinance. (B) Massage Therapist License. 1. Verification and Consideration. Within a reasonable period after receipt of a complete application and fee for a massage therapist license the City shall grant or deny the application. The City and/or the Wright County Sheriff’s Office will conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry and/or a driver’s license history inquiry on the applicant. Notice shall be sent by regular mail to the applicant upon a denial informing the applicant of the right to appeal to the City Council within twenty (20) days. In an appeal is properly made, the matter shall be placed on the next available City Council agenda. 2. Photo I.D. Cards. Photo Identification cards shall be issued to individuals receiving a therapeutic massage therapist license. 3-18-7: PERSONS INELIGIBLE FOR LICENSE: (A) Therapeutic Massage Enterprise License. No therapeutic massage enterprise license shall be issued to a person who: 1. Is not eighteen (18) years of age or older at the time the application is submitted to the Issuing Authority. 2. Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes, Section 364.03, subdivision 3. 3. Has had an interest in, as an individual or as part of a corporation, partnership, 7 association, enterprise, business or firm, a massage license that was revoked or suspended within the last five (5) years of the date the license application is submitted to the Issuing Authority. 4. Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States. 5. Is not of good moral character or repute. 6. Is not the real party in interest of the enterprise. 7. Has knowingly misrepresented or falsified information on the license application. 8. Cannot meet the definition of therapeutic massage enterprise in Section 3-18-2 of this Code. 9. Owes taxes or assessments to the State, County, School District, or City that are due and delinquent. 10. Is the spouse of a person whose massage-related license has been suspended or revoked in the past five (5) years. (B) Massage Therapist License. No massage therapist license shall be issued to a person who: 1. Is not eighteen (18) years of age or older at the time the application is submitted to the Issuing Authority. 2. Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes, Section 364.03, subdivision 3 3. Whether the applicant has had an interest in, individually or as part of a corporation, partnership, association, enterprise, business or firm, a massage license that was revoked or suspended within the last five (5) years of the date the license application is submitted to the Issuing Authority. 4. Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States. 5. Is not of good moral character or repute. 6. Has knowingly misrepresented or falsified information on the license application. 7. Is not affiliated with, employed by, or does not own a therapeutic massage enterprise licensed by the City. 8 8. Cannot meet the definition of massage therapist in Section 13-8-2 of this Section. 3-18-8: LOCATIONS INELIGIBLE FOR THERAPEUTIC MASSAGE ENTERPRISE LICENSE: (A) Delinquent Taxes. No therapeutic massage enterprise shall be licensed if such enterprise is located on property on which taxes, assessments, or other financial claims to the State, County, School District, or City are due and delinquent. In the event a suit has been commenced under Minnesota Statutes, Section 278.01-278.13, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one (1) year after becoming due. (B) Improper Zoning. No therapeutic massage enterprise shall be licensed if the location of such enterprise has not obtained a Conditional Use Permit or other required land use approval as outlined in the City’s Zoning Code. 3-18-9: LICENSE RESTRICTIONS: (A) Posting of License. A therapeutic massage enterprise license issued must be posted in a conspicuous place on the premises for which it is used. Upon the demand of the city administrator or designee, a therapeutic massage enterprise must also immediately produce a current and complete list of all licensed massage therapists who are employed by the therapeutic massage enterprise. A person licensed as a massage therapist shall also post his or her massage therapist license, with color photo, in a conspicuous place on the premises at which the therapist is associated. A massage therapist shall produce his or her massage therapist license upon demand by the City Administrator or designee. (B) Licensed Premises. A therapeutic massage enterprise license is only effective for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered, or extended, the licensee shall inform the City within ten business days. It shall be the continuing duty of each licensee to properly notify the City, within ten business days, of any change in the information or facts required to be furnished on the application for license and failure to comply with this section shall constitute cause for revocation or suspension of such license. (C) Transfer of License Prohibited. The license issued is for the person or the premised named on the approved license application. No transfer of a license shall be permitted from place to place or from person to person without complying with the requirements of an original application. (D) Affiliation with Enterprise Required. A massage therapist shall be employed by, affiliated with, or own a massage enterprise business licensed by the City, unless a person or place is specifically exempted from obtaining a therapeutic massage enterprise license in Section 3-18-4 of this Code. 9 (E) Employment of unlicensed massage therapists prohibited. No therapeutic massage enterprise shall employ or use any person to perform massage who is not license as a therapeutic massage therapist under this section, unless the person is specifically exempted from obtaining a massage therapist license in Section 3-18-4 of this Code. (F) Coverage of genitals during massage. The licensee shall require that the person who is receiving the massage shall at all time have his or her genitals covered with non-transparent material or clothing. (G) Therapist clothing requirements. Any massage therapist performing massage shall at all times be dressed professionally, shall have his or her breasts, buttocks, anus, and genitals covered with non-transparent material or clothing, and prominently display or wear their photo identification card. (H) Effect of license suspension or revocation. No license shall solicit business or offer to perform massage services while under license suspension or revocation by the City. (I) Massage of certain body parts prohibited. At no time shall the massage therapist intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva, or vaginal area of a person. (J) Restrictions regarding hours of operation. No therapeutic massage enterprise shall be open for business, nor will any therapeutic massage therapist offer massage services, before 6:00 a.m. or after 10:00 p.m. any day of the week. (K) Proof of local residency required. In the case of a therapeutic massage enterprise, the licensee, operator, managing partner, or manager of the licensed premise must show proof of residency within a 50 mile radius of the City of Monticello. (L) Inspections. In light of the high risk of involvement with illegal conduct, an establishment providing massage therapy poses to the general public and in the interests of public safety, the issuing authority, the building inspector, the fire marshal, and the Wright County Sheriff’s Office shall have the right to enter, inspect, and search the licensed premises during the hours in which the licensed premises is open for business to ensure compliance with all provisions of this section and any other applicable sections of the city code and state building code. Any entry into a private residence will require either consent, exigent circumstances, or a search warrant. With reasonable notice, the business records of the licensee, including income tax returns, shall be available for inspection during the hours in which the licensed premises is open for business. The licensee is subject to a fee for a third inspection per the fee schedule, if orders to correct are issued to the licensee and those orders are not corrected upon re-inspection. Licenses shall be granted only to establishments which can meet the safety and sanitary requirements of the city and of the building code regulations of the city and state. 10 (M) Posting of rates. All massage enterprise businesses must post their rates for service in a prominent place in the entrance or lobby of the business. (N) Illegal activities. In addition to the license restrictions set forth in this section, any advertising by a licensee of any potential unlawful or erotic conduct at the licensed establishment shall be prohibited. A licensee under this chapter shall be strictly responsible for the conduct of the business being operated in compliance with all applicable laws and ordinances, including the actions of any employee or agent of the licensee on the licensed premises. 3-18-10: TERM, RENEWAL OF LICENSE: (A) The term of a massage therapist license and a therapeutic massage enterprise license is one year. If an individual or enterprise submits an application any time during a calendar year, the term shall expire June 30 of the year of issuance. The license fee for a partial calendar year may be pro-rated to one- half of the annual fee if an application is filed with the issuing authority after December 31. (B) Licenses must be renewed annually and the annual fee will be applied. A massage therapist license issued under this section shall expire on June 30 of the year of issuance of the license. A therapeutic massage enterprise license issued under this section shall expire on June 30 of the year of issuance. An application for the renewal of an existing license shall be made at least 30 days prior to the expiration date of the license and shall be made in such form as the issuing authority requires. (C) Within a reasonable period after the completion of the renewal license verification process, the Issuing Authority shall accept or deny the license application in accordance with this Chapter. If the application is denied, the City shall notify the applicant of the determination in writing and by regular mail to the address provided on the application form. The notice shall inform the applicant of the right, within twenty (20) days after receipt of the notice by the applicant, to request an appeal of the City’s denial to the City Council. In an appeal to the City Council is timely received by the City, the hearing before the City Council shall take place within a reasonable period of receipt of the appeal by the Issuing Authority. 3-18-11: SANCTIONS FOR LICENSE VIOLATIONS: (A) Suspension or revocation. The City Council may impose an administrative penalty, suspend or revoke a license issued pursuant to this section, at its discretion, for: 1. A violation related to fraud, misrepresentation, or false statement contained in a license application or a renewal application. 2. A violation related to fraud, misrepresentation, or false statement made in the course of carrying on the licensed occupation or business. 11 3. Any violation of this code or state law. 4. A violation by any licensee or individual that is directly related to the occupation or business licensed as defined by Minnesota Statutes, Section 364.03, subdivision 2. 5. Conducting the licensed business or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the community. 6. If the owner, operator, manager, lessee, or any of the employees are found to be in control or possession of a narcotic drug, or controlled substance on the premises, other than drugs which may be purchased over the counter without a prescription or those for which the individual has a prescription. 7. If the holder of an enterprise license fails to maintain with the issuing authority a current list of all employees of such licensed premises. The list shall include all massage therapists licensed under this section. 8. A material variance in the actual plan and design of the premises from the plans submitted. (B) Notice and hearing. A revocation or suspension by the City Council shall be preceded by written notice to the licensee and a hearing. The notice shall give at least ten (10) days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application. 3-18-12: VIOLATIONS AND PENALTIES: Any person or entity that violates the provisions of this chapter is guilty of a misdemeanor under Minnesota law, and shall be punished by a fine or imprisonment, or both, together with the costs of prosecution. Each violation of this section shall constitute a separate offense. Conviction of a violation of this section, while not required, may be grounds for the suspension or revocation of any license issued under this section.