93-013 ORD
ORDINANCE 93 - 11-
CITY OF ELK RIVER
It
AN ORDINANCE AMENDING SECTIONS 900.08, 900.12, 900.25
OF THE CITY OF ELK RIVER CODE OF ORDINANCES TO MAKE
THERAPEUTIC MASSAGE AND SAUNA ESTABLISHMENTS A CONDITIONAL
USE IN CERTAIN COMMERCIAL ZONING DISTRICTS AND DELETE
"MASSAGE" AS PROHIBITED IN HOME OCCUPATIONS
The City Council of the City of Elk River does hereby
ordain as follows:
Section 1: Section 900.08
Ordinances is hereby amended to add
which shall read as follows:
of
the
the Elk River Code of
following definitions
e
THERAPEUTIC MASSAGE. The practice of rubbing, stroking,
kneading, tamping, or rolling of the body with the hands
or any instrument, for the exclusive purpose of
relaxation, physical fitness, or beautification, and for
no other purpose, by a person not licensed as a medical
doctor, chiropractor, osetopath, podiatrist, nurse, or
physical therapist, or an assistant who works solely under
the direction of any of the above-described professionals,
or beautician and barber who confine their treatments to
the scalp, face, and neck.
THERAPEUTIC MASSAGE ESTABLISHMENT. An
the business of providing Therapeutic
either to the public or as a private club.
establishment in
Massage services
MASSAGE THERAPIST. A person who practices or performs
Therapeutic Massage on a person for compensation and meets
the licensing requirements set forth in subsection 704.20
of this section.
ON-SITE CHAIR MASSAGE. A Massage performed by a
licensed Massage Therapist at any location other than a
Therapeutic Massage establishment. On-site Chair Massage
shall be confined to massage for relaxation purposes only
of the face, neck, and shoulders area of a person fully
clothed and not lasting more than 15 minutes.
SAUNA. The terms "sauna," "steam bath," or
"heat-bathing room" mean a room used for the purpose of
bathing, reducing, or relaxing utilizing steam or hot air
as a cleansing, reducing, or relaxing agent. For purposes
of this ordinance, the term "sauna" does not apply to a
sauna or steam room located within a hotel, motel, health
club, or athletic facility.
e
e
e
e
Section 2 : Section 900.12 of the Elk River Code of
Ordinances is hereby amended to add the following new
subsections, which make Therapeutic Massage and Sauna a
conditional use in certain commercial zones:
900.12(10)(c)(xii) - Therapeutic Massage and Sauna Establishment
900.12(11) (c) (xiv)-Therapeutic Massage and Sauna Establishment
900.12(12) (c) (xxv)-Therapeutic Massage and Sauna Establishment
Section 3: Section 900.25 of the Elk River Code of
Ordinances is hereby amended as follows:
(1) Section 900.25 (2) (e) "massage" is deleted.
Section 4: Section 900.25 of the Elk River Code of
Ordinance is hereby amended as follows:
(1) Section 900.25 (4)(a) Therapeutic
Establishments operated as home occupations
to obtain a conditional use permit.
Massage and Sauna
shall be required
Passed and adopted by the Elk River City Council this 20th day
of December, 1993.
ATTEST:
Mayor
(..-- -/l~
".- r---
andra Thackeray,
Mfidavit of Publication
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
~ I ' \
~ (J\-,\ . UtL1"lfi/ji~~VYJ ,
being duly sworn, on oath says that he/she is the publisher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
oftheJacts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as amended. ,
(B) The printed ()./Le,Q.t.-,,'\C---l'L{'-U q ,~ --/3
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for I S\lC-
cessive weeks; it was first published on Wednesday, the I ;;r-tkl
day of (1'0vu...lfL!\-~- , 1~, and was thereafter
printed and published on every Wednesday to and including
Wednesday, the_day of ,19_;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
a b cde fghij kl mno pq rstu v wxyz
BY: 1J-/?1~~
TITLE: fjli.t1vv
Subscribed and sworn to before me on this
C)tL-'YLL l(l/~
~ R--v-.Jl~ yV I .
Notary PubW:
13~
day of
,19~.
/) '.
/"~~ ~PL.{/Vl'L'L'7\..~~U
- --- '-'1111'" II'"
CINDY M. SCHIMINSKI
s .
9QO.i2n2) (c) (xxv)-Therapeut~cMl\s-
llag~ 1IA~ ~a Establi,ldiment ., , " '
Secti9U 3 tion 900.25 of the Elk,
River COde of. ordinances ~8 hereby
aIPend Hows: ' , .
(1)0.;!5 (2) (e)'!!massll.ge" is
dele~d." ,,';, " ," .: ,
~tiQn 4; SeCtio.{!. 9()O,25 of the Elk '
R~ver Code o( PrdiQ.ailpe is hereby'
amended as follows: '
,,(rn;~tjq ,
RATE I
(1) Lowest classified rate paid by
commercial users for comparable 11~,50
space $
(2) Maximum rate allowed by law for q,'7 I lotL
the above matter $
(3) Rate actually charged for the 311ftJ!
above matter $
required to
niit. "
Passed and a
City Coun:cil thIs2Qth day 0 . ' 0
~993. , '" . ,. ," "
o ' Henry A.: DUitsmaii,Mayor
.t\TTEST: ',' '," ., ,"
Sllndra TIll~ckeray, Citr Clark
, , ,', (J/112)! ,,',
Mfidavit of Publication
STATEOFMINNESOTA )
)8S.
COUNTY OF SHERBURNE)
CIn OF EIJ( lUVIllR . ,\ '
The following pIJblicBtWn 0{ Ordinance
93-13 is q cQrI'ection ' r inadB in
the previoJl<~~ pybl' thtS (Jrylf-
nance. '1'>";-"':' "'-'", _'C,.'. -"t:'Utv:)"
(lJPJlN4NC
~ ()Ji CE. ING'
SECTJO .08, ; 900t25
OF THE C pF, lUVER
CODE OF ORQINMilCESi';OO' 1
MAnAND, 'l'HE;R.APli:U'l'JC MASSAGE
SAUNA ESTAB
,A CONDITIO '
CERTAIN CO
ZONING DlS .
DELETE "MASsA.GEtiA8
PROHm~:p I;N 1I0ME
OCCUPATIONS
~he City Council oOhe City-ofrElk
RIver ~Qes herebyardain as follows:
~ct.on 1. SectiQIl 900.0{:\ of the Elk
RIver> Code of ~fdinanC6!l ill hereby
amended to add the following defini-
tions which shall read as follows:
THERAPEUTIC mSSAGE. The
practice of rubbing, stroking, kneading,
tamping or rolling of the body with the
h.and, or anY instrument, for the exclu.
SIve pu.rpose ,rell:lxation, phy~ical! ~fit-
ness, or beautification, and for no' other
pUl-pDse, by a person not licensed lis' a
m~<:~ doctor, chiropractor, Qsteop!lth,
podf~t:ns~, nurse, or physical therapist,
or Istant who works solely under
tion of any of the above~de.
llllls, or beautician'an,d
ne t . r treatm9nts to
fJOv) ~~! '
being duly sworn, on oath says that he/she is the publisher or
authorized agent and employee ofthe publisher ofthe newspa-
per known as The Elk River Star News, and has full knowledge
oftheJacts which are stated below:
(A) The newspaper has complied with aU the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as amended.
(B)Theprinted O~~ 13- /3
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for I~~-
cessive weeks; it was first published on Wednesday, the 13_
day of ~1(, 19CfL(, and was thereafter
printed and published on every Wednesday to and including
Wednesday, the_day of ,19_;
and printed below is a copy ofthe lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind oftype used in the composition and publication ofthe
notice.
,~, .. . ~-;i;'\<' r;'
. THERAPIST;"A' person
ces 01' performs TherapeUtic
n a ~l'son !Ol' \X>mpeqsation
the li~nsmg req\!-irenients
subsEll;lt.ion '704,~O Of this
<.';0",
.Q ~CJlAnq:ffisS;A6E'.-Amas-
sage , ,d by 'a licensed Massage
Thera . 'at any location other than a
Theraw",tic Massage establishment.
On"site ,Ohair Massage shall be con-
fined to massage for' relaxation pur-
poses the face, neck; andsnoul-
ders a . Wrson fully clothed 'and
not lastU}g,)nore than Iii minutes. ;; ,
SA~^'Ii1'he terms ~sauna," ~steem-
bath," 01' ,.beat.bathing room" mean ' a
_ room ~se4,for th~ p~~~ ofha1ihing,
redu~:\llg, or rel/ilOIl/f util.~1ng' steam or
hot. all~ as a, cle'ansing, reducing; 'or,re-,
laxmg r' di-
naqce, ~ ly
t~ll\~a. '.
a
fa
See
River Co y
ame,nded gnew\8'ub-
se<<;;t)ons, w}lich malre Therapeuti<:,M!lS-
sage and Sauna a conditional- hlle' in
certain c01IllJ!,ercial zones: ~ >., "d. '
900.\2(1O)(cXxvi)~ Therapeutic ,Mas-
sage and Sauna Establishment ,; ~(".
,9OQ.12(llX<:)(jx)- TherapeuticMaSsage
~!ill S~UI).,~ ~stliblishment " ,;c;;,~"
900,12(l2)(c)(xx)- Thel'!lpeutic\:Mas-
sage and Sauna Est8hlishment . ':i'{{'
,~tion 3. Section 900.25 ofth~;-1iik
RIVer Code of Ordinancea ~ illheNby
amended IlS follows' . , ,. ,
(1) Section 900.25(2XeHhe wp;d: ~~~-
/lage" ill deleted. '
~tion 4. Section 900.25 of the Elk
RIver Code of Ordinances is hereby
amended as follows:
(1) Section 900.25(4Xa) Therapeutic
Massage and Sauna Establishments
oper~ted as home occupations shall be
:l~Ired to obtllin a conditional use per-
I rassed'~d a~opted hy the E,lk,Rive.r
r~~?uncil t'bis 20tn d~y 9r:p~ltlh~r,
ArrvrEST: lJenry A,.: p,*smap,Mayor
Sandra Thackeray, City CI~rk ';:, '
" (ApI3) , "
~d~WXY'
~~s~~.nd sworn to befor'ipe on tbis / ~"d.Y of
~ ,19~.
N~~WJ A~.
CINDY M. SCHIMINSKI
A" > :A COUNTY
y ce', . Sf ON EXPIRES 6-10-99
RATE INFO
(1) Lowest classified rate paid by
commercial users for comparable
space
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
~:',,::
$ II ,),OD
$ ,,?>C15Cj
$ 'fjC1,5(1