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6.8. SR 06-07-1993 rei -\) ( ); ITEM 6.8. 'tyof EI TO: MAYOR AND CITY COUNCIL FROM: SANDRA THACKERAY, CITY CLERK e I DATE: MAY 14, 1993 SUBJECT: ORDINANCE AMENDMENT PERTAINING TO SAUNA AND MESSAGE ESTABLISHMENTS - SECTION 704 - OF THE CITY CODE The City of Elk River is proposing to amend section 704 of the City Code pertaining to Saunas and Massage establishments. Within the past several months, the City has received requests from people to operate therapeutic massage establishments. Therapeutic massage is a common practice and differs from the previous massage establishments which were commonly called "massage parlors." The purpose of the newly adopted ordinance is to prohibit massage businesses and services to the public except those licensed as therapeutic massage enterprises and therapists. The proposed ordinance does not require that a massage license be acquired for those people licensed in the medical field; such as chiropractors, physicians, physical therapist, etc. The proposed ordinance has been reviewed by the Police Chief, City Attorney, Zoning Assistant and Building Official. According to the proposed ordinance, the following licenses and fees are recommended: Massaqe and Sauna Establishment License Requirements ---Single Application Fee - $250 ---Corporate Association Fee - $350 ---Partnership - $350 ---a certificate of insurance in limits not less than $1,000,000. (Renewal Fee for this license is $100) Masseur or Masseuse License Requirements ---Initial Investigation Fee: $50 ---Annual License Fee: $100 (Initial Investigation Fee is only required one time, unless otherwise determined by the City Clerk) ---Diploma or certificate of graduation from a school approved by the American Massage Therapist Association ---Proof of 100 hours of successfully completed course work in the field of massage ---Medical certificate from a physical stating applicant has no communicable diseases. RECOMMENDATION: Staff recommends that the City Council adopt the proposed Ordinance pertaining to Sauna and Massage Establishments. P.o. Box 490 · 13065 Orono Parkway ti Elk River, MN 55330 e (612) 441-7420 $ Fax: (612) 441-7425 ORDINANCE 93 - CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER, MINNESOTA, AMENDING SECTION 704 OF THE CITY CODE, OTHER BUSINESS REGULATIONS AND LICENSING, BY REPEALING SECTION 704, SAUNAS AND MASSAGE ESTABLISHMENTS, AND ENACTING A NEW SECTION 704 IN LIEU THEREOF RELATING TO THE SAME SUBJECT ENTITLED MASSAGE AND SAUNA ESTABLISHMENTS. The city Council of the City of Elk River does hereby ordain as follows: Section 1. That Section 704 of the City of Elk River Code of Ordinances, Saunas and Massage Establishments is hereby repealed and one new section adopted in lieu thereof, which shall read as follows: SECTION 704 - MASSAGE AND SAUNA ESTABLISHMENTS 704.00 - STATEMENT OF PURPOSE The purpose of this Section is to prohibit massage businesses and services to the public except those licensed as therapeutic massage enterprises and therapists pursuant to this Section. The licensing regulations prescribed herein are necessary in order to prevent criminal activity and to protect the health and welfare of the community. The purpose of this Section is not intended to impose restrictions or limitations on the freedom of protected speech or expression. 704.02 - DEFINITIONS As used in this Section, the following words and terms shall have the meanings stated. 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, osteopath, 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. MASSAGE ESTABLISHMENT: An establishment in the business of providing massage services either to the public or as a private club. MASSAGE THERAPIST: A person who practices or performs massage therapy on a person for compensation. 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 cleaning, 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. 704.04 - BUSINESS LICENSE REQUIRED FOR ESTABLISHMENT It shall be unlawful in the City of Elk River for any person to directly or indirectly upon any pretense or by any devices engage in the business of keeping, conducting, or operating any massage establishment, sauna, steam bath, or heat-bathing room, which is open to the public or for which any charge or fee is made or any money or thing of value is solicited or received without first obtaining a duly issued license therefor from the City. A person who operates an enterprise described in this Section without a valid license issued by the city shall be guilty of a misdemeanor offense. 1. Initial License Application. All initial applications shall be accompanied by a nonreturnable investigation fee in the amount set forth in the Fee Schedule on file with the city Clerk. Each application shall contain: a. The names, addresses, and dates of birth of the owners, lessees, and operators of the proposed massage center or sauna; b. A description and locations of the premises; c. Information as to conviction of any crime or offense committed by anyone listed on the application; d. All applications by corporations shall include the names, addresses, and dates of birth of all persons having a beneficial interest therein; e. A description of services to be provided; f. Such other information as the Council may require. Prior to consideration of the application by the Council, an investigation shall be made by the Building Official to determine compliance with this Section, of all premises proposed to be licensed and by the Police Department of all persons listed on the license application. 2. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as set forth in the Fee Schedule. For a renewal, the applicant must provide full information as required for initial licenses for any new owners, lessees, or operators proposed to be involved in the massage center or sauna, and also provide any changes in the name, address, criminal record, or other relevant information of any other owner, lessee, or operator. The Building Official and/or the Police Department may conduct an investigation prior to any renewal. 704.06 - EXCEPTIONS TO BUSINESS LICENSE REQUIREMENTS This Section shall not apply to the following establishments or people: 1. A health care facility licensed by the State of Minnesota. 2. A health care facility owned in whole or in part by the State of Minnesota or any of its agencies. 3. A medical clinic or hospital, so long as the massage is performed by a physician, chiropractor, osteopath, podiatrist, nurse, physical therapist, or an assistant working under the direction of any of the above-described professionals. 4. A physical therapy clinic or athletic facility, so long as the massage is performed by a physical therapist, athletic director, or trainer. 5. A beauty parlor or barbershop, so long as the massage is performed by a beautician or barber, and treatment is limited to the scalp, face, and neck. 704.08 - RESTRICTIONS AND REGULATIONS A license may be revoked, suspended, or not renewed by the City upon a showing that the licensees, its owners, managers, employees, or agents have violated any of the following restrictions and regulations: 1. Licenses may be granted only for operation upon fixed premises which must be located in the districts of the City as established by the zoning laws of the City. The total number of licenses issued shall be limited to six. 2. The applicant is not delinquent in the payment to the City or other jurisdiction of taxes, fees, fines, or charges duly assessed thereto. 3. Licenses shall be granted only upon a showing of compliance with all laws of sanitation. 4. No beer, liquor, narcotic drug, or controlled substances, as such terms are defined by State Statutes or by the City Code, shall be permitted on licensed premises. 5. No licensee, owner, manager, employee, or agent may engage in habitual drunkenness or intemperate use of a controlled substance as defined in Minnesota statutes. 6. Only masseurs and masseuses licensed by the City may perform massage, except as provided in Subd. 5 above. Any person acting as a masseur or masseuse in a massage center or sauna shall display his or her license in a prominent place in the massage center or sauna. 7. A license shall not be granted or renewed if granting the license (1) would be inconsistent with the comprehensive development plans of the city, or (2) would otherwise have a detrimental effect upon the property or properties in the vicinity. 8. Violation of any law or regulation relating to health, building, building maintenance, safety, or other provision of the City Code or State law shall be grounds for denial or revocation of a license. 9. The application must not contain any false fraudulent or deceptive statements. 10. No applicant or any employee or proposed employee shall have been convicted or pled guilty within the previous three (3) years of a violation of this Section, or of any law prohibiting prostitution, pandering, keeping a disorderly house, criminal sexual conduct, any sex crime under Minn. Stat. Chapter 609, or a crime involving moral turpitude. 11. The applicant has not, within one (1) year prior to the date of application, been denied licensure or had its license revoked. 12. No massage center or sauna may discriminate between persons on the basis of race, color, creed, sex, or national origin or ancestry. 13. All massage centers and sauna licensees shall comply with any and all amendments to this Section. Failure to do so shall be grounds for revocation of a license. 14. The licensee shall furnish the Police Department with a list of current employees indicating their names, addresses, dates of birth, and which employees are practicing massage as a part of their duties. The licensee shall promptly notify the Police Department of any change in the list. 15. The licensee shall permit and allow the inspection of the premises during business hours by the Building Official, police officers, and health officers, without a warrant for searches and seizures. 16. Upon request by any police officer, any person employed in any licensed premises shall provide identification including his or her true legal name, correct address, and date of birth. 704.10 - RESIDENT MANAGER OR AGENT Before a license is issued under this Section to an individual who is a nonresident of the City, to more than one individual, or to a corporation, partnership, or association, the applicant shall designate in writing a natural person who is a resident of the City to be manager and in responsible charge of the business and upon whom service of process may be made. Such a person shall remain responsible for the conduct of the business until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the Police Department in writing of any change indicating the name, address, and date of birth of the new manager and the effective date of such change. 704.12 - SUBMISSION OF PLANS AND SPECIFICATIONS All persons who hereafter construct, extensively remodel, or convert buildings or facilities for use as massage centers or saunas, which are open to the public, shall comply with the requirements of the Uniform Building Code and the Uniform Fire Code. The the extent the Building Code or Fire Code do not impose stricter requirements, the provisions of this Section shall govern. 704.14 - CONSTRUCTION AND MAINTENANCE REQUIREMENTS 1. Floors, walls, and equipment in sauna rooms, massage rooms, restrooms, bathrooms, janitor's closet, hallways, and reception area used in connection therewith must be kept in a state of good repair and clean at all times. Linens and other materials shall be stored at least 12 inches off the floor. Clean towels and wash cloths must be made available for each customer. 2. If massage is performed in individual rooms, the doors to the individual massage rooms shall not be equipped with any locking device and shall not be blocked or obstructed from either side. 704.16 - INSURANCE REQUIRED Each applicant for a license under this Section shall file with the City a public liability insurance policy or certificate of insurance from a company authorized to do business in Minnesota, insuring the applicant against any and all loss arising out of the use, operation, or maintenance of the massage center. The policy of insurance shall be in limits of not less than $1,000,000. Failure to keep in full force and effect the insurance required herein is grounds for revocation. 704.18 - UNLAWFUL ACTS It is unlawful for any person to commit, attempt to commit, conspire to commit, or aid or abet in the commission of, any act constituting a violation of this Section, whether individually or in connection with one or more persons or as a principal, agent or accessory. 1. It is unlawful for any licensee to fail to, at all times, observe all restrictions, regulations and maintenance requirements contained in this Section. 2. It is unlawful 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 Section. 3. It is unlawful for any licensee to allow the licensed premises to be open for business or allow patrons to be on the premises between the hours of 1:00 a.m. and 6:00 a.m. of the same day. 4. It is unlawful for any licensee, agent, or employee of a licensee to hinder or prevent a police, building, or health officer from making any inspection at any time. 704.20 - INDIVIDUAL MASSEUR AND MASSEUSE LICENSE 1. Definitions. As used in this Section, the following words and terms shall have the meanings stated. MASSAGE - has the definition provided in Section 704, Subdivision 2. MASSEUR - A male person, who for compensation, practices massage. MASSEUSE - A female person who, for compensation, practices massage. 2. License Required. It is unlawful for any person to practice massage without a license therefore from the City. 3. Licensing Requirements. a. License Application. All applications for a license to practice massage shall be accompanied by a medical certificate from a physician duly licensed to practice medicine in the State of Minnesota stating that the applicant has no communicable disease. Application shall contain such other information as the Council may, from time to time, require. All applicants shall be at least eighteen (18) years of age. b. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by a medical certificate from a physician duly licensed to practice medicine in the State of Minnesota stating that the applicant has no communicable disease. The renewal application also shall be accompanied by an annual fee as set forth in the Fee Schedule. c. Initial Applications. All initial applications shall be accompanied by a nonreturnable investigation fee in the amount set forth in the Fee Schedule on file with the city Clerk. d. Educational Requirements. i. Each applicant for a massage license shall furnish with the application proof of the following: (a) A diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or (b) A diploma or certificate of graduation from a school which is either accredited by a recognized educational accrediting association or agency, or is recognized by the Minnesota Higher Education Coordinating Board or other state agencies having jurisdiction over the school. 11. Each applicant shall also furnish proof at the time of application of a minimum of 100 hours of successfully completed course work in the following areas: (a) The theory and practice of massage, including, but not limited to, Swedish, Esalen, Shiatsu, and/or Foot Reflexology techniques; and (b) Anatomy, including, but not limited to, skeletal and muscular structure and organ placement, and physiology; and (c) Hygiene 704.22 - EXCEPTIONS TO MASSEUR AND MASSEUSE LICENSE REQUIREMENTS This Section shall not apply to the following people: 1. A licensed physician, chiropractor, osteopath, podiatrist, nurse, physical therapist, or assistant working under the direction of any of the above-described professionals. 2. A physical therapist, athletic director, or trainer, or an assistant working under the direction of any of the above-described professionals. 3. A licensed beautician or barber, provided treatment is limited to the scalp, face, and neck. 704.24 - MASSEUR AND MASSEUSE LICENSE RESTRICTIONS AND REGULATIONS All licenses shall: 1. Display current licenses in a prominent place at their place of employment. 2. Upon demand of any police officer at the place of employment, produce correct identification. 3. Practice massage only at such location as is designated in the license. 4. Inform the city Clerk in writing of any change in location prior to such change. 5. Refrain from habitual drunkenness or intemperate use of a controlled substance as defined in Minnesota Statutes. 6. Refrain from engaging in conduct involving moral turpitude. 7. Refrain from any conduct which results in a conviction or plea of guilty to prostitution, criminal sexual conduct, or other sex crime under Minn. Stat. Chapter 609. 8. Require that person who is receiving the massage shall have his/her, anus and genitals covered with an appropriate nontransparent material. SECTION 704.26 - VIOLATIONS AND PENALTIES Every person who commits or attempts to commit, conspires to commit, or aids or abets in the commission of any act constituting a violation of this Ordinance, whether individually or in connection with one or more persons or as principal, or agent, or accessory, shall be guilty of a misdemeanor, and every person who falsely, fraudulently, forcibly, or willfully, induces, causes, coerces, requires, permits, or directs another to violate any of the provisions of this Ordinance is likewise guilty of a misdemeanor. Each violation of this Ordinance shall constitute a separate offense. Conviction of a violation of this Ordinance shall be grounds for suspension or revocation of any license issued hereunder. Section 2. General Provisions. city Code Chapter VII, Section 700, General Provisions and Definitions Applicable to the city Code are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3. Summary Approved. The City Council hereby determines that the text of the summary of this ordinance, marked "Official Summary of Ordinance No. 93" 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 4. Posting and Filing. A copy of this ordinance is filed in the office of the City Clerk posting and filing, at which location a copy is available for inspection by any person during regular office hours. Section 5. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. Section 6. Effective Date. This ordinance becomes effective upon its passage and the publication of its title and summary. Passed by the City Council of the City of Elk River, Minnesota, this ___ day of , 1993. Henry A. Duitsman, Mayor ATTEST: Sandra Thackeray, City Clerk