5.3. SR 09-27-1993
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TO:
ITEM 5.3.
MAYOR AND CITY COUNCIL
FROM:
SUBJECT:
SANDRA THACKERAY, CITY CLERK
SEPTEMBER 24, 1993 ~
ORDINANCE AMENDMENT PERTAINING TO
THERAPEUTIC MASSAGE AND SAUNA
ESTABLISHMENTS - SECTION 704
DATE:
INTRODUCTION:
At the June 7, City Council meeting, the Council reviewed a
proposed ordinance amendment to Section 704 of the City Code
pertaining to therapeutic massage. The purpose of the proposed
ordinance is to prohibit massage businesses and services to the
public except those licensed as therapeutic massage
establishments.
Staff continues to receive about
regarding licensing requirements
Therapeutic massage is becoming very
from adult-oriented massage.
1 to 2 calls
for therapeutic
common and greatly
per month
massage.
differs
BACKGROUND:
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During Council review at the June 7, Council meeting, several
concerns were raised relating to language in the ordinance; the
distinction between adult massage and therapeutic massage; the
number of classroom and training hours required by a massage
therapist; the amount of liability insurance required; and the
licensing of an on-site massage therapist. Since the June 7
Council meeting, staff has further researched the topic by
consulting with representatives of other cities, teachers of
therapeutic massage, people in the profession, and the City
Attorney.
Modifications of the ordinance amendment from the June 7
meeting include:
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--Replaces words Masseuse and Masseur with "Massage Therapist"
--Increases the number of classroom and training hours from 100
to 500
--Allows for on-site therapeutic massage
--Decrease in license fee from $250 to $200 for a single
therapeutic massage establishment and from $350 to $300 for a
corporation or partnership massage establishment - (See
attached fee schedule).
--Addition of License fee for On-Site therapeutic massage
(See attached fee schedule)
--Reduces the amount of liability insurance from $1,000,000 to
$500,000
--Reduces hours of operation from 1:00 a.m. - 6:00 p.m. to
11:00 p.m. - 6:00 a.m.
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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Therapeutic Massage Memo
September 24, 1993
Page Two
Zoning Issues
Under the current zoning ordinance, massage is not specifically
defined. At the suggestion of the City Planner, an ordinance
amendment will be forthcoming which will recommend that
therapeutic massage and sauna establishments be allowed as a
permitted use in C-l, C-2, and C-3 zones. If there are
therapeutic massage establishments that wish to open prior to
this ordinance amendment, staff would recommend that they be
allowed to operate in either of the above-listed zones under
the currently listed "personal service establishment."
Another amendment that will be forthcoming pertains to
therapeutic massage as a home occupation. Under the City's
zoning ordinance, massage is grouped with adult businesses and
is prohibited as a home occupation. The main purpose of
amending Section 704 is to remove the adult-business
connotation from therapeutic massage. Therefore, staff will be
recommending that therapeutic massage be allowed as a home
occupation through a conditional use permit. Council can
expect to see both of these zoning amendments at the November
15 Council meeting, following Planning Commission review.
RECOMMENDATION:
Staff recommends that
Ordinance pertaining
Establishments.
the
to
City Council
Therapeutic
adopt
Massage
the proposed
and Sauna
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THERAPEUTIC MASSAGE LICENSE FEES
September 27, 1993
THERAPEUTIC MASSAGE AND/OR SAUNA ESTABLISHMENT
--Single - Investigation Fee: $50.00
License Fee: $150.00
--Corporation - Investigation Fee: $150.00
License Fee: $150.00
--Partnership - Investigation Fee: $150.00
License Fee: $150.00
--Renewal Fee for all of the above $150.00
(Investigation will not be necessary unless information
changes.)
MASSAGE THERAPIST
Investigation Fee: $50.00
License Fee: $100.00
Renewal Fee:
$100.00
ON-SITE THERAPEUTIC MASSAGE
Investigation Fee: $50.00
License Fee: $50.00
Renewal Fee: $50.00
**AII of the above will be required to provide with the City a
public liability insurance policy or certificate of insurance
from a company authorized to do business in Minnesota in the
amount of not less than $500,000.
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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 Establishments and Massage 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 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 THERAPEUTIC MASSAGE: A Therapeutic Massage performed
by a licensed Massage Therapist at any location other than a
Therapeutic Massage Establishment. On-Site Therapeutic
Massages performed in a public place shall be confined to
massage 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 cleaning, reducing,
or relaxing agent. For purposes of this ordinance, the term
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"sauna" does not apply to a sauna or steam room located within
a hotel, motel, health club, or athletic facility.
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,
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.
THERAPEUTIC MASSAGE ESTABLISHMENT: An establishment in the
business of providing Therapeutic Massage services either to
the public or as a private club.
704.04 - BUSINESS LICENSE REQUIRED FOR ESTABLISHMENT
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It shall be unlawful in the City of Elk River for any person to
directly or indirectly, upon any pretense or by any device,
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
except a Therapeutic Massage Establishment or Sauna as defined
in this Section and then only after 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 non-returnable 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, operators, and Massage Therapists of the
proposed Therapeutic Massage Establishment or Sauna;
b. A description and location 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;
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f.
Such other information as the Council may require.
2.
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.
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, operators,
or Massage Therapists 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, operator, or
Massage Therapist. The Building Official and/or the
Police Department may conduct an investigation prior to
any renewal.
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704.06 - EXCEPTIONS TO BUSINESS LICENSE REQUIREMENTS
This Section shall not apply to the following establishments or
people:
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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 state licensed 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 state licensed physical
therapist, athletic director, coach, or trainer.
5. 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.
6. A business license for a Therapeutic Massage Establishment
shall not be required for On-Site Therapeutic Massage performed
by a licensed Massage Therapist.
704.08 - RESTRICTIONS AND REGULATIONS
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A license may be revoked, suspended, or not renewed by the City
upon a showing that the licensee, its owners, managers,
employees, agents, or any Massage Therapist practicing
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Therapeutic Massage on the licensed premises have violated any
of the following restrictions and regulations:
1. Licenses may be granted only for operation upon fixed
premises which have been approved for the proposed use under
the zoning laws of the City.
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. Only Massage Therapists as defined in the Section and
licensed by the City may perform massage. Any person acting as
a Massage Therapist in a Therapeutic Massage Establishment or
sauna shall display his or her license in a prominent place in
the Therapeutic Therapeutic Massage Establishment or sauna.
6. 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.
7. 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.
8. The application must not contain any false, fraudulent, or
deceptive statements.
9. No applicant or any employee or proposed employee,
including Massage Therapists practicing Therapeutic Massage on
the licensed premises, 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.
10. The applicant has not, within one (1) year prior to the
date of application, been denied licensure or had its license
revoked.
11. No Therapeutic Massage Establishment or sauna may
discriminate between persons on the basis of race, color,
creed, sex, or national origin or ancestry.
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12. All Therapeutic Massage Establishments 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.
13. 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.
14. 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 the applicant
shall designate in writing a natural person who is 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.
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All persons who hereafter construct, extensively remodel, or
convert buildings or facilities for use as Therapeutic Massage
Establishments or saunas, which are open to the public, shall
comply with the requirements of the State Building Code and all
amended codes. To 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.
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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
Therapeutic Massage Establishment. The policy of insurance
shall be in limits of not less than $500,000. 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.
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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 11:00 p.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 MASSAGE THERAPIST LICENSE
It shall be unlawful for any person to practice any form of
massage other than a Therapeutic Massage or On-Site Therapeutic
Massage as defined in this Section and then only after first
obtaining a duly issued license therefor from the City.
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Licensinq Requirements.
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a. License Application. All applications for a license
to practice Therapeutic 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. The
application shall contain such other information as the
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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 non-returnable 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 Therapist license
shall furnish with the application proof of the
following:
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(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
agency having jurisdiction over the school.
ii. Each applicant shall also furnish proof at the
time of application of a minimum of 500 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
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iii. Massage Therapists that practice only On-Site
Therapeutic Massage in public places, limited to
massage of the face, neck, and shoulders area of
persons fully clothed and not lasting more than 15
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minutes, shall only be required to furnish proof of a
minimum of 48 hours of education and supervised
training in massage therapy and technique from a
reputable institution.
704.22 - EXCEPTIONS TO MASSAGE THERAPIST LICENSE REQUIREMENTS
This Section shall not apply to the following people:
1. A state licensed physician, chiropractor, osteopath,
podiatrist, nurse, physical therapist, or assistant working
under the direction of any of the above-described professionals.
2. A state licensed physical therapist, athletic director, or
trainer, or an assistant working under the direction of any of
the above-described professionals.
3. A state licensed beautician or barber, provided treatment
is limited to the scalp, face, and neck.
704.24 - MASSAGE THERAPIST LICENSE RESTRICTIONS AND
REGULATIONS
All Massage Therapist licensees 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 the use of and not be under the influence of
alcoholic beverages or any controlled substance as defined in
Minnesota Statutes while practicing Therapeutic Massage.
6. Be in full compliance with the restrictions and
regulations set forth in subsection 704.08 of this Section.
7. Require that a person who is receiving a massage shall
have his/her genital areas covered with an appropriate opaque
covering.
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
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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 and shall be 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
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