Loading...
HomeMy WebLinkAboutOrd. 110 - Therapeutic Massage Business/Services CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 110 AN ORDINANCE REGULATING MASSAGE BUSINESSES AND SERVICES WITHIN THE CITY OF ANDOVER. The City Council of Andover does hereby ordain: SECTION 1. PURPOSE. The purpose of this ordinance is to prohibit massage businesses and services to the public except those licensed as Therapeutic Massage Establishments and Therapeutic Massage Therapists pursuant to this ordinance. The licensing regulations prescribed herein are necessary in order to prevent criminal activity and to protect the health, safety and the general welfare of the people of the city. The purpose of the ordinance is not intended to impose restrictions or limitations on the freedom of protected speech or expression. SECTION 2. FINDINGS. It is hereby found that within the City of Andover there is a need to license therapeutic massage enterprises and therapists and to prohibit all other types of massage businesses and services to the public: (a) Persons who have a bona fide and standardized training in therapeutic massage, health and hygiene can provide a legitimate and necessary service to the general public. (b) Health and sanitation regulations governing therapeutic massage establishments and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. (c) License qualifications for and restrictions on therapeutic massage establishments and therapists can minimize the risk that such businesses and persons will facilitate prostitution and other criminal activity in the community. (d) Massage services provided by persons with no specialized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. (e) Massage businesses which employ persons with no specialized and standardized training can tax city law-enforcement services, because such businesses are more likely to be operated as fronts for prostitution and other criminal activity than operations established by persons with standardized training. SECTION 3. DEFINITIONS. The following words and terms when used in this Ordinance shall have the following meanings unless the context clearly indicates otherwise: Clean - The absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter. Good Re{>air - Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good sound condition. Massal!e Thera{>ist - A person who practices or performs therapeutic massage on a person for compensation and meets the licensing requirements set forth in this ordinance. Off-site Massal!e Services - means massage services conducted away from a licensed massage establishment. Such off-site massage service locations shall include, but not limited to, businesses and private homes. Person - Any individual, firm, association, partnership, corporation, joint venture, or combination of individuals. Therapeutic Massal!e - The practice of applying pressure on, or friction against, or the rubbing, stroking, kneading, tapping, or rolling of the external parts of the human body with the hands or with the aid of a mechanical or electrical apparatus appliance, or device with or without such supplementary aids as rubbing (isopropyl) alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparation, for the exclusive purpose of tension, stress, and pain relief, relaxation, increased range of motion, muscle tone improvement, physical fitness, or beautification and for no other purpose, by a person not licensed as a medical doctor, chiropractor, osteopath, podiatrist, nurse, 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. Theraoeutic Massal!e Establishment - An establishment in the business of providing therapeutic massage services to the public. SECTION 4. LICENSING REQUIREMENTS. a. Theraoeutic Massa~e Establishment License. It shall be unlawful for any person to directly or indirectly, upon any pretense of by any device, engage in the business of keeping, conducting, or operating any massage establishment within the City of Andover, 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 as defined in Section 3, and then only after first obtaining a duly issued 2 license therefore from the City. A person who operates an establishment described in this Ordinance without a valid license issued the city shall be guilty of a misdemeanor offense. b. Thera{>eutic Massal!e Therapist License. It shall be unlawful for any individual to practice, administer, or provide massage services to the public for consideration within the City of Andover without first having obtained a Therapeutic Massage Therapist License. A person who practices, administers, or provides massage services as described in this ordinance without a valid license issued by the city shall be guilty of a misdemeanor offense. SECTION 5. EXCEPTIONS TO LICENSE REQUIREMENT. A therapeutic massage establishment or therapist license is not required for the following persons and places: 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 of trainer. 5. A beauty parlor of 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. SECTION 6. LICENSE APPLICATION. a. Therapeutic Massa~e Establishment License Apolication. An application for a therapeutic massage establishment license shall be made on a form supplied by the city. 1. Initial License Application. all initial applications shall be accompanied by a non- returnable investigation fee in the amount set forth by council resolution. Each application shall contain: a. The names, addresses, and dates of birth of the owners, lessees, operators, massage therapists of the proposed therapeutic massage establishment. b. A legal description and location of the premises. 3 c. Information as to the 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 City Council may require. Prior to consideration of the application by the City Council, an investigation shall be made by the Code Enforcement Officer and the Building Official to determine compliance with this ordinance of all premises proposed to be licensed, and by the Anoka County Sheriff's 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 by council resolution. For a renewal, the applicant must provide full information as required for the initial licenses for any new owners, lessees, operators, or massage therapists proposed to be involved in the massage business, 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 Code Enforcement Officer, Building Official, and/or Anoka County Sheriff's Department may conduct an investigation prior to any renewal. 3. Insurance. Each applicant for a license shall file with the city a Public Liability Insurance Policy or Certificate of Insurance from a company authorized to do business in the State of 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. b. Therapeutic Massal!e Therapist License Application. An application for a Therapeutic Massage Therapist License shall be made on a form supplied by the city. All applicants shall be at least eighteen (18) years of age. 1. Initial License Application. All initial applications shall be accompanied by a non-returnable investigation fee in the amount set forth by council resolution. Each application shall contain: a. The name, age and address of the applicant. b. The length of experience in this occupation and the past places of employment and position held. 4 c. A description of any crime or other offense, including the time, place, date, and disposition for which the applicant has been arrested and convicted. d. A statement as to whether the individual has had any license denied, revoked, or suspended in the City of Andover or the State of Minnesota, the reason therefore, and the business activity or occupation of the individual subsequent to such suspension, revocation, or denial. A background check from the Bureau of Criminal Apprehension shall be required prior to issuance of a license. The license application shall thereafter be reviewed by the City Clerk, Anoka County Sheriff's Department, and such other departments as shall be deemed necessary. Such departments will thereafter submit their reports and recommendations to the City Clerk, who will submit all of the reports and recommendations to the City Council. The council shall either grant or deny the license. 2. Educational Requirements. Each applicant for a Therapeutic Massage Therapist License shall furnish with the application proof of the following: a. Verification that the applicant has passed the National Certification Examination in Therapeutic Massage and Bodywork within four years prior to the date of the application. 3. 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 by council resolution. The Code Enforcement Officer, Building Official, and/or Anoka County Sheriff's Department may conduct an investigation prior to any renewal. SECTION 7. ADVERSE ACTION: GROUNDS FOR DENIAL. REVOCATION. OR SUSPENSION. 1. It shall be grounds for denial of the application or for revocation or suspension of the license if the applicant or licensee is not complying with or has a history of violations of the laws and ordinances that apply to the public health, safety, and morals. 2. It shall be grounds for the denial, revocation, or suspension of the license if convicted of any violation reasonably related to the licensed activity and/or occurring on the licensed premise, of any City Ordinance or Federal or State Statute. 3. It shall be grounds for the denial, revocation, or suspension of the license if there is fraud or deception involved in the license application. 4. It shall be grounds for the denial, revocation, or suspension of the license if the licensee is found to be in control or possession of any alcoholic beverages or narcotic drugs or controlled substances on the premises for which they are licensed to operate, possession of which is illegal as defined in Minnesota Statutes or Andover City Ordinances. 5 5. It shall be grounds for the denial, revocation, or suspension of the license if the licensee has evidenced in the past willful disregard for health codes and regulations. 6. It shall be grounds for the denial, revocation, or suspension of the license if the applicant fails to provide all the information and certificates required by this ordinance. 7. It shall be grounds for the denial, revocation, or suspension of the license if the licensee shall refuse to permit any authorized police officers or authorized members of the city to inspect the premises or operation. 8. It shall be grounds for the denial, revocation, or suspension of the license if the licensee is found to be violating provisions of this ordinance. SECTION 8. SANITATION: APPOINTMENT CALENDAR: RULES AND REGULATIONS. 1. Sanitation. All licensed massage therapists conducting off-site massage services as permitted by the Zoning Ordinance shall establish and maintain a supply storage facility containing any and all materials used in conducting off-site massage services. The Code Enforcement Officer, Building Official, and/or other city representatives shall have the right to enter and inspect the storage facility at all reasonable times. Rules as to required sanitation and storage shall be adopted in accordance with this section. 2. Appointment Calendar. All Licensed Massage Therapists shall keep a record of all off- site massage services performed. The record shall be legible, written in ink and in the English language. It shall include the name of the massage therapist, the name of the person(s) receiving massage services, the address where the massage service was performed, and the date and time of such service. The record shall be maintained for a period of two (2) years from the date the massage service was performed. Such record shall be open for inspection to the City Administrator or hisfher authorized representative at all reasonable times. 3. Rules. Regulations and Restrictions. All massage therapist licensees shall: I. Display current licenses in a prominent place at the place of employment. 2. Not allow the licensed premises to be open for business or allow patrons to be on the premises between the hours of 10:00 p.m. and 7:00 a.m. c. Require that a person who is receiving a massage shall have their genital areas covered with an appropriate opaque covering. In addition the above rules, regulations, and restrictions, the City Council may, upon notice and hearing, promulgate such rules as he or she deems necessary to carry out the 6 provisions and purposes of this ordinance to protect the public health, to provide for safe and sanitary operation of Licensed Therapeutic Massage establishments, to provide for the safety of therapeutic massage establishments, to provide for the safety of therapeutic massage and related massage equipment, and for the proper training of persons employed in the operation of such massage establishments. Notice of the promulgation of such rules, and the hearing date shall be given to all licensees, and notice of the hearing date published once in the legal newspaper. The notice shall advise that at the hearing written or oral comments on proposed rules will be received, and how a copy of the proposed rules can be obtained. Such rules shall be effective after such hearing when filed in the office of the City Clerk. Violation of such rules shall be sufficient grounds for adverse action against licenses issued under this ordinance. SECTION 9. MANAGER OR AGENT. Before a license is issued under this ordinance, the applicant shall designate in writing a natural person who is to be manager and in responsible charge of the business, and upon whom services of process may be made. Such 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 city and Anoka County Sheriff's 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. tmCTlON 10. SUBMISSION OF PLANS AND SPECIFICATIONS. All persons who hereafter construct, extensively remodel, of convert buildings or facilities for use as therapeutic massage establishments 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 more restrictive requirements, the provisions of this ordinance shall govern. SECTION 11. CONSTRUCTION AND MAINTENANCE REOUlREMENTS. 1. Floors, walls, and equipment in massage rooms, restrooms, bathrooms, janitor's closet, hallways, and reception area used in conjunction 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 available for each customer. 2. If massage is performed in individual rooms, the doors to the individual massage rooms shall not be equipped with locking devices and shall not be blocked or obstructed from either side. SECTION 12. 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, 7 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 14. VALIDITY AND EFFECTIVE DATE. This ordinance shall be effective from and after its passage and publication according to law. Adopted this 1st day of August, 1995, by the City Council of the City of Andover. CITY OF ANDOVER ~,~, }J}uJ(6 .E. McKelvey, Mayor ATTEST: i~ dIb. Victoria V olk City Clerk 8 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 110A AN ORDINANCE AMENDING ORDINANCE NO. 110, AN ORDINANCE REGULATING MASSAGE BUSINESSES AND SERVICES WITHIN THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 110 is hereby amended as follows: Section 5. Exceptions To License Requirements. 5. A beauty parlor or barbershop located in a commercial or industrial district, so long as the massage is performed by a state licensed beautician or barber, and treatment is limited to the following: 1. Scalp, face, neck and shoulders associated with a scalp massage. 2. Hands to elbows associated with a manicure. 3. Feet to knees associated with a pedicure. Section 6.b.2. Educational Requirements. Each applicant for a therapeutic massage therapist license shall furnish with the application proof of. the f{)llowiRg: Graduating from a school of therapeutic massage with a core curriculum of at least 500 hours of in-class. teacher supervised instruction of which no more than 200 hours shall be clinical training. a. VerifieatiEls that t.J.:J.e applieaet has passea the Natiosal CertifieatiElR Examisaticm is Thefapel:ttie Massage ana BElG)'y:ork '.vithiR [em years prier te the Elate Elf apfllieatiEls. Page Two Ordinance No. 110 Amendment January 6, 1998 Adopted by the City Council of the City of Andover this 6th day of January, 1998. CITY OF ANDOVER ATTEST: k/~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 110B AN ORDINANCE REGULATING MASSAGE BUSINESSES AND SERVICES WITIllN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains as follows: Section 3. DEFINITIONS. Off -Site Therapeutic Massal!e Services ft'l:elIftS massage services conducted away from a licensed massage establishment. Such off-site massage service locations shall include, but not be limited to, businesses and private homes. On-Site Therapeutic Massal!e Services massage services conducted at a licensed massage establishment. Such on-site massage service locations shall include. but not be limited to businesses and orivate homes. Theraoeutic Massal!e Establishment An establishment in the business providing therapeutic massage services (on-site and off-site) to the public. All other sections or this ordinance shall remain as written and adopted by the City Council. Adopted by the City Council of the City of Andover on this 1st day of June, 1999. ATTEST: CITY OF ANDOVER ~dLL Victoria V olk, City Clerk . {J1!e- 1