City Council Ordinance 632CITY 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 or which has been licensed
or registered by the Minnesota Office of Higher Education or similar agency of
another state or a regional accrediting agency approved by the US Department of
Education.
(04/25/20161, #638)
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.
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 $500,000 for professional liability in the practice
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
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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,
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
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 naive 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
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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:
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:
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.
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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.
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:
Is not eighteen (18) years of age or older at the time the application is
submitted to the Issuing Authority.
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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,
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.
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.
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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. 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
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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.
(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
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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.
(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 December 31 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
June 3 0.
(B) Licenses must be renewed annually and the annual fee will be applied. A
massage therapist license issued under this section shall expire on December
31 of the year of issuance of the license. A therapeutic massage enterprise
license issued under this section shall expire on December 31 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
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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.
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.
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.
ADOPTED BY the Monticello City Council this 8" day of February, 2016.
CITY OF MONTICELLO
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Brian Stumpf,
ATTEST:
VOTING IN FAVOR: Gabler, Hilgart, Perrault, Posusta, and Stumpf
VOTING IN OPPOSITION: None
ABSENT: None
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