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Home My WebLink About303: Massage Therapy Business Regulations SECTION 303 MASSAGE THERAPY S : UBSECTIONS 303.100: P URPOSE 303.200: D EFINITIONS 303.300: L R ICENSE EQUIRED 303.400: A L PPLICATION FOR ICENSE 303.500: L F ICENSE EE 303.600: P E L ERSONS LIGIBLE FOR ICENSE 303.700: G L RANTING OF ICENSE 303.800 B C ACKGROUND HECKS 303. 9 00: D L URATION OF ICENSE 303. 10 00: C L ONDITIONS OF ICENSE 303.1 1 00: H D C EALTH AND ISEASE ONTROL 303.1 2 00: M T D ASSAGE HERAPY ISTINGUISHED 303.1 3 00: L : R R ICENSE EQUIREMENTS AND ESTRICTIONS 303.1 4 00: S R L USPENSION OR EVOCATION OF ICENSE 303.1 5 00: A T C C PPEAL O ITY OUNCIL 303.1 6 00: P ENALTY 303.100 P : : It is the purpose of this Section to protect the public health, safety and URPOSE welfare and to guard against the inception and transmission of disease, by regulating the profession of therapeutic massage. The City Council finds that experience from other cities demonstrates that commercial enterprises such as therapeutic massage, conducted in private by a member of the same or the opposite sex, who have not had any specialized training, are susceptible to o peration in a manner contravening, subverting, or endangering the morals of the community, thus requiring licensing and regulation. The City Council also finds that a massage therapist requires certain levels of specialized training in order to safely and properly provide therapeutic massage services. The provisions of this Section have neither the purpose nor effect of imposing a restriction or limitation on freedom of expression or communication. 303.200 D : : The following words and terms whe n used in this Section shall have the EFINITIONS following meanings unless the context clearly indicates otherwise: Operate : To own, manage or conduct. Massage Therapy : The method of treating the superficial parts of the human body by rubbing, pressing, strok ing, kneading, tapping, pounding, vibrating or stimulating with the hands or any instrument. Sanitary : Free from pathogenic - micro organisms. Adequate or Approved : Acceptable to the City Building Official or his agents following his determinations as to conformance with public health practices and standards. Massage Therapist : An individual who practices massage. Practice Of Massage Therapy : The term "massage therapy" shall not include and is Business Regulations distinct from the practice of medicine, surgery, oste opathy, chiropractic, physical therapy or podiatry. Persons duly licensed or registered to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, nurses who work under the direction of such persons, and athletic directors and t rainers are hereby expressly excluded from the licensure requirements of this Section. 303.300 L R : : It shall be unlawful for any person to perform or provide ICENSES EQUIRED massage therapy services within the City unless under this Section. Only massag e therapy shall be performed by individuals within the City. Any other type of massage service, other than massage therapy, is prohibited as a business or business activity. 303.400 A F L : : Any individual who offers, provides or engage s in the PPLICATION OR ICENSES practice of massage therapy shall apply to the City Manager for a license. The license application shall be on a form prescribed by the City Manager and at a minimum shall include: (1) The name, age and address of the applicant; (2) The length of experience in this occupation and the past places of employment and position held, accompanied by the names, addresses and telephone numbers of the employer; (3) A description of any crime including the time, place, date and disposition of for which the applicant has been arrested or convicted; (4) Photographs of the applicant taken by the City Police Department showing both the front and side view; and (5) The name of all other jurisdictions where the applicant had been licensed and the dates th e applicant was licensed. 303.401 Each applicant for a massage therapy license shall furnish with the application a diploma or certificate of graduation from a school which: (1) Is either accredited by a recognized educational accrediting association o r agency, or is licensed by the State or local governmental agency having jurisdiction over the school; and (2) Offers course work or degree programs in physical therapy, anatomy, physiology, physical culture, massage, hydrotherapy and hygiene; and ( 3) Has for its purpose, either wholly or in part, the teaching of the theory, method, work or profession of massage; and (4) As a prerequisite of graduation, requires a resident course of study of not less than seventy (70) hours of instruction in the a bove subject in teaching. 303.402 In the event that such applicant is not a graduate of such a school, or such course work is City of Prior Lake 303/p 2 Business Regulations not a prerequisite of graduation, the applicant may present a transcript certified by the school showing the completion, with pa ssing grades, of seventy (70) hours of instruction in the above subjects. New applicants for such licenses shall be required to comply with these requirements. Persons already licensed and who have been regularly employed or practicing massage therapy for a period of five (5) years out of a six (6) year period preceding the effective date hereof, are exempt from the provisions of subsection 304.401. Licensure by another jurisdiction shall satisfy the five (5) year exemption requirement, as long as the Cit y Manager determines the licensure requirements of the other jurisdiction(s) meet or exceed those of the City of Prior Lake. All other applicants must meet the educational requirements set forth in subsection 304.401. Changes in License Applicati on Information 303.403 . It shall be the continuing duty of each licensee to property notify the City Manager of any change in the information or facts required to be furnished on the application of a license. This duty shall continue throughout the period in such license and failure to comply with this Section shall constitute cause for revocation or suspension of such license. False, Misleading or Mission Information 303.404 . Any falsification of, or missing information on the license application shall result in the denial of said license. If any falsification is discovered after the license is issued, the license shall be null and void. 303.500 L F : : Each application for a license shall be accompanied by payment in full of ICENSE EE the required license fee. Th e annual license fee shall be determined by the City Council. If a license application is denied, the City shall refund the payment except for Fifty Dollars ($50.00) to cover administrative and processing costs. No other refunds shall be made. At the ti me of each original application for a business license, there shall be paid in full an investigation fee as determined by the City Council. No investigation fee shall be refunded. 303.600 P I F L : : No massage therapy license shal l be issued to ERSONS NELIGIBLE OR ICENSE an applicant who: (1) Is under eighteen (18) years of age; or (2) Has been convicted of prostitution or any other crime or violation involving moral turpitude; or (3) Provides false or misleading information on their license applicatio n. 303.700 G O L : : All licenses shall be issued by the City Manager. All RANTING F ICENSES applications for a license shall be referred to the Chief of Police and/or to such other City Departments as the City Manager may deem necessary to verify and invest igate the facts set forth in the application. The Chief of Police and other consultants, as applicable, will provide a written recommendation to the City Manager concerning issuance or nonissuance of a license. The City Manager may order and conduct such a dditional City of Prior Lake 303/p 3 Business Regulations investigations as deemed necessary in order to make a determination whether to approve or deny the issuance of the license. Denial or Rescission of Licenses 303.701 : A license for a massage therapy license may be denied or rescinded upon any o ne of the following grounds: (1) Fraud or deception in the license application; (2) Applicant/licensee has a history of violations of laws and ordinances that apply to health, safety or moral turpitude; (3) Applicant/licensee is of bad repute; and (4) Applicant/licensee has been convicted of crimes or offenses involving sexual misconduct. Renewal Applications 303.702 : Not less than thirty (30) days prior to the expiration of the license, the licensee shall submit a renewal application to the Cit y Manager. A renewal application shall be made in the same manner as provided for the original application. License Not Transferable 303.703 : Licenses to perform massage therapy are not transferable. 303 .800 B C : In order to protect the health, safety and welfare of the ACKGROUND HECK public, the Prior Lake Police Department is authorized to conduct a criminal history background investigation and/or driver’s license check on all persons who have applied for, or who will sell, hawk, vend, peddle or soli cit under a license issued herein. The results of the criminal history background investigation and/or driver’s license check may be cause for denial of the license at the sole discretion of the City. (Ord. Amd. 111 - 01, publ. 1/ 1 /11) 303. 9 00 D O L : : All licenses issued pursuant to this Section are issued for one URATION F ICENSE (1) year beginning on January 1, and expiring on December 31. License fees shall not be pro - rated. When the licensee makes application for renewal of a current license and pays the required fee to the City before the termination date, the licensee is authorized to operate until such time as the City Manager acts upon his renewal application or, if appealed, until the City Council makes a determination whether to approve or deny the license and the license is either renewed or denied. 303. 10 00 C O L : : No individual shall solicit business or offer or agree to ONDITIONS F ICENSE perform massage therapy services within the City while a license is under suspension or revocation by the City. 303.1 1 00 H A D C : : No individual may provide massage therapy EALTH ND ISEASE ONTROL services while afflicted with any disease in a communicable form or while a carrier of such City of Prior Lake 303/p 4 Business Regulations disease or while afflicted with boils, infected wounds, sores, or any acute respiratory infection. 303.1 2 00 M T D : : The practice of massage therapy is hereby ASSAGE HERAPY ISTINGUISHED declared to be distinct from the practice of medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry. Persons duly licensed in t his State to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, or those who work solely under the direction of any such persons and athletic directors or trainers under contract to a school district, private college, or p ublic university, are hereby expressly excluded from the provisions of this Section. 303.1 3 00 L : R A R : : ICENSE EQUIREMENTS ND ESTRICTIONS 303.1 3 01 Any person acting as a massage therapist shall have their license or a true copy thereof displayed in a promi nent place in the licensed premises. The license will have a picture of the licensee affixed to it. 303.1 3 02 No individuals licensed to provide massage therapy services shall discriminate on grounds of race, creed, color, sex, national origin or ancestry in providing or performing services. 303.1 3 03 Whenever a massage is given, it shall be required by the massage therapist that the person receiving the massage shall have their buttocks, anus and genitals covered with an appropriate nontransparent covering ; and any person performing massage therapy shall at all times have their anus, buttocks, genitals, and if a masseuse, breasts, covered with a nontransparent material. 303.1 3 04 A massage therapist shall assure that the premises or room where the therapeut ic massage is performed is maintained in a sanitary condition. The licensee shall permit an appropriately identified City Building official to inspect the premises or room to assure that the premises or room do not adversely affect the health, safety and w elfare of persons obtaining massage therapy. A massage therapist is excluded from the requirements of subsection 303.1204 herein if the therapeutic massage is performed upon the premises of a client or customer. 303.1 4 00 S O R O L : : The City Manager may suspend, USPENSION R EVOCATION F ICENSE revoke or deny a license issued under this Section upon a finding of a violation of any of the conditions set forth in this Section or any other ordinance of the City or State Statute regulating massage therapy service s. Any conviction for prostitution or any other crime or violation involving moral turpitude shall result in the revocation of any license issued hereunder. If a person violates, is in violation, or fails to comply with any of the ordinances of the City o r Statutes of the State, it will be cause for revocation. Prior to suspension or revocation, the City Manager shall conduct a hearing on the proposed suspension or revocation. The licensee shall be provided with the ten (10) days City of Prior Lake 303/p 5 Business Regulations written notice of the h earing. The notice shall state the time and place of the hearing and the basis for the proposed suspension or revocation. The City Manager shall conduct the hearing. The licensee shall be afforded the opportunity to ask questions of any City official makin g statements at the hearing. The licensee shall be permitted the opportunity to submit such written or testimonial evidence as may be pertinent and germane to the issue of whether the license should be suspended or revoked. Within five (5) days of the con clusion of the hearing, the City Manager shall provide the licensee with written notice, setting forth the basis for the license decision. The City Manager shall have the discretion to suspend a license for any reasonable period up to sixty (60) days. 30 3.1 5 00 A T C C : : Within five (5) days of receipt of the City Manager's written PPEAL O ITY OUNCIL decision to suspend, revoke or deny a business or personal service license, the licensee or applicant may appeal the decision to the City Council. Every appeal s hall be in writing. Failure to file a notice of appeal within the time provided shall constitute a waiver of the licensee or applicants right to appeal. The City Council may, based upon a Finding of exceptional circumstances, nonetheless grant a hearing to consider the appeal. 303.1 6 00 P : : Every person who commits or attempts to commit, conspires to commit or ENALTY aides or abets in the commission of any act constituting a violation of this Section, whether individually or in connection with one or more persons or his principal, agent or accessory shall be guilty of a misdemeanor and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, permits or directs another to violate any of the provisions of this Section is likewi se guilty of a misdemeanor. This Space Intentionally Blank ( For Future Amendments ) City of Prior Lake 303/p 6