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AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
BACKGROUND:
DISCUSSION:
STAFF AGENDA REPORT &2
~~ BOYLES, CITY MANAG~~
CONSIDER APPROVAL OF ORDIN CE 96-20
RELATING TO THE PRACTICE OF MASSAGE
THERAPY
OCTOBER 7, 1996
The City Council considered a request for a Massage
Therapy License from Jennifer Lambert earlier this year.
The Council directed that the Massage Therapy Ordinance
be updated so that it adequately responds to the new
profession of Massage Therapy. The attached ordinance
attempts to accomplish this direction.
The City Council has had the opportunity to review the
draft Massage Therapy Ordinance through the August 30,
1996 Update Memorandum. The City Council also
discussed a number of concepts regarding the Massage
Therapy Ordinance at the conclusion of the Council's
September 3, 1996 meeting.
The attached ordinance has been amended in accordance
with the City Council direction to provide for the
following:
1. Any type of massage other than massage therapy is
prohibited in Prior Lake.
2. Only a personal license for massage therapy is
required.
3. Any individual receiving a personal license must have
it with them whenever the service is performed.
4. The personal license includes a picture of the licensee.
5. The license is issued by the City staff rather than
requiring City Council consideration.
6. If the staff refuses to issue a license, or in the event of
consideration of a suspension or revocation of a license,
the question may be appealed to the Council.
7. The City's zoning ordinance alone specifies where
Massage Therapy may be conducted.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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ISSUES:
The Council should determine if it believes the new
Massage Therapy Ordinance will adequately protect the
public while at the same time facilitate the legitimate
practice of Massage Therapy.
ALTERNATIVES:
The Council has the following alternatives:
1. Adopt Ordinance 96-20, an ordinance amending Title
3, Chapter 5 in Prior Lake City Code concerning
licensing of persons who practice massage therapy.
2. Adopt Ordinance 96-20 with amendments.
3. Direct that the staff provide additional information
with regard to the proposed ordinance.
RECOMMENDATION: As the Council deems appropriate. The City Attorney,
Planner, Police Cheif and I have reviewed the proposed
ordinance and are comfortable with its provisions.
ACTION REQUIRED: As deemed appropriate by the Council.
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ORDINANCE NO. 96-20
CITY OF PRIOR LAKE
SCOTT COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 3, CHAPTER 5, OF THE
PRIOR LAKE CITY CODE CONCERNING LICENSING OF
PERSONS WHO ADMINISTER MASSAGES
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE ORDAINS:
Section 1. The Prior Lake City Code, Title Three, Chapter 5, is repealed in its entirety and
replaced with the following:
SECTION:
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CHAPTER 5
MASSAGE THERAPY
Purpose
Defmitions
License Required
Application for License
License Fee
Persons Eligible for License
Granting of License
Duration of License
Conditions of License
Health and Disease Control
Massage Therapy Distinguished
License: Requirements and Restrictions
Suspension or Revocation of License
Appeal to City Council
Penalty
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3-5- 1: PURPOSE:
(A) Policy Statement: It is the purpose of this Chapter to protect the public health, safety
and 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 operation in a manner contravening, subverting,
or endangering the morals of the community, thus requiring licensing and regulation.
The City Council also fmds that a massage therapist requires certain levels of specialized
training in order to safely and properly provide therapeutic massage services. The
provisions of this Chapter have neither the purpose nor effect of imposing a restriction
or limitation on freedom of expression or communication.
3-5- 2: DEFINITIONS: The following words and terms when used in this Chapter shall have
the following meanings unless the context clearly indicates otherwise:
OPERATE:
MASSAGE THERAPY:
SANITARY:
ADEQUATE or
APPROVED:
MASSAGE THERAPIST:
PRACTICE OF
MASSAGE THERAPY:
To own, manage or conduct.
The method of treating the superficial parts of the human
body by rubbing, pressing, stroking, kneading, tapping,
pounding, vibrating or stimulating with the hands or any
instrument.
Free from pathogenic-micro organisms.
Acceptable to the City Building Official or his agents
following his determinations as to conformance with public
health practices and standards.
An individual who practices massage.
The term "massage therapy" shall not include and is
distinct from the practice of medicine, surgery, osteopathy,
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 trainers are hereby expressly excluded
from the licensure requirements of this Chapter.
3-5- 3: LICENSE REQUIRED: It shall be unlawful for any person to perform or provide
massage therapy services within the City unless licensed under this Chapter. Only massage therapy
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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.
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APPLICATIONS FOR LICENSES:
1.
APPLICATION.
(A)
Any individual who offers, provides or engages in the 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: (Ord. 78-1,2-13-78;
amd. 1979 Code.)
(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, accompanied by the names, addresses and telephone numbers
of the employer;
(c) A description of any crime including the time, place, date and disposition of for
which the applicant has been arrested or convicted;
(d) Photographs of the applicant taken by the City Police Department showing both
the front and side view; and
(e) The name of all other jurisdictions where the applicant had been licenses and the
dates the applicant was licensed.
(B)
Each applicant for a massage therapy license shall furnish with the application a diploma
or certificate of graduation from a school which:
(a) Is either accredited by a recognized educational accrediting association or agency,
or is licensed by the State or local governmental agency having jurisdiction over
the school; and
(b) Offers course work or degree programs in physical therapy, anatomy, physiology,
physical culture, massage, hydrotherapy and hygiene; and
(c) Has for its purpose, either wholly or in part, the teaching of the theory, method,
work or profession of massage; and
(d) As a prerequisite of graduation, requires a resident course of study of not less
than seventy (70) hours of instruction in the above subject in teaching.
(C)
In the event that such applicant is not a graduate of such a school, or such course work
is not a prerequisite of graduation, the applicant may present a transcript certified by the
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(D)
2.
(A)
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(B)
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(A)
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school showing the completion, with passing 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 B.
Licensure by another jurisdiction shall satisfy the five (5) year exemption requirement,
as long as the City 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 B.
Changes in License Application Information: It shall be the continuing duty of each
licensee to properly 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 MISSING INFORMATION.
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.
LICENSE FEE:
Each application for a license shall be accompanied by payment in full of the required
license fee. The 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 and
no/loo ($50.00) to cover administrative and processing costs. No other refunds shall be
made.
At the time 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.
PERSONS INELIGmLE FOR LICENSE: No message therapy license shall be issued
to an applicant who:
(a) is under eighteen (18) years of age; or
(b) has been convicted of prostitution or any other crime or violation involving moral
turpitude.
(c) provides false or misleading information on their license application.
GRANTING OF LICENSES:
Consideration of License Application: All licenses shall be issued by the City Manager.
All applications for a license shall be referred to the Chief of Police and/or to such other
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(C)
(D)
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(B)
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City departments as the City Manager may deem necessary to verify and investigate 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
additional investigations as deemed necessary in order to make a determination whether
to approve or deny the issuance of the license.
A license for a massage therapy license may be denied or rescinded upon anyone of the
following grounds:
(a) Fraud or deception in the license application;
(b) Applicant/licensee has a history of violations of laws and ordinances that apply
to health, safety or moral turpitude;
(c) Applicant/licensee is of bad repute; and
(d) Applicant/licensee has been convicted of crimes or offenses involving sexual
misconduct. (Ord. 78-1, 2-13-78)
Renewal Applications: Not less than thirty (30) days prior to the expiration of the
license, the licensee shall submit a renewal application to the City Manager. A renewal
application shall be made in the same manner as provided for the original application.
License Not Transferable: Licenses to perform massage therapy are not transferable.
DURATION OF LICENSE:
All licenses issued pursuant to this Chapter shall are issued for one (1) year beginning
on January 1, and expiring on December 31. License fees shall not be prorated.
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 the 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.
CONDITIONS OF LICENSE: No individual shall solicit business or offer or agree to
perform massage therapy services within the City while a license is under suspension or
revocation by the City.
HEALTH AND DISEASE CONTROL: No individual may provide massage therapy
services while afflicted with any disease in a communicable form or while a carrier of
such disease or while afflicted with boils, infected wounds, sores, or any acute
respiratory infection.
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3-5-11: MASSAGE THERAPY DISTINGUISHED: The practice of massage therapy is hereby
declared to be distinct from the practice of medicine, surgery, osteopathy, chiropractic,
physical therapy, or podiatry. Persons duly licensed in this 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 public university, are hereby expressly
excluded from the provisions of this Chapter.
3-5-12: LICENSE; REQUIREMENTS AND RESTRICTIONS:
(A) Any person acting as a massage therapist shall have their license or a true copy thereof
displayed in a prominent place in the licensed premises. The license will have a picture
of the licensee affixed to it.
(B) 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.
(C) 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.
(D) A massage therapist shall assure that the premises or room where the therapeutic 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 welfare of
persons obtaining massage therapy.
3-5-13 SUSPENSION OR REVOCATION OF LICENSE: The City Manager may suspend,
revoke or deny a license issued under this Chapter upon a fmding of a violation of any
of the conditions set forth in this Chapter or any other ordinance of the City or State
Statute regulating massage therapy services. 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 or 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 (10) days
written notice of the hearing. 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 making 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
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conclusion 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.
APPEAL TO CITY COUNCIL. Within five (5) days of receipt of the City Manager's
written 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 shall 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.
PENALTY: Every person who commits or attempts to commit, conspires to commit or
aides or abets in the commission of any act constituting a violation of this Chapter,
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 provision of this Chapter is likewise guilty of a misdemeanor. (Ord.
78-1, 2-13-78)
PASSED AND DULY ADOPTED by the Prior Lake City Council
day of
, 1996.
CITY OF PRIOR LAKE
BY:
Lydia Andren
Its Mayor
Frank Boyles, City Manager
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