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HomeMy WebLinkAbout8C - Massage Therapy License DATE: INTRODUCTION: DISCUSSION: ISSUES: ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: attachment. STAFF AGENDA REPORT 8C FRANK BOYLES CONSIDER REPORT ON POSSIBLE NEW MASSAGE THERAPY ORDINANCE 96-20 AUGUST 19, 1996 The City Council has directed that the existing Prior Lake Code be reviewed to update the Massage Parlor portion of the ordinance so that it addresses the relatively new profession of Massage Therapy. The existing City Code addresse"s the issue of Massage from a more traditional perspective. Since the advent of Massage Therapy, however, the ordinance does not address this legitimate business usage. The City Attorney's office has prepared a draft Massage Therapy ordinance. The draft ordinance was reviewed by the Police Chief and myself and has been shared with City Council members in a previous Update Memorandum. The ordinance prOVISIOns which are attached are an amalgamation of provisions found in other City Codes which have been updated for this purpose. The City Council certainly has the opportunity this evening to review the proposed provisions and suggest change or deletion. 1. Review and discuss the ordinance and provide staff direction. 2. Adopt the ordinance as recommended or as amended through City Council discussion. Either options #1 or #2. The City Council could either adopt the ordinance as proposed or with amendments this evening, or direct that further information be provided. This item could then be placed on a subsequent agenda for City Council adoption. City Council direction as set forth above. 819~8G..POC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 3-5-1 SECTION: 3-5- 1: 3-5- 2: 3-5- 3: 3-5- 4: 3-5- 5: 3-5- 6: 3-5- 7: 3-5- 8: 3-5- 9: 3-5-10: 3-5-11: 3-5-12: 3-5-13: 3-5-14: 3-5-15: 3-5-16: 3-5- 1: (A) 3-5-1 CHAPTER 5 MASSAGE PARLORS Purpose Defmitions Licenses Required Applications for Licenses License Fees Persons Eligible for License Granting of Licenses Duration of Licenses Hours of Operation Conditions of License Health and Disease Control Massage Distinguished Masseurs and Masseuses; Requirements and Restrictions Suspension, Revocation or Recision of License Hearings Penalty PURPOSE: 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 fmds 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, and employing personnel with no specialized training, are susceptible to operation in a manner contravening, subverting, or endangering the morals of the community, thus requiring inspection, licensing, and regulation. The City Council also fmds that a massage enterprise requires certain levels of specialized training in order to safely and properly provide therapeutic massage 3-5- 2: 3-5-1 3-5-1 services. The provisions of this Chapter have neither the purpose nor effect of imposing a restriction or limitation on freedom of expression or communication. DEFINITIONS: The following words and terms when used in this Chapter shall have the following meanings unless the context clearly indicates otherwise: OPERATE: To own, manage or conduct. WITHIN THE CITY: Physical presence as well as telephone referral situations, such as a "phone-a-message" type operation, in which the business premises, although not actually located within the City, serves as a point of assignment of employees who respond to requests for services within the City. MASSAGE: 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. 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. MASSEUR: A male person who practices massage. MASSEUSE: A female person who practices massage. MASSAGE PARLOR: Any room or rooms wherein a person, for a fee, may receive from another person a massage, or any room or rooms from which a masseur or masseuse is dispatched by telephone or otherwise for the purposes of giving a massage; provided that, no massage for a fee shall be given except in a licensed premises. PRACTICE OF MASSAGE: The term "practice of massage" shall not include and is distinct from the practice of medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry. Persons duly licensed or registered to 3-5- 3: (A) (B) 3-5- 4: (A) 3-5-1 3-5-1 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 requirements of this Chapter. LICENSES REQUIRED: Business License: It shall be unlawful for any person to operate a massage business within the City unless such business is currently licensed under this Chapter. Personal Service License: It shall be unlawful for any person to perform massage services within the City unless currently licensed under this Chapter. APPLICATIONS FOR LICENSES: Business Licenses: Every application for a license under this Section shall be filed with the City Manager. Each application shall be made on a form supplied by the City and shall contain the following information: (a) A description of the property to be used; (b) The names and addresses of the owner, lessee, if any, and the operator or manager; (c) The names, residences and addresses of two persons, residents of Scott County, who may be referred to as to the applicant's, the manager's, operator's or licensees character; (d) Whether the applicant, manager, operator or licensee has ever been convicted of a crime or offense other than a traffic offense and, if so, information as to the time, place and nature of such crime or offense; and (e) Such other information as the City Manager may require. If the application is made on behalf of a corporation or a partnership, it shall be accompanied by appropriate business records showing the names and addresses of all individuals having an interest in the business and, in the case of a corporation, the names and addresses of the officers and shareholders. Applicants shall furnish to the City. with their application, documents establishing the applicant's interest in the premises on which the business will be located. Documentation shall be in the form of a lease, a deed, a contract for deed or any other document which establishes the applicant's interest. The applications for license shall be signed and sworn to. If the application is by a natural person, it (B) (C) (D) 3-5-1 3-5-1 shall be signed and sworn to by such person; if by a partnership, by one of the partners; and if by an unincorporated association, by the manager or managing officer thereof. Any falsification of, or missing information on the license application shall result in the denial of said license. Personal Services Licenses: A masseur or masseuse shall apply to the City Council for a license to provide services by paying an annual license fee, to be determined by the City Council, at the office of the City Manager and by completion of an application form prepared by the City Manager. Such application 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; (c) A description of any crime including the time, place, date and disposition of for which the applicant has been arrested or convicted; Such application shall be accompanied by the following: (a) Photographs of the applicant taken by the City Police Department showing both the front and side view; and (b) A complete set of fingerprints taken by the Police Department. Each applicant for a masseur or masseuse 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. 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 school showing the completion, with passing grades, of seventy (E) 3-5- 5: (A) (B) 3-5- 6: 3-5- 7: (A) 3-5-1 3-5-1 (70) hours of teaching work or instruction in the above subjects in teaching. New applicants for such licenses shall be required to comply with these requirements. Persons already licensed as a masseur or masseuse on the effective date hereof shall be required to comply with these requirements within six (6) months after that date; provided, however, that persons already licensed who have been regularly employed as a masseur or masseuse for a period of five (5) years out of a six (6) year period preceding the effective date hereof, may apply for examination under subsection _ of this Section on the basis of five (5) years' experience who fails to pass the examination. An applicant must comply with the educational requirements of this subsection within six (6) months after failing to pass the examination. 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. LICENSE FEES: Each application for a license shall be accompanied by payment in full of the required license fee. The annual fee for a personal service license and the annual fee for a business license shall be determined by the City Council. Upon rejection of any application for a license, the City shall refund the payment in full. 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. (Ord. 78-1, 2-13-78; amd. 1979 Code) PERSONS INELIGmLE FOR LICENSE: No 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. GRANTING OF LICENSES: Consideration of License Application: All applications shall be referred to the Chief of Police and to such other City departments as the City Manager shall deem necessary for verification and investigation of the facts set forth in the application. The Chief of Police and other consultants, as applicable, shall make a written recommendation to the City Council as to issuance or nonissuance of a license. The City Council may order and conduct such additional investigations (B) (C) (D) 3-5- 8: (A) (B) 3-5-1 3-5-1 as it deems necessary, approve or deny the issuance of the license. A license for a masseur or masseuse 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; (d) Applicant/licensee is convicted of an ordinance or State Statute violation arising within the business establishment to which a sauna and/or massage parlor license was granted under this Chapter; and (e) Applicant/licensee has been convicted of crimes or offenses involving sexual misconduct. (Ord. 78-1,2-13-78) Renewal Applications: Not less than ten (10) days nor more than thirty (30) days prior to the expiration of the license, the applicant shall submit a renewal application to the City Manager or any other City department as the City Manager shall deem necessary, for review and approval of said renewal license. Provided, however, in the event complaints have been received by the City staff prior to the granting of the renewal license, then the renewal application shall be submitted to the City Council for consideration at a public hearing. Notice of the time and place of such hearing and the fact that a renewal application shall be considered shall be published in the official newspaper ten (10) days in advance of the hearing. Opportunity shall be given to any person to be heard for or against the granting of a renewal license by the City Council at said public hearing. (Ord. 86-08, 12-1-86) ff / would delete this section: but would like inout from the Council J J A renewal application shall be made in the same manner as provided for the original application with the exclusion of fingerprints and photographs. License Not Transferable: Each license shall be issued to the applicant only and shall not be transferable to another holder. No licensee shall loan, sell, give or assign a license to another person. {{ OUEST/ON: Should Council deleflate issuance of Dersonal service licenses to Manafler?? J J DURATION OF LICENSE: All licenses issued pursuant to this Chapter shall expire on December 31. When the licensee makes application for renewal of a current license and pays the 3-5- 9: 3-5-10: 3-5-11 : 3-5-12: 3-5-13: (A) (B) 3-5-1 3-5-1 required fee to the issuing authority on or before the termination date, the licensee is authorized to operate until such time as the City Council acts upon the renewal application and the license is either renewed or denied. HOURS OF OPERATION: No customer or patron shall be allowed to enter the licensed premises after ten o'clock (10:00) p.m. and before eight o'clock (8:00) a.m. daily. No customers or patrons shall be allowed to remain upon the licensed premises after ten thirty o'clock (10:30) p.m. and before eight o'clock (8:00) a.m. daily. CONDITIONS OF LICENSE: No business or personal service licensee shall solicit business or offer or agree to perform massage services, nor shall his/her employees solicit business or offer or agree to perform massage services within the City while under suspension or revocation by the City Council. No massage parlor for which a business license"has been granted by the City shall be open for business unless and until any masseurs or masseuses employed in the business have fITst complied with the personal service licensing requirements of this Chapter. HEALTH AND DISEASE CONTROL: No person 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 may work in or use the services of any licensed premises. No persons known or suspected or being afflicted with any such disease or condition shall be employed or permitted in such area or capacity. MASSAGE DISTINGUISHED: The practice of massage is hereby declared to be distinct from the practice of medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, and 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. Beauty culturists and barbers who do not give, or hold themselves out to give massage services other than are customarily given in such shops or places of business for the purpose of beautification only, shall be exempt from the provisions of this Chapter. MASSEURS AND MASSEUSES; REQUIREMENTS AND RESTRICTIONS: No business shall employ or use any person as a masseur or masseuse, as defmed in Section 3-5-2 herein, unless such person is licensed by the City. Any person acting as a masseur or masseuse in any such business shall have his license or a true copy thereof displayed in a prominent place on the licensed premises. 3-5-1 3-5-1 (C) Businesses and individuals licensed to provide massage services shall not discriminate on grounds of race, creed, color, sex, national origin or ancestry in performing services offered by the licensed establishment. (D) Whenever massage is given, it shall be required by the masseur or masseuse that the person who is receiving the massage shall have their buttocks, anus and genitals covered with an appropriate nontransparent covering; and any person performing massages shall at all times have their anus, buttocks, genitals, and, if a masseuse, breasts, covered with a nontransparent material. (E) No person shall engage in providing services as a masseur or masseuse without being licensed by the City Council. 3-5-14 SUSPENSION, REVOCATION OR RECISION OF LICENSE: The City Council may suspend or revoke 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 services. Any conviction for prostitution or any other crime or violation involving moral turpitude shall result in the revocation of any license issued hereunder. The following shall be considered cause for revocation: (a) A person, partnership or corporation under his Chapter, if they fail to comply with any of the ordinances of the City or Statutes of the State. (b) It shall be grounds for rescinding a license granted to any person under this Chapter if the owner, manager, lessee or any of the employees are found to be in control or possession of any alcoholic beverages or narcotic drugs and controlled substances on the premises, possession of which is illegal as defmed by Minnesota Statutes or City ordinances. (c) It shall be grounds for the rescinding of a license if the owner, manager, lessee or any of the employees are convicted of any City ordinance or State Statute violation arising within the business establishment to which the license was granted under this Chapter. 3-5-15 HEARINGS: (A) Business License: Except in the case of a suspension pending a hearing on revocation, revocation or suspension by the Council shall be preceded by written notice to the licensee of a public hearing. The notice shall give at least eight (8) days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding thirty (30) days. The notice may be served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof. No suspension shall exceed sixty (60) days. 3-5-1 3-5-1 (B) Personal Service License: Within thirty (30) days of a written request by the suspended or revoked licensee, a public hearing before the City Council shall be held concerning the reasons for suspension or revocation. 3-5-16 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)