Loading...
HomeMy WebLinkAbout4E - Massage Therapy Ordinance AGENDA #: PREPARED BY: SUBJECT: DATE: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT 4E CITY ATIORNEY . CONSIDER AFPROV AL OF ORDINANCE 97-XX REVISING MASSAGE THERAPY ORDINANCE TO CLARIFY INSPECTION OF PREMISES USED FOR MASSAGE TIiERAPY APRIL 7. 1997 The Council is to consider a request to revise the Massage Therapy ordinance to clarify a provision that allows for the inspection of the premises where massages occur. The Massage Therapy ordinance was revised in its entirety last year_The new ordinance regulares massage therapy by licensing the individuals who practice massage therapy rather than the location at which the massage therapy is conducted. However, one provision of the ordinance provides that the City Building Official may inspect me premises or room to assure that the premises or room does not adversely affect the health, safety, and welfare of persons obtaining massage therapy. The Ordinance is not clear as to how this provision applies when a massage therapist goes to the home of an individual for the purposes of providing massage therapy therein. The proposed ordinance would renumber existing paragraph 3-5-12 CD) as CD) (1) and insert a second paragraph (D) (2) creating an exception for those instances where a massage therapist practices massage in the home of a customer. The home of the customer would thus not be subject to inspection by the City building Official. ISSUES: The Council should determine if it believes the Massage Therapy Ordinance should contain an exception from inspection for massage in a private residence. Staff understood that it was the Council's intent to allow massage therapy in private homes when the ordinance was originally adopted. ALTERNATIVES: The Council has the following alternatives: 1. Adopt OrdinQ~e 97-XX, an ordinance amending Title 3, Chapter 5 in the Prior Lake City Code concerning licensing of persons who practice massage therapy. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORnJNlTY EMPLOYER 2. 3. RECOMMENDATION: ACTION REQUIRED: '8465 Adopt Ordinance 97-XX. with amendments. Direct that the staff provide additional information with regard to the proposed ordinance. Approve Ordinance 97 -XX revising the Massage Therapy Ordinance to clarify inspection of premises used for massage therapy as part of the consent agenda. Motion and Second as part of the consent agenda to adopt the proposed amendment. ORDINANCE NO. 97- 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, Section 3-5-12 (D) is amended, by renumbering the first paragraph and adding a second paragraph, to read as follows: 3-5-12: LICENSE; REQUIREMENTS AND RESTRICTIONS: (D) 1. 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. 2. A massage therapist is excluded from the requirements of paragraph 1 herein if the therapeutic massage is performed upon the premises of a client or customer. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND DULY ADOPTED by the Prior Lake City Council this day of , 1997. CITY OF PRIOR LAKE BY: Lydia Andren Its Mayor ATTEST Frank Boyles, City Manager 48465 -:~:;;r-- --- ....