HomeMy WebLinkAboutOrdinance - 16-2015 - Amending City Code Section 2.33 & 5.46 Relating to Massage - 11/26/2015 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 16-2015
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 2 BY AMENDING SECTION 2.33 RELATING TO
AUTHORITY TO CONDUCT BACKGROUND CHECKS; AMENDING CITY CODE
CHAPTER 5 BY AMENDING SECTION 5.46 RELATING TO THERAPEUTIC
MASSAGE ENTERPRISES AND THERAPISTS; AND ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Chapter 2, Section 2.33, Subd. 3 A is amended by deleting the word
"and" at the end of number 4; inserting a new number 5 which reads as follows;
and renumbering the rest of the section appropriately:
5. Licensing under City Code Section 5.46 relating to Therapeutic Massage
Enterprises and Therapists Regulation; and
Section 2. City Code Chapter 5, Section 5.46, Subd. 2 C, the definition for "Accredited
Institution", is amended by inserting the following phrase at the end of the
sentence: ", or licensed by the Minnesota Office of Higher Education".
Section 3. City Code Chapter 5, Section 5.46, Subd. 2 D, the definition for "Accredited
Program", is amended by deleting the following phrase: "the International
Massage and Somatic Therapies Accreditation Council (IMSTAC),".
Section 4. City Code Chapter 5, Section 5.46, Subd. 2 is amended by inserting a new G, a
definition for"Immediate Family Member", to read as follows and re-lettering the
remainder of the subdivision appropriately:
G. Immediate Family Member — spouse, domestic partner, cohabitant, child,
stepchild, grandchild, parent, stepparent, mother-in-law, father-in-law, son-in-law,
daughter-in-law, grandparent, great grandparent, brother, sister, half-brother, half-
sister, stepsibling, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, or
first cousin (that is, a child of an aunt or uncle).
Section 5. City Code, Chapter 5, Section 5.46, Subd. 2 is amended by inserting a new L a
definition for "License Fee" to read as follows and re-lettering the remainder of
the subdivision appropriately:
L. License fee" - the money paid to the City upon approval of an application
and prior to issuance of a license to transact and carry on the business stated
therein.
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Section 6. City Code Chapter 51, Section 5.46, Subd. 2 newly re-lettered H, the definition for
"Massage", is amended by inserting the following phrase at the end of the
sentence: "; provided these acts are not committed with sexual intent".
Section 7. City Code Chapter 5, Section 5.46, Subd. 2 newly re-lettered K, the definition for
"Person(s)", is amended by inserting the phrase ", limited liability company" after
the word "corporation".
Section 8. City Code Chapter 5, Section 5.46, Subd. 4 C. and 5 A. are amended by changing
the phrase "therapist license" to Massage Therapist license.
Section 9. City Code Chapter 5, Section 5.46, Subd. 4 C. is amended by (i) changing the title
to "License, Applicant and Investigation Fees."; (ii) inserting in the second to
the last sentence the word"license," following the word "All"; and (iii) adding the
following sentence at the end of the paragraph: "Upon approval of an application
whether initial or renewal, the license fee shall be paid prior to issuance of the
license."
Section 10. City Code Chapter 5, Section 5.46, Subd. 4 is amended by deleting D and E and
replacing them with D, E, F, and G to read as follows:
D. Investigation. The City is empowered to conduct any and all
investigations to verify the information on applications and renewal
applications submitted under this Section, including but not limited to
ordering a criminal history check pursuant to City Code Section 2.33.
E. Consideration and Issuance. After the information on the application
has been verified by the City pursuant to subsection D above, an initial
application for a license under this Section shall be presented to the City
Council for issuance or denial. The City Council may deny a license on
the same grounds as a license may be suspended or revoked as set forth in
Subdivision 9 of this Section. A denial of an application shall be
communicated to the applicant in writing, including findings and
conclusions supporting the decision. The notice of denial shall be mailed
by regular mail to the licensee at address listed on the application. Upon
approval of an application and payment of the license fee, the City shall
issue and mail a license certificate to the applicant at the address noted in
the application.
F. Term of License. Licenses issued under this Section shall expire on
December 31 of each year.
G. Renewal of License. Applications for renewal of all licenses issued under
this Section shall be made at least sixty (60) days prior to the date of
expiration of the license and shall contain such information as is required
by the City. After the information on the renewal application has been
verified by the City pursuant to subsection D above, a renewal application
for a license under this Section shall be presented to the Chief of Police for
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issuance or denial. The Chief of Police may deny renewal of a license on
the same grounds as a license may be suspended or revoked as set forth in
Subdivision 9 of this Section. A denial of a renewal application shall be
communicated to the applicant in writing, including findings and
conclusions supporting the decision. The notice of denial shall be mailed
by regular mail to the licensee at address listed on the renewal application.
A licensee may appeal a non-renewal by submitting a hearing request to
the Chief of Police within ten (10) days of the date of the City's notice of
non-renewal. If a hearing request is not received by the City within ten
(10) days of the date contained in the notice, the licensee's right to a
hearing shall be deemed waived. If a hearing is requested, the hearing
shall be held in accordance with the procedures set forth in Subdivision 9
(B) (2) and 9 (B) (3) of this Section. Upon approval of a renewal
application, the City shall issue and deliver a license certificate to the
applicant at the address noted in the renewal application.
Section 11. City Code Chapter 5, Section 5.46, Subd. 5 is amended by deleting C in its
entirety and replacing it with the following:
C. Lease/Property Deed Requirements. Each applicant for a therapeutic
massage enterprise license shall file with the City a copy of the lease or
property deed for the location at which the business will operate.
Section 12. City Code Chapter 5, Section 5.46, Subd. 5 is amended by deleting D in its
entirety and replacing it with the following:
D. Manager or Agent. If the applicant is a firm, association, partnership,
corporation, limited liability company, or joint venture, the application
shall include the name of the person who will serve as the manager or
agent of the licensed premises. Such manager or agent shall, by the terms
of his written consent, (1) take full responsibility for the conduct of the
licensed premises, and (2) serve as agent for service of notices and other
process relating to the license. Such manager or agent must be a person
who, by reason of age, character, reputation and other attributes would
meet the standards established in Subd. 6(A) of this Section. A licensee
shall notify the City in writing within 15 days of any change in such
manager or agent indicating the name and address of the new manager or
agent and the effective date of such change.
Section 13. City Code Chapter 5, Section 5.46, Subd. 5 E is amended by inserting the heading
"Change of Information." at the beginning of the sentence.
Section 14. City Code Chapter 5, Section 5.46, Subd. 6 A I is amended by deleting the word
"or" at the end of(f), replacing the period at the end of(g) with a semicolon and
inserting new provisions (h) through (1)to read as follows:
(h) Has had an interest in, or has persons investing in, the business, building,
premises, fixture, furniture or equipment that had an interest in, as an
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individual or as part of a firm, association, partnership, corporation,
limited liability company, or joint venture, a massage-related license that
was revoked or suspended within the last five (5) years of the date the
license application is submitted to the City;
(i) Is the Immediate Family Member of a person whose massage-related
license has been suspended or revoked in the past five (5) years;
(j) Has been denied a therapeutic massage enterprise license by the City
within one (1) year of the date of the license application;
(k) Does not provide all information required by the application or such other
information as the Issuing Authority or City Council may require; or
(1) Does not have one (1) or more Massage Therapists employed by or
affiliated with the therapeutic massage enterprise who is licensed by the
City at the time the therapeutic massage license is issued.
Section 15. City Code Chapter 5, Section 5.46, Subd. 6 A 2 (a) is amended by inserting the
phrase "by a person having an interest in the property", in the second sentence
after the phrase "suit has been commenced".
Section 16. City Code Chapter 5, Section 5.46, Subd. 6 B 1 (f) is amended by inserting the
phrase "or a Salon licensed by the State pursuant to Minnesota State Statute
155A.29" at the end of the sentence.
Section 17. City Code Chapter 5, Section 5.46, Subd. 6 B 1 (h) is amended by replacing the
word "four" with the word "six"; the number "400" with the number "600"; the
word "(two)" with the number "(2)"; and replacing the period at the end with a
semicolon.
Section 18. City Code Chapter 5, Section 5.46, Subd. 6 B I is amended by inserting new
provisions (i) through(m) to read as follows:
(i) Does not meet the definition of Massage Therapist in Subdivision 2 of this
Section;
(j) Had an interest in, individually or as part of a firm, association,
partnership, corporation, limited liability company, or joint venture, or has
a massage-related license that was revoked or suspended within the last
five (5) years of the date the license application is submitted to the City;
(k) Is the Immediate Family Member of a person whose massage-related
license has been suspended or revoked in the past five (5) years;
(1) Has been denied a Massage Therapist license by the City within one (1)
year of the date of the license application; or
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(m) Does not provide all information required by the license application or
such other information as the Issuing Authority or City Council may
require.
Section 19. City Code Chapter 5, Section 5.46, Subd. 7 is deleted in its entirety and replaced
with the following:
Subd. 7. Exemptions.
A. Neither a Therapeutic Massage Enterprise license nor a Massage Therapist
license is required for the following persons and places:
1. Persons duly licensed 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 and not provided as part of a separate and distinct
massage business.
2. A person hired or employed by, and exclusively provides treatment
on the premises of, a medical professional licensed under MN
state statute chapter 147 or 148 or a dental professional licensed
under MN State statute chapter 150A. A Massage Therapist
operating under this exemption is not limited to providing
treatment of patients of the medical or dental professional.
3. Persons duly licensed by this state as beauty culturists or barbers,
provided such persons do not hold themselves out as giving
massage treatments, and provided the massage by beauty culturists
is limited to the head, hand, neck and feet, and the massage by
barbers is limited to the head and neck.
4. Athletic trainers, certified by the National Association of Athletic
Trainers (NAAT), when working with an amateur,
semiprofessional or professional athlete or athletic team.
5. Students of an accredited institution who are performing massage
services in the course of a clinical component of an accredited
program of study, provided that the students are performing the
massage services at the location of the accredited institution and
provided the students are identified to the public as students of
massage therapy. Students of an accredited institution who are
performing massage services at clinics or other facilities located
outside of the accredited institution shall have at least one hundred
fifty (150) hours of certified therapeutic massage training at the
accredited institution prior to performing the therapy outside of the
institution and shall be identified to the public as a student of
massage therapy.
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6. Persons providing "chair massage" are not required to obtain a
therapeutic massage enterprise license 1 Massage Therapist license
if the following requirements are met:
a. The massage is provided in a place of business where the
massage can easily be seen by any employee or visitor on the
premises;
b. The location does not hold a license to sell alcoholic beverages;
c. Each recipient of a massage remains in an upright position,
either sitting or standing; and
d. Each recipient of a massage remains in the normal, daytime
attire worn when entering the business and does not remove
any clothing except outerwear, such as a coat or jacket.
B. A therapeutic massage enterprise license is not required for the following places:
1. Places licensed by the State of Minnesota as a "Salon" pursuant to
Minnesota State Statute 155A.29.
2. Places duly licensed or operating as a hospital, nursing home,
hospice, sanitarium or group home established for the
hospitalization or care of persons.
Section 20. City Code Chapter 5, Section 5.46, Subd. 8 B is amended by inserting the phrase
"within 15 days of such change" at the end of the second sentence.
Section 21. City Code Chapter 5, Section 5.46, Subd. 8 D is amended by inserting the phrase
"or a Salon licensed by the State pursuant to Minnesota State Statute 155A.29" at
after the phrase "licensed by the City" and amending the phrase to "Subdivision
7" to "Subdivision 7".
Section 22. City Code Chapter 5, Section 5.46, Subd. 8 G 4 is amended by inserting the
phrase "breast, anus," after the phrase "offer to massage the" and the phrase ", or
commit any other act with sexual intent" at the end of the sentence.
Section 23: City Code Chapter 5, Section 5.46, Subd. 8 H 4 is amended in its entirety as
follows:
Lockers. Either individual lockers or secured areas designated for storage shall be
made available for use by employees and patrons for their personal items while on
the premises.
Section 24. City Code Chapter 5, Section 5.46, Subd. 8 is amended by inserting new
provisions K through M to read as follows:
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K. Proof of Local Residency Required. In the case of a therapeutic massage
enterprise, the licensee, managing partner or manager of the licensed
premises must show proof of residency acceptable to the Issuing Authority
in one of the following Minnesota counties: Anoka, Carver, Dakota,
Hennepin, Ramsey, Rice, Scott, Washington or Wright. In the case of a
Massage Therapist, the licensee must show proof of residency acceptable
to the Issuing Authority in one of the following Minnesota counties:
Anoka, Carver, Dakota, Goodhue, Hennepin, Ramsey, Rice, Scott,
Washington or Wright.
L. Posting Rates. A therapeutic massage enterprise must post its service rates
in a prominent place in the entrance or lobby of the business.
M. Illegal Activities. A therapeutic massage enterprise licensee shall be
strictly responsible for the conduct of the business, including conduct of
any employee or agent of the licensee on the licensed
Section 25. City Code Chapter 5, Section 5.46 is amended by deleting Subd. 9 in its entirety
and renumbering the remainder of the Section appropriately.
Section 26. City Code Chapter 5, Section 5.46, newly renumbered Subd. 9, entitled
"Revocation or Suspension", section A 8 is amended by deleting the word "or"
after the word "stimulants" and replacing it with a comma; and inserting the
phrase "or synthetic drugs" after the word"tranquilizers".
Section 27. City Code Chapter 5, Section 5.46, newly renumbered Subd. 9, entitled
"Revocation or Suspension", section B is deleted in its entirety and replaced with
the following:
B. Notice and Appeal.
1. Notice. A revocation or suspension shall be preceded by written notice
from the Chief of Police or his or her designee to the licensee and an
opportunity for a hearing. The notice shall state the nature of the
violation(s) or grounds for suspension or revocation and shall inform the
licensee of the licensee's right to request a hearing within ten (10) days of
the date contained in the notice to dispute the suspension or revocation.
The notice shall be mailed by regular mail to the licensee at the most
recent address listed on the license application. If a hearing request is not
received by the City within ten (10) days of the date contained in the
notice, the licensee's right to a hearing shall be deemed waived. No
suspension or revocation of a license under this Section shall take effect
until (a) the licensee's time to request a hearing expires; or (b) if a hearing
is requested, after the licensee is informed of the decision of the City
Manager.
2. Hearing. If a hearing is requested, the Chief of Police or his or her
designee shall provide written notice to the licensee of the date, time and
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place of the hearing. The notice shall be served in the same manner as the
initial notice. The notice shall be served no less than fifteen (15) day and
no more than thirty (30) days prior to the hearing. The hearing shall be
held by an impartial hearing officer who shall be appointed by the Chief of
Police or his or her designee. Upon conclusion of the hearing, the hearing
officer shall, within ten (10) days, make his or her recommendation to the
City Manager in writing. If the hearing officer's recommendation is
suspension or revocation, he or she shall include in the written
recommendation his or her findings and conclusions supporting the
decision.
3. Decision. Within thirty (30) days of receipt of the hearing officer's
written recommendation, the City Manager shall make a decision on
whether the license shall be suspended or revoked. The City Manager
shall inform the licensee in writing of the decision, including findings and
conclusions supporting the decision, within ten (10) days. No appeal is
allowed to the City Council under Section 2.80 of the City Code from a
decision of the City Manager under this Section.
Section 28. City Code Chapter 5, Section 5.46, newly renumbered Subd. 10, entitled "Violation
a Misdemeanor", is amended by inserting the word "this" before the word
"Section" in the finals sentence.
Section 29. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to
the Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 30. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
20"' day of October, 2015 and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the 17"' day of November, 2015.
K h een Porta, City Clerk fancy -L ens,lay r
PUBLISHED in the Eden Prairie News on November 26, 2015.
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE 16-2015
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CHAPTER 5, SECTION 5.46 AND CHAPTER 2, SECTION 2.33 RELATING TO THE
ISSUANCE OF MASSAGE LICENSING AND BACKGROUND CHECKS, AND,
ADOPTING BY REFERENCE CITY CODE CHAPTER 1, AND SECTIONS 5.99 AND
2.99 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS
The following is only a summary of Ordinance No. 16-2015. The full text is available for public
inspection by any person during regular business hours in the office of the City Clerk.
SUMMARY: This ordinance amends Section 5.46 and 2.33 of the City Code relating to
massage licensing, revising the procedures, updating the regulations relating to enforcement,
amends accreditation requirements, clarifies and updates prohibited activities, provides
additional requirements to qualify for licensing, and provides additional exemptions from the
license requirement. In addition, the ordinance amends the procedures for issuance, renewal and
suspension/revocation.
The ordinance also amends City Code Section 2.33 to provide authority for background checks
for applicants for massage licenses.
EFFECTIVE DATE: This Ordinance shall take effect upon publication.
ATTEST:
K#een Porta, City Clerk Na cy T -Lu en , or
PUBLISHED in the Eden Prairie News on November 26, 2015.
Affidavit of Publication
Southwest Newspapers
CITY OF EDEN PRAIRIE
HE NEPIN MIN ESOOTANTY, State of Minnesota )
SUMMARY OF ORDINANCE )SS.
16-2015
AN ORDINANCE OF THE County of Hennepin )
CITY OF EDEN PRAIRIE,
MINNESOTA, AMENDING
CHAPTER 5, SECTION 5.46
AND CHAPTER 2,SECTION 2.33
RELATING TO THE ISSUANCE Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the
OF MASSAGE LICENSING AND publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and
BACKGROUND CHECKS, AND, has full knowledge of the facts herein stated as follows:
ADOPTING BY REFERENCE
CITY CODE CHAPTER 1,
AND SECTIONS 5.99 AND (A)This newspaper has complied with the requirements constituting qualification as a legal
2.99 WHICH, AMONG OTHER newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
THINGS, CONTAINS PENALTY amended.
PROVISIONS c�
The following is only a (B)The printed public notice that is attached to this Affidavit and identified as No. 32 3j
summary of Ordinance No. 16- was published on the date or dates and in the newspaper stated in the attached Notice and said
2015. The full text is available for Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
public inspection by any person the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
during regular business hours in
the office of the City Clerk. inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
SUMMARY: This ordinance and publication of the Notice:
amends Section 5.46 and 2.33 of
the City Code relating to massage abcdefghbklmnopgrstuvwxyz
licensing,revising the procedures,
updating the regulations n
relating to enforcement,amends
accreditation requirements, l BY !r U�li 1/t�l� G fj f
clarifies and updates prohibited -T Laurie A.Hartmann
activities, provides additional
requirements to qualify for
licensing,and provides additional
exemptions from the license Subscribed and sworn before me on
requirement. In addition, the
ordinance amends the procedures
for issuance, renewal and /
suspension/revocation. this'40day of �r.�l 2015
The ordinance also amends
City Code Section 2.33 to provide
authority for background checks
for applicants for massage
licenses. "° J`t"i �YYE J9,NNF TE 7T]A
EFFECTIVE DATE: This a A�� � ,: NUTRifi pL'fJJC.AA-NNESOrdinance shall take effect upon No ublicpublication, ,a�!6Sl Nancy Tyra-Lukens,Mayor
ATTEST: Kathleen Porta,City
Clerk
(Published in the Eden Prairie
News on Thursday,November 26,
2015:No.3935) RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch
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