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HomeMy WebLinkAboutOrdinance - 28-2018 - Amending City Code Section 5.46, Related to Massage - 12/13/2018 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 28-2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.46 RELATING TO THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION; 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. That City Code Chapter 5, Section 5.46, is hereby deleted in its entirety and replaced with the following: SECTION 5.46. THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION. Subd. 1. Findings. The Council makes the following findings regarding the need to license therapeutic massage enterprises and therapists and to prohibit all other types of massage businesses and services to the public: A. Persons who have bona fide and standardized training in therapeutic massage, health, and hygiene can provide a legitimate and necessary service to the general public. B. Health and sanitation regulations governing therapeutic massage enterprises and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. C. License qualifications for the restrictions on therapeutic massage enterprises and therapists can minimize the risk that such businesses and persons will facilitate prostitution and other criminal activity in the community. D. Massage services provided by persons with no specialized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. E. Massage businesses which employ persons with no specialized and standardized training can tax City law-enforcement services, because such businesses are more likely to be operated as fronts for prostitution and other criminal activity than operations established by persons with standardized training. F. The training of professional massage therapists at accredited institutions is an important means of ensuring the fullest measure of protecting the public health, safety, and welfare. Subd.2. Definitions. When used in this Section, unless otherwise stated in specific subsections, the following words and terms shall have the meanings stated: A. "Accredited Institution" — an educational institution holding accredited status from the North Central Association of Colleges and Schools (NCA) or another regional accrediting agency approved by the United States Department of Education or licensed by the Minnesota Office of Higher Education. B. "Accredited Program" — a professional massage program accredited by the Commission on Massage Therapy Accreditation (COMTA), or a comparable national or regional organization that evaluates program compliance with quality and competency standards through a process of periodic review and self-study. C. "Clean"—the absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter. D. "Good repair" — free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good and sound condition. E. "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). F. "Massage" — any method of pressure on, or friction against, or the rubbing, stroking, kneading, tapping, pounding, vibrating, stimulating, or rolling of the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations provided these acts are not committed with sexual intent. G. "Massage Therapist"—an individual who practices or administers massage to the public. H. "Therapeutic Massage Enterprise" — a person who operates a business which employs or hires therapeutic massage therapists licensed in accordance with this Section to provide massage to the public. The owner/operator of a therapeutic massage enterprise need not be licensed as a therapeutic massage therapist if he or she does not at any time practice or administer massage to the public. I. "Within the City"—includes physical presence as well as telephone referrals such as phone- a-massage operations in which the business premises, although not physically located within the City, serves as a point of assignment of employees who respond to requests for services from within the City. Subd. 3. License Required. A. Therapeutic Massage Enterprise License. It is unlawful for any person to operate, engage in, or carry on, within the City, massage services for the public for consideration without first having obtained a license from the City pursuant to this Section. B. Massage Therapist License. It is unlawful for any individual to practice, administer, or provide massage services to the public for consideration within the City without first having obtained a license from the City pursuant to this Section. Subd. 4. Exceptions. 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 Minnesota Statutes Chapters 147 or 148 or a dental professional licensed under Minnesota Statutes 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. 6. Persons providing"chair massage"are not required to obtain a therapeutic massage enterprise license/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. 7. Persons who are (1) hired or employed by a medical professional licensed under Minnesota Statutes Chapters 147 or 148 or a dental professional licensed under Minnesota Statutes Chapter 150A and(2)providing massage services on behalf of the medical or dental professional at a facility established for the hospitalization or care of persons that is licensed by the Minnesota Department of Health. 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 Statutes Section 155A.29. 2. Places licensed by the Minnesota Department of Health that are established for the hospitalization or care of persons. Subd. 5. Ineligibility. A. Therapeutic Massage Enterprise License. 1. No therapeutic massage enterprise license shall be issued to a person who: a. Is not eighteen (18) years of age or older at the time the application is submitted to the City; b. Has pending a criminal charge, citation, or complaint for any violation of federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person's ability to conduct the therapeutic massage enterprise in a legal manner,which violations shall include,but are not limited to, prostitution or the solicitation, inducement, or promotion thereof, sex trafficking, criminal sexual conduct, assault, disorderly conduct, or the possession or sale of a controlled substance; C. Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes, Section 364.03, subdivision 3; d. Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States; e. Is not the real party in interest of the enterprise; f. Has knowingly misrepresented or falsified information on the license application; g. Does not meet the definition of therapeutic massage enterprise in Subdivision 2 of this Section; h. Has had an interest in, or has persons investing in, the business, building, premises, fixtures, furniture or equipment that had an interest in, as an 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 City 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. M. Is a corporation, partnership, or other organization which has a parent that meets a condition set forth in subparagraphs a through 1 of this Subdivision 5.A.1. n. Does not have, or at the time of issuance of a license does not plan to have, at least one permanent physical premises in the City on which the therapeutic massage enterprise will be located. 2. No therapeutic massage enterprise shall be licensed if. a. Such enterprise is located on property on which taxes, assessments,or other financial claims to the State, County, School District, or City are due and delinquent. In the event a suit has been commenced by a person having an interest in the property under Minnesota Statutes Sections 278.01 - 278.13 questioning the amount or validity of taxes,the Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof,which remain unpaid for a period exceeding one (1) year after becoming due. b. The location of such enterprise is not in conformance with the land use regulations of the City Code unless such enterprise is a legal, nonconforming use. C. The property on which the enterprise is or is to be conducted is owned by, operated by, or leased to a person who is ineligible for a license, except that a property owner who is under the age of 18 shall not make the premises ineligible under this subparagraph. B. Massage Therapist License. 1. No massage therapist license shall be issued to a person who: a. Is not eighteen (18) years of age or older at the time the application is submitted to the City; b. Has pending a criminal charge, citation, or complaint for any violation of federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person's ability to conduct the licensed occupation in a legal manner, which violations shall include, but are not limited to,prostitution or the solicitation,inducement,or promotion thereof, sex trafficking, criminal sexual conduct, assault, disorderly conduct, or the possession or sale of a controlled substance; C. Has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes Section 364.03, subdivision 2,and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes Section 364.03, subdivision 3; d. Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States; e. Has knowingly misrepresented or falsified information on the license application; f. Is not affiliated with, employed by, or does not own a therapeutic massage enterprise licensed by the City or a Salon licensed by the State pursuant to Minnesota Statutes Section 155A.29; g. Does not provide to the City proof of current insurance coverage of one million dollars($1,000,000)for personal liability in the practice of massage; h. Does not provide to the City proof that he or she has completed six hundred (600) hours of certified therapeutic massage training from a bona fide school that has been approved by the City, or has at least two (2) years of full-time experience working as a massage therapist at a licensed therapeutic massage enterprise or other licensed business approved by the City; i. Does not meet the definition of Massage Therapist in Subdivision 2 of this Section; j. Has 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 M. Does not provide all information required by the license application or such other information as the City may require. Subd. 6. License Applications. A. Application. All applications for licenses issued under this Section shall be made on forms supplied by the City. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. B. Insurance. 1. Each applicant for a therapeutic massage enterprise license shall file with the City a public liability insurance policy or certificate of insurance from a company authorized to do business in the State of Minnesota, insuring the applicant against any and all loss arising out of the use, operation, or maintenance of the therapeutic massage enterprise. The policy of insurance shall be in limits of not less than $1,000,000.00. 2. Each applicant for a massage therapist license shall file with the City a current certificate of insurance providing coverage of one million dollars ($1,000,000) for personal liability in the practice of massage. 3. Failure to keep in full force and effect the insurance required by this Section is grounds for revocation of the license. C. Property Ownership and Leases. Each applicant for a license shall provide,for the property on which the licensed business will operate, (1) such information as is requested by the City to establish the record owner of the property, and (2) copies of all leases currently in effect. D. False Statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application. Any false statement in such application or any willful omission to state any information called for on such application will, upon discovery of such falsehood, be grounds for denial or, if already issued, for revocation of the license. E. License, Application, and Investigation Fees. Upon submission of the application, applicants for a license under this Section shall pay a fee to the City which shall be considered an application and investigation fee, not refundable to applicant, to cover the costs of the City in processing the application and the investigation thereof. Upon approval of an application, whether initial or renewal, the license will not be effective until the license fee is paid. All license, application, and investigation fees provided for in this Section shall be fixed and determined by the Council. Such fees, may, from time to time, be amended by the Council. F. Manageror 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 or her 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 Subdivision 5.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. G. 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 and conducting an inspection of any premises proposed to be licensed. Failure of an applicant to allow an inspection is grounds for denial of the license. H. Consideration and Issuance. After the information on the application has been verified as correct by the City pursuant to subsection G above,an initial application for a license under this Section shall be presented to the City Council for issuance or denial. 1. Issuance. Upon the City Council's approval of an application and the applicant's payment of the license fee, the City shall issue and mail a license certificate to the applicant at the address noted in the application. 2. Denial. The City Council may deny a license on the grounds set forth in Subdivision 5 of this Section and/or on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 8 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. I. Term of License. Licenses issued under this Section will expire on December 31 of each year. J. 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 as correct by the City pursuant to subsection G above, a renewal application for a license under this Section will be presented to the Chief of Police for issuance or denial. 1. Issuance. Upon approval of a renewal application and the applicant's payment of the renewal fee, the City shall issue and deliver a license certificate to the applicant at the address noted in the renewal application 2. Denial. The Chief of Police may deny renewal of a license on the grounds set forth in Subdivision 5 of this Section and/or on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 8 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 requested, the hearing shall be held in accordance with the procedures set forth in Subdivision 8.13.2 and 8.13.3 of this Section. K. Change of Information. A licensee must promptly notify the City of a change in the information or facts required to be furnished on the application for a license, even after the license has been issued. Failure to comply with this subsection is cause for suspension or revocation of the license. Subd. 7. Conditions, Restrictions, and Regulations A. Compliance with Law. A license is subject to the conditions, restrictions, and regulations in this Section, all other provisions of City Code, and all provisions of other applicable federal, state, and local laws, regulations, and ordinances. B. Conduct of Business.A licensee is responsible for the conduct of his or her place of business and the conditions of order in it. The act of an employee of the licensed premises is deemed the act of the licensee as well, and the licensee is liable for all penalties provided by this ordinance equally with the employee, except criminal penalties. C. Posting. A therapeutic massage enterprise license issued shall be posted in a conspicuous place on the premises for which it is used. A person licensed as a massage therapist shall have readily available a current license issued by the City at all times therapeutic massage services are rendered. D. Premises Licensed. A therapeutic massage enterprise license is only effective for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered, or extended,the licensee shall inform the City within 15 days of such change. A massage therapist license shall entitle the licensed therapist to perform on-site massage at a business, public gathering, private home, or other site not on the therapeutic massage enterprise premises, excluding hotel or motel guest rooms. E. Employment of Unlicensed Massage Therapists Prohibited. No therapeutic massage enterprise shall employ or use any person to perform massage who is not licensed as a massage therapist under this Section, unless the person is specifically exempted from obtaining a massage therapist license pursuant to Subdivision 4 of this Section. F. Affiliation With Enterprise Required. A massage therapist shall be employed by, affiliated with, or own a therapeutic massage enterprise licensed by the City or a Salon licensed by the State pursuant to Minnesota Statutes Section 155A.29, unless a person or place is specifically exempted from obtaining a massage therapist license or a therapeutic massage enterprise license in Subdivision 4 of this Section. G. Hours of Operation.No customers or patrons may be allowed to enter the licensed premises after 10:00 p.m. and before 7:00 a.m. daily. No customers or patrons may be allowed to remain on the licensed premises after 10:00 p.m. and before 7:00 a.m. daily. No massage therapist shall perform massage services after 10:00 p.m. and before 7:00 a.m. daily. H. Premises Subject to Inspection. During any hours in which any person is present on the licensed premises, the premises licensed under this Section shall be open to inspection by any duly authorized representative of the City to determine whether or not this Section and all other laws are being observed. All persons, as a condition to being issued such license, consent to such inspection and without a search warrant. Upon demand by a health, building or license inspector or police officer, a person engaged in providing services in a premises licensed under this Section shall identify himself/herself giving his/her true legal name and his/her correct address. I. Conduct on Licensed Premises. Except as herein provided, every licensee under this Section shall comply with the following: 1. Coverage of Genitals During assage. The licensee shall require that the person who is receiving the massage shall at all times have his or her genitals covered with non-transparent material or clothing. 2. Therapist Clothing Requirements.Any massage therapist performing massage shall at all times have his or her breasts,buttocks, anus, and genitals covered with a non- transparent material or clothing. 3. Effect of License Suspension or Revocation. No licensee shall solicit business or offer to perform massage services while under license suspension or revocation by the City. 4. Massage of Certain Body Parts Prohibited. At no time shall the massage therapist intentionally massage or offer to massage the breast, anus, penis, scrotum, mons veneris, vulva, or vaginal area of a person or commit any other act with sexual intent. J. Condition and Maintenance of Premises. 1. Cleanliness. Floors, walls, other structures, and equipment in massage rooms, restrooms and bathrooms used in connection with the massage business shall be kept clean and in a state of good repair and sanitary at all times. Linens and other materials shall be stored at least six (6) inches off the floor in areas protected from contamination. Sanitary towels, wash cloths, cleaning agents and toilet tissue shall be made available for each customer. 2. Restrooms. Restrooms used in connection with the therapeutic massage enterprise shall be provided with mechanical ventilation with two (2) cfm per square foot of floor area, a minimum of twenty (20) foot candles of illumination, a hand-washing sink equipped with hot and cold running water under pressure, single-use paper towels or other approved drying device and a soap dispenser. 3. Storage. Licensed premises shall have a janitor's closet for the storage of cleaning supplies. This closet shall have mechanical ventilation with two (2)cfm per square foot of floor area and a minimum of twenty (20) foot candles of illumination. The closet shall include a mop sink. For licensees operating a therapeutic massage enterprise as a home occupation, in lieu of a janitor's closet, all cleaning supplies shall be stored separate away from the bathroom and massage room and away from other equipment and supplies used in conjunction with the business. 4. 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. 5. Hand Washing Required. A separate hand-sink shall be easily accessible and used by a massage therapist before administering massage on each patron and when hands are soiled. 6. Linens. The furniture upon which the patron reclines while receiving a massage shall either be covered with clean linen or be washed after each use with a cleaning agent sufficient to prevent the spread of disease. Linens and towels shall be changed after each use and laundered by a commercial cleaning establishment or in approved laundry facilities on the premises. For licensees operating a therapeutic massage enterprise as a home occupation, linens and towels shall be washed separate from personal articles. Single-use linens shall be discarded after each use. K. Transfer.The license issued is for the person or the premises named on the approved license application. No transfer of a license shall be permitted from place to place or from person to person without complying with the requirements of an original application. L. Home Occupation. Whenever a therapeutic massage enterprise is operated in a residential area as a home occupation, the person(s) conducting the business shall comply with the provisions of City Code Chapter 11 relating to home occupations. M. 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 City 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 City in one of the following Minnesota counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Rice, Scott, Washington or Wright. N. Posting Rom. A therapeutic massage enterprise must post its service rates in a prominent place in the entrance or lobby of the business. O. 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 premises. Subd. 8. Suspension or Revocation. A. Grounds for Suspension or Revocation. The City may suspend or revoke a license issued under this Section. The following are grounds for suspension or revocation of a license: 1. Fraud, misrepresentation, or false statement contained in a license application or a renewal application; 2. Fraud, misrepresentation, or false statement made in the course of carrying on the therapeutic massage enterprise; 3. Failure to comply with City ordinances or state law; 4. Conviction of the owner, manager, lessee, or an employee of the therapeutic massage enterprise, or the holder of a massage therapist license, of a violation of any ordinance or state or federal statute, arising on the licensed premises; 5. Any pending criminal charge, citation, or complaint against the owner, manager, lessee or an employee of the therapeutic massage enterprise, or the holder of massage therapist license, for a violation of any ordinance or state or federal statute which adversely reflects upon the person's ability to conduct the licensed occupation in a legal manner, which violations shall include, but are not limited to, prostitution or the solicitation, inducement, or promotion thereof, sex trafficking, criminal sexual conduct, assault, harassment, disorderly conduct, or the possession or sale of a controlled substance. 6. Conviction or adjudication of guilt of the owner, manager, lessee or an employee of the therapeutic massage enterprise, or the holder of a massage therapist license, of a violation of any ordinance or state or federal statute which adversely reflects upon the person's ability to conduct the licensed occupation in a legal manner, which violations shall include, but are not limited to,prostitution or the solicitation, inducement,or promotion thereof, sex trafficking, criminal sexual conduct,assault, harassment,disorderly conduct, or the possession or sale of a controlled substance; 7. Conducting the therapeutic massage enterprise in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the community; or 8. Habitual drunkenness or intemperance or the use of drugs on the licensed premises by any employee or patron including, but not limited to the use of drugs defined in either federal or state laws, barbiturates, hallucinogenic drugs, amphetamines, Benzedrine, Dexedrine, or other sedatives, depressants, stimulants, tranquilizers or synthetic drugs. 9. The existence of any grounds for denial of a license identified in Subdivision 5 of this Section, which existed at the time the license was issued or arose subsequent to the issuance of the license. B. Procedure. 1. Notice. A suspension or revocation 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 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 denial of the renewal application or suspension or revocation of the license,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 denied renewal, 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. 4. Appeal. 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. The City Council may, on its own motion, determine to review the decision of the City Manager. Subd. 9. Violation a Misdemeanor. A person who commits or attempts to commit, conspires to commit or aids or abets in the commission of an act constituting a violation of this Section,whether individually or in connection with one or more other persons or as principal, agent, or accessory is guilty of a misdemeanor. A person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, permits or directs another to violate a provision of this Section is guilty of a misdemeanor. Section 2. 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 3. This ordinance shall become effective from and after the date of its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 13th day of November, 2018, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of December, 2018. Tw�&12 peh� - Kathlee Porta, City Clerk N Sne y ra- ens, yor Published in the Eden Prairie News on the 13'h day of December, 2018. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 28-2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5, SECTION 5.46 RELATING TO THERAPEUTIC MASSAGE ENTERPRISES AND THERAPISTS REGULATION; 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: Summary: This ordinance amends City Code Section 5.46 relating to therapeutic massage enterprises and massage therapists by: deleting definitions that appear elsewhere in the City Code; making ineligible for a license any person who has a pending criminal charge for a violation that reflects adversely on the licensed business, and also making such a pending charge or conviction a grounds for suspension or revocation of an existing license; removing as grounds for denial of a license the requirement that an applicant be of"good moral character or repute"; applying the ineligibility provisions also to a parent company of an applicant; and revising and reorganizing the subdivisions for procedural consistency with other Chapter 5 licensing sections. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kafhjben Porta, City Clerk a y T -L ns, NWr PUBLISHED in the Eden Prairie News on December 13, 2018. (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Newspapers State of Minnesota ) )SS. County of Hennepin ) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA OF SUMMARY OF OR Laurie A. Hartmann, being duly swom, on oath says that she is the authorized agent of the NO.28-2018 publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and AN ORDINANCE OF THE has full knowledge of the facts herein stated as follows: CITY OF EDEN PRAIRIE, MINNECODE AMENDING CITY A This newspaper has corn lied with the requirements constituting qualification as a CODE CHAPTER 5,SECTION 5.46 � � p 9 g 9 RELATING TO THERAPEUTIC legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable MASSAGE ENTERPRISES AND laws,as amended. THERAPISTS REGULATION; AND ADOPTING BY REFERENCE CITY CODE (B) The Tinted� � p public notice that is attached to this Affidavit and identified as CHAPTER 1 AND SECTION No.� was published on the date or dates and in the newspaper stated in the attached 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY Notice and said Notice is hereby incorporated as part of this Affidavit.Said notice was cut from THINGS PROVISIONS the columns of the newspaper specified.Printed below is a copy of the lower case alphabet from THE CITY COUNCIL OF A to Z,both inclusive,and is hereby acknowledged as being the kind and size of type used in THE CITY OF,EDEN PRAIRIE, MINNESOTA,ORDAINS: the composition and publication of the Notice: Summary: This ordinance amends City Code Section 5.46 abcdefghijklmnopgrstuvwxyz relating to therapeutic massage enterprises and massage therapists by:deleting definitions that appear elsewhere in the By: City Code;making ineligible for Laurie A.Hartmann a license any person who has a pending criminal charge for a violation that reflects adversely on the licensed business, and Subscribed and sworn before me on also making such a pending charge or conviction a grounds for suspension or revocation of �/ an existing license; removing this_D r day of 2018 as grounds for denial of a license the requirement that an applicant be of "good moral character or repute";applying the ineligibility provisions also to a JYMME JEANNETTE BARK parent company of an applicant; 414 NOTARY PUBUC MINNESOTA and revising and reorganizing the subdivisions for procedural N ary ublic r MY COMMISSION EXPIRES 01I31123 consistency with other Chapter 5 licensing sections. Effective Date: This Ordinance shall take effect upon publication- Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta,City RATE INFORMATION Clerk (A full copy of the text of Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch this Ordinance is available from Maximum rate allowed by law for the above matter................................... $31.20 per column City Clerk.) (Published in the Eden Prairie inch Rate actually charged for the above matter............................................... $12.97 per News on Thursday,December 13, column inch 2018:Ng,A 62)