HomeMy WebLinkAbout7.a. Amendment of City Code 3-2B: Saunas and Massage ParlorsCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: October 21, 2003
AGENDA ITEM: Amendment of City Code 3 -213: Saunas and
Massage Parlors
AGENDA SECTION:
Old Business
PREPARED BY: Gary D. Kalstabakken, Chief of Police
AGEN O•
7
ATTACHMENTS: Ordinance Amendment
APPROVED BY:
Council is asked to consider amending the city code, which regulates saunas and massage parlors, including
massage therapists. This item was previously brought before Council with an amendment allowing massage
therapists to work within a health fitness center. Council directed staff to further review the ordinance to lessen
the restrictions on massages therapists.
The proposed amendments to the ordinance are significant; the changes reflect a shift from treating massage and
massage parlors as a probable front for prostitution or other related illegal activities to treating massage therapy
as a bona fide service provided by trained massage practitioners. Massage practitioners will be required to be
licensed by the city and licensure is contingent upon the applicant providing proof of qualifications to practice
massage therapy and to submit to a check of the applicant's criminal history.
The proposed amendment does require the applicant to list a specific location where massage therapy will be
performed. This provision is common in the majority of metropolitan cities that have similar ordinances.
However, a Rosemount resident and massage practitioner has requested that the proposed ordinance be
amended to allow a licensed massage therapist to provide services on an outcall basis. In other words, the
massage practitioner would travel to clients' homes, business's or other locations to perform massage therapy.
This is a policy decision that Council must give direction to staff on before the ordinance amendments are
adopted.
If this ordinance amendment is adopted, a separate ordinance will be brought back to Council to address
Saunas. The current ordinance also regulates saunas but the proposed amendment only regulates massage
services.
RECOMMENDED ACTION: First reading of ordinance amendments for Council discussion.
COUNCIL ACTION:
CITY OF ROSEMOUNT
ORDINANCE NO.
AN ORDINANCE RELATING TO SAUNAS AND MASSAGE PARLORS;
AMENDING ROSEMOUNT CODE 3 -213
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS
AS FOLLOWS:
Section 1. City Code 3 -213 is amended by deleting all of the current sections and
replacing with the following language:
3 -2B -1: PURPOSE: The purpose of this ordinance is to protect the public health,
safety and welfare. The City Council deems it necessary to provide for the regulation and
licensing of persons who administer massages.
3 -213-2: DEFINITIONS: As used in this Chapter, the terms defined in this
Section shall have the following meanings ascribed to them:
MASSAGE: The rubbing, stroking, kneading, tapping or rolling of the body of another
with the hands or objects.
MASSAGE
PRACTITIONER: A person who practices or administers a massage.
3 -2B -3: LICENSE PROVISIONS AND FEES:
A. License Required: No person shall engage in or hold himself or herself out as
being engaged in the practice of massage nor shall any person administer or
practice massage commercially or for hire, or for the exchange of any valuable
consideration without first having obtained a license as herein provided.
B. Contents of the Application:
a. Forms: Application shall be made on forms provided by the City Clerk.
b. Application: The application shall contain the following information
together with any other information that the City Administrator or
designee may require:
i. Evidence of the applicant's certification by the National
Certification Board for Therapeutic Massage and Bodywork or
comparable national or regional organization or evidence of
applicant's practical qualifications to practice massage.
ii. Evidence that the applicant is of good moral character.
iii. The names and addresses of two (2) persons not related to the
applicant who are residents of Dakota County and who can attest
to the applicant's character.
iv. Statement disclosing whether the applicant has ever been convicted
of a crime or offense and, if so, information as to the time, place
and nature of such crime or offense.
v. Evidence that the applicant is at least eighteen (18) years of age.
vi. The street address at which massages will be performed.
C. License and Investigation Fees: The license and investigation fees shall be
established by resolution of the City Council.
3 -2B -4: LICENSEE RESPONSIBILITY, CONDITIONS OF LICENSE
A. The license shall be displayed in the licensee's place of business. If massages are
authorized off - premises, the licensee shall carry the license and display it upon
the request of a police officer, code enforcement official or other city official
authorized to enforce this chapter.
B. Persons administering massage shall remain fully clothed while administering
massage.
C. Massage therapists shall not touch or massage the genitals of a client or the
breasts of a female client or so massage the client as to cause sexual arousal.
D. The licensee shall maintain the licensed premises in compliance with the
applicable health, safety and building regulations of the city.
E. No licensee shall perform or offer to perform massage services within the city
while the massage license is under suspension or revocation by the city council.
3 -213-5: GRANTING OR DENIAL OF LICENSES AND CERTIFICATES:
A. Application Review: License applications shall be reviewed by the Police
Department and such other departments as the City Administrator shall deem
necessary. At the time of the application, the applicant shall, in writing, authorize the
Police Department to investigate the facts set out in the application and conduct a
criminal history check on the applicant. Licenses shall be issued by the City
Administrator or designee. If the City Administrator refuses to issue a license, the
decision may be appealed to the City Council.
B. Term Of License: A license permitting the holder thereof to practice or administer
massage commercially is nonrenewable and nontransferable and application must be
made each year for a license permitting and allowing the holder thereof to administer
or practice massage therapy for the succeeding year. All licenses shall be issued for a
term expiring on December 31 following its issuance.
3 -213-6: CONDITIONS GOVERNING ISSUANCE OF A LICENSE:
A. Applicant: Licenses shall be issued only to persons of good moral character and
repute.
B. Training And Certification: Licenses may be issued only to persons who have a
diploma or certificate demonstrating that they have completed at least five hundred
(500) hours of training from either a school approved by the American Massage
Therapy Association or similar reputable massage association, or from a school that is
either accredited by a recognized education accrediting association or agency, or is
licensed by the State or government agency having jurisdiction over the school, or a
certificate from the National Certification for Therapeutic Massage and Bodywork.
C. Prior Offenses: Licenses may be issued only to persons who are free from
convictions or offenses that involve moral turpitude or that relate directly to the
person's ability, capacity or fitness to perform the duties and discharge the
responsibilities of the occupation, or who otherwise have shown evidence of
rehabilitation in accordance with Minnesota Statutes, Ch. 363.
D. Prior Revocation: Licenses may not be issued to persons who, within one year
prior to the date of application, have been denied licensing or who have had their
license revoked or suspended by any community, political entity or by the State of
Minnesota.
E. Cooperation Of Applicant: Licenses may be issued only to persons who have fully
and truthfully answered all of the information requested in the application and have
paid the full license fee and investigation fee.
F. Age: Licenses may be issued only to persons eighteen (18) years of age or older.
3 -2B -7: REVOCATION, SUSPENSION OR NONRENEWAL OF LICENSE:
The license may be revoked, suspended or not renewed by the City Administrator if the
licensee has engaged in any of the following conduct:
A. Fraud, deception or misrepresentation in connection with the securing of the
license.
B. Habitual drunkenness or intemperance in the use of drugs, including, but not
limited to, the use of drugs defined in either 26 U.S.C. section 4731 or Minnesota
Statutes section 152.02, barbiturates, hallucinogenic drugs, amphetamines,
benzedrine, dexedrine, or other sedatives, depressants, stimulants or tranquilizers.
C. Conduct involving moral turpitude or permitting or allowing others within their
employ or agency to engage in conduct involving moral turpitude or failing to prevent
agents, officers or employees from engaging in conduct involving moral turpitude.
D. Conviction of an offense involving moral turpitude by any court of competent
jurisdiction.
E. Conduct that would constitute grounds for refusal to issue a license herein.
F. Violating any provision of this chapter.
3 -2B -8: EXCEPTIONS:
This Chapter does not apply to:
A. A person practicing massage at a hospital, nursing home or other institution for
the hospitalization or care of human beings licensed under the provisions of
Minnesota Statutes sections 144.50 through 144.69.
B. A licensed nurse, licensed medical doctor, licensed podiatrist, license chiropractor
or other health care professional licensed by the State, or someone employed by
such an individual and working under his or her supervision.
C. A person who administers massage when the person is in training under the
guidance of an instructor and the instructor is licensed.
D. Barbers and cosmetologists who do not give, or hold themselves out to give,
massages as defined herein, other than is customarily given in the course of their
duties for the purpose of beautification.
3 -2B -9: LOCATION OF MASSAGE:
It is unlawful for a licensed massage practitioner to perform a massage except at a
location or locations in the City stated on the license application or a location approved
upon application to the City Clerk.
Section 2. This Ordinance shall be effective following its passage and publication.
ADOPTED this day of
Rosemount.
2003 by the City Council of the City of
William Droste, Mayor
ATTEST:
Linda Jentink, City Clerk