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Home My WebLink About2.f. Massage OrdinanceCITY OF ROSEMOUNT EXECUTIVE SUN04ARY FOR DISCUSSION COMMITTEE OF THE WHOLE DATE; MAY 10, 2000 AGENDA ITEM: MASSAGE ORDINANCE AGENDA NO. DISCUSSION PREPARED BY: THOMAS D. BURT, CITY ADMINISTRATOR . ITM,ji ATTACHMENTS: LETTERS, MEMO from BOB VOSE, SHAKOPEE' S ORD., ROSEMOUNT' S ORDINANCE Massage therapy has become increasingly popular. The Bovitz Family Chiropractic Center has requested that staff and City Council look at changing the Rosemount City Code so that he may be able to afford having a massage therapist in by appointment. We had our City Attorney review the Ordinance and he has produced the attached proposed ordinance. By updating the licensing restrictions on therapeutic massage enterprises and therapists, the City could minimize the risks while promoting a legitimate, taxable business activity providing a valuable service." Mr. Bovitz' letter has a survey of surrounding cities with fees that range from $25 to $75 per year. Please review the Ordinance and give staff direction on what changes you might consider. j.►rl� �a } BOVITZ FAMILY CHMOPRACIrIC Chippendale Center 35076 Chippendale Avenue Rosemount, MN 55068 651-322 -7002 City of Rosemount ATTN: Mayor - Cathy Busho, City Administrator - Tom Burt 2875 145' St W Rosemount, MN 55068 January 5, 2000 Dear Ms. Busho & Mr. Burt, It has come to my attention that the ordinance regarding massage therapy contains several outdated aspects. When comparing our ordinance to the ordinances of the surrounding communities some differences were noted. 5pecifically, the fee for licensure in Rosemount is extremely high. I have provided a list of the surrounding communities and the fees they require below. The fees should be lowered to be in line with the fees of the surrounding communities. The other point needed to be looked at and re- assessed is the requirement that male massage therapists massage only male clients, and female massage therapists only massage female clients (3 -28-4: 8-11). In this day and age, massage therapy has become a respected profession that provides a unique and needed service to the communities it serves. There may have been a need for the strict ordinance, but times- have changed. There is no restriction like this in any of the cities surveyed. Rosemount - $300 /yr licensure $500 initial investigation with$250 investigation fee /yr thereafter Totaling $550 /yr for licensure Apple Valley - Exempt from licensing fees (if located in a chiropractic office) Burnsville - One time $100 investigation fee & $75 license /year Lakeville - $100 first time license, $25 annually thereafter Eagan - One time $150 investigation fee, $50 license /yr Farmington - One time $200 investigation fee, $50 license /yr Please review the ordinance and make the applicable changes. I realize the City Council must vote to change the ordinance, but I hope this can be done in an expedient manner. Respectfully yours, RECEIVED f D C- Jffi - 7 1999 CITY OF ROSEMOUNT o- CITY OF ROSEMOUNT ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 3, CHAPTER 2, ARTICLE B, CONCERNING SAUNAS AND MASSAGE PARLORS THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS AS FOLLOWS: Section 1. Rosemount City Code, Section 3 -2B -2 Definitions, is amended by deleting the term "MASSEUR and MASSUSE" and replacing it with the following: MASSAGE THERAPIST A person who practices massage. The practice of massage is distinct from the practice of medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry and persons duly licensed or registered in this State to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, nurses who work solely under the direction of any such persons, athletic directors and trainers are expressly excluded from the provisions of this Article. Duly licensed beauty culturists and barbers who do not provide, or hold themselves out to provide, massage or massage services, as defined herein, other than is customarily given in such shops or places of business, for the purposes of beautification only, are also excluded from these provisions. Section 2. Rosemount City Code, Section 3 -211-2 Definitions, is amended by replacing the definition of the term "RECOGNIZED SCHOOL' with the following: Any school or institution of learning which: a) teaches the theory and method of massage, including Swedish, Esalen, Shiatsu, and/or Foot Reflexology techniques, anatomy instruction such as skeletal and muscular structure and organ location, and hygene; b) requires a resident course of study of not less than one hundred (100) hours before a student shall be _furnished with a diploma or certificate of graduation from a massage program, and; c) has been licensed by the State of Minnesota or is accredited by the International Massage and Somatic Therapies Accreditation Council (IMSTAC), 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 Section 3. Rosemount City Code, Section 3 -211-3, paragraph B.4.d., is amended to read as follows: Has not received a diploma or certificate of graduation from a recognized school demonstrating completion of a massage program. Section 4. Rosemount City Code, Section 3-2B-4, is amended by the addition of new paragraph A.3. which reads as follows: R.TN-178347v1 RS215 -1 Licensee Insurance. All business and personal service licensees shall maintain current insurance coverage of at least one million dollars ($1,000,000) for professional liability in the practice of massage. Section 5. Rosemount City Code, Section 3 -213-4, paragraph B.12, is amended to read as follows: Only a licensed massage therapist shall be permitted to massage customers. Section 6. Rosemount City Code, Section 3 -213-4, paragraph B.14, is amended to read as follows: Massage therapists shall ensure that customers' genitals and the breasts of female customers remain covered during massages. Massage therapists shall remain fully clothed while practicing massage. Section 7. Rosemount City Code, Section 3 -213-4, paragraph B.15, is amended to read as follows: Massage therapists shall not touch or massage the genitals of a customer or the breasts of a female customer. Massages shall not be administered on a call -out basis. Massages shall be given solely within the licensed establishment. Section 8. Rosemount City Code, Section 3 -213-6, is amended to read as follows: MASSAGE THERAPISTS; REGISTRATION: A. All licensed sauna and/or massage parlors shall furnish the Police Department with a list of current employees, indicating the names, addresses and which employees are practicing massage as part of their duties. The licensee shall promptly notify the Police Department of any change in the list. B. No licensed sauna and/or massage parlors shall be open for business unless and until any massage therapists employed in the business have first complied with the registration requirements of this Article. Massage therapists employed in any such business shall display a registration certificate in a prominent place on the licensed premises. Section 9. This ordinance shall be effective the day following its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this day of 2000. CITY OF ROSEMOUNT Cathy Busho, Mayor tuv- 178347vi xs215 -1 s Q ATTEST: Linda Jentink, City Clerk Published in the Rosemount Town Pages this day of 2000. RN- 178347x1 RS215-1