ORD 423 Therapeutic Massage LicensingCITY C}FMENDOTAHEIGHTS
Dakota County, Minnesota
Ordinance No. 423
AN ORDINANCE AMENDING TITLE 3OF THE CITY CODE, ADDING PROVISIONS
FOR THERAPEUTIC MASSAGE ENTERPRISES AND THERAPEUTIC MASSAGE
LICENSING
The City Council Of the City Of Mendota Heights, K8iOOeSOt8ond8iOa88hJ||OVvS:
SECTION 1 Title 3Of the Mendota Heights City Code iS hereby amended tOadd
Chapter Oto [88d as follows:
THERAPEUTIC MASSAGE ENTERPRISES
3-6-1: DEFINITIONS:
/\s used in this chapter, the terms defined iO this section shall have the following
meanings ascribed tnthem:
ENTERPRISE: Operation of a therapeutic massage business or therapeutic massage
services.
MASSAGE SERVICES: A business or person offering or providing therapeutic
massages tO others where 8 fee iS charged directly or. indirectly.
MASSAGE THERAPIST: A person who practices or administers therapeutic massage
and has completed a minimum of 100 hours of certified therapeutic massage training
from 8O approved school recognized bV8 national O[ state professional therapeutic
massage organization.
THERAPEUTIC MASSAGE: The rubbing, stroking, kneading, tapping, or rolling of the
body 0f another with the hands o[ objects for the exclusive purpose nf physical fitness,
relaxation, D[ beautification, and for Oo other purpose.
THERAPEUTIC MASSAGE BUSINESS: Any establishment O[ place providing tOthe
public at large therapeutic massage services, other than a hospital, sanitarium, rest
hODle. OU[SiOg hODle, boarding hODle. or other institution for the hospitalization or C8ne Of
human beings, duly licensed under the provisions of Minnesota statutes, sections 144.50
through 144.09.
No person shall provide massage services or engage in the business of operating on
"eOterphSe" defined iO section 3-15-1 Of this chapter, either exclusively O[iOconnection
with any other business enterprise, without first obtaining a license issued by the cdv.A
therapeutic massage enterprise having 8O establishment 0[ location within the city must
meet all of the requirements of Title 12 of this code. An applicant having an
establishment within the city must apply for 8 license for the premises. Each individual
who provides massage services 8t the licensed premises must obtain 8Dindividual
|iC8DSe.
3-6'3: LICENSING REQUIREMENTS:
(A) Application: /\O application for g license must bemade oD8form provided bv the city
clerk. The city administrator or designee shall approve the issuance of a license by
the city clerk to an applicant within thirty (30) days after receipt of an application
unless the administrator finds one D[ more Of the following tObe true:
1.AO applicant is under eighteen (18) years Ofage.
2. An applicant is overdue in his payment to the city of taxes, fees, fines, or penalties
assessed against him or imposed upon him in relation to a therapeutic massage
business.
3.AOapplicant has failed tD provide information reasonably necessary for issuance of
the license O[ has falsely answered @ question or request for information ODthe
application form.
4. An applicant has been convicted of a violation of a provision of this chapter, other than
the offense of operating an "enterprise" described in section 3-15-1 of this chapter
without license, V[8 related state |aVV. within two /2\ years immediately preceding
the application.
5. If the application is for o therapeutic Dleoo8Qe enterprise having an establishment or
location within the city, the premises tObe used for the enterprise has not been
approved by the appropriate city personnel as being in compliance with applicable
l8VVS and ordinances.
6. The proposed location Of the enterprise does not meet all of the requirements ofTitle
12Of this code.
Y. The license fee required by this chapter has not been paid.
O.AD applicant has been convicted Cfa felony within five (5) years Of the date 8D
application for 8 license iS filed with the city.
9. An applicant cannot document at least one hundred (100) hours of certified
therapeutic massage training from an approved school recognized by a national or
state professional therapeutic massage organization.
/EJ\ Applicant: |f@ p8[S0D who wishes to operate an "enterprise" as described in section
3-6-1 of this chapter is an iDdividU8|, the individual [OUSt sign the application for 8
license 8S applicant. |foO applicant is other than 8O individual, each individual who
has a ten percent (10%) or greater interest in the business must sign the application
for license as applicant. Each applicant [OUSt be qualified under this section and
shall be considered e licensee ife license iagranted.
(C) Conviction Appeal: The fact that a conviction is being appealed shall have no effect
oO the disqualification of the applicant.
3-8-4' LICENSE FEES' LICENSE INVESTIGATION FEES;
The annual fee for o license and the investigation feefO[thepU[pOe8Ofestob|ishiOg8
licensed enterprise shall be established from time to time by resolution of the city
council. In the event that the license is denied upon application, the license fee shall be
refunded; however, Oo part Of the license investigation fee shall bR returned tOthe
applicant. NO part of the 8OOU8| license fee shall be refunded if the license is suspended,
revoked O[ discontinued. The initial license fee may be prorated.
3-6-5: INSPECTION:
An applicant or licensee shall permit appropriate city personnel or its authorized
representatives and agents to inspect the licensed premises for the purpose of ensuring
compliance with the law, at any time the business is occupied or open for business.
Upon request of the city administrator, police chief or other city personnel, any applicant
o[ licensee shall promptly provide evidence of compliance with the requirements outlined
in sections 3-6-1 through 3-6-9 of this chapter.
3-6-6: GROUNDS FOR SUSPENSION OR REVOCATION:
/AJ Suspension: The city administrator Or designee sh8]|SUspBDda license for @period
not t0 exceed thirty(30)days if the administrator O[ designee determines that 8
licensee o[nn employee ofa licensee has:
1. Violated any provisions of this chapter;
2. Engaged in excessive use of alcoholic beverages or use of illegal drugs while on the
|iCeD88d premises, or while performing therapeutic 08SS8Qe SerV|C8S;
3. Refused to a||OVx an )DSpR[tioO of the |iC8DSed premises or provide requested
evidence Of compliance 8S authorized by this chapter;
4. [>8[DOOet[8t8d inability to operate O[ manage the enterprise in 8 peaceful and |eVV
abiding manner thus necessitating action by law enforcement officers.
/B\ Revocation: The city administrator shall revoke a license if8 cause Of suspension iD
subsection (A)of this section occurs and the license has been suspended within the
preceding twelve (12) OnOOthG. o[if the city administrator o[ designee determines
1.A licensee gave false o[ misleading information iD the material submitted during the
application process;
2. A licensee or an employee has knowingly allowed possession, use, or sale of
controlled substances on the premises;
3.A licensee O[aO employee knowingly operated the enterprise during a period Dftime
when the licensee's license was suspended;
4. Any violation ofany requirement set forth iD section �6-3 of this chapter;
5. A licensee is delinquent in payment to the city for ad valorem taxes or other taxes or
fees related to the enterprise.
(C) Additional Requirement: The city council may base denial, suspension, revocation,
or DOOFeOmvV8| of license upon any adddUVD8| grounds which they noey, in their sole
discretion, impose.
(D) Conviction Appeal: The fact that a conviction is being appealed shall have no effect
OD the revocation Df the license.
3-6-7: APPEAL:
(A) Notice Of Action: If the city administrator OF designee denies the issuance Of 8
license, or suspends or revokes a license, the administrator or designee shall send
to the 8pp|io8Dt. or licensee, by certified OO@i|. [9[UOl receipt requested, written O[tiuB
of the action. The xv[ittBO notice Sh@U also provide notice of the applicant or
licensee's Right to an appeal the denial, suspension or revocation to the city council.
The aggrieved party may appeal the decision of the city administrator or designee by
filing 8 notice of appeal, iO writing, within ten (10) days of receiving written notice Of
the city's action. The filing Of an appeal stays the action of the City edDliDist[8tO[ or
designee in suspending or revoking a license until the city council makes a final
decision.
/ED Hearing: The city council shall hold a hearing ho consider the appeal. /\o8O
alternative, the council may appoint a committee of the council or an independent
hearing officer to conduct the hearing in which case, the committee or the hearing
officer shall report findings Of fact and 8 recommendation of disposition [o the city
COUOci|. Hearings DD the appeal shall be open tothe public and the |iuBDGee or
applicant shall have the right to appear and be represented by legal counsel and to
offer evidence in its behalf. At the conclusion of the hearing, the city council shall
make 8 final decision oOthe appeal.
3-6-8: EXPIRATION OF LICENSE:
/Aj Each renewal license shall b8 issued for gmaximum period Of one year. All licenses
expire OD June 30 of each y88[ Each license may be renewed only by OloNOg
application as provided in section 3-6-3 of this chapter.
/B\ When the city administrator D[ designee denies renewal nf8 license, the aooiC@[d
shall not be issued a license unless the city administrator or designee finds that the
basis for denial of the [8DeVV8| license has been CO[neCt8d or abated, and ninety (90)
days have elapsed since the date denial became final.
3-6-9: RESTRICTIONS AND REGULATIONS:
/Aj Compliance With Law: The licensee and any person in his/her employ O[ agents Or
officers thereof and any and all persons with an interest in said business shall
comply with applicable ordinances, FBQU|stiOOs. and |avVo of the city, the state of
MiDOesot8, and the United States.
/BA Hours Of Operation: Licensees or employees of licensees shall not perform
massages nor shall massage patrons be permitted on the licensed premises, if any,
between the hOUnS of ten o'clock (10:00) P.M. and eight O'C|OCk /8:00\ A.M.
(C) Posting Of License: The license, if granted, shall state on its face the name of the
person or persons to whom it is granted, the expiration date, and the address of the
licensed premises. The license shall be posted in a conspicuous place at or near the
entrance to the licensed premises so that it may be easily read at any time. An
individual licensed pursuant to this chapter shall have their license iOtheir
possession ot all times.
(D) Transfer Of License Prohibited: A licensee shall not transfer his/her license to
another, nor shall 8 licensee change the location of8O enterprise under the authority
of a license without providing the city with notice of a change in location prior to such
Gch8nge oCCU[TiOg.
SECTION 3 This Ordinance shall be in full force and effect from and after its
publication according to law.
Adopted and ordained into an Ordinance this 19th day of May, 2009.
ATTEST:
Kdthleen M. Swanson, City Clerk
CITY COUNCIL
CITY OF MEND�TA HB HTG
By
Joh6.'A&1-91y'6-r'