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HomeMy WebLinkAboutItem 10November 15, 2012 Item No. ORDINANCE AMENDING THE CITY CODE CONCERNING MASSAGE THERAPY CENTER LICENSE Proposed Action Staff recommends adoption of the following motion: Adopt ordinance amending Title 3 of the Lakeville City Code concerning the licensing of massage therapy centers• and approve resolution establishing license fee. Passage of this motion would require non - exempt massage therapy centers to obtain an annual license at a fee of $25 plus $100 for the background investigation. Overview A proposed ordinance concerning massage therapy center licensing was considered at the Council's September 24 work session. Copies of the proposed ordinance were mailed to businesses that have one or more massage therapists licensed to practice massage. Businesses were informed that if they meet the listed criteria for license exceptions, they would not be required to obtain a massage therapy center license. Some of the types of businesses that are exempt include chiropractic and health care facilities, athletic trainers and beauty salons. Primary Issues to Consider • List of businesses who were notified of the proposed ordinance (attached) • Have any businesses expressed opposition to the proposed ordinance? The owner of Green Lotus Yoga & Healing Center indicated thatshe felt her business, defined as an integrated complementaryhealing center, should be exemptfrom licensing. Supporting Information • Ordinance amending Title 3 of the City Code • Resolution establishing massage therapy center license fee Charlene Friedges, Financial Impact: $_minimal Budgeted: Y/N _N_ Source: General Fund_ Related Documents (CIP, ERP, etc.): Notes: Lifetime Fitness Pamper the Soul Massage 18425 Dodd Boulevard 16372 Kenrick Avenue Lakeville, MN 55044 Lakeville, MN 55044 Rozmarin Family Chiropractic Tigh Tan & Skin Spa 18476 Kenrick Avenue 18437 Orchard Trail Lakeville, MN 55044 Lakeville, MN 55044 Green Lotus Yoga & Healing Center Grabski Bodyworks, Inc. 18480 Kenyon Avenue 18476 Kenrick Avenue Lakeville, MN 55044 Lakeville, MN 55044 Studio Bodair Belle Ami Salon & Spa 16291 Ipava Avenue 20730 Holyoke Avenue Lakeville, MN 55044 Lakeville, MN 55044 Optimal Health Liv I "Iealth Center 20730 Holyoke Avenue 16372 Kenrick Avenue #34 Suite 210 Lakeville, MN 55044 Lakeville, MN 55044 Interstate Chiropractic & Massage Body & Sol Aveda 11276 W. 210 Street #104 17640 Kenwood Trail Lakeville, MN 55044 Lakeville, MN 55044 Lake Marion Chiropractic Life Wellness Center 9202 — 202" Street W. 10551 — 165'' Street W. Lakeville, MN 55044 Lakeville, MN 55044 Keep in Balance Massage 20779 Holyoke Avenue Lakeville, MN 55044 ORDINANCE NO. CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3 OF THE LAKEVILLE CITY CODE CONCERNING LICENSING MASSAGE THERAPY CENTERS THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: SECTION 1 . Title 3 of the Lakeville City Code is amended by adding Chapter 21 to provide: LICENSING MASSAGE THERAPY CENTERS 3 -21 -1 POLICY; LICENSE REQUIRED; EXCEPTIONS: A. Findings; Policy. Massage Therapy Centers are subject to abuses which are contrary to the morals, health, safety and general welfare of the community. Control of these abuses requires intensive efforts of the Police Department, as well as other departments of the City. These efforts exceed those required to control and regulate other business activities licensed by the City. This concentrated use of City services tends to detract from and reduce the level of service available to the rest of the community and thereby diminishes the ability of the City to promote the general health, welfare, morals and safety of the community. B. General Rule. No person shall operate a Massage Therapy Center, either exclusively or in connection with any other business, without being licensed as provided in this Chapter. C. Exceptions. License Exceptions. The following people and businesses are exempt from the provisions of this Chapter while performing activities covered by their professional licenses or professional affiliations: a. People licensed by the state of Minnesota to practice medicine, surgery, osteopathy, chiropractic, physical therapy, occupational therapy, podiatry, and nursing, and people working solely for and under the direction of those individuals; Doc. #166458v. I RINK 9/19/2012 b. Athletic trainers, certified by the National Association of Athletic Trainers (NAAT), when working with an amateur, semiprofessional or professional athlete or athletic team; C. Beauty culturists and barbers licensed by the state of .Minnesota who do not hold themselves out to give massages, other than that customarily given in the field and limited to the face, neck and scalp for beautification purposes only; and d. Health care facilities. A person or organization providing temporary massage services such as "chair massage" is not required to obtain a massage business license if the following requirements are in Pt' 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. Massages are offered at the location no more than ten (10) days per calendar year; d. Each recipient of a massage remains in an upright position, either sitting or standing; and e. Each recipient of a massage remains in the nonnal daytime attire worn when entering the business and does not remove any clothing, except outerwear such as a coat or jacket. 3 -21 -2 DEFINITIONS: As used in this Chapter, the terms defined in this Section shall have the following meanings ascribed to them: Health Care Facility: means a person, association, business, organization or institution providing medical, surgical, dental, chiropractic, osteopathic or physical therapy services whCrC pra ai "C licensed by the StaL Gf iviinr'ieSO tfl.. Massage Therapy Center: means any premises in which Massage Therapy is practiced, except a residence of the Massage Therapist that is used only by that Massage Therapist for the practice of Massage Therapy at the residence. 3 -21 -3 TERM OF LICENSE: A. License Period, Expiration. Each renewal license shall be issued for a maximum period of one (1) year. All licenses expire on December 31 of each year. Doe. #166458v.1 RNK: 9/19/2012 B. Time of Making Application. Applications for the renewal of an existing license shall be made at least sixty (60) days prior to the date of the expiration of the license, and shall state that everything in the prior applications remains true and correct, except as other- wise indicated. If, in the judgment of the Council, good and sufficient cause is shown by any applicant for his failure to file for a renewal within the time period provided, the Council may, if the other provisions of this Chapter are complied with, grant the application. 3 -21 -4 LICENSE; APPLICATION: Application for a Massage Therapy Center license shall be made on forms provided by the City Clerk. The application shall contain: A. A description of the property to be used; B. The n a addresses of the owner, I rf ally, and the operator Cr manag:°'i; C. The names, residences and addresses of two (2) persons, residents of Dakota County, who may be referred to as to the applicant's, the manager's or operator's character; D. Whether the applicant, manager or operator has ever been convicted of a crime or offense other than a traffic offense and, if so, information as to the time, place, and nature of such crime or offense; and E. Such other information as the City Clerk may require. If the application is made on behalf of a corporation or a partnership, it shall be accompanied by appropriate business records snowing the narries and addresses of all individuals having an interest in the business and, in the case of a corporation, the names and addresses of the officers and shareholders. Applicants shall furnish to the City with their application documents establishing the applicant's interest in the premises on which the business will be located. Documentation shall be in the form of a lease, a deed, a contract for deed or any other document which establishes the applicant's interest. The application for license shall be signed and sworn to. If the application is by a natural person, it shall be signed and sworn to by such person; if by a partnership, by one of the partners; and if by an unincorporated association, by the manager or managing officer thereof. 2 -21 -55 LICENSE AND INVESTIGATION F The 1ree,.Se and riVeStig"ations i shall be established by resolution of the City Council. The application, investigation, and license fees shall be paid when the application is filed. In the event that the application is denied or if the issued license is revoked, canceled, suspended or surrendered, no part of the license fee shall be returned to the applicant unless by City Council action. A separate license shall be obtained for each place of business. The licensee shall display the license in a prominent place in the licensed business at all times. 3 -21 -6 GRANTING OR DENIAL OF LICENSES: License applications shall be reviewed by the Police Department, Building Inspector, and Planning Department. The review shall include an inspection of the premises covered by the application to determine whether the premises Doc. #166458v.1 RNK: 9/19/2012 conform to all requirements of this Chapter and the City Code. Licenses shall be granted or denied by the City Administrator subject to the provisions of this Chapter. 3 -21 -7 CONDITIONS GOVERNING ISSUANCE: A. No license shall be issued if the applicant or any of its owners, managers, employees or agents is a person of bad repute. B. Licenses shall be issued only if the applicant and all of its owners, managers, employees and agents are free of convictions for offenses which involve moral turpitude or which relate directly to such person's ability, capacity or fitness to perform the duties and discharge the responsibilities of the licensed activity. C. Licenses shall be issued only to applicants who have not, within one (1) year prior to the date of application, been denied licensure or who have not within such period had a same or similar license revoked. D. Licenses shall be issued only to applicants who have provided all of the information requested in the application, have paid the full license fee and have cooperated with the City in review of the application. E. If the applicant is a natural person, a license shall be granted only if such person is eighteen (18) years of age or older. F. Licenses may be granted only for locations allowed by the Zoning Ordinance. Licenses shall be granted only to establishments which meet the safety, sanitary and building code requirements of the State and City. 3 -21 -8 RESTRICTIONS AND REGULATIONS: A. Compliance with Law. The licensee and the persons in its employ shall comply with all applicable regulations and laws of the City and State relating to safety and morals. B. Person in Charge; Manager. If the licensee is a partnership or a corporation, the applicant shall designate a person to be manager and in responsible charge of the business. The manager shall remain responsible for the conrl„et of the hminesa until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the Police Department in writing of any such change, indicating the name and address of the new manager and the effective date of such change. C. Massage Therapists. The licensee shall furnish the Police Department with a list of massage therapists working at the licensee, indicating their names and addresses. The licensee shall promptly notify the Police Department of any change in the list. D. Hours. The licensed premises shall not be open for business nor shall patrons be permitted on the premises between the hours of 1:00 a.m. and 6:00 a.m. Doc. #166458v.1 RNK: 9/19/2012 E. Inspection. The licensee shall permit and allow the inspection of the premises during business hours by all appropriate City employees. F. Identification. Upon demand by any police officer, any person employed in any licensed premises shall identify himself by giving his/her true legal name and his/her correct address. G. Minors. No person under eighteen (18) years of age shall be employed in an establishment requiring a license under the provisions of this Code. H. Massage Therapist. No Massage Therapy Center shall employ or use any person to give massage therapy unless such person is licensed by the City as a massage therapist. Any person acting as a Massage Therapist in any such Center shall have his /her certificate or a true copy thereof displayed in a prominent place in the premises. 3 -21 -9 CONSTRUCTION AND MAINTENANCE REQUIREMENTS: A. Restroonrs. All restrooms shall be provided with mechanical ventilation with two (2) cfm per square foot of floor area, a hand washing sink equipped with hot and cold running water under pressure, sanitary towels and a soap dispenser. B. Lighting. All rooms in the licensed premises, including but not limited to massage rooms, restrooms, bathrooms, janitor's closet, hallways, reception areas and any room used by customers, shall be illuminated with not less than thirty (30) foot candles of illumination. C. Cleaning Supplies. Each establishment shall have ajanitor's closet which shall provide for the storage of cleaning supplies. D. Lockers. Individual lockers may be made available for use by patrons of massage therapy businesses. Such lockers shall have separate keys for locking. E. Refuse. Such establishments shall provide adequate refuse receptacles which shall be emptied as required. Door Locks. The doors to the individual massage rooms may be equipped with locking devices and shall not be blocked or obstructed fi either side. Door locks shall be used only at the request of the patron. 3 -21 -10 REVOCATION AND SUSPENSION OF LICENSE: The license may be revoked, suspended or not renewed by the City Council upon a showing that the licensee, its owner, manager, employee or agent has engaged in any of the following conduct: A. Fraud, deception or misrepresentation in connection with the securing of the license. Doe, 916645Sv.1 RNK: 9/19/2012 B. Habitual drunkenness or intemperance in the use of drugs, including but not limited to the use of drugs defined in either Federal or State laws, barbiturates, hallucinogenic drugs, amphetamines, benzedrine, dexzdrine or other sedatives, depressants, stimulants or tranquilizers. C. Conduct inimical to the interests of the public health, safety, welfare or morals. D. Acts demonstrating or involving moral turpitude. E. Failure to fully comply with the requirements of this Chapter. F. Conviction of prostitution or other offense involving moral turpitude by any court of competent jurisdiction. G. Engaging in any conduct which would constitute grounds for refusal to issue a license under this Chapter. SECTION 2 . This ordinance shall be effective immediately upon its passage and publication. ADOPTED this day of 2012, by the City Council of the City of Lakeville. CITY OF LAKEVILLE C Mark Bellows, Mayor ATTEST: Charlene Friedges, City Clerk Doe. 4166458v.1 RNK: 9/19/2012 CITY OF LAKEVILLE RESOLUTION NO. RESOLUTION ADOPTING FEES MASSAGE THERAPY CENTER LICENSE WHEREAS, the City Council has adopted an ordinance that requires the licensing of massage therapy centers, effective January 1, 2013; and WHEREAS, the City Council has considered a license ice that is consistent with the fee currently charged for the individual massage therapist license. NOW, THEREFORE, BE IT RESOLVED that the annual license fee for a massage therapy center shall be $25 plus a $100 investigation fee. BE IT FURTHER RESOLVED that the investigation fee shall be waived for businesses that have massage therapists currently licensed by the City. DATED this 19 day of November, 2012 CITY OF LAKEVILLE M Mark Bellows, Mayor Charlene Friedges, City Clerk