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HomeMy WebLinkAbout0530 ORDINANCE NO. s3o CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3 OF THE LAKEVII.LE CITY CODE BY ADDING CHAPI~R 16 CONCERNING LICENSING OF PERSONS WHO. ADMINISTER MASSAGES THE CITY COUNCII, OF THE CITY OF LAKEVILLE ORDAINS: action 1. Title 3 of the Lakeville City Code: is amended by adding Chapter 16 to read: 3-16-1: PURPOSE. Policy Statement. In order to protect the public health, safety, and welfare and to guard against .the inception and transmission of disease, the City Council deems it necessary to provide for the regulation and licensing of persons who administer .massages. 3-16-2: 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 for the exclusive purpose of physical fitness, relaxation, beautification, and for no other purpose. Masseur:. A male person who practices or administers a massage. Masseuse: A female person who practices or administers a massage. 3-16-3: 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 16331 r08/10/94 or for hire, or for the exchange of .any valuable consideration without first having obtained a license as herein provided. 3-16-4; CONTENTS OF THE APPLICATION FOR LICENSE. A. Forms. Application shall be made on forms provided by the City Administrator B. Anvli ation. The application shall contain the following information together with any other information which the City Administrator may require: 1. Evidence of the applicant's training and certification by the American Massage Therapy Association. 2. Evidence of applicant's practical qualifications to practice massage.. 3. Evidence that the applicant is of good moral character. 4. The names and addresses of two persons who are residents of Dakota County and who can attest to the applicant's character. 5. 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. 6. Evidence that the applicant is at least eighteen (18) years of age. 3-16-5: GRAN'T'ING 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. Licenses shall be issued by the City Administrator. 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 for the succeeding year. All licenses shall be issued for a term expiring on December 31st following its issuance. 16331 r08/10/94 2 3-16-6: LICENSE AND INVESTIGATION FEES. The license and investigation fees shall be established by resolution of the City Council. 3-16-7: CONDITIONS GOVERNING ISSUANCE OF A LICENSE. A. Applicant. Licenses shall be issued only.. to persons of good moral character and repute and persons who are in good health and free from any communicable disease. B. Trainigi; and Certification. Licenses may be issued only to persons who have. completed at least one hundred (100) hours of training in massage and have been certified by the American Massage Therapy Association. C. Prior Offenses. Licenses may be issued only to persons free from convictions or offenses which involve moral turpitude or which relate directly to the person's ability, capacity, or fitness to perform the duties and discharge the responsibilities of the occupation. 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 maybe 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. 3-16-8: REVOCATION, SUSPENSION, OR NONRENEWAL OF LICENSE. The license may be revoked, suspended, or not renewed by the City Administrator by .showing that 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. § 4731 or Minn. Stat. § 16331 r08/10/94 3 152.02, barbiturates, hallucinogenic drugs, amphetamines, benzedrine, dexedrine, or other sedatives, depressants, stimulants, or tranquilizers. C. Engage in conduct involving moral turpitude or permitting or allowing.. others within their employ or agency to engage inconduct 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. Engaging in any conduct which would constitute grounds for refusal to issue a license herein. 3-16-9: EXCEPTIONS. This ordinance 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 Minn. Stat. 144.50 through 144.69. B. By a licensed nurse, licensed medical doctor, licensed podiatrist, licensed chiropractor, or other health care professional licensed by the State of Minnesota, or by someone employed by such an individual and working under their supervision.. tion 2. This ordinance shall be effective immediately upon. its passage and publication. ADOPTED this 15th day of August , 1994, by the City Council of the City of Lakeville. CITY OF LAKEVILLE BY: -C--a ~ ~ -tL~ TTEST: wane R. Zaun, a or Charlene Fnedges, ity Clerk 16331 r08/10/94 4 j'UBLIC NOTICE ORDINANCE NO. 530 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3 OF THE LAKEVILLE CITY CODE BY ADDING "CHAPTER 16 CONCERNING LICENSING OF PERSONS WHO ADMINISTER MASSAGES THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Rection 1. Title 3 of the Lakeville City Code is amended by adding Chapter 16 to read: 3-16-1: PURPOSE. Policy Statement. In order to protect the public health, safety, and welfare and to guard against the inception and transmission of disease, the City Coun- cil deems it necessary to provide for the regulation and licensing of persons who administer massages. 3-16-2: 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, tap- ping, or rolling of the body of another with the hands or objects for the exclusive purpose of physical fit- ness, relaxation, beautification, and for no other purpose. Masseur: A male person who practices or admin- isters a massage. to the person's ability, capacity, or fitness to perform the duties and discharge the responsi- bilities of the occupation. 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 is- sued only to persons who have fully and truth- fully answered all of the information requested in the application and have paid the full license fee and investigation fee. F. Me. Licenses may be issued only to persons eighteen (18) years of age or older. 3-16-8: REVOCATION, SUSPENSION, OR NONRENEWAL OF LICENSE. The license may be revoked, suspended, or not renewed by the City Administrator by showing that the licensee has engaged in any of the following conduct: A. Fraud, deception, or misrepresentation in con- nection with the securing of the license. 1 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. § 4731 or Minn. Stat. § 152.02, barbiturates, hallucino- genic drugs, amphetamines, benzedrine, dexedrine, or other sedatives, depressants, stimu- lants, or tranquilizers. sales asnoq-u! lavl 4 iva lit suss I rin„.S.10.10C luawdFiba ra pawio1amnefnueyv A'Ia.LvI( RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space: $11.00 per column inch. (2) Maximum rate allowed by law for the above matter: $11.00 per column inch. (3) Rate actually charged for the above matter: $6.20 per column inch. AFFIDAVIT OF PUBLICATION C. Engage in conduct involving moral turpitude or permitting or allowing others within their em- ploy 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 turpi- tude by any court of competent jurisdiction. E. Engaging in any conduct which would constitute grounds for refusal to issue a license herein. 3-16-9: EXCEPTIONS. This ordinance does not apply to: A. A person practicing massage at a hospital, nurs- ing home, or other institution for the hospitaliza- tion or care of human beings licensed under the provisions of Minn. Stat. §§ 144.50 through 144.69. B. By a licensed nurse, licensed medical doctor, licensed podiatrist, licensed chiropractor, or other health care professional licensed by the State of Minnesota, or by someone employed by such an individual and working under their supervision. rman , being duly sworn, It he/she is the publisher ;ent and employee of the e newspaper known as Times, and has full know- ; which are stated below: paper has complied with nents constituting quali- llified newspaper, as pro- esota Statute 331A.02, ;her applicable laws, as Section 2. This ordinance shall be effective immedi- ately upon its passage and publication. ADOPTED this 15th day of August, 1994, by the City Council of the City of Lakeville. L Ile Ord. 530 CITY OF LAKEVILLE BY: Duane R. Zaun, Mayor ATTEST: (s)Charlene Friedges,City Clerk (Published in the Lakeville Life & Times on August 22, 1994) ______ __ ________ad was cut from the col- umns of said newspaper, and was printed and published once on Monday, the 22nd day of August , 1994; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz BY: TITLE: Publisher Subscribed and sworn to before me on this 22nd day of August , 1994. Notary Public BARBARA J. GROSBERG NOTARY PUBLIC - MINNESOTA SCOTT COUNTY N.v ccrnmission expires l-1- 7