HomeMy WebLinkAboutCity Council Ordinance 2020-13CITY OF PLYMOUTH
ORDINANCE NO. 2020-13
ORDINANCE AMENDING SECTIONS 1135, 1150, AND 1010
OF THE PLYMOUTH CITY CODE
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Amendment. Section 1135.05 under Definitions of the Plymouth City Code is hereby
amended as follows:
Massage Therapist. An individual who practices or administers massage to the public who can
demonstrate to the issuing authority that he or she:
1. Has current insurance coverage of $1,000,000.00 for professional liabi)�ity in the practice of
massage;
2. Is affiliated with, employed by, or owns a therapeutic massage enterprise licensed by the City;
3. Has completed 500 hours of certified therapeutic massage training with content that includes the
subjects of anatomy, physiology, hygiene, ethics, massage theory and research, and massage practice
from a program or institution licensed and verified bv a state licensin� board and that has been
approved by the issuing authority or who has successfully passed the National Certification
Examination for Therapeutic Massage and Bodywork. These training hours must be authenticated by
a single provider through a certified copy of the trenscript of academic record from the school issuing
the training, degree or diploma. In the event the accredited program or accredited institution is no
longer in existence, in the sole discretion of the City, a certi�ed copy of the transcript of academic
record may be accepted directly from the applicant with an affidavit stating said transcript of academic
record is authentic. The certi�ied copy of the transcript of academic record must contain the applicant's
name, last address of the institution at the time of closing, and reflect the 500 hours of certified
therapeutic massage training with content that includes the subjects of anatomy, physiology, hygiene,
ethics, massage theory and research, and massage practice as required.
SECTION 2. Amendment. Section 1135.13 of the Plymouth City Code concerning Therapeutic Massage
licensing is hereby amended as follows:
1135.13. - Terms, License Fees, Renewal of License, and Denials.
A. Terms of licenses. The term of a therapeutic massage enterprise license is one year. If an
enterprise submits an application any time during a calendar year, the term shall expire
December 31 of the year of issuance, with the remainder of the year at a pro rata fee, with any
unexpired fraction of a month being counted as one month. The �er-�-e�a massage therapist
license ' shall expire on Au�ust 31 of each vear.
B. License fees. License fees, investigation fees, and late fees are set forth in Chapter X of
this Code. No investigation fee shall be refunded.
C. Renewal of licenses. An application for renewal of an enterprise or individual license shall
be made in the same manner as the original application.
D. New and Renewal Applications that are denied. The issuing authority will notify applicant
if their new or renewal application has been denied based upon the results of the background
investigation. The applicant may appeal the denial to the City Manager, or his or her designee,
within 30 days of the date of the notice. A hearing will be scheduled within ten days after
service of the notice of appeal upon the City Manager, or his or her designee. At the
conclusion of the hearing, or as soon as thereafter as practicable, the City Manager, or his or
her designee, may order:
1. That the denial by the issuing authority be affirmed.
2. That the denial by the issuing authority be reversed and the license be issued.
SECTION 3. Amendment. Section 1150.12 of the Plymouth City Code concerning Administrative Civil
Penalties for Tobacco and Related Products is hereby amended as follows:
1150.12. - Violations.
A. Misdemeanors. Any person who violates this ordinance shall be guilty of a Misdemeanor
unless the violation has a specific penalty designated by state law.
B. Administrative Civil Penalties; Individuals. An individual who sells tobacco-related
products to a person under the age of 21 years shall be subject to an administrative penalty of
$50.00. No penalty may be imposed until the individual has received notice, served personally
or by mail, of the alleged violation and an opportunity for a hearing before the Chief of Police
or his/her designee. A decision that a violation has occurred must be in writing.
C. Administrative Civil Penalties; Licensee. If a licensee or an employee of a licensee sells,
gives, or otherwise furnishes tobacco, tobacco-related devices, electronic deliverv devices, or
nicotine or lobelia deliverv products to a person under the a�e'
��^a^� *'�^ �^^ of 21 years, or violates anv other provision of this chapter, the licensee
shall be subject to an administrative penalty as follows:
Offense Minimum Presumptive Penalty Maximum
(State) (City) (City/State)
1 nViolation � �� 300.00 and/or 0 $500.00 fine and 5-day $2,000.00 and/or 60- �
days suspension suspension stayed days suspension
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2"a Violation (within �AA 600.00 �nd/or 0 $750.00 fine and 5-day $2,000.00 and/or 60-
�4 36 months) days suspension suspension days suspension
3 �d Violation (within �SA:AA 1000.00 and{e� 7$1,000.00 fine and 10-day �$2,000.00 and/or 60
�4 36 months) days suspension suspension days suspension
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4 thViolation (within None listed Revocation Revocation
24 months)
No suspension, revocation, or other penaltv mav take effect until the licensee has received
notice, served personallv or bv mail, of the alle�ed violation and an opportunitv for a hearin�
before a person authorized bv the licensin� authoritv to conduct the hearin�. A decision that a
violation has occurred must be in writin�.
D. Defense. It is a defense to the charge of selling tobacco-related products to a person
under the age of 21 years, that the licensee or individual, in making the sale, reasonably and in
good faith relied upon representation of proof of age described in Minnesota Statutes, section
340A.503, subdivision 6, paragraph (a).
SECTION 4. Amendment. Section 1010, Subd. 5D of the Plymouth City Code is hereby amended as
follows:
SECTION 5. Amendment. Section 1010, Subd. 7 of the Plymouth City Code is hereby amended as
follows:
E. Dangerous Dog License ��AA:AA $350.00
SECTION 6. This ordinance shall become effective immediately upon passage.
ADOPTED by the City Council on this 13th day of October, 2020.
Jeffry Wosje, Mayor
AITEST:
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