HomeMy WebLinkAboutCity Council Ordinance 1995-21City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Ordinance No. 95- 21
AN ORDINANCE RELATING TO MASSAGE BUSINESSES AND ASSOCIATED FEES
AMENDING SECTIONS 105, 615, 1015, 1135 OF THE PLYMOUTH CITY CODE.
THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS:
SEC. 1. THE PLYMOUTH CITY CODE, SECTION 105.01, SUBD. 36B IS HEREBY
DELETED.
SEC. 2. THE PLYMOUTH CITY CODE, SECTION 105.01, SUBDs. 37 AND 38 ARE IS
AMENDED TO READ:
Subd. 37. "Alassage D ansa y rat or in whieh maq
b
pefermed. "Massage Therapy" means the Process by which a practitioner
applies massage therapy techniques, and may apply adjunctive therapies with
the intention of positively affecting the health and well being of the client
"Massage Therapy" is the rubbing stroking kneading tapping Positioning
causing movement, and applying touch and pressure to the bodv. "Adjunctive
therapies" may include (1) application of heatcold water, mild abrasives
heljotherapy, topical preparations not classified as prescription drugs (Z) the
use of mechanical devices and tools which mimic or enhance manual actions
(3) and instructed self care and stress management Massage Therapy does not
include techniques traditionally practiced by chiropractors.
Subtl 38. "M M "Massage Therapist" means a person who
practices massage therapy.
SEC. 3. THE PLYMOUTH CITY CODE, SECTION 105.01 IS HEREBY AMENDED TO
INCLUDE ANEW SUBD. 37B TO READ:
Subd 37B. "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
SEC. 4.THE PLYMOUTH CITY CODE, SECTION 615 TITLE IS AMENDED TO READ:
Section 615 Saunas. and Massage Parlors Therapy Center Businesses
SEC 5. THE PLYMOUTH CITY CODE, SECTION 615.01, Sums. 1 AND 2 ARE AMENDED
TO READ:
615.01. Policy, License Required. Subdivision 1. Findin sg Policy. It is
found and determined that the Sauna,. and Massage Par4or Therapy Center
businesses are particularly subject to abuses which are contrary to the morals,
health, safety, and general welfare of the community. Further, it is found that
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.
Subd. 2. General Rule Number of Licenses No person shall engage
in the business of operating a Sauna,. or Massage Parler Therapy Center business
either exclusively or in connection with any other business without being licenses
as provided in this section. The number of Sauna and er Massage Pa licenses
which may be in force at any one time shall be five.
SEC. 6. THE PLYMOUTH CITY CODE, SECTION 615.03 IS AMENDED TO READ:
615.03. License: Application. Application for a Sauna, or Massage Parler
Therapy Center license shall be made on the forms provided by the City Manager.
The application shall contain:
(a) A description of the property to be used;
(b) The names and addresses of the owner, lessee, if any, and the operator or
manager.
(c) The names, residences, and addresses of two persons, residents of
Hennepin 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 Manager may require.
If the application is made on behalf of a corporation or a partnership, it shall be
accompanied by appropriate business records showing the names 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 applicants 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 applications 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.
SEC. 7. THE PLYMOUTH CITY CODE, SECTION 615.05, IS AMENDED TO READ:
615.05. License Fees and License Year. The initial application and license
fee is fixed by Chapter X. The application, investigation, and license fees shall be paid
when the application is filed. In the event that the application is denied or in the event that
the license once issued is revoked, canceled, suspended or surrendered, no part of the
annual fee shall be returned to the applicant unless by Council action. in addition te th
annual lieense fee re"ired J
this Seefien, ,.
any aYY 5 YI'lie ,. nt making I 1' " II
pay a non refundable rl c f`$7cn nn " r k
applicationb +meg
s " an a plicatiaR, 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.
A license, unless revoked or surrendered, is for the calendar year or part thereof, for
which it has been issued. The annual license fee shall not be pro -rated. The application
and invesdgation fees shall be pro -rated based on the months remaining in the year for
which such fees are required
SEC. 8. THE PLYMOUTH CITY CODE, SECTION 615.09, IS AMENDED TO
INCLUDE THE FOLLOWING NEW SUBSECTION (I) TO READ:
fl) The establishment shall meet the requirements of Section 615.13
SEC. 9. THE PLYMOUTH CITY CODE,- SECTION 615.11, SUBDIVISION 8 IS
HEREBY AMENDED TO READ:
Subd. 8. Massage Therapist. No massage therapy center or sauna such
business shall employ or use any person to give massage therapy as --a
masseuse, unless such person it o_.__ ____, __. ____ ______ ...... _.,.._. meets the licensing
requirements of Section 1135 of this Code. Any person acting as a Massage Therapist
masseur or a assease in any such business shall have his/her certificate or a true copy
thereof displayed in a prominent place in the premises.
SEC. 10. THE PLYMOUTH CITY CODE, SECTION 615.13, SUBDIVISION 3, IS
HEREBY AMENDED TO READ:
Subd. 3. Lighting. All rooms in the licensed premises including but not limited to
sauna rooms, massage rooms, restrooms, bathrooms, janitor's closet, hallways, and
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reception areas and any room used by customers shall be illuminated with not less that 30
foot candles of illumination.
SEC. 11. THE PLYMOUTH CITY CODE, SECTION 615.13, SUBDIVISIONS 4,5 AND 6,
ARE HEREBY AMENDED TO READ:
Subd. 4. Cleaning Supplies. Each establishment shall have a janitor's closet which
shall provide for the storage of cleaning supplies. c ."�have mee anie l
venniatio., ..,M 2 ..a„ pef ware feet e€hear area Such ,.l, set shall
Subd. 5. Floors: Sanitation in Sauna Rooms. Floors, walls and equipment in
sauna rooms and in restrooms and in bathrooms used in connection therewith must be
kept in a state of good repair and clean at all times. Linens and other materials shall be
stored at least 12 inches off the floor. Clean towels and wash cloths must be made
available for each customer.
Subd. 6. Lockers. Individual lockers shall may be made available for use by
patrons of saunas and massage therapy centers. Such lockers shall have separate keys
for locking.
SEC. 12. THE PLYMOUTH CITY CODE, SECTION 615.13, SUBDIVISION 8, IS
HEREBY AMENDED TO BEAD:
Subd. 8. Door Locks. The doors to the individual massage rooms may shall net
be equipped with any locking devices and shall not be blocked or obstructed from either
side. Door locks shall be used only at the request of the patron.
SEC. 13. THE PLYMOUTH CITY CODE, SECTION 1015.21 DEALING wrrH
MASSEUR, MASSEUSE FEES IS AMENDED TO READ:
Massage Therapist" , Masseuse Cert
fication Certifteation fee seCay
y
S^cam,...,.. 1135
ie _
$50
investigation fee. $25
annual certification
fee
SEC. 14. THE PLYMOUTH CITY CODE, SECTION 1015.21 IS AMENDED TO
INCLUDE MASSAGE AND SAUNA LICENSE FEES TO READ:
Massage Therapy Center License $100 investigation
fee (non refundable)
$50 licensing fee
$50 renewal fee
Sauna License
$1, 000 initial
application and
investigation fee
fnon refundable)
$500 annual
licensing fee.
SEC. 15. THE PLYMOUTH CITY CODE, SECTION 1135, IS AMENDED TO READ:
Section 1135 -Massage Therapy
SEC. 16. THE PLYMOUTH CITY CODE, SECTION 1135.03, IS AMENDED TO READ:
1135.03. MassageDisfingui . Exempt Persons. The practice of massage
therapy is hereby declared to be distinct from the practice of medicine, surgery,
osteopathy, chiropractic, physical therapy, or podiatry. Persons duly licensed in this state
to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry,
nurses or persons performing therapeutic massages who work solely under the direction of
such persons, athletic directors and trainers, certified by an accrediting agency and who
are employed by an accredited and licensed educational institution per&ens-empleyed
by and :n errs and fitness t t as defined 1 Plymouthc n
� b na ,
Selves R -18A to defined ether 1-
give,ab
e�istarnarily given in such shops YY purposes
enly, shall be exempt from the provisions of this Section.
SEC. 17. THE PLYMOUTH CITY CODE, SECTION 1135.05 IS AMENDED TO READ:
1135.05. Co +:F Illegal to Practice llrthout Certificate. No I_t
shall be a misdemeanor for a person Mhall to engage in, or hold himself or herself out as
being engaged in, the practice of Massage Therapy in this City without first having
obtained a Certificate as provided in this Section, unless said person is exempt under
Section 1135.03.
SECTION 18. THE PLYMOUTH CITY CODE, IS AMENDED TO ADD SECTION 1135.06, AS
FOLLOWS:
1135.06. Types of Certificates. The City of Plymouth issues certificates to an
individual for massage therapy. The requirements for this certificate are specified in
Section 1135.07.
Section 19. The Plymouth City Code, Section 1135.07 is amended to read:
1135.07. Application for Certificate. Subdivision 1. Contents. Application for a
Certificate shall be made on forms provided by the City Manager. The application shall
contain the following information together with any other information which the Manager
may require:
(a) The name, age, home address of the applicant, and the address of where
the applicant will practice massage therapy.
(b) Evidence of applicant's practical qualifications to practice massage therapy,
including length of experience in massage therapy and past place of employment
dates of employment, and positions held.
(d),Lej The names and addresses of two persons, residents of Hennepin County,
who may be referred to as to the applicant's character.
(e) (d) Whether the applicant 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.
(b)-jej Evidence of the applicant's educational qualifications, including originals or
certified copies of degrees, diplomas or ce «fifes, i€ -any, curriculum from a bona fide
school of massage therapy, _ or massage therapy certification. The address and phone
number of the bona fide school of massage therapy are required
Massage Therapy Certificates. Applicants shall be required to provide proof (1)
they graduated with a minimum of 500 hours training from a bona fide massage
therapy school or (2) shaw proof that the applicant has successfully passed the
National Certification Examination for Therapeutic Massage and Bodvwork and can
Prove by affidavit they have practiced massage therapy for the past one vear and have
not had any criminal convictions as a result of practicing massage therapy, A
temporary two year certificate shall be granted in order to allow time to complete
educational requirements while practicing to those persons who: (i) make application
within ninety days of the date of the adoption of the ordinance adopting this
Subdivision; (ii) has a minimum of 150 hours of training from an accredited massage
therapy school; NO can prove by affidavit they have practiced massage for the past one
Year and have not had any criminal convictions as a result of practicing Massage; and
otherwise meet the requirements listed in Sections (a) (b) (c) and (d) of this
Subdivision. This temporary certificate is not renewable.
IN
(f) Within ninety days of the adoption of the ordinance adopting this Subdivision
applicants also may receive a massage therapy certificate by satisfying either or the
.following requirements: (i) show proof that the applicant has practiced massage
therapy for a minimum of one year, and can prove by affidavit they have not had
criminal convictions as a result of practicing massage therapy, and otherwise meeting
the requirements listed in Sections (a), (b), (c), and (d) of this Subdivision • (ii) Shaw
proof that the applicant has successfully passed the National Certification
Examination for Therapeutic Massage and Bodvwork within the last four years and
otherwise meeting the requirements listed in Sections (a) (b) (c) and (rl) of this
Subdivision.
Subd.2. Wem4ewsi E ; Review by Other Departments. in -addition -to
the applieation, the CityManager of Manager's dmayesignee interview the applicant d
may require that the appliea4 rass an examination testing YY b
practice of massage, At City Manager's or Citv Manager's designee's discretion, the
application may be referred to the Public Safety Department for review and
recommendation on granting or denying the Certificate.
Subd.3. Investigation Fee. Each applicant application shall be accompanied by
payment of a non-refundable investigation fee of $50.00 set forth in Chapter X.
SEC. 20. THE PLYMOUTH CITY CODE, SECTION 1135.09, IS AMENDED TO READ:
1135.09. Certificate Fee and Certificate Year Renewal. The annual
Certificate fee is Q.� $100.00 shall be asset forth in Chapter X. A Certificate, unless
revoked, is for the calendar year, or part thereof for which it has been issued. A renewal
application shall be provided by the City.
SEC. 21. THE PLYMOUTH CITY CODE, SECTION 1135.11, IS AMENDED TO
READ:
1135.11. Granting or Denial of Certificate. Certificate applications shall be
reviewed by the Public Safety Department and such other departments as the City
Manager shall deem necessary. Certificates shall be issued or denied by the City Manager
or City Manager's designee subject to the provisions of this Section. The applicant may
appeal a denial by the City Manager or City Manager's designee to the City Council in
accordance with Section 1135.17.
SEC. 22. THE PLYMOUTH CITY CODE, SECTION 1135.13, SUBDIVISION (D) IS
AMENDED TO READ:
(d) Certificates may be issued only to persons who have answered fully all of the
information requested in the application and have paid the full investigation and
certification fees.
SEC. 23. THE PLYMOUTH CITY CODE, SECTION 1135.13 IS AMENDED TO
INCLUDE A NEW SUBDIVISION (H) TO READ:
(h) Certificates may be issued only to persons who have Professional liability
insurance. with Policy limits as required by the City for a term no shorter than the
Certificate period
SEC. 24. THE PLYMOUTH CITY CODE, SECTION 1135.15, SUBDIVISIONS 1, 2, 3,
4, AND 5 ARE AMENDED TO READ:
Subd. 1. Display of Certificates. Any certified Massage Therapist masseur er
masseuse shall have the Certificate or a true copy thereof displayed in a prominent place at
the place efemployment massage therapy is practiced.
Subd. 2. Identification. Upon demand by any police officer, a certified maasear-of
masseuse Massage Therapist practicing massage therapy shall give proper identification
including true legal name and correct address.
Subd. 3. Change of Address. A certified Massage Therapist..�aeseur-�
shall inform the City Manager of any change in residence address, or a change in the
address of where massage therapy is practiced, within 30 days ptior to of such change.
Subd. 4. Hours. No certified masseur or masseuse Massage Therapist shall
perform such service between the hours of 1:00 o -clock a.m. and 5:-00 6:00 o'clock a.m.
on the same day.
Subd. 5. Photographic Identification. Every certified
Massage Therapist shall appear personally at the Police Department to receive delivery of
the Certificate, and upon such appearance shall be photographed for identification
purposes. One copy of the photograph shall be permanently affixed to the Certificate and
a second copy shall be kept in the files of the Police Department.
SEC. 25. THE PLYMOUTH CITY CODE, SECTION 1135.17, IS HEREBY AMENDED
AND RENUMBERED AS SuBD. 6. AND 7 OF SECTION 1135.15 TO READ:
Subd. 6. Location of Practice. 1135.17 Genefal ]2 Massage may be practiced
only by a certified Massage Therapist only at business
establishments Massage Therapy Centers licensed pursuant to Section 615 of this code,
or at the place of residence of the Massage Therapist.
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Subd 7. Massage Therapy Purpose. Massage therapy may be practiced only for
the purposes of physical fitness, relaxation, therapeutic or other
purpose set forth in Section 105.091, Subd 37. The practice of massage therapy for any
other purpose is prohibited.
SEC. 26. THE PLYMouTH CITY CODE, SECTION 1135.19, IS HEREBY
RENUMBERED AS 1135.17, AND IS AMENDED TO READ:
1135.4317. Revocation and Suspension of Certificate. Subdivision 1. Grounds. A
certificate may be revoked or suspended or not renewed by the City Manager for any of
the following:
(a) Fraud, deception or misrepresentation in connection with the securing of
certification.
(b) Habitual drunkenness or intemperance in the use of drugs including but
not limited to the use of drugs defined in either 26 USC Sec. 4731 or
Minnesota Statutes, Chapter 152, as amended, barbiturates, hallucinogenic
drugs, amphetamines, Benzedrine, Dexedrine, or other sedatives,
depressants, stimulants, or tranquilizers.
(c) Conduct inimical to the interests of public health, safety, welfare, or
morals.
(d) Engaging in conduct involving or demonstrating moral turpitude,_
including, but not limited to, prostitution.
(e) Failure to comply with the requirements of Sebsection 113 5. 1 this
Section.
Subd. 2. Appeal. The Certificate holder may appeal a denial, such suspension,
revocation or non -renewal to the City Council. The City Council shall consider the appeal
at a the next regularly or specially scheduled City Council meeting ons 10 days
frau after service of the notice of appeal upon the City Clerk by the Certificate holder.
Hearing on such appeal shall be open to the public and the Certificate holder shall have the
right to appear and be represented by legal counsel and to offer evidence in behalf of
certification. At the conclusion of the hearing, or as soon thereafter as practicable, the
City Council may order:
(a) That the denial, revocation, suspension or non -renewal by the City
Manager be affirmed.
(b) That the denial, revocation, suspension or non -renewal by the City
Manager be lifted and that the Certificate be issued or returned to the
Certificate holder.
(c) The City Council may base its order regarding the Certificate upon any
additional terms, conditions and stipulations which it may, in its discretion,
impose.
SEC. 27. THE PLYMOUTH CITY CODE, SECTION 1135.21, IS HEREBY
RENUMBERED AS 1135.19 AND IS AMENDED TO READ:
1135.2119. Certificate Required for Employ. No employer shall employ a
person to practice :nMassage Therapy unless that person has been granted a eCertificate
pursuant to this Section; and every such employer shall require that the eCertificate be
prominently displayed on the business premises.
SEC. 28. THE PLYMOUTH CITY CODE, SECTION 1135.23, I5 HEREBY
RENUMBERED AS 1135.21.
SEC. 29. THIS ORDINANCE IS EFFECTIVE UPON ITS PASSAGE IN ACCORDANCE
WITH SECTION 110.09.
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/Cit Clerk
Published: Sun Sailor, 4-19-95.
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