HomeMy WebLinkAboutCity Council Ordinance 2019-17CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE N0. 2019-17
ORDINANCE AMENDING SECTION 113 5 OF THE CITY CODE
CONCERNING THERAPEUTIC MASSAGE
THE CITY OF PLYMOUTH ORDAINS:
Section 1. Amendment. Section 1135 of the City Code is hereby amended as follows:
1135.05. Definitions. The following words and terms when used in this section shall have the
following meanings unless the context clearly indicates otherwise:
Approved Institution. An educational institution holding approved status with the
United States Department of Education, Minnesota Office of Higher Education, or by any state
licensing board.
Approved Program. A professional massage program or educational institution
approved by the Commission on Massage Therapy Accreditation (COMTA) or the National
Accrediting Commission of Career Arts and Sciences (NACCAS).
Clean. The absence of dirt, grease, rubbish, garbage and other offensive, unsightly
or extraneous matter.
Good Repair. Free of corrosion, breaks, cracks, chips, pitting, excessive wear and
tear, leaks, obstructions, and similar defects so as to constitute a good and sound condition.
Issuing Authority. The Public Safety Director, or his or her designee.
Massage. Any method of pressure on, or friction against, or the rubbing, stroking,
kneading, tapping, pounding, vibrating, stimulating, or rolling of the external parts of the human
body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or
devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil,
powder, cream, lotion, ointment, or other similar preparations.
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 for professional liability in
the practice of massage;
2. Is affiliated with ern to ed, by, or owns a therapeutic massa a 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 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 transcript 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 certified 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 certified 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.
Operate. To own, manage or conduct, or to have control, charge or custody over.
Person. Any individual, fine, association, partnership, corporation, joint venture, or
combination of individuals.
Therapeutic Massage Enterprise. An entity which operates a business which hires
and/or contracts only licensed massage therapists to provide therapeutic massage to the public. The
owner/operator of a therapeutic massage enterprise need not be licensed as a massage therapist if he
or she does not at any time practice or administer massage to the public. A therapeutic massage
enterprise may employ other individuals such as cosmetologist and estheticians, and these
individuals are not required to have a massage therapist license as long as they are not providing
therapeutic massage to the public.
1135.17. Persons Ineligible for License.
A. Therapeutic massage enterprise license. No therapeutic massage enterprise
license shall be issued to a person who:
1. Is not 18 years of age or older at the time the application is submitted to
the issuing authority;
2. Has ending a criminal charge, citation, or co laint for any violation of
federal or state statute or regulation, or of any local ordinance. which
adversely reflects upon the person's ability to conduct the therapeutic
massage enterprise in a legal manner, violations would include, prostitution
or the solicitation, inducement, er promotion thereof. sex trafficking. and
criminal sexual conduct
2: 3. Has been convicted of any crime directly related to the occupation
licensed as prescribed by Minnesota Statutes 364.03, Subd. 2, as it may be
amended from time to time, and who has not shown competent evidence of
sufficient rehabilitation and present fitness to perform the duties and
responsibilities of a licensee as prescribed by Minnesota Statutes 364.03,
Subd. 3, as it may be amended from time to time.
3.4. Has had an interest in, as an individual or as part of a corporation,
partnership, association, enterprise, business or firm, a massage license that
was denied, revoked or suspended within the last five years of the date the
license application is submitted to the issuing authority;
4-.:5. Is not a citizen of the United States or a resident alien, or is legally
prohibited from working in the United States;
5.6. Is not of good moral character or repute;
6: 7; Is not the real party in interest of the enterprise;
7: 8. Has knowingly misrepresented or falsified information on a license
application at any time;
9. Cannot meet the definition of therapeutic massage enterprise in Section
1135.05 of this code;
9: 1-1. Is the spouse of a person whose massage related license has been
denied, suspended, or revoked in the past five years;
44. 11. Allowed a license to expire or surrendered a license, unless, at the
sole discretion of the City, a license application is submitted for
consideration. The application shall be treated the same as an application for
anew license, subject to all ordinance regulations and review._
12. Does not provided all information Muired or answer fully all of the
information requested by the license application err such other infar mfiva as
the City may require:
13. hoes not have one or more massage therapists employed by or affiliated
with the thera eutic massage ent rise who is licensed by the City at the
time the therapeutic massage license is issued.
B. Massage therapist license. No massage therapist license shall be issued to a
person who:
1. Is not 18 years of age or older at the time the application is submitted to
the issuing authority;
2. Has peutdang a criminal charge, citation, or complaint for any violation of
federal or state statute or regulation, or of any local ordinance, which
adversely reflects Won theperson's ability to conduct the licensed
Accu ati€m in a legal manner, violations would include rostitu2tion or the
solicitation, _inducement. or promotion thereof sex trafficking and crinunA
sexual conduct,•
2- 3. Has been convicted of any crime directly related to the occupation
licensed as prescribed by Minnesota Statutes 364.03, Subd. 2, as it may be
amended from time to time, and who has not shown competent evidence of
sufficient rehabilitation and present fitness to perform the duties and
responsibilities of a licensee as prescribed by Minnesota Statutes 364.03,
Subd. 3, as it may be amended from time to time;
-1. 4. Whether the applicant has had an interest in individually or as PaAof a
corporation, partnership, association, enterprise, business or firm, a massage
license that was denied, revoked or suspended within the last five years of
the date the license application is submitted to the issuing authority;
5. Is not a citizen of the United States or a resident alien, or is legally
prohibited from working in the United States;
5u 6 Is not of good moral character or repute;
6- 7. Has knowingly misrepresented or falsified information on the license
application at any time;
-7: 8. Cannot meet the definition of massage therapist in Section 1135.05 of
this code;
& 9. Allowed a license to expire or surrendered a license, unless, at the sole
discretion of the City, a license application is submitted for consideration.
The application shall be treated the same as an application for a new license,
subject to all ordinance regulations and review -.,-
10. Does not provide all information required or answer fully all of the
inforination requested by the license application Or such other infonnation as
the City may require,
11. Is not affiliated with, employed by, or does not own a therapeutie
inassage enterprise licensed by the City.
1135.25. Sanctions for License Violations.
A. Suspension or revocation. The issuing authority may suspend or revoke a
license issued pursuant to this section for:
1. A violation related to fraud, misrepresentation, or false statement
contained in a license application or a renewal application.
2. A violation related to fraud, misrepresentation, or false statement made
in the course of carrying on the licensed occupation or business.
3. Any violation of this section of the code or state law.
4. A violation by any licensee or individual that is directly related to the
occupation or business licensed as defined by Minnesota Statutes 364.03,
Subd. 2.
5. Conducting the licensed business or occupation in an unlawful manner or
in such a manner as to constitute a breach of the peace or to constitute a
menace to the health, safety, or general welfare of the public, or after
repeated complaints received regarding conduct of business practices or
method of solicitation.
6. If the owner, manager, lessee or any of the employees are found to be in
control or possession of an alcoholic beverage, a narcotic drug or controlled
substance on the premises, other than drugs which may be purchased over
the counter without a prescription or those for which the indifidual has a
prescription.
7. If the holder of a therapeutic massage enterprise license fails to maintain
with the City a current list of all employees of such licensed premises.
8. Neither the charging of a criminal violation nor a criminal conviction is
required in order for the Director of Public Safety to suspend or revoke a
license.
9. In the event of multiple massage enterprise locations, any license
suspension/revocation shall apply to any and all massage enterprise
locations
10. Any pendingcriminal charge, citation, or complaint against the owner.
manager, lessee or an em to ee of the therapeutic massage entaRrise, or the
Bolder of a massage therapist license, of a violation of any ordinance or state
or federal statute which adversely reflects upon the person's ability to
conduct the licensed occupation in a le l mariner.
B. Appeal process for suspension or revocation. The licensee may appeal a
license suspension or revocation to the City Manager, or his or her designee, within
30 days of the license being suspended or revoked by the issuing authority. A
hearing will be scheduled within 10 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 suspension or revocation by the issuing authority be affinned.
2. That the suspension or revocation by the issuing authority be reversed or
modified.
C. Penalties. Any person or entity violating the provisions of this section is
guilty of a misdemeanor under Minnesota law and shall be punished by a fine or by
imprisonment, or both. Each violation of this section shall constitute a separate
offense. Conviction of violation of this section, while not required, may be grounds
for the suspension or revocation of any license issued under this section.
D. Ability to reapply after revocation. The holder of a therapeutic massage
enterprise license or massage therapist license may not reapply for a new license for
a period of five years if their license is revoked under this section.
E. Ability to reapply after denial. The applicant for a massage enterprise
license or massage therapist license may not reapply for a license for a period of five
years if the applicant's license has been previously denied by the City or another
governmental entity for any reason.
F. Previous license infractions. In the event there is a license infraction or a
pending citation involving a licensed establishment and/or a licensed massage
therapist, the issuing authority may, at their option, chose to not to take action on any
license or renewal application until such infraction or pending citation has been
resolved. The applicant for a massage enterprise license or massage therapist license
may not reapply for a license for a period of five years if the licensee is convicted of
any violation of the ordinance.
G (Ord. 2017-22, 10/10/2017; Ord. 2018-18, 9/25/2018)
SECTION 2. This amendment shall take effect immediately upon its passage.
ADOPTED by the City Council this 24th day of September, 2019.
Jeffiy Wosje, ayor
ATTEST:
"a�4w
andra R. Engdahl, Clerk