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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