HomeMy WebLinkAboutRe: massage therapy application 1 �
Christine Mattson
From: Christine Mattson
Sent: Thursday, August 28, 2014 7:38 AM
To: 'Seidou Salon Spa'
Cc: Melanie Curtis; Andrew Mack
Subject: 3596 Shoreline Drive/ Massage License
Attachments: Massage Therapy Application - Parts I & Il.pdf; Massage Therapy License- Part Ill.pdf
Good Morning Lauren,
Per our telephone conversation yesterday, according to Citv Code Section 31-13(d) no license shall be transferred to a
new location without council approval and payment of the investigation fee. Attached are the Application for Massage
Therapy License Parts I and II (Owner/Applicant) &the Application for Massage Therapy License Part III (Managers,
Assistant Managers, partners, officers or therapists).
Since massage therapy licenses expire on December 31, this application will suffice for both the transfer and the 2014
renewal requirements. Please note, any individual who provides massage therapy services must be covered under the
current license. Performing massage therapy services without a license is in violation of City Code Section 31-11. If you
wish to add new massage therapists to your license prior to the annual renewal date, the individual must complete an
Application for Massage Therapy License, Part III and return it to the City of Orono. There is no charge to add massage
therapists to the current license.
If you have any questions, please don't hesitate to contact me.
Christine Mattson
Planning Assistant
City of Orono
2750 Kelley Parkway Orono MN 55356 (physical addressJ
PO Box 66 Crystal Bay MN 55323-0066 (mailing address)
� 952.249.4620 g 952.249.4616
� cmattson@ci.orono.mn.us �? www.ci.orono.mn.us
Summer Office Hours: (Monday, May 19 throuqh Friday,August 29, 2014)
Monday-Thursday: 7:30 am to 5 pm
Friday: 7:30 am to 11:30 am
OUR OFFICE WILL BE CLOSED: Monday,September 1, 2014
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Orono, Minnesota, Code of Ordinances » Title IV- BUSINESS, LICENSING, LIQUOR REGULATION »
Chapter 31 -MASSAGE THERAPY CENTERS »ARTICLE II. LICENSES»
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ARTICLE II. LICENSES u
Sec. 31-11. General rule: number of licenses.
Sec.31-12. License: apqlications.
Sec. 31-13. Granting. refusal, issuing.transferring, and du�licating of licenses.
Sec. 31-14. Conditions governina issuance of licenses.
Sec. 31-15. Restrictions and recLulations.
Sec.31-16. Construction and maintenance repuirements.
Sec.31-17.Termination.
Sec.31-18. Revocation and suspension of license.
Sec. 31-19. Expiration of licenses.
Sec. 31-20. Renewal of licenses.
Sec. 31-21. Supplemental disclosures.
Sec. 31-11. General rule; number of licenses.
No person shall engage in the business of operating a massage therapy center business
either exclusively or in connection with any other business without being licensed as provided in
this section. Each individual massage therapy center must have a license notwithstanding the fact a
license has been granted to another establishment owned by the same individual or entity.
(Ord. No. 71 3rd series, § 1, 6-28-2010)
Sec. 31-12. License; applications.
All applications shall be made as follows:
(1) All applications shall be made at the office of the city clerk upon forms that have been
furnished by the city for such purposes.
(2) All initial applications shall be accompanied by an investigation fee as set by
ordinance of the city council.
�3) All such applications must be subscribed, sworn to, and include but not be limited to
the following:
a� The applicanYs name and age.
b� The applicanYs present address and length of time he or she has lived at that
address.
�� The applicant's occupation and length of time so engaged.
d� The applicant's addresses and occupations for the three years last preceding
the date of application.
e� Names and addresses of the applicanYs employers, if any, for the three years
last preceding the date of application.
f� Whether or not the applicant has ever been convicted of a felony, gross
misdemeanor, or misdemeanor, including violation of a municipal ordinance but
excluding traffic violations and, if so, the date and place of conviction and the
nature of the offense.
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� � g. Location of premises for which the massage therapy center license is made.
h• At least four character references if the applicant has not resided in the city for
two years last preceding the date of application.
�• The name, date of birth, and address of all employees or independent
contractors performing massage at the applicant's massage therapy center.
1• Such other information as the city council shall deem necessary considering
the nature of the massage therapy center business.
(4) It is unlawful for any applicant to intentionally make a false statement or omission
upon any application form. Any false statement in such application or any willful
omission to state any information called for on such application form shall, upon
discovery of such falsehood, work an automatic refusal of license or, if already issued,
shall render any license issued void and of no effect to protect the applicant from
prosecution for violation of this article.
(5) The city clerk shall, upon receipt of each application completed in accordance with
this division, forthwith investigate the truth of statements made in the application and
the moral character and business reputation of each applicant for license to such
extent as he or she deems necessary, including ordering a computerized criminal
history inquiry and/or a driver's license history inquiry on the applicant and all
employees or independent contractors listed as performing massage in the
application. For such investigations, the city clerk may enlist the aid of the chief of
police. The city council shall not consider an application before such investigation has
been completed.
(6) Applications for renewal may be made in such abbreviated form as the city council
may adopt under this chapter.
(Ord. No. 71 3rd series, § 1, 6-28-2010;Ord. No. 87 3rd series, §2, 4-11-2011)
Sec. 31-13. Granting, refusal, issuing, transferring, and duplicating of licenses.
(a) Granting. License applications shall be reviewed by the police department, planning
department, county health department and such other departments as the city administrator
shall direct. The review shall include an inspection of the premises covered by the
application to determine whether the premises conform to all requirements of this Code.
Recommendations of each department shall be made in writing to the administrator.
Thereafter, licenses shall be granted or denied by the city council.
(b) Issuing. If an application is approved, the city clerk shall forthwith issue a license in the form
prescribed by the city council upon proof of ownership of the business, payment of the
appropriate license fee, and approval of insurance, if required. All licenses shall be on a
calendar year basis. All applications for a license under this chapter shall be accompanied by
the fee established in the ordinance adopting the fee schedule. The city council may grant
any application for the period of the remainder of the then current calendar year or for the
entire ensuing license year. License fees shall be prorated on the basis of 1/12th for each
calendar month or part of a month remaining in the then current license year. The license
shall be displayed on the licensed premises so it is visible to anyone who enters the
premises.
(�) Refusal. The city council may, for any reasonable cause based on the conditions governing
the issuance of licenses in section 31-6, refuse to grant any application. No license shall be
granted to a person of questionable moral character or business reputation.
(d) Transferring. No license issued under this chapter shall be transferred to any person or entity
other than the person or entity to whom the license was issued or to a different location
without the consent of the city council and payment of the investigation fee. It is unlawful to
make any transfer in violation of this subsection.
(e)
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� � Duplicates. Duplicates of original licenses issued under this division may be issued by the
city clerk without action by the city council upon the licensee's affidavit that the original has
been lost or destroyed, and upon payment of a fee in the amount established by resolution
for issuance of the duplicates. All duplicate licenses shall be clearly marked "DUPLICATE."
(Ord. No. 71 3rd series, § 1, 6-28-2010)
Sec. 31-14. Conditions governing issuance of licenses.
(a) No license shall be issued if the applicant or any of its owners, managers, employees,
independent contractors, or agents do not demonstrate good moral character.
(b) Licenses shall be issued only if the applicant and all of its owners, managers, employees,
independent contractors, and agents are free of convictions of convictions for offenses which
involve moral turpitude or which relate directly to such person's ability, capacity or fitness to
perform the duties and discharge the responsibilities of the licensed activity.
(�) Licenses shall be issued only to applicants who have not, within one year prior to the date of
application been denied licensure, or who have not within such period had a same or similar
license revoked.
(d) Licenses shall be issued only to applicants who have provided all of the information
requested in the application, have paid the full license fee and have cooperated with the city
in review of the application.
(e) If the applicant is a natural person, a license shall be granted only if such person is 18 years
of age or older.
(fl Licenses may be granted only for locations in the districts classified as non-residence
districts under the Zoning Code and subject to the provisions of the Zoning Code.
(9) Licenses shall be granted only to establishments which meet the safety, sanitary, and
building code requirements of the state and city.
(h) A license shall not be granted if granting the license would be inconsistent with the
comprehensive plan of the city, or would otherwise have a detrimental effect upon other
property or properties in the vicinity.
(�) The establishment shall meet the requirements of section 31-16
U) Notwithstanding any provision of law to the contrary, the city council may, upon a finding of
necessity for such action, place additional conditions and restrictions as it, in its discretion,
deems reasonable and justified.
(Ord. No. 71 3rd series, § 1, 6-28-2010)
Sec. 31-15. Restrictions and regulations.
(a) Compliance with law. The licensee and the persons in its employ shall comply with all
applicable regulations and laws of the city and state relating to safety and morals.
(b) Persons in charge:Manager. If the licensee is a partnership or corporation, the applicant
shall designate a person to be manager and in responsible charge of the business. This
person must be 18 years of age or older. The manager shall remain responsible for the
conduct of the business until another suitable person has been designated in writing by the
licensee. The licensee shall promptly notify the police department in writing of any such
change indicating the name and address of the new manager and effective date of such
change.
(�) Employees and independent contractors. The licensee shall furnish the police department
with a list of current employees and independent contractors. The list shall include the
employees' and/or independent contractors' names, addresses, and which employees or
independent contractors are practicing massage as part of their duties. The licensee shall
promptly notify the police department of any change in the list.
(d)
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� � Hours. The licensed premises shall not be open for business nor shall patrons be permitted
on the premises between the hours of 1:00 a.m. and 6:00 a.m. of the same day.
(e) Inspection. The licensee shall permit and allow the inspection of the premises during
business hours by all appropriate city employees.
(fl Identification. Upon demand by any police officer, any person employed in any licensed
premises shall identify himself or herself by giving his or her true legal name and his or her
correct address.
(9) Minors. No person under 18 years of age shall be employed as a massage therapist in any
establishment requiring a license under the provisions of this Code. An individual who is
legally old enough to work may work at an establishment �equiring a license under this Code
as long as the individual is not employed as a massage therapist.
(Ord. No. 71 3rd series, § 1, 6-28-2010)
Sec. 31-16. Construction and maintenance requirements.
(a) Restrooms. All restrooms shall be provided with mechanical ventilation with two cfm per
square foot of floor area, a hand washing sink equipped with hot and cold running water
under pressure, sanitary towels, and a soap dispenser.
(b) Lighting. The licensed premises' massage room shall be capable of being illuminated with
not less than 30 foot-candles of illuminations. All other rooms, including restrooms,
bathrooms,janitor's closet, hallways, reception areas and any room used by customers shall
be reasonably illuminated.
(�) Refuse. Such establishments shall provide adequate refuse receptacles which shall be
emptied as required.
(d) Door/ocks. The doors to the individual massage rooms may be equipped with locking device
and shall not be blocked or obstructed from either side. Door locks shall be used only at the
request of the patron. In the case of an emergency, the door must be capable of being
opened from the outside. The licensed facility may not use sliding bolts, door chains, or other
similar devices preventing access from the room's exterior.
(Ord. No. 71 3rd series, § 1, 6-28-2010)
Sec. 31-17. Termination.
Licenses shall terminate only by expiration, revocation, voluntary surrender, the business
ceasing to operate, or death or dissolution of the license holder.
(Ord. No. 71 3rd series, § 1, 6-28-2010)
Sec. 31-18. Revocation and suspension of license.
(a) City administrator action. The license may be revoked, suspended, or not renewed by the
city administrator upon showing that the licensee, its owner, employee, independent
contractor or agent has engaged in any of the following conduct.
(�) Fraud, deception or misrepresentation in connection with securing of the license.
�2) Fraud, misrepresentation or false statements made during the course of the licensed
activity.
(3) Habitual drunkenness or intemperance in the use of drugs including, but not limited to,
the use of drugs defined in either federal or state laws, barbiturates, hallucinogenic
drugs, amphetamines, Benzedrine, Dexedrine, or other sedatives, depressants,
stimulants, or tranquilizers.
(4) Conduct inimical to the interests of public health, safety, welfare, or morals.
(5) Acts demonstrating or involving moral turpitude.
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� (6) Failure to fully comply with the requirements of this Code.
�7) Conviction of prostitution or other offense involving moral turpitude by any court of
competent jurisdiction.
�8) Failure to make required supplemental disclosures.
�9) Permitting any individual to perform massage on the licensed premises after the city
clerk has found, in the course of conducting a background check pursuant to section
31-12(5) or section 31-21(3), that the individual has been convicted of prostitution or
another offense involving moral turpitude by any court of competent jurisdiction.
(10) Engaging in any conduct which would constitute grounds for refusal to issue a license
under this chapter.
�b) Notice. Prior to revoking or suspending any license issued under this chapter, except in an
emergency situation as prescribed in subdivision (d) of this section, the city clerk shall
provide the license holder with written notice of the alleged violations and inform the licensee
of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or
by mail to the permanent business address listed on the license application.
��) Public hearing. Upon receiving notice provided for in subdivision (b) of this section, the
licensee shall have the right to request a public hearing. If no request for a hearing is
received by the city clerk within the ten regular business days following service of the notice,
the city may proceed with the suspension or revocation. For the purpose of mailed notices,
service shall be considered complete as of the date the notice is placed in the mail. If a
public hearing is requested within the stated timeframe, a hearing shall be scheduled within
20 days from the date of the request. Within three regular business days of the hearing, the
city council shall notify the licensee of its decision. The city council may choose to:
��) Uphold the revocation, suspension or non-renewal of the license.
�2) Lift the city administrator's revocation, suspension or non-renewal and return the
license to the licensee.
�3) Base its action upon any additional terms, conditions, and stipulations which it may, in
its discretion, impose.
(d) Emergency. If, in the discretion of the chief of police or other person acting in his or her
stead, imminent harm to the public health or safety may occur because of the actions of the
operation of a licensed establishment under this chapter, the chief of police may immediately
suspend the establishmenYs license and provide notice of the right to request a subsequent
public hearing as prescribed in subdivision (c) of this section.
�e) Fees. No part of the annual fee shall be returned to the applicant unless by the city council's
action in the case of suspension or revocation.
(fl Appeals. Any person whose license is suspended or revoked under this section shall have
the right to appeal that decision in court.
(Ord. No. 71 3rd senes, § 1, 6-28-2010; Ord. No. 87 3rd series, §3, 4-11-2011)
Sec. 31-19. Expiration of licenses.
All licenses issued pursuant to the provisions of this division expire at the end of the calendar
year.
(Ord. No. 71 3rd series, § 1, 6-28-2010)
Sec. 31-20. Renewal of licenses.
Applications for renewal of an existing license shall be made at least 60 days prior to the
date of expiration of the license and shall contain such information as is required by the city. This
time requirement may be waived by the city council for good and sufficient cause.
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� , � � (Ord. No. 71 3rd series, § 1, 6-28-2010)
Sec. 31-21. Supplemental disclosures.
The licensee has a continuing duty to supplement the list of massage therapists working as
employees or independent contractors at the massage therapy center.
(1) No licensee shall permit any individual not listed on the initial license application to
work as a massage therapist at the massage therapy center without first providing the
city clerk with a supplemental disclosure, including the name, date of birth, and
address of the individual who will perform massage on the licensed premises.
(2) No licensee shall permit any individual not listed on the initial license application to
work as a massage therapist on the licensed premises until the city clerk has
completed a computer criminal history inquiry and/or driver's license history inquiry.
(3) The city clerk shall, upon receipt of a supplemental disclosure, order a computerized
criminal history inquiry and/or driver's license history inquiry on all employees or
independent contractors listed as massage therapists in the supplemental disclosure.
The city clerk shall inform a licensee submitting a supplemental disclosure whether
permitting the individual to perform massage at the massage therapy center would
cause the license to be suspended or revoked.
(4) There is no fee to file a supplemental disclosure.
(Ord. No. 87 3rd series, §4, 4-11-2011)
FOOTNOTE(S):
�����
Editor's not�Ord. No. 71 3rd series, § 1, adopted June 28, 2010, set out provisions intended for use as Art. 11, §§
31-3-31-12. To preserve fhe style of this Code, and at the editor's discretion, these provisions have been included
as Art. ll, §§31-11-31-20. Back
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