HomeMy WebLinkAboutOrd #071-3rd Ser/Adding Chp 31 re: massage therapy centers SUMMARY OF ORDINANCE NO. 71 , THIRD SERIES
ORDINANCE NO. 71 , THIRD SERIES
ADDING CHAPTER 31 TO TITLE IV,BUSINESS LICENSING,
OF THE ORONO CITY CODE
CONCERNING THE LICENSING OF MASSAGE THERAPY CENTERS
The following is the official summary of Ordinance No. 71 , Third Series approved by
the City Council of the City of Orono on June 28, 2010.
This ordinance provides for the licensing of therapeutic massage centers.
This is an abbreviated summary of Ordinance No. 71 , Third Series. A printed copy of
Ordinance No. 71 , Third Series in its entirety is available for inspection by any
person at the office of the City Clerk during regular office hours. This ordinance
becomes effective immediately upon publication.
Adopted by the City Council of the City of Orono, Minnesota on this 28th day of
June,2010 by a vote of 5 ayes and 0 nays.
ATTEST:
� �/�e-e— �
Linda S. Vee, City Clerk s M. White, Mayor
Published in the Sun Sailor newspaper the week of .Tuly 8 , 2010.
ORDINANCE NO. 71 , THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE ADDING CHAPTER 31 TO TITLE IV,BUSINESS LICENSING, OF
THE ORONO CITY CODE CONCERNING THE LICENSING OF MASSAGE
THERAPY CENTERS
THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA ORDAINS:
SECTION 1. Chapter 31, Massage Therapy Centers, is added to the Orono City Code:
ARTICLE I.
IN GENERAL
Sec. 31-1 Intent and Findin�s
It is found and determined that Massage Theranv enter businesses are le�itimate
businesses contributine to the morals. health. safetv and eeneral welfare of the communitv
however, such businesses also have the notential to become a nuisance In order to insure the
morals, health. safetv, and �eneral welfare of the communitv, licensure standards are reauired to
control and re�ulate such businesses
Sec 31-2 Definitions
Excent as otherwise nrovided or clearlv imnlied bv context_ all terms shall he g;�P„ thP;r
commonlv accented definitions. For the nuroose of this chanter. the followine definitions shall
a nlv unless the context clearlv indicates or reauires a different meaning
Massage means the svstematic and scientific maninulation of the soft tissues of the
human bodv of another bv rubbine, nressin�, strokin�.kneadin�. tannin� noundin� vibratin� or
stimulatin�with the hands. arms. or feet. or bv mechanical devices and tools which mimic or
enhance manual actions for hire or for consideration with the intention of nositivelv affectin�
the health and well-bein�of the client includine the annlication of heat cold water mild
abrasives. heliotheranv. tonical nrenaxations not classified as nrescrintion drues and instruction
in self-care and stress mana�ement. The term does not include such activities nerformed
exclusivelv on a nerson's hands and/or feet in coniunction with a manicure nr ner1;�,�rP ThP
nractice is distinct from the nractice of inedicine sur�erv osteonathv chironractic nhvsical
theranv, or nodiatrv. Persons dulv licensed bv the state to nractice medicine ur�erv osteonathv
chironractic. nhvsical theranv, or nodiatrv. nurses or nersons nerformine theraneutic massa es
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who work solelv under the direction of such nersons. athletic directors and trainers certified bv
an accreditin�a�encv and emnloved bv an accredited and licensed educational institution shall
be exemnt from the nrovisions of this Section
ARTICLE II.
LICENSES
Sec 31-3 General Rule• Number of i icPnc�c
o nerson shall enea�e in the business of onerating a Massa�e Theranv Center business
either exclusivelv or in connection with anv other business without bein�licensed as nrovided in
this Section. Each individual Massa�e Theranv Center must have a license notwithstandin�the
fact a license has been eranted to another establishment owned bv the same individual or entitv
SeC. 31-4 Ll'Cerice� Annliratinn
All annlications shall be made as follows•
(11 All annlications shall be made at the office of the citv clerk unon forms that have
been furnished bv the citv for such nurnoses.
(21 All initial annlications shall be accomnanied bv an investiEation fee as set bv
ordinance of the itv Council
(31 All such anblications must be subscribed sworn to and include but not be limited
to the followin�:
a. The annlicant's name and a�e
b. The annlicant's nresent address and lenQth of time he or she has lived at
that address.
c. The annlicant's occunation and leneth of time so en�aged
The annlicant's addresses and occunations for the three vears last
nreceding the date of annlication
e. Names and addresses of the a nlicant's emnlovers if anv for the three
vears last nrecedine the date of annlication
f. Whether or not the annlicant has ever been convicted of a felonv eross
misdemeanor. or misdemeanor. includine violation of a mun;r.;,,at
ordinance but excludin�traffic violations and if so the date and nlace of
conviction and the nature of the offense
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�. Location of nremises for which the Massa�e Theranv Center license is
made.
h. At least four character references if the annlicant has not resided in the
citv for two vears last_nrecedin�the date of annlication.
i. Such other information as the itv ouncil shall deem necessarv
considerin�the nature of the Massa�e Theranv Center busines�
(41 It is unlawful for anv anblicant to intentionallv make a false statement or omission
uvon anv annlication form. Anv false statement in such annlication or anv willful
omission to state anv information called for on such annlication form shall unon
discoverv of such falsehood. work an automatic refusal of license or if alreadv
issued. shall render anv license issued void and of no effect to nrotect the
apnlicant from nrosecution for violation of this article
� (51 The citv clerk shall. unon receint of each annlication comnleted in accordance
with this division. forthwith investi�ate the truth of statements made in the
annlication and the moral character and business renutation of each annlicant for
license to such extent as he or she deems necessarv includin�orderine a
comnuterized criminal historv inauirv and/or a driver's license historv inauirv on
the anulicant. For such investi�ations. the citv clerk mav enlist the aid of the chief
of nohce. The Citv Council shall not consider an annlication before such
investieation has been comnleted.
l61 Anblications for renewal mav be made in such abbreviated form as the Citv
ouncil mav adont under this hanter.
�ec. 31-5. Grantin� Refisal_ I uin Transferring and DLnlicatinu nf i irPncPc
�
(al Granting. License annlications shall be reviewed bv the nolice denartment
nlannin�denartment. countv health denartment and such other denartments as the
Citv Administrator shall direct. The review chall ;,,�1,�r1P a„ ;,,�„P�t;,,,, nf thP
premises covered bv the annlication to determine whether the nremises conform
o all reauirements of this ode. Recommendations of each denartment shall be
made in writin�to the Administrator Thereafter licenses shall be �ranted or
denied bv the Citv Council.
fbl Issuing. If an annlication is annroved the citv clerk shall forthwith issue a license
in the form nrescribed bv the itv Council unon nroof of ownershin of the
business. navment of the annronriate license fee and annroval of insurance if
reauired. All licenses shall be on a calendar vear basis All annlications for a
license under this chanter shall be accomnanied bv the fee established in the
ordinance adontin�the fee schedule The itv Council mav Qrant anv annlication
for the neriod of the remainder of the then current calendar vear or for the entire
ensuin�license vear License fees shall be urorated on the basis of 1/12th for each
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calendar month or nart of a month remainin�in the then current license vear. The
license shall be disnlaved on the licensed nremises so it is visible to anvone who
enters the nremises.
(cl Refusal. The Citv Council mav. for anv reasonable cause based on the conditions
�overnin�the issuance of licenses in Section 31-6 refuse to �rant anv annlication
No license shall be eranted to a nerson of auestionable moral character or
business renutation.
(dl Transferring. No license issued under this chanter shall be transferred to anv
person or entitv other than the nerson or entitv to whom the license was issued or
to a different location without the consent of the Citv ouncil and navment of the
investi�ation fee. It is unlawful to ma.ke anv transfer in violation of this
subsection.
(el Dunlicates. Dunlicates of ori�inal licenses issued under this division mav be
issued bv the citv clerk without action bv the Citv Council unon the licensee's
affidavit that the ori�inal has been lost or destroved and unon navment of a fee in
the amount established bv resolution for issuance of the dunlicates All du»licatP
licenses shall be clearlv marked"D LI�ATE"
Sec 31-6 Conditions Governin�I cuance of icen e
(al No license shall be issued if the annlicant or anv of its owners mana�ers
emnlovees. indenendent contractors. or a�ents do not demonstrate �ood moral
character.
(bl Licenses shall be issued onlv if the annlicant and all of its owners mana�ers
emnlovees. indenendent contractors. and asents are free of convictions of
convictions for offenses which involve moral turnitude or which relate directiv to
such nerson's abilitv, canacitv or fitness to nerform the duties and dischar�e the
resnonsibilities of the licensed activitv.
(cl Licenses shall be issued onlv to annlicants who have not within one vear nrior to
the date of annlication been denied licensure. or who have not within such neriod
had a same or similar license revoked
(dl Licenses shall be issued onlv to annlicants who have nrovided all of the
information reauested in the annlication. have naid the full license fee and have
coonerated with the itv in review of the annlication.
�el If the anvlicant is a natural nerson. a license shall be granted onlv if such nerson is
18 vears of aee or older.
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(fl Licenses mav be Qranted onlv for locations in the districts classified as non-
residence districts under the Zonin� Code and subiect to the nrovisions of the
Zonin�Code.
�l Licenses shall be �ranted onlv to establishments which meet the safetv sanitarv
and buildine code reauirements of the State and Citv.
(hl A license shall not be eranted if�rantin�the license would be inconsistent with
the Comnrehensive Plan of the Citv. or would otherwise have a detrimental effe�t
u on other nronertv or nronerties in the vicinitv.
(il The establishment shall meet the reauirements of Section 31-8
lil Notwithstandine anv nrovision of law to the contr�rv the Citv Council mav unon
a findin�of necessitv for such action. blace additional conditions and restrictions
as it. in its discretion. deems reasonable and iustified.
Sec 31-7 Restrictionc nd Regulations
(al Comnliance with Law. The licensee and the nersons in its emnlov shall comnlv
with all annlicable re�ulations and laws of the Citv and tate relatin�to safetv and
morals.
(bl Persons in Charge:Manager. If the licensee is a nartnershin or cornoration the
annlicant shall desienate a nerson to be mana�er and in resnonsible char�e of the
business. This nerson must be 18 vears of age or older The mana�er shall remain
resnonsible for the conduct of the business until another suitable nerson has been
desi�nated in writinQ bv the licensee. The licensee shall nromntiv notifv the
nolice denartment in writin�of anv such chan�e indicatine the name and address
of the new manaeer and effective date of such change
lcl Emnlovees and IndeDendent ontractors. The licensee shall furnish the nolice
denartment with a list of current emnlovees and indeuendent contractors The list
shall include the emnlovees' and/or indenendent contractors' names addresses
and which emnlovees or inderoendent contractors are nracticine massa�e as nart of
their duties. The licensee shall nromntiv notifv the nolice denartment of anv
chan�e in the list.
(dl Hours. The licensed nremises shall not be onen for business nor shall natrons be
nermitted on the nremises between the hours of 1•00 a m and 6•00 a m of the
same dav.
fel Insnection. The licensee shall nermit and allow the insnection of the nremises
durin�business hours bv all annronriate itv emnlovees
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�fl Identification. Unon demand bv anv nolice officer anv nerson emnloved in anv
licensed nremises shall identifv himself or herself bv �ivin�his or her true le�al
name and his or her correct address
(�l Minors. No nerson under 18 vears of a�e shall be emnloved as a massa�e
theranist in anv establishment reauirin� a license under the nrovisions of this
ode. An individual who is le�allv old enoueh to work mav work at an
establishment reauirin�a license under this ode as lon�as the individual is not
emnloved as a massa�e theranist.
Sec. 31-8 Construction and Maintenance Reauirement
(al Restrooms. All restrooms shall be vrovided with mechanical ventilation with 2
cfin ner sauare foot_of floor area. a hand washin� sink eauinned with hot and cold
runnin�water under_nressure. sanita�rv towels. and a soan disnenser
(bl LiQhting. The licensed nremises' massa�e room shall be canable of bein�
illuminated with not less than 30 foot candles of illuminations All other rooms
includin�restrooms.bathrooms. ianitor's closet.hallwavs recention axeas and
anv room used bv customers shall be reasonablv illuminated
�cl Refuse. Such establishments shall nrovide adeauate refuse recentacles which
shall be emntied as reauired.
(dl Door locks. The doors to the individual massa�e rooms mav be eauinned with
lockin�device and shall not be blocked or obstructed frnm P;thP,-�;�P Tlnnr�nrlrc
shall be used onlv at the reauest of the natron In the case of an emer�encv the
door must be canable of bein�onened from the outside The licensed facilitv mav
not use slidin�bolts, door chains. or other similar devices nreventin� access from
the room's exterior.
Sec. 31-9. Termination.
Licenses shall terminate onlv bv exniration revocation volunta�rv surrender the business
ceasing to onerate. or death or dissolution of the license holder
Sec. 31-10. ReVOCat1Un and �ucnPncinn nf T irP se
(al Citv Administrator Action. The license mav be revoked susnended or not
renewed bv the Citv Administrator unon showin�that the licensee its owner
emnlovee, indenendent contractor or a�ent has en�a�ed in anv of the followin
conduct.
1. Fraud. decention or misreuresentation in connection with securin�
of the license.
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2. Fraud. misrenresentation or false statements made durin�the
course of the licensed activitv.
3. Habitual drunkenness or intemnerance in the use of dru�s
includin�, but not limited to._the use of dru�s defined in either
Federal or State laws barbiturates hallucino�enic dru�s
am hetamines. Benzedrine. Dexedrine. or other sedatives.
de ressants. stimulants. or tranauilizers.
4. Conduct inimical to the interests of nublic health safetv welfare
or morals.
5. Acts demonstratin�or involvin�moral turoitude
6. Failure to fullv comnlv with the reauirements of this Code.
7. Conviction of nrostitution or other offense involvine moral
turoitude bv anv court of comnetent iurisdiction
8. En�a�ine in anv conduct which would constitute erounds for
refusal to issue a license under this havter
Ibl Notice. Prior to revokine or susnendin� anv license issued under this chanter
excent in an emer�encv situation as nrescribed in subdivision(dl of this section
the citv clerk shall nrovide the license holder with written notice of the alle�ed
violations and inform the licensee of his or her rieht to a hearin�on the alleged
violation. Notice shall be delivered in nerson or bv mail to the nermanent business
address listed on the license annlication
(c) Public hearing. Unon receivin�notice nrovided for in subdivision(bl of this
section. the licensee shall have the rieht to reauest a nublic hearin� If no reauest
for a hearine is received bv the citv clerk within the ten reeular business davs
followin� service of the notice. the citv mav nroceed with the susnension or
revocation. For the nuroose of mailed notices. service shall be considered
comnlete as of the date the notice is nlaced in the mail If a nublic hearin�is
reauested within the stated timeframe. a hearin�shall he c�hP�„1P� W;th;,, �n�a���
from the date of the reauest Within three reQular business davs of the hPar;,,¢ thP
- -- ---- --------- ----
itv Council shall notifv the licensee of its decision. The itv Council mav
choose to:
Ll) Unhold the revocation. susnension or non-renewal of the license
(21 Lift the Citv Administrator's revocation susvension or non-
renewal and return the license to the licensee
Page 7 of 8
(31 Base its action unon anv additional terms. conditions a.nd
stiuulations which it mav. in its discretion. imnose_
(dl Emergencv. If. in the discretion of the chief of nolice or other nerson acting in his
or her stead. imminent harm to the nublic health or safetv mav nr.�,�r hP�a„�P„f
the actions of the oneration of a licensed establishment under th;s char,rPr rhP
chief of nolice mav immediatelv susnend the establishment's license and nrovide
notice of the ri�ht to reauest a subseauent nublic hearin� as nrescribed in
subdivision(cl of this section
(el Fees. No nart of the annual fee shall be returned to the annlicant unless bv the
Citv Council'S aCtio111T1 the Case of susnensinn nr revnr.atinn
(fl Anneals. Anv nerson whose li ense is susnended or revoked under this section
shall have the ri t to anneal that decision in court.
ec. 31-11 Exnirat�on of icen e
All licenses issued nursuant to the nrovisions of this division exnire at the end of the
calendar vear.
Sec. 31-12. Renewal of License
Annlications for renewal of an existing license shall be made at least 60 davs nrior to the
date of exniration of the license and shall contain such ;r,f�,,,,at;�„ ac ie rPnnirPrl hv t1,A,.;+.,
11V V1l Y
This time reauirement mav be waived bv the Citv Council for �ood and sufficient cause
SECTION 2. Effective date. This ordinance shall be effective upon adoption and publication
according to law.
ADOPTED this 28`h day of June, 2010 by the Orono City Council.
CITY OF ORONO
a� ���
es M. White, Mayor
ATTEST:
G���� .cf. �
Linda S. Vee, City Clerk
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