HomeMy WebLinkAboutOrd #087-3rd Ser/Amending code re: background cks/massage therapists SUMMARY OF ORDINANCE NO. 87 ,THIRD SERIES
ORDINANCE NO. 87 ,THIRD SERIES
AN ORDINANCE AMENDING CHAPTER 31 OF THE ORONO CITY CODE TO
REQUIRE BACKGROUND CHECKS FOR MASSAGE THERAPISTS
The following is the official summary of Ordinance No. 87 , Third Series approved by
the City Council of the City of Orono on April 11, 2011.
This ordinance provides for the background checks of all massage therapists under the
license for massage therapy centers.
This is an abbreviated summary of Ordinance No. 87 , Third Series. A printed copy of
Ordinance No. 87 , 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 l lth day of
April, 2011.
ATTEST:
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Linda S. Vee, City Clerk Lili Tod McMillan, Mayor
Published in the The Laker & The Pioneer newspapers the week of April 16 , 2011.
ORDINANCE NO. 87 , THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 31 OF THE ORONO CITY CODE TO
REQUIRE BACKGROUND CHECKS FOR MASSAGE THERAPISTS
THE CITY COUNCIL OF THE CITY OF ORONO,MINNESOTA ORDAINS:
SECTION 1. The following language has been added to Section 31-2 (Definitions) of the
Orono City Code:
Sec. 31-2. Definitions.
Except as otherwise provided or clearly implied by context, all terms shall be given their
commonly accepted definitions. For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different meaning.
Massage means the systematic and scientific manipulation of the soft tissues of the
human body of another by rubbing,pressing, stroking, kneading, tapping, pounding, vibrating, or
stimulating with the hands, anns, or feet, or by mechanical devices and tools which mimic or
enhance manual actions, for hire or for consideration, with the intention of positively affecting
the health and well-being of the client, including the application of heat, cold, water, mild
abrasives, heliotherapy, topical preparations not classified as prescription drugs and instruction
in self-care and stress management. The term does not include such activities performed
exclusively on a person's hands andlor feet in conjunction with a manicure or pedicure. The
practice is distinct from the practice of inedicine, surgery, osteopathy, chiropractic,physical
therapy, or podiatry. Persons duly licensed by the 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 employed by an accredited and licensed educational institution shall
be exempt from the provisions of this section.
SECTION 2. The following language has been added to Section 31-12 (License; applications)
of the Orono City Code:
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.
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(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 applicant's name and age.
b. The applicant's present address and length of time he or she has lived at
that address.
c. 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 applicant's 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.
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.
i. The name. date of birth. and address of all emblovees or indenendent
contractors nerformin�massa�e at the annlicant's Massa�e Theranv
Center.
�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.
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(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 emnlovees or indenende_nt contractors listed as nerforming
massa�e in the annlication. 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.
(b� Applications for renewal may be made in such abbreviated form as the city
council may adopt under this chapter.
SECTION 3. The following language has been added to Section 31-18 (Revocation and
suspension of license) of the Orono City Code:
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.
(1) 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, welfaxe, or
morals.
(5) Acts demonstrating or involving moral turpitude.
(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.
f81 Failure to make reauired sunnlemental disclosures
156927v1 3
(91 Permittin� anv individual to nerform massa�e on the licensed nremises
after the citv clerk has found. in the course of conductine a backeround
check nursuant to Sec. 31-12(51 or Sec. 31-21(31, that the individual has
been convicted of nrostitution or another offense involving moral
turnitude bv anv court of comnetent iurisdiction.
(�� 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.
(c) 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:
(1) 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 establishment's 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.
156927v1 4,
(fl Appeals. Any person whose license is suspended or revoked under this section
shall have the right to appeal that decision in court.
SECTION 4. Section 31-21, Supplemental disclosures, is added to the Orono City Code:
�ec 31-21 Sunnlemental disclosures
The licensee has a continuin�dutv to sunulement the list of massa�e theranists workin�
as emnlovees or indenendent contractors at the Massa�e Theranv Center
(11 No licensee shall nermit anv individual not listed on the initial license anblication
to work as a massa�e theranist at the Massa�e Theranv Center without first
nroviding the citv clerk with a sunnlemental disclosure including the name date
of birth and address of the individual who will nerform massa�e on the licensed
premises.
(21 No licensee shall nermit anv individual not listed on the initial license annlication
to work as a massa�e theranist on the licensed nremises until the citv clerk has
combleted a comnuter criminal historv inauirv and/or driver's license historv
in ui .
f31 The citv clerk shall ubon receint of a sunnlemental disclosure order a
comnuterized criminal historv inauirv and/or driver's license historv inauirv on
all emnlovees or indenendent contractors listed as massa�e theranists in the
sunnlemental disclosure. The citv clerk shall inform a licensee submittin a
sunnlemental disclosure whether nermittin�the individual to nerform massaee at
the Massa�e Theranv.Center would cause the license to be susnended or revoked
(41 There is no fee to file a sunblemental disclosure
SECTION 5. Effective date. This ordinance shall be effective upon adoption and publication
according to law.
ADOPTED this 11`" day of April, 2011 by the Orono City Council.
CITY OF ORONO
� �
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Lili Tod McMillan, Mayor
ATTEST:
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Linda S. Vee, City Clerk
Summary Ordinance published in The Laker & The Pioneer newspapers the week of
156927v1 April 16, 2011.
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