VII. 1. Review Zoning Standards Related to Massage Therapy
CITY OF HOPKINS
Memorandum
To: Planning & Zoning Commission
From: Jason Lindahl, City Planner
Date: December 17, 2019
Subject: Massage Therapy Regulations
_____________________________________________________________________
Proposed Action
None – this item is for review and discussion only. Staff will provide feedback from the Planning &
Zoning Commission to the City Council and seek further direction about potential changes to the
City’s massage therapy regulations.
As the Commission reviews the massage therapy regulations, the key question to consider is: should
Hopkins allow independent Massage Therapy Establishments or continue the current policy which
limits these businesses to an accessory use?
Attachments
• Ordinance 2013-1064
• City Code Section 1185 – Regulation of Massage
Background
In April, 2013 the City Council held discussions about the regulations of massage therapy. At that
time, the City Council directed staff to work with the City Attorney to draft an ordinance that would
limit massage therapy to an accessory use in the Business Districts and prohibit it as a home
occupation in Residential Districts.
The ordinance that was ultimately approved by the City attempted to implement this strategy
through changes to the definitions for “Massage Therapy or Therapeutic Massage,” “Massage
Therapist,” and “Massage Therapy Establishment” rather than specifically listing these as accessory
uses in the Business Districts. The ordinance regulating that a massage therapist would only be able
to obtain a license as an accessory use became effective in August 2013.
The regulation requires that a massage therapist would need to be located in an existing business
where massage therapy is not the primary use. The City Council decided to place this limitation on
massage business because of previous illegal activity at independent massage businesses. During the
2013 review of the ordinance, staff noted that one downside to this regulatory strategy would be that
franchises such as Massage Envy would not be allowed to locate in Hopkins.
Massage Therapy Regulations
Message therapy is regulated through both zoning and licensing standards. While these regulations
work together, generally the zoning standards govern where this activity can take place while the
licensing standards focus on how the business operates.
The zoning regulations limit massage therapy to an accessory use in the Business Districts and
specifically prohibit it as a home occupation in Residential Districts. Standalone massage therapy
uses are prohibited in Hopkins. These uses must be located in an existing business where massage
therapy is not the primary use (doctor’s office, healthcare clinic, fitness center or the like).
City Code Section 1185 provides the regulations for licensing massage therapy (see attached). These
regulations provide for two types of licenses: Massage Therapist or Massage Therapy
Establishments. Currently, there are no Massage Therapy Establishment licenses in Hopkins
because these uses are prohibited under zoning. By comparison, there are six Massage Therapist
licenses in Hopkins. Four of these were issued after the regulatory changes in 2013 and operate
accessory to another business. The other two were already in business in 2013 and “Grandfathered
in” under the previous standards operating as independent businesses.
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2013-1064
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the Hopkins Zoning Ordinance No. 515-570 be, and the same and is hereby amended
by amending and adding the following sections:
Section 515.07. Subd 3. Accessory Structure: A subordinate structure detached from but located
on the same lot or abutting lot owned by the same person who is the owner of the principal
structure the use of which is incidental and accessory to that of the principal structure.
Section 515.07. Subd. 5. Adult Day Care: A facility for the supervised care of adults, providing
activities such as meals and socialization one or more days a week during specified daytime hours.
Section 515.07. Subd 33. Brewpub: As defined in section 1200.22 Subdivision 1.
Section 515.07. Subd 44. Clinic: A building premises or establishment, not including a massage
therapy establishment, designed and used for the diagnosis and treatment of human patients that
does not include overnight care facilities.
Section 515.07. Subd. 80. Electric cigarettes: Electric -cigarettes, personal vaporizer or PV, is an
electronic inhaler that vaporizes a liquid solution into an aerosol mist simulating the act of tobacco
smoking.
Section 515.07. Subd, 87. Fence: A structure serving as a barrier or boundary, usually made of
posts or stakes joined togethery board, wire, or rails.
Section 515.07. Subd. 135. Massage Therapv or Therapeutic Massage: A scientific health care or
health maintenance technique or procedure carried out by a massage therapist involving the
massaging, kneading, rubbing, stroking, tapping, pounding, vibrating, or stimulating of the human
skin. muscles and tissues for no other nuraose than nhvsical fitness, health-care referral, healing,
relaxation, or beautification.
Section 515.07. Subd 136. Massage Therapist: A person, other than a person licensed as a
medical doctor; chiropractor; osteopath, podiatrist; licensed nurse, physical therapist; athletic
director or trainer; or beautician or barber who confines his or her treatment to the scalp, face and
neck; who for compensation practices and provides therapeutic massage; and who can prove
completion of a minimum of 500 hours of class credits of course work from a recognized message
therapy school.
Ordinance No. 2013-1064 -2-
Section 515.07. Subd. 137. Massage Therapy Establishment: Any establishment wherein two or
more massage typists provide massage therapy or therapeutic massage to the public, other than
a hospital sanatorium, rest home, nursing home, boarding home, medical doctor's office,
chiropractor's office or other institution licensed under the provision of Minnesota Statutes
Sections 144.50-144.69
Section 515.07. Subd. 157. Occasional Sales: An occasional sale shall mean sale of tangible
property at retail occurring no more than seven days per calendar month in an industrial zoning
district.
Section 520.13 Subd. 5 Barbed wire or electric fence. Barbed wire fences are permitted only in
industrial districts as provided by this code. Electric boundary fences are not permitted within the
City.
530.12 Prohibited Uses: R Districts
b) Home occupation - massagepy
Section 540.03. Conditional Uses: I district. The following uses are permitted conditional uses in
I districts:
g) occasional sales
1. That the site have parking at a ratio of one space for every 400 square feet of retail area.
2. Only one occasional sales use per building_
535.01 Subd. 3.
PERMITTED USES B-1 B-2 B-3 B-4
1. Adult day care QXE (2)XE (2)XE (2)XE
2. Brewpub X (2)XJJ
535.03 Conditional use requirements
Subd 2. Conditional uses within B districts
JJ) Brenub
1. That the property and building abuts Mainstreet
556.04 Subd 4. Window signage. Temporary window signs shall be on the inside of the window.
Temporary window signs are limited to one-third of the winde surface area of the window to
which they are affixed.
570.32. Window signage. Temporary or permanent signs shall be on the inside of the window.
Temporary or permanent window signs are limited to one-third of the surface area of the window
to which they are affixed.
Ordinance No. 2013-1064 5A
Other uses listed in Section 515 and 535 are to be renumbered accordingly.
Repeal of Ordinance No 13-1061
The above findings are hereby adopted and Ordinance No. 13-1061, published May 16, 2013 is
hereby repealed.
First Reading:
Second Reading:
Date of Publication`.
Date Ordinance Takes Effect:
ATTE T:
4, 4
Kristine A. Luedke, City Clerk
APPROVED AS TO FORM AND LEGALITY:
August 5, 2013
August 20, 2013
August 29, 2013
August 29, 2013
By:
Eugenel. Mlawell, Mayor
q /.2q // --z
ity Attorne Signature Date
Hopkins City Code (Rev 2011) 1185.01
Section 1185 – Regulation of Massage
1185.01. Subdivision 1. Definitions. For purposes of this section, the terms defined in this section have
the meanings given them.
Subd. 2. Massage Therapy or Therapeutic Massage. A scientific health care or health
maintenance technique or procedure carried out by a massage therapist involving the massaging,
kneading, rubbing, pressing, stroking, tapping, pounding, vibrating, or stimulating the human skin,
muscles and tissues for no other purpose than physical fitness, health-care referral, healing, relaxation, or
beautification.
Subd. 3. Massage Therapist. A person, other than a person licensed as a medical doctor;
chiropractor; osteopath; podiatrist; licensed nurse; physical therapist; athletic director or trainer; or
beautician or barber who confines his/her treatment to the scalp, face and neck; who for compensation
practices and provides therapeutic massage; and who can prove completion ofa minimum of 500 hours of
class credits from aRecognized School in course work as required by this Section.
Subd. 4. Massage Therapy Establishment. Any establishment wherein two or more massage
therapists provide massage therapy or therapeutic massage to the public, other than a hospital, sanatorium,
rest home, nursing home, boarding home, medical doctor’soffice, chiropractor’soffice, or other
institution licensed under the provisions of Minnesota Statutes Sections 144.50--144.69.
Subd. 5. Patron. Any person who receives a massage under such circumstances that is
reasonably expected that he or she will pay money or give any consideration therefore.
Subd. 6. Recognized School. Any school or institution of learning which:
a) has for its purpose the teaching of the theory, method, profession or work of
massage therapists, which school requires aresident course of study of not less than
500 hours before the student shall be furnished adiploma or certificate of graduation
from such school following successful completion of such course of study or
learning.
b) that is operating legally within the locality or province in which they are located.
c) Schools offering acorrespondence course not requiring actual attendance of class
shall not be deemed a recognized school.
d) Any school that does not, will not, or cannot provide sufficiently reliable
corroboration, in the City Clerk’sor designee’sdiscretion, of aMassage Therapist’s
course work, attendance, or other relevant criteria shall not be considered reliable
school for purposes of this Section.
1185.05 License Required. Subdivision 1. It shall be unlawful for any person to practice as a massage
therapist or operate amassage therapy establishment in the City of Hopkins without first obtaining a
license to do so. However, no license is required for any massage therapist working for or as an
employee of a medical professional licensed under Minnesota Statutes Chapters 147 or 148.
Subd. 2. The license will be effective for one year and run from July 1 through June 30 of the
license year.
Subd. 3. Exclusion. Any person who is licensed by the Minnesota Board of Medical Practices
shall not be required to obtain a massage license from the City of Hopkins when said person provides
proof of licensure to the City Clerk.
Section 1185 1
Hopkins City Code (12/2011), 1185.05
1185.07. License Application. Subdivision 1. Massage Therapist License. Application for a Massage
Therapist license shall be made on forms provided by the City Clerk. The applicant shall provide the
following information as well as any other information deemed reasonably necessary by the City Clerk:
a) Applicant’sfull name (first, middle, and last)
b) Any other name(s) the applicant has been known by
c) Applicant’s home address and telephone number
d) Applicant’sdriver’s license or state ID number
c) Applicant’sdate of birth
d) Applicant’s address(es) for the past five years
e) Diploma or Certificate of completion of 500 or more hours from a recognized
school of Message Therapy
f) Proof of course work as set out in 1185.07, Subdivision 2
g) A description of any crime or other offense, including the time, place, date and
disposition, for which the applicant has been arrested.
Subd. 2. Proof of Course Work. Each applicant for a Massage Therapist license shall prove, by
clear and convincing evidence, that the applicant has completed of the following minimum hours of
course work in each ofthe following areas:
a) 150 hours in the theory and practice of massage, including but not limited to
Swedish, Esalen, Shiatsu, and/or foot reflexology techniques; and
b) 100 hours of anatomy and physiology, including but not limited to skeletal and
muscular structure and knesiology; and
c) 8 hours of hygiene and sanitation; and
d) 30 hours of business practices and ethics.
Subd. 3. Massage Therapy Establishment license. Application for aMassage Therapy establishment
license shall be made on forms provided by the City Clerk. The applicant shall provide the following
information as well as any other information deemed reasonably necessary by the City Clerk:
a) Applicant’sfull name (first, middle, and last)
b) Any other name(s) the applicant has been known by
c) Applicant’s home address and telephone number
d) Applicant’sdriver’s license or state ID number
e) Applicant’sdate of birth
f) Applicant’s address(es) for the past five years
g) A description of any crime or other offense, including the time, place, date and
disposition, for which the applicant has been arrested.
h) If Applicant is acorporation, limited liability company, partnership or other entity,
then the Applicant shall provide the information requested in subsections (a) – (e),
above, for each officer, director, or partner of the entity.
1185.09 Provisional License. Subdivision 1. An applicant is eligible for aprovisional Massage
Therapist license if the applicant:
a) proves, by clear and convincing evidence, that the applicant has completed at least
100 classroom hours of instruction in the practice of massage therapy at a
Recognized School; and
b) has practiced massage therapy for compensation for at least 2 years during the 5-year
period immediately preceding the date of the application; and
c) otherwise meets the criteria established by this Section
Section 1185 2
Hopkins City Code (12/2011), 1185.09
Subd. 2. This license may be renewed up to two times after initial application, allowing the applicant
three years to meet the licensing requirements of this Section. Additional course work must be
completed, as well as any other requirements which may be in effect at the time of application.
1185.11 Fees. Subdivision 1. The fees for Massage Therapy licenses and Massage Therapy
Establishment licenses will be set by resolution from time to time. Each license shall be issued for a
period of one year, except that if the application is made during the license year, then the license fee shall
be one-fourth of the fee for each three months or part thereof for the remainder of the license year.
License and investigation fees must be submitted at the time of application. (Amended Ord. 2006-963)
Subd. 2. Additional Fee. The initial application shall also include a non-refundable investigation
fee to be set by resolution from time to time.
1185.13 Renewal. Applications for renewal shall be submitted at least 60 days prior to the end of the
license year on forms provided by the City Clerk.
1185.15 License granted. Upon receipt of an application, the City Clerk shall forward the application to
the Hopkins Police Department. The Hopkins Police Department shall report, in writing, to the City
Clerk, as to any police record of the applicant (or any of applicant’sofficers, directors, or partners), which
may reflect upon public health, safety or moral character. When all of the conditions of this ordinance
have met, the City Clerk shall issue the license. If any of the conditions have not been met to the
satisfaction of the City Clerk, the license shall not issue.
1085.17 Denial. No license shall be issued to an applicant who is anatural person, or to an applicant
who is a corporation, limited liability company, or other business entity where any partner, officer, or
director:
a) is under 18 years of age;
b) has been convicted of any crime directly related to the occupation and has not shown
competent evidence of sufficient rehabilitation and present fitness to perform the
duties and responsibilities of alicensee as prescribed by Minnesota Statute Section
364.03, Subd. 3;
c) is not of good moral character or repute;
d) owes taxes, assessments, or other financial claims to any governmental agency that
are due and delinquent.
1185.19 Revoking, Suspending, Denying or Not Renewing a License.
Subd. 1. The City Council may revoke, suspend, deny or decline to renew any Massage Therapist
license or Massage Therapy Establishment license issued under this Section. The basis for such
revocation, suspension, denial or non-renewal includes, but is not limited to, any of the following
circumstances:
a) The license was procured by misrepresentation of material facts.
b) The applicant or one acting in his/her behalf made oral or written misstatements
accompanying the application.
c) The applicant has failed to comply with any condition set forth in any other permits
granted by the City of Hopkins.
d) The activities of the applicant or any owner/agent create or have created adanger to
the public health, safety or welfare.
e) Failure to pay any application, penalty or reinstatement fee required by this Section
and City Council resolution.
Section 1185 3
Hopkins City Code (12/2011), 1185.19
f) Violation of any regulation or provision of the code reasonably related to the licensed
activity for which the license has been granted, or any other state or federal
regulation or law so related.
g) Failure of aholder of aMassage Therapy Establishment license to properly supervise
an employee or independent contractor who has violated any ordinance or state or
federal statute reasonably related to the licensed activity.
h) Failure of aholder of aMassage Therapy Establishment license to properly supervise
its Massage Therapists, employees or independent contractors so as to prevent
prostitution or prostitution-related activities, as defined in Minnesota Statutes Section
617.80.
i) Any violation of this Section 1185.
Subd. 2. Notification. The City Manager shall notify the applicant or holder of the license in
writing of the basis for the revocation, suspension, denial or non-renewal and the date upon which the
City Council shall review the request to revoke, suspend, deny, or not renew the license. The notice
required by this section shall be served upon the owner or the owner’s agent at least fourteen (14) days
before the City Council hearing. Service shall be deemed sufficient if the notice is sent to the owner or the
owner’sagent by first class mail at the address provided in the license application; service of the notice
shall be deemed effective as of the date of mailing.
Subd. 3. Hearing. The applicant or holder of the license (or their agent) and the City Manager or
designee shall be given an opportunity to be heard and may be represented by counsel. Both sides may be
permitted to examine the other side’s witness(es). The Council shall hear all relevant evidence and
arguments and shall review all testimony, documents, and other evidence submitted. The Council shall
record the hearing and keep a record of documentary evidence submitted.
Subd. 4. Decision. The City Council shall make findings based on the evidence and shall make a
decision on the recommendation to revoke, suspend, deny, or non-renew a license based on the findings.
The City Council shall issue awritten decision within 30 days following the date of the hearing by first
class mail. The decision shall specify the license to which it applies (whether Massage Therapist
license(s), Massage Therapy Establishment license, or both), the duration of the revocation, suspension,
denial or non-renewal (whether permanent or temporary), and the conditions that must be met before the
license may be reissued or reinstated (if any). Thereafter, and until alicense is reissued or reinstated, no
Massage Therapist that has had his or her license revoked, suspended, denied, or non-renewed may
perform therapeutic massage in the City of Hopkins; and no Massage Therapy Establishment that has had
its license revoked, suspended, denied, or non-renewed may offer therapeutic massage in the City of
Hopkins, or allow another to do so.
Subd. 5. License Process after Revocation, Suspension, Denial or Renewal Declination. After
the City Council revokes, suspends, denies or declines to renew a license, no license shall be issued until
the City Manager determines that the applicant/licensee has remedied the conditions identified by the City
Council as the basis for its action. The re-issuance of a license after suspension, revocation, denial or
non-renewal is discretionary. Any application to obtain aMassage Therapist license or Massage Therapy
Establishment license after the City Council has revoked, suspended, denied or declined to renew a
license must be accompanied by all fees required by this section.
Subd. 6. Temporary suspension. The City Manager may temporarily suspend a Massage
Therapist license or a Massage Therapy Establishment license for not more than 21 days pending a
hearing before the City Council for any conduct reasonably believed to violate the provisions of this
Section 1185 or constitute acrime of moral turpitude related to the license.
Section 1185 4
Hopkins City Code (12/2011), 1185.19
1185.20. Effect of Revocation, Suspension, Denial, or Non-Renewal. If a license is revoked, suspended,
denied or not renewed by the City Council, it shall be unlawful for aMassage Therapist or a Massage
Therapy Establishment to offer therapeutic massage until such time as a valid license has been issued.
1185.21 License Posted. A Massage Therapist license and aMassage Therapy Establishment license
must be posted in aconspicuous place where all patrons may see it.
1185.23 Hours of Operation. A massage therapist may not give to any patron any massage treatment
between the hours of 10:00 p.m. and 8:00 a.m. Any treatment in process at 10:00 p.m. must end at 10:00
p.m.
1185.25 Home Occupation. Whenever massage therapy is conducted in a residential area as ahome
occupation, the person(s) conducting the business will adhere to all aspects of the Zoning Ordinance in
relation to home occupations. In addition, massage therapy in home occupations will be limited to one
area and one table in operation at any given time.
1185.27 Inspection by City Officials. Subdivision 1. During any hours in which alicensee is performing
massage therapy treatments, the area where the service is being performed shall be open to inspection by
City inspectors and police officers.
Subd. 2. Each licensed Massage Therapist shall be responsible for adhering to the following
minimum requirements for the health and safety of all patrons:
a) The massage table shall have awashable surface
b) The massage table shall be covered with adisposable paper cover or with asheet that
is washable.
c) A clean paper cover or washable sheet must be used for each patron and the massage
therapist must have enough clean covers on hand to accommodate the number of
patrons scheduled on one day.
d) Used washable covers shall be placed in covered containers until they are washed.
e) Used paper covers shall be placed in covered waste containers.
f) Lotions used in the treatment shall be stored in covered containers.
g) The massage therapist shall wash his/her hands with soap and warm water
immediately before beginning a treatment on each patron and use paper towels for
hand wiping. Paper towels must be stored in acovered container.
h) Bathroom facilities shall be made available to patrons. Paper towels, which shall be
stored in covered containers, shall be provided for hand drying.
i) Bathrooms shall be kept in clean repair.
j) The floor shall be kept free of dust and debris.
k) No food or drink shall be allowed in the treatment area.
l) Implements used directly on the skin shall be cleaned and sanitized after use on each
patron. Such implements shall be stored in closed containers with adry sanitizer.
Subdivision 2. Massage Therapists that are licensed by the City of Hopkins shall follow and
adhere to the Code of Ethics for Massage Therapists as published by the National Certification Board for
Therapeutic Massage and Bodywork. This shall in no way require membership with American Massage
Therapy Association.
Subdivision 3. The holder of a Massage Therapy Establishment license is responsible for
supervising the conduct of all Massage Therapists providing therapeutic massage at that establishment
and ensuring they conform to the requirements of this Section.
Section 1185 5
Hopkins City Code (12/2011), 1185.27
1185.29. Penalties. A person who violates any of the provisions of Section 1185 may be charged with a
misdemeanor or be subject to the issuance of an administrative citation as provided in Section 355 or
both. Each day that aviolation continues shall be deemed aseparate offense. The City Manager or
designee may post notice at the business location notifying the public of the license suspension,
revocation, or non-renewal of a Massage Therapist license or Massage Therapy Establishment license.
This section of the City Code was added by Ordinance 99-931
This section was amended by Ordinance 2011-1040
Section 1185 6