Review of Code Requirements for Massage Therapy Establishments; Domeier
CITY OF HOPKINS
Memorandum
To: Honorable Mayor and Council Members
Mike Mornson, City Manager
From: Amy Domeier, City Clerk
Jason Lindahl, City Planner
Date: April 13, 2021
Subject: Review of Code Requirements for Massage Therapy Establishments
_____________________________________________________________________
PURPOSE
At least once a year, staff receives a request to change the ordinance and reduce the
limitations on massage related businesses. City Council directed staff to draft an
ordinance that would allow for massage therapy establishments again within the
business districts of Hopkins.
INFORMATION
In 2013 the City Council directed staff to work with the City Attorney to draft an
ordinance that would limited massage therapy to an accessory use in the Business
Districts and prohibit it as a home occupation in Residential Districts. The ordinance
approved 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 regulated 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 isn’t the primary use. The City Council decided to
place this limitation on massage businesses because of recent illegal activity at
independent massage businesses.
The proposed ordinance includes the following changes:
• The draft ordinance would establish Massage Therapy Establishments as a
permitted use in the B-3, General Business District provided such property is not
located along Mainstreet. This would allow Massage Therapy Establishments as
a permit use in the other portions of the B-3 district listed below (see attached
zoning map). Massage Therapy Establishments would not be allowed in any
residential, institutional, or industrial district or in the B-1, Limited Business, B-2,
Central Business or B-4, Neighborhood Business Districts.
o Along Shady Oak Road between Mainstreet and Excelsior Boulevard
o Highway 7 and 17th Avenue North
o Highway 7 and Blake Road North
o Excelsior Boulevard and 11th Avenue South
o 7th Street South and 11th Avenue South
Administration
• Updated definitions of “Massage Therapy Establishment”.
o The updated definition states that an establishment exists when one or
more massage therapists provide services to the public.
• Language allowing nonconforming businesses to relocate.
• A maximum number of massage establishment licenses to issue each year
o Staff is proposing four massage establishment licenses be issued each
year.
o Two current massage therapists would count towards the total number
allowed.
• License fees that match the amount of staff time to administer the license and
conduct background checks.
o The current cost for staff to conduct a background check for a massage
therapist license ranges from $163 to $175.
o Staff reached out to neighboring cities to gather fee information.
• An exterior sign regulation that requires the establishment to include more than
just the word “massage”.
The Police Department and Fire Department have reviewed the draft ordinance and
provided comments that were included in the ordinance.
FUTURE ACTION
Should the City Council chose to move forward with the proposed amendments or
additional amendments, staff will schedule the ordinance for first and second readings.
A public hearing will be required at the Planning Commission level first to consider the
zoning changes proposed.
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CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2021-XXXX
ORDINANCE AMENDING CHAPTERS 10 AND 102 AND APPENDIX A
OF THE HOPKINS CITY CODE REGARDING MASSAGE THERAPY
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Hopkins City Code, Part II, Chapter 10, Article XVII, Section 10-606 is hereby
amended by adding the double-underlined language and deleting the stricken language as follows:
Massage therapy establishment means any establishment wherein two one or more
massage therapists provide massage therapy or therapeutic massage to the public, as the primary
business. other than aA hospital, sanatorium, rest home, nursing home, boarding home, medical
doctor's office, chiropractor's office, or other institution licensed under the provisions of M.S.A.
§§ 144.50 through 144.69 shall not be considered a massage therapy establishment.
SECTION 2. Hopkins City Code, Part II, Chapter 10, Article XVII, Section 10-607 is hereby
amended by adding the double-underlined language and deleting the stricken language as follows:
Sec. 10-607. - License required; limitation on number of massage therapy establishment
licenses.
(a) It shall be unlawful for any person to practice as a massage therapist or operate a massage
therapy establishment in the city 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 M.S.A. chs. 147 or 148. In addition, no license is required
under this article for a person licensed by the state board of medical practices when said
person provides proof of licensure to the city clerk.
(b) The license will be effective for one year and run from July 1 through June 30 of the license
year.
(c) No more than four massage therapy establishment licenses may be issued in the city.
SECTION 3. Hopkins City Code, Part II, Chapter 10, Article XVII, Section 10-611 is hereby
amended to add the double-underlined language and delete the stricken language as follows:
Sec. 10-611. – Renewal; transfers.
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. All licenses issued under this section shall be valid only for the
person to whom the license was issued and no transfer of any license to another person shall be
valid. A duly issued massage therapy establishment license may be transferred to another location
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in the city so long as massage therapy establishments are an allowed use in the proposed location
under the city’s zoning regulations.
SECTION 4. Hopkins City Code, Part II, Chapter 10, Article XVII, Section 10-618 is hereby
amended by adding the double-underlined language and deleting the stricken language as follows:
Sec. 10-618. - Inspection by city officials; minimum requirements.
(a) During any hours in which a licensee is performing massage therapy treatments, the area
where the service is being performed shall be open to inspection by city inspectors and
police officers.
(b) Each licensed massage therapist therapy establishment shall be responsible for adhering to
the following minimum requirements for the health and safety of all patrons:
(1) The massage tables shall have a washable surface.
(2) The massage tables shall be covered with a disposable paper cover or with a sheet
that is washable.
(3) A clean paper cover or washable sheet must be used for each patron and the
massage therapists must have enough clean covers on hand to accommodate the
number of patrons scheduled on one day.
(4) Used washable covers shall be placed in covered containers until they are washed.
(5) Used paper covers shall be placed in covered waste containers.
(6) Lotions used in the treatments shall be stored in covered containers.
(7) The massage therapists shall wash his their 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 a covered container.
(8) Bathroom facilities shall be made available to patrons. Paper towels, which shall
be stored in covered containers, shall be provided for hand drying.
(9) Bathrooms shall be kept in clean repair.
(10) The floor shall be kept free of dust and debris.
(11) No food or drink shall be allowed in the treatment areas.
(12) 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 a dry
sanitizer.
(13) In addition to any requirements contained in the city’s sign regulations, any exterior
sign advertising the presence of an on-site massage therapy establishment shall
include more than just the word “massage.”
(c) Massage therapists that are licensed by the city shall follow and adhere to the health and
safety requirements in subsection (b) above and 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.
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(d) 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 5. Hopkins City Code, Part II, Chapter 10, Article XVII, Section 10-619 is hereby
deleted in its entirety and replaced with the following double-underlined language:
Sec. 10-619. – Massage Therapy Establishments.
An application for a massage therapy establishment license shall be denied if the proposed location
does not comply with the city’s zoning regulations.
SECTION 6. Hopkins City Code, Part III, Chapter 102, Article I, Section 102-4 is hereby
amended by adding the double-underlined language and deleting the stricken language as follows:
Massage therapy establishment means any establishment wherein two one or more
massage therapists provide massage therapy or therapeutic massage to the public, as the primary
business. other than aA hospital, sanatorium, rest home, nursing home, boarding home, medical
doctor’s office, chiropractor’s office, or other institution licensed under the provisions of M.S.A.
§§ 144.50—144.69 shall not be considered a massage therapy establishment.
SECTION 7. Hopkins City Code, Part III, Chapter 102, Article VII, Section 102-214 is hereby
amended by adding the double-underlined language and deleting the stricken language as follows:
Sec. 102-214. - Business districts.
(a) Description. The business (B) districts are in four categories designated as B-1, B-2, B-3,
and B-4.
(b) Permitted uses. The permitted uses of any land or structure in a B District are those uses
indicated by the mark "X" and shall be further subject to those certain special limitations,
requirements and regulations pertaining to those B District uses specially designated by the
following marks: (1), (2), (3), (4) and (5), and (6).
(1) means that the use is prohibited on the ground floor;
(2) means that a conditional use permit is required;
(3) means not more than three devices allowed;
(4) means that the use is limited to 5,000 square feet per business;
(5) means that the use is not allowed within 500 feet of a public park, public or private
school, church, day care, nor the Hopkins Center for the Arts.; and
(6) means that the use is prohibited along Mainstreet.
(c) Code key. Capital letters following any X mark indicate that the use or uses permitted are
subject to and are set forth in the provisions of section 102-216, which corresponds to the
capital letter or letters set forth in this subsection. The permitted use upon any land or in
any structure in a B District is considered the principal use.
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SECTION 8. The chart contained in Hopkins City Code, Part III, Chapter 102, Article VII,
Section 102-214 is hereby amended by adding the double-underlined language as follows:
Permitted Uses B-1 B-2 B-3 B-4
Massage Therapy Establishment (6) X
SECTION 9. Hopkins City Code, Appendix A, which contains the City’s fee schedule, is hereby
amended by adding the double-underlined language and deleting the stricken language as follows:
LICENCE FEES
Massage
Massage therapist $100.00 $________ Per year
Massage therapist investigation $50.00 $________ New licenses
Massage establishment license $25.00 $________ Per year
Massage establishment investigation $50.00 $________ New licenses
SECTION 10. The effective date of this ordinance shall be the date of publication.
First Reading: ___________, 2021
Second Reading: ___________, 2021
Date of Publication: ___________, 2021
Date Ordinance Takes Effect: ___________, 2021
By: ____________________________
Jason Gadd, Mayor
ATTEST:
______________________________
Amy Domeier, City Clerk
MASSAGE THERAPIST/ESTABLISHMENT FEE STUDY (MARCH 2021)
Hopkins License type Fee Notes
Massage Therapist $100 Per year
Investigation Fee $50 Initial application only
Massage Establishment $25 Per year
Investigation Fee $50 Initial application only
Plymouth License type Fee Notes
Massage Therapist $75 Per year
Investigation Fee $150 Initial application only
Massage Establishment $300 Per year
Investigation Fee $300 Initial application only
St. Louis Park License type Fee Notes
Massage Therapist $125/$35 If therapist is holder of establishment
license/per year
Investigation Fee N/A Included as part of license fee
Massage Establishment $385 Per year
Investigation Fee N/A Included as part of license fee
Golden Valley License type Fee Notes
Massage Therapist $100 Per year
Investigation Fee $100 Initial application only
Massage Establishment $500 Per year
Investigation Fee $200 Initial application only
Minnetonka License type Fee Notes
Massage Therapist N/A Do not license therapists
Investigation Fee N/A
Massage Establishment $350 Per year
Investigation Fee $300
Edina License type Fee Notes
Massage Therapist N/A Do not license therapists
Investigation Fee N/A
Massage Establishment $300 Per year
Investigation Fee $750 One-time, non-refundable
Maple Grove License type Fee Notes
Business $500 Per year
Owner/Operator $250 Per year. (No additional employees)
Investigation Fee $75 Flat rate for personal service and business
owners
Personal Service $75 Per year. Fees may be prorated.
Investigation Fee $150
Brooklyn Park License type Fee Notes
Massage Therapist $100 Per year
Investigation Fee $200
Massage Establishment $200 Per year
Investigation Fee $200
Eden Prairie License type Fee Notes
Massage Therapist $50 Per year
Investigation Fee $100
Massage Establishment $300 Per year. Fees may be prorated.
Investigation Fee $500