IV.7. Second Reading of Ordinance 2021-1170; Lindahl and DomeierMEMO
To: Honorable Mayor and City Council
From: Jason Lindahl, City Planner
Amy Domeier, City Clerk
Date: June 15, 2021
Subject: Second reading of Ordinance 2021-1170 amending the City Code related
to massage therapy and authorizing its publication
Proposed Action – Staff recommends the City Council approve the following motions:
• Move to approve the Second Reading of Ordinance 2021-1170 Amending the Hopkins City
Code Chapters 10 and 102 and Appendix A Regarding Massage Therapy.
• Move to adopt Resolution 2021-047 Authorizing Publication of Ordinance 2021-047 Related
to Massage Therapy by Title and Summary.
Overview
This item was initiated through a request from the City Council to amend the City Code related to
Massage Therapy uses. The City Council adopted a motion to approve the first reading of this item
on June 1, 2021. Prior to that action by the City Council, the Planning & Zoning Commission held
a public hearing and recommended the City Council approve this item on May 25, 2021.
The version of the ordinance before the City Council for the second reading is essentially the same
as approved during the first reading except that staff has revised the ordinance as directed by the
City Council to allow massage therapy establishments to operate from 7:00 Am to 8:00 PM Daily.
The ordinance approved for the first reading limited hours of operation to be from 9:00 AM to 8:00
PM Daily. Should the City Council approve the second reading of this ordinance, it will make the
following changes and take effect upon publication scheduled for June 24, 2021.
• Definitions. Update the definition of “Massage Therapy Establishment” to include one or more
massage therapists providing services to the public.
• Maximum Number of Licenses. No more than four establishments in the city.
• Transfers. Language allowing nonconforming businesses to relocate to allowed zones.
• Signs. Exterior signs shall be required to include more than just the word “massage.”
• Hours of Operation. Hours of operation limited to 7:00 a.m. to 8:00 p.m. daily.
• Zoning. Permitted use in the B-2, Central Business and B-3, General Business Districts.
• License Fee. Update fees to cover background checks and administration time.
Attachments
• Resolution 2020-047
• Ordinance 2020-1170
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CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2021-047
RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE
2021-1170 REGARDING MASSAGE THERAPY BY TITLE AND SUMMARY
WHEREAS, the city council of the city of Hopkins has adopted Ordinance 2021-1170, An
Ordinance Amending Chapters 10 and 102 and Appendix A of the Hopkins City Code Regarding
Massage Therapy (the “Ordinance”); and
WHEREAS, the Ordinance is more than three pages long and, pursuant to section 3.03 of the
Hopkins City Charter and Minn. Stat. § 412.191, subd. 4, lengthy ordinances can be published by title
and summary; and
WHEREAS, the city council believes that the following summary would clearly inform the
public of the intent and effect of the Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Hopkins, that
the city clerk shall cause the following summary of Ordinance 2021-1170 to be published in the
official newspaper in lieu of the entire ordinance:
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 has adopted Ordinance 2021-1170, An Ordinance
Amending Chapters 10 and 102 and Appendix A of the Hopkins City Code Regarding Massage
Therapy. The ordinance amends the city’s business licensing requirements for massage therapy
establishments and massage therapists by (i) redefining the term massage therapy establishment to
exclude businesses that utilize massage therapy as secondary to a different primary business; (ii)
limiting the number of massage therapy establishment licenses that may be issued in the city to four;
(iii) authorizing massage therapy establishment licenses to be transferred to other locations in the city
if otherwise consistent with city zoning requirements; (iv) prohibiting massage therapy establishments
from displaying signage that just says “massage”; and (v) limiting the hours of operation for massage
therapy establishments to between 7:00 a.m. and 8:00 p.m. daily. The ordinance also amends the
city’s zoning regulations to only allow massage therapy establishments in the city’s B-2 and B-3
zoning districts, and further establishes updated licensing and investigation fees for massage
therapist and massage therapy establishment licenses, which are located in Appendix A of the city
code.
The full text of Ordinance 2021-1170 is available for inspection at Hopkins City Hall during
regular business hours.
BE IT FURTHER RESOLVED by the city council of the city of Hopkins that the city clerk
keep a copy of the ordinance at city hall for public inspection and that a full copy of the ordinance be
placed in a public location within the city.
Adopted by the city council of the city of Hopkins, Minnesota, this 15th day of June, 2021.
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By: ______________________________
Jason Gadd, Mayor
ATTEST:
_________________________________
Amy Domeier, City Clerk
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CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2021-1170
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.”
(14) Hours of operation shall be limited to between 7:00 a.m. and 8:00 p.m. each day.
(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. 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 X X
SECTION 8. 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 $175.00___ New licenses
Massage establishment license $25.00 $200.00____ Per year
Massage establishment investigation $50.00 $175.00____ New licenses
SECTION 9. The effective date of this ordinance shall be the date of publication.
First Reading: June 1, 2021
Second Reading: June 15, 2021
Date of Publication: June 24, 2021
Date Ordinance Takes Effect: June 24, 2021
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By: ____________________________
Jason Gadd, Mayor
ATTEST:
______________________________
Amy Domeier, City Clerk