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Memo- 2nd Reading Massage Therapy Ordinance I City Clerk I CITY OF HOPKINS Memorandum To: Honorable Mayor and City Council Members Terry Obermaier November 10, 1999 Second Reading, Massage Therapy Ordinance Section 515.07, Subd. 69 of the City Zoning Code, Resolution 99-209, Setting Massage Therapy Fees, Proposed Ordinance 99-831, Summary of Ordinance 99-831 From: Date: Subject: Attachments: This is the second reading of the Massage Therapy Ordinance. Staff is recommending a motion to adopt Ordinance 99-831 as amended for second reading, approve the summary of Ordinance 99-831, order the summary published, and adopt Resolution 99-209, setting fees for massage therapy. Section 1185.19 was reworded; reference to licensed premises was removed. Individuals are licensed, not premises. Section 1187.25, Subd 2,g. was changed. "With soap and warm water" was added. This addition was recommended by Larry Myer, Health Inspector. Section 1185.25 was added. This section will limit a home operation to one area and/or, one table in use at any given time. The concerns that were brought up at the first reading were as follows: 1. How will this type of business fit within home occupations and what are the requirements for home occupations? I spoke with the City Attorney about the suggestion of limiting the number of licenses per household. Mr. Miller said that it would be very difficult to do that and remain constitutionally correct. We can, however, further limit the use for home occupations. Section 1185.19 was added to assure this limitation. A copy of the Zoning Code defining home occupations is attached. Nothing is allowed that would identify the residence as a home occupation. 1010 First Street South - (612) 935-8474 Memo November 10, 1999 Page 2 2. Should this activity be restricted to business districts? Again, staff feels that the business is conducive to home occupation use. It would be difficult to limit just this occupation while not limiting others. This occupation fits so well into the definition of a home occupation. 3. What can we do about those who live in other cities and come into Hopkins to practice massage therapy? In many cases, those who come into the city to practice massage therapy are working in some capacity with social services or medical agencies. These services are usually for the elderly who are dealing with problems relating to range of motion or other injuries or for people who suffer from certain diseases like fibromilagia and MS. It would be difficult at best to try to track or even know who is going into homes to provide this service. It would be a nightmare to try to enforce. If we do require licenses in these situations, it in all probability, it would not be enforced. 4. Should there be more than one inspection per year? This is a call for the City Council to make and will determine the fee for one year of licensure. There will be those who will be inspected more than one time per year because of follow-up inspections. If an inspection yields infractions that warrant it, follow-up inspections will be done. If an inspection does not yield infractions, a second inspection is probably not necessary. 5. Are the fees appropriate? Massage Therapy is a growing and legitimate business. In speaking with the City Attorney, I was advised that we have to justify the fee. The fee cannot be set over and above our costs in administering the licensing program. Staff recommends that the fee be set at $100 per year. This fee will include the annual inspection plus one follow-up inspection. Each additional inspection required will be $50.00. Those who require the most service will pay the additional costs and at some time, failure to comply could be charged and (or) licensure could be revoked. A resolution setting fees for massage therapy is attached to this memo. Hopkins City Code (Zoning) 515.07, Subd. 63 (Revised 4-17-96) Subd. 63. Floor area floor area of a building buildings are located. ratio: the numerical value obtained through dividing the or buildings by the lot area on which such building or Subd. 64. Foster home: a family home approved by the state for not more than four children unrelated to the family. Subd. 65. Garage pri va te: carport, used primarily for storage capacity not exceeding 9000 pounds. a detached or attached accessory building or of passenger vehicles or one truck of a rate Subd. 66. Garage public: a building used for the repair, maintenance, storage, display, sale, lease or hire of motor vehicles and parts. Subd. 67. Garage sale: the irregular display and purveyance of goods, wares, merchandise in or on any residential area. Subd. 68. swirruning, track, whirlpool, sauna utilize the club. Health club: a service where athletic facilities such as handball, exercise devices, etc. are provided and may in addition include a or massage service for members who shall register each time they . Subd. 69. Home occupation: a gainful enterprise, skill or profession, not including garage sales, conducted in a dwelling or accessory buildings by residents family thereof, provided no evidence of such activity is visible from the public street and no permanent revolving inventory of merchandise is maintained and no material, equipment, products, or other items related to the home occupation are stored or displayed outside. Subd. 70. Hydric soils: enough during the growing season (Added Ord. No. 96-779) Soils that are saturated, flooded, or ponded long to develop anaerobic conditions in the upper part. Subd. 71. Hydrophytic vegetation: Macrophytic plant life growing in water, sailor on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. (Added Ord. No. 96-779) Subd. 72. Interim use: a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. (Amended Ord. 89-656) Subd. 73. Hotel: a building containing guest rooms (i) in which lodging is provided with or without meals for compensation, (ii) which is open to transient or permanent guests or both, (iii) where no provisions are made for cooking in any guest room, and (iv) in which principal access to and from all rooms is made through an inside lobby or office supervised by a person in charge. Subd. 74. Junk yard: an area where used, waste, discarded, salvaged materials or other personal property is bought, sold, exchanged, stored, baled, cleaned, abandoned, packed, disassembled or handled, including but not limited to, scrap iron and other metals, paper, rags, rubber products, bottles and lumber: the term includes storage of such material in conjunction with a permitted manufacturing process when within an enclosed area or building. Section 515 Page 6 CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 99-209 SETTING FEES FOR A MASSAGE THERAPY LICENSE AND MASSAGE THERAPY INSPECTIONS WHEREAS, The City Council of the City of Hopkins has adopted ordinance 99-831, requiring those who practice Massage Therapy in the City of Hopkins to be licensed, and; WHEREAS, the City will incur expenses related to the enforcement of those licensing requirements, and; WHEREAS, Section 1000.05 of the City Code allows fees and charges to be modified, amended, added or deleted from time to time by resolution; NOW, THEREFORE BE IT RESOLVED, the fee for a message therapy license shall be set at $100 per year. This fee will cover the cost of one annual inspection and one follow-up inspection if needed. If more than one follow-up inspection is required, the second and each successive follow-up inspection that is required to assure compliance shall be billed at $50.00 per inspection. The investigation fee that is required with the initial application shall be $50.00. Adopted by the City Council of the City of Hopkins this 16th day of November, 1999. By Charles D. Redepenning, Mayor ATTEST: Terry Obermaier, City Clerk CITY OF HOPKINS HENNEPIN COUNTY , MINNESOTA ORDINANCE 99-831 AN ORDINANCE RELATING TO THE REGULATION OF MASSAGE THERAPY In order to protect and promote the public health, safety and welfare by: a. providing standards of education and training for Massage Therapists; b. providing a clean, sanitary, healthy and safe environment in which Massage Therapists can operate c. recognizing Massage Therapy as a legitimate business occupation. THE CITY COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. A new section 1185 is adopted as follows: Section 1185 - ReQulation of MessaQe Therapy 1185.01. Subdivision 1. Definitions. For purposes of this section, the terms defined in this section have the meanings given them. Subd. 2. MassaQe Therapy or Therapeutic MassaQe. 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. MassaQe 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 confine his/her treatment to the scalp, face and neck; who for compensation practices and provides therapeutic massage; who has a certificate of completion with a minimum of 500 hours of class credits from a recognized massage therapy school. Subd. 4. 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 therefor. Subd. 5. RecoQnized 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 a resident course of study of not less than 500 hours before the student shall be furnished a diploma 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. cl Schools offering a correspondence course not requiring actual attendance of class shall not be deemed a recognized school. 1185.05 License Required. Subdivision 1. It shall be unlawful for any person to practice as a massage therapist in the City of Hopkins without first obtaining a license to do so. Subd. 2. The license will be effective for one year and run from January 1 through December 31 of the license year Subd. 3. There will be no prorating of this license. 1185.07. License Application. Subdivision 1. Application will be made on forms provided by the City Clerk. The applicant will provide the following information as well as any information deemed necessary by the City Clerk: a) Applicant's full 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's driver's license or state 10 number c) Applicant's date 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 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 shall also provide proof of minimum hours of course work in the 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. 1185.09 Exclusions. Subdivision 1. An applicant is eligible for a massage therapist license if the applicant: a. submits proof of having completed at least 100 classroom hours of instruction in the practice of massage therapy; b. and has practiced massage therapy for compensation for at least 2 years during the 5-year period immediately preceding the date of the application. Subd. 2. This license may be renewed two times after initial application, giving the applicant three years to meet the licensing requirements. 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 fee for a therapy massage license will be set by resolution from time to time. License fees must be submitted at the time of application. 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 qranted. Upon receipt of the 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, which may reflect upon public health, safety or moral character. When all of the conditions of this ordinance have met, the City Clerk will issue the license. 1085.17 Denial. No license shall be issued to an applicant who: 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 a licensee 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 Revocation. A license may be revoked if the licensee is convicted of any violation of any ordinance or state statute reasonably related to the licensed activity. 1185.21 License Posted. The license must be posted in a conspicuous 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 a home 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 bv City Officials. Subdivision 1. 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. Subd. 2. Each licensed 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 a washable surface b. The massage table shall be covered with a disposable paper cover or with a sheet 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 a covered 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. I. 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. 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. Section 2. The effective date of this ordinance shall be twenty days after publication. First Reading of Ordinance 99-831 October 19, 1999 Second Read of Ordinance 99-831 November 16, 1999 Publication of Ordinance 99-831 November 24, 1999 Effective Date December 10, 1999 Charles D. Redepenning, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date CITY OF HOPKINS COUNTY OF HENNEPIN SUMMARY OF ORDINANCE 99-831 AN ORDINANCE REGULATING THE PRACTICE OF MASSAGE THERAPY The following is a summary of the major provisions of the new ordinance: · Defines Massage Therapy as 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. · Requires annual licensure with the fee set by resolution. · Requires an additional fee with the initial application for an investigation. · Establishes educational requirements for licensure as follows: 1. 150 hours in the theory and practice of massage, including but not limited to Swedish, Esalen, Shiatsu, and/or foot reflexology techniques; and 2. 100 hours of anatomy and physiology, including but not limited to skeletal and muscular structure and knesiology; and 3. 8 hours of hygiene and sanitation; and 4. 30 hours of business practices and ethics. · Sets the sanitation standards for inspections A printed copy of the entire ordinance is available from the City Clerk and at the Hopkins library. First Reading of Ordinance 99-831 Second Reading of Ordinance 99-831 Publication of Summary Ordinance 99-831 Effective Date of Ordinance 99-831 October 19, 1999 November 16, 1999 November 24, 1999 December 10, 1999