1999-831CITY OF NOPKINS
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. Anew section 1 185 is adopted as follows:
Section 1 185 -Regulation of Message Theragv
1 185.01. Subdivision 1 . Definitions. For purposes of this section, the
terms defined in this section have the meanings given them.
Subd. 2. Massage Theragv 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 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. Recognized School. Any school o~ 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.
c1 Schools offering a correspondence course not requiring actual
attendance of class shall not be deemed a recognized school.
1 185.05 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.
1 185.07. 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 ID 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.
1 185.09 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.
1 185.1 1 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.
1 185.13 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.
1 185.15 License aranted. 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;
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d. owes taxes, assessments, or other financial claims to any
governmental agency that are due and delinquent.
1 185.19 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.
1 185.21 License Posted. The license must be posted in a conspicuous
place where all patrons may see it.
1 185.23 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.
1 185.25 Home Occupation. Whenever massage therapy is conducted in
a residential area as a home occupation, the persons) 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.
1 185.27 Inspection by 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 b''e
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 sanitizes.
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
Second Read of Ordinance 99-831
Publication of Ordinance 99-831
Effective Date
October 19, 1999
November 16, 1999
November 24, 1999
December 10, 1999
Charles D. Redepennin ,May
ATTEST:
erry O aier, City Clerk
AP OV AS TO F
i y At rney Signat~
AND LEGALITY:
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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
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