Memo- Amendments to the Massage OrdinanceDepartment of Administration
Memorandum
To: City Council
From: Jim Genellie
Date: October 7, 2011
Subiect: Amendments to the Massaqe Ordinance.
Due to the problems that recently arose with several individuals who have massage
licenses, we are considering some amendments to our current ordinance.
In Hopkins we license the practitioner of massage. We do not license the business.
This has allowed the business where the masseuses were arrested, located at 1209
Mainstreet, to quickly reopen with new licensed practitioners.
Other cities, such as St. Anthony and St. Louis Park, license the business as well as
the practitioner. St. Anthony includes a process for certain kinds of businesses to
exempt themselves from having to get a license. (See SA 111.341 (C)). St. Louis
Park simply requires all establishments conducting massage to get a license.
State law exempts massage therapists who are working for or an employee of a
medical professional licensed under Minnesota chapter 147 or 148, so any business
such as this would not be licensed.
Requiring other businesses in Hopkins, which have a massage practitioner, to get a
license will mean a new cost for existing businesses.
Assuming that we worked out the issues with licensing businesses as well as
practitioners, could we prevent a business from quickly reopening as did 1209
Mainstreet?
St. Anthony allows for licenses to be suspended without a hearing. (See SA
111.350). The City Attorney is not comfortable with this option and recommends that
the Council hold a hearing to suspend a license. This is in keeping with the
language in regard to other business licenses in the City of Hopkins. (See Attorney
Memorandum - Massage memo 111004)
One additional benefit of licensing the business as well as the practitioner is that the
City could deny a future massage business license to individuals or entities that
violated the law or failed to prevent a violation in the past.
\Worksession Memo - Massage.doc
Department of Administration
Another issue seems to be with the paperwork accepted as proof that a practitioner
has had the requisite hours of training. We are receiving some information that
certain schools in California may not be legitimate and that there are people who
are willing to provide documentation to a potential licensee for a price.
This issue will have to be resolved with additional investigation of documents. The
current fee structure may have to be revised. The investigation fee could be raised
but the renewal license fee could be lowered.
Attached is a draft of a revised massage ordinance that would require all
businesses to get a license and would establish mechanisms for suspending,
revoking, or denying massage licenses.
Attachments:
• SA 111.341 (C)
• SA 111.350
• Massage memo 111004 (City Attorney's Opinion)
• Draft Massage Ordinance
\Worksession Memo - Massage.doc
St. Anthony Massage Ordinance, Section 111.341 (C)
(C) Certain businesses exempt.
(1) The preceding provisions of this subchapter notwithstanding, no business
license shall be required for a business establishment which offers massage as an
accessory use if it meets all of the following criteria as evidenced by affidavits and other
documents submitted to and in form and substance reasonably acceptable to the City
Manager.
(a) The principal activity of the business shall not be performing massage for
a fee or other consideration.
(b) The annual gross revenue of the business from performing massage is
less than 25% of the total annual gross revenue of the business as shown by financial
statements or an affidavit signed by the authorized officer of the business. In lieu of
delivery of the aforementioned affidavit, at the direction of the city, the business shall be
required to deliver, a certification from a certified public accountant, acceptable to the
Manager, that the annual gross revenue from massage services, for the preceding 12
months, is less than 25% of its total annual gross revenue for the period of time.
(c) The room or rooms where massage is performed shall not have an
exclusive entrance from or exit to the exterior of the building in which the principal
business is located or to a public concourse or public lobby. Notwithstanding the
foregoing, massage may be performed by an individual at the residence of the person
receiving the massage.
(d) All fees or other consideration derived from performing massage shall be
received by and accounted for by the proprietor of the principal business.
(e) All individuals performing massage in connection with the business shall
be employees of the principal business or shall be independent contractors or agents who
perform massage pursuant to a written agreement with the owner of the principal business
and each individual performing massage in connection with the business shall meet the
educational requirements of § 111.352(E).
(2) Any business that requests an exemption from the business license requirement
shall submit the required affidavits and documents on an annual basis. The exemption
request shall be due on or before the fifteenth day of March of each year.
St. Anthony Massage Ordinance, Section 111.350 SUSPENSION OR REVOCATION OF
LICENSE.
The City Council may suspend for any period not exceeding 60 days, or revoke, any
license issued pursuant to this subchapter upon finding a violation of any provision of this
subchapter or upon violation of any other provision of this code or state law or regulation
affecting the activities covered by this subchapter. Any conviction for prostitution or any
other crime or violation involving moral turpitude shall result in the revocation of any
license issued under this subchapter. Except in the case of a suspension pending a hearing
on revocation, revocation or suspension by the City Council shall be preceded by written
notice to the licensee of a hearing. The notice may be served upon the licensee personally
or by mailing it to the business or residence address set forth in the application or on file
with the City Manager. The notice shall give at least 10 -days notice of the time and place
of the hearing and shall state the nature of the charges against the licensee. The City
Council may, without notice, suspend any license pending a hearing on revocation for a
period not exceeding 30 days.
STEINER & CURTISS, P.A.
ATTORNEYS AT LAW
400 WELLS FARGO BANK BUILDING
1011 FIRST STREET SOUTH
HOPKINS, MN 55343
JEREMY S. STEINER*
WYNN CURTISS
JASON T. HUTCHISON
*Real Property Law Specialist, certified
by the Minnesota State Bar Association
MEMORANDUM
Date: 4 October 2011
To: Jim Genellie
Assistant City Manager
From: Jason T. Hutchison
Assistant City Attorney
Re: Massage licensing issues
Office: (952) 938-7635
Fax: (952)938-7670
Direct: (952) 253-0070
jhutchison@steinercurtiss.com
Facts
A massage therapist licensed by the City of Hopkins has been arrested and charged with prostitution following an
undercover police investigation of a massage parlor on Mainstreet. These events occurred on or about August 24,
2011. These events have caused certain members of City Staff and the Police Department to review the massage
licensing ordinance, Section 1185, and consider what changes could be made to address perceived deficiencies in
the current ordinance, which does not appear to have been updated since 1999.
At present, Hopkins only licenses individual massage therapists: not the business establishments at which they
practice.
Issues
You have asked me to address the following:
1) May the City may require massage parlors to apply for licenses, in addition to requiring individual
massage practitioners to apply for licenses.
2) Can the City prevent a business where one of the practitioners is arrested for prostitution (or similar
crime related to the licensed activity) from reopening as quickly as 1206 Mainstreet reopened?
3) May the City may use the fact that someone conducted prostitution at a particular location to deny any
future license to that location either permanently or for a period of time?
4) How may the City address concerns that certain out-of-state schools provide licensing or diploma
credentials "for a price," without actually requiring the individual to attend classes or otherwise meet the
licensing criteria?
I. Licensing the Establishment — not only the Massage Therapist
Your first question is answered in the affirmative: The City may require massage parlors to obtain licenses in
addition to requiring individual massage therapists to obtain licenses. The City, pursuant to Section 1.02 of its
/Hopkins.civil/Massage Genellie.Massage.memo.doc
Charter, has "all powers which shall be necessary to preserve, promote, advance and protect the health, safety and
general welfare of persons." Licensing of business activities is permissible so long as it is reasonable, not
unconstitutional, and not prohibited or preempted by state statute.
Massage falls under a "catch-all" category of complimentary alternative medicine and practices falling under
Chapter 147A of the Minnesota Statutes. The only real statutory limitation on the City's power to license
massage is contained in Minnesota Statute 471.709, which states that "[A] municipality shall not require a
massage therapist to obtain a license or permit when the therapist is working for or an employee of a medical
professional licensed under chapter 147 [Medical Doctors] or 148 [Chiropractors].
Because there are no statutes prohibiting the City from imposing a license requirement for the massage parlor in
addition to the practitioner and it falls under the authority granted by the Charter, the City may permissibly
require licenses for massage therapy establishments. One caveat: I would recommend that the Council make
some findings setting forth its reasons for the changes (and probably citing the current situation, too) when it
adopts any new licensing requirements.
II. Closing the business quickly — and keeping it closed.
Your second question is more complicated. There are several possible ways a City may "shut down" this sort of
establishment, but the real question is how a City may do it quickly and, preferably, before a hearing.
There are several ways this can be done without having a hearing related to the license: (1) The police may seize
the business equipment as evidence and get a warrant locking down the business as "crime scene" for further,
more detailed investigation. This would keep the business closed for a few days. (2) The City could petition for
a Temporary Restraining Order utilizing nuisance abatement remedies contained in its ordinances (although I
would recommend a small change to the definition of Nuisance in Ordinance 615.02 to include a "public
nuisances" for prostitution related activities). (3) The City could obtain an injunction under Minnesota Statute
617.81 for permitting a public nuisance (depending on the strength or weakness of the police reports).
However, your question seems to be directed at a more immediate way to shut down the business, namely
immediate suspension of the license by the City manager without hearing by the Council.
Any time a city suspends a business license, it opens itself up to a potential "takings" claim. General due -process
requirements apply to the taking of a license (or other property right). The conservative approach (and the
approach endorsed by the League of Minnesota Cities and Minnesota case law on the subject) is that suspension
or revocation of a license should only occur after notice of the violation and opportunity to be heard.
Some cities, such as St. Anthony, take a more aggressive approach. Their ordinance provides, "The City Council
may, without notice, suspend any license pending a hearing on revocation for a period not exceeding 30 days." I
have not found any appellate case law indicating that this provision has been tested by a Minnesota appellate
court, but it is a deviation from the traditional approach.
If the City wants to be aggressive in this matter, our office can certainly re -draft the existing ordinance to provide
for suspension of the business' license pending a hearing at a future date. However, the Council will need to
acknowledge that there is some ambiguity under current law whether immediate suspension or revocation of a
license may be occur without a hearing, and that anyone who wants to fight the issue will raise a due -process
challenge to the ordinance. Also, I believe that the case for an immediate license suspension is better for the
massage therapist who has been arrested than for the business.
However, the situation could probably be addressed in a sufficiently timely fashion by simply moving forward
with the hearing more quickly: the recent incident in occurred on August 24, 2011. If the City had the ability to
suspend an establishment's license, a hearing could have been held in a matter of days and the license could have
/Hopkins.civiWassage Genellie.Massage.memo.doc
been suspended two or three weeks ago. Is a more rapid response than this necessary or desirable?
III. Denial of a license due to previous illicit activity at that location.
The City probably cannot deny a new license solely because a different individual committed a previous offense
at that location. It would be like denying new bar (like Wild Boar, for instance) a license to open in a location
solely because the previous owner had violated a liquor law: you can't punish someone who otherwise qualifies
for a license solely because an unrelated individual broke a law. However, you probably can deny the license if
the ownership of the new establishment is controlled by some of the same individuals or entities that violated the
law or failed to prevent a violation in the past.
IV. Suspected "sham" massage schools and licenses.
Finally, as to out-of-state massage schools and bogus class certifications: What is the City currently doing to
verify that a massage school diploma is legitimate and meets the criteria currently set forth in our ordinance? The
current ordinance is quite specific on the educational requirements. I could (and would recommend) modifying
the ordinance to make it clear that the license can be denied if the City Clerk thinks the diploma (or the school
that issued it) is bogus. I think a realistic response should take into account how people will verify these
diplomas: are they taken at face value, or are they meaningfully investigated? This concern should be addressed
by starting with an in-house review of current licensing investigations.
V. Proposed revisions to ordinances.
I have drafted some proposed changes to our current ordinance, which hasn't been updated since 1999. Please
consider these "draft" proposals; they are not yet ready for submission to the Council without some in-house
discussions between City Staff, the Police Department, and our office.
First, I recommend creating an additional "Massage Therapy Establishment" license — in addition to the existing
Massage Therapist license. Second, the ordinances should add a requirement that the holder of the Massage
Therapy Establishment license is responsible for providing proper "supervision of employees or independent
contractors to deter prostitution related activities or other license violations by massage therapists." Third, the
ordinances should and provide for license suspension or revocation for the establishment's failure to properly
supervise. This establishes a "duty to manage or supervise" the establishment by ordinance and will make the
suspension or revocation of a license easier for the City.
In the present case, the establishment was staffed solely by two massage therapists acting as "independent
contractors" on the day of offense; there was no manager or owner present at the time of the alleged prostitution.
If the proposed revisions were in effect the Council could, quite easily, find that the holder of the establishment
license hadn't done enough (anything) to properly supervise or deter prostitution related activities and use this
finding as grounds to revoke or suspend the establishment's license — which would solve the current problem and
similar situations in the future.
Conclusion
Please review the proposed revisions and provide me your comments. Please note that I have included authority
for the City Manager to temporarily suspend a license, even though I believe that this is stretching the City's
authority.
Please don't hesitate to contact me with additional questions or concerns on this matter.
JTH
Encl.
/Hopkins.civil/Massage Genellie.Massage.memo.doc
Hopkins City Code (Rev 2006) 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 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 Massage 'Therapy Establishment An establishment providing 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 provisions of
Minnesota Statutes Sections 144.50--144.69.
Subd. 54. 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. 64. Recosnized 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.
c) 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 or operate a massage 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. (Amended Ord. 2003-899)
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.
1185.07. License Application. Subdivision 1. Massa re€ Therapist License. Application for a Massage
Therapist license will—shall be made on forms provided by the City Clerk. The applicant wall—shall
provide the following information as well as any other information deemed reasonably necessary by the
City Clerk:
Section 1185 1
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 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 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.
Subd 3 Massage Therapy Establishment license Application for a Massage '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'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) A description of any crime or other offense including the time place date and
disposition for which the applicant has been arrested.
f) If Applicant is a corporation 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 Exclusions. Subdivision 1. An applicant is eligible for a mas:
1185.11Fees. Subdivision 1. The fees for a tlief pay fnaisg ssage Therapy licenses and Massae
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.
1185.13Renewal. 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 anthe-_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's officers directors, or partacrs), which
may reflect upon public health, safety or moral character. When all of the conditions of this ordinance
have met, the City Clerk vA44-shall issue the license. if anv 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 a natural person, or to an
applicant who is a corporation limited liability company, or other business entity where anv partner,
officer, or directorwho:
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;
Section 1185
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 Massa47e 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 an_y 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 a danger 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.
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 a holder of a Massage 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.
1h) Failure of a holder of a Massage TherMpy 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.
g, Any violation of this Section 1.185.
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's agent b first 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
desiQuee 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 a written 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
licenses Massagepy 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 a license is reissued or reinstated, no
Section 1185 4
Massage Therapist that has had his or her license revoked suspended, denied or non -renewed may
perform therapeutic massage in the City of 1-Iopkins; and no Massage Therapy Establishment that has had
its license revoked, suspended, denied, or non -renewed may offer therapeutic massage tn��-in the
City of Hopkins, or allow another to do so at its btisiness4eeatiea.
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-retiewal
is discretionary. Any application to obtain a Massage 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 'I'lle City Manageray_ temporarily suspend a Massar?e
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.
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 a Massage Therapist or a Massage
Therapy Establishment to offer therapeutic massage until such time as a valid license has been issued.
stat-4tLttt+te-r�aa-;�etiyit;,l:
1185.21 License Posted. Tl-te-A Massage Therapist license and a Massage Therapy Establishment
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 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 therapi7t—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 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.
Section 1185
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.
1. 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.
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.
1 185.29. Penalties. A person who violates any of the provisions of Section 1185 may be charged with a
misdemeanor or be subiect to the issuance of an administrative citation as provided in Section 355 or
both. Each day that a violation continues shall be deemed a separate 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 was added by Ordinance 99-931
Section 1185