CR 11-101 Massage Ordinanceills'
November 7, 2011
i
MASSAGE ORDINANCE
Proposed Action
Council Report 2011-101
Staff recommends that the Council approve the following motion: Move that the Hopkins City Council
approve Ordinance 2011-1040 for first reading.
Adoption of this motion will begin the process of amending Section 1185 of the Hopkins City Code to
require massage establishments to be licensed.
Overview
This summer a masseuse was arrested for prostitution. Since the City of Hopkins licenses the practitioner of
massage but not the business, there is no way to hold the business responsible for the actions of its
employees.
Discussions between City staff, including the Police Department, and the City Attorney's office determined
that licensing the business as well as the practitioner would provide the City with another enforcement
mechanism. Another benefit of licensing the business 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.
• Staff is therefore proposing that Section 1185 of the City Code be amended to add a Massage Establishment
License.
Even with this change, not every establishment that has a massage practitioner would be licensed. 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. Also the proposed
ordinance change would only apply to businesses with two or more practitioners.
Ordinance 2011-1040 also spells out the process for suspending or revoking a license.
Primary Issues to Consider
What are the major changes to the massage ordinance?
Has there been any public comment?
Supporting Information
• Analysis of Issues
• Alternatives
• Ordinance number 2011-1040
al zg '
James A. Genellie
0 Assistant City Manager
Council Report 2011-101
Page 2
Analysis of Issues
What are the major changes to the massage ordinance?
• A Massage Therapy Establishment is defined
• A provision is added that requires a Massage Therapy Establishment to be licensed and states the
information which must be provided in order to be licensed
• The reasons for revoking, suspending, denying or not renewing a license are listed as well as the
procedures to be followed
• A provision is added which states that 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 the massage ordinance.
Has there been any public comment?
The City received one comment which stated that a particular establishment should not need to be licensed
because it was being licensed as a salon by the State of Minnesota. The draft ordinance does not contain an
exception for a business licensed as a salon. However, the business in question would be exempt because
there is only one person practicing massage at this location.
SAlternatives
1. Adopt Ordinance number 2011-1040 for first reading.
2. Do not adopt Ordinance number 2011-1040.
Staff recommends Alternative #1.
0
CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2011-1040
AN ORDINANCE AMENDING
SECTION 1185 OF THE HOPKINS CITY CODE
THE COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. That Section 1185.01 be amended as follows by adding:
Subd. 4. Massage Therapv Establishment. Anv establishment wherein two or more
massagepists provide 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.
Section 2. That Section 1185.05 be amended as follows:
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
40 Chapters 147 or 148.
Section 3. That Section 1185.07 be amended as follows:
1185.07. License Application. Subdivision 1. Massage Therapist License. Application for a
Massage Therapist 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) 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)
bey 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.
Section 4. That Section 1185.09 be amended as follows:
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.
Section 5. That Section 1185.11 be amended as follows:
1185.11 Fees. Subdivision 1. The fees for Massage Therapy licenses and Massage
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)
•
Section 6. That Section 1185.15 be amended as follows:
• 1185.15 License granted. Upon receipt of an 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 partners), which may reflect upon public health, safety or moral character. When all
of the conditions of this ordinance have met, the City Clerk shall issue the license. If any of the
conditions have not been met to the satisfaction of the City Clerk the license shall not issue
Section 7. That Section 1185.17 be amended as follows:
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
any partner, officer, or director:
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.
• Section 8. That Section 1185.19 be amended as follows:
1185.19 Revoking, Suspending, Denning or Not Renewing a License
Subd. 1. The City Council may revoke suspend deny or decline to renew any Massage
Therapist license or Massage 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
accompanyingthe he application.
c) The applicant has failed to comply with any 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.
fl 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.
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.
h) Failure of a holder of a Massage Therapy 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.
gLv violation of this Section 1185.
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 by first class 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 designee 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 witnesses) 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 Massage Therapy 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 Massage Therapist that has had his or
her license revoked, suspended denied or non -renewed may perform therapeutic massage in the
City of Hopkins; and no Massage Therapy Establishment that has had its license revoked
suspended, denied, or non -renewed may offer therapeutic massage in the City of Hopkins or
allow another to do so.
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 -renewal 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.
0
0 Section 9. That Section 1185 be amended by adding Section 1185.20 as follows:
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.
Section 10. That Section 1185.21 be amended as follows:
1185.21 License Posted. A Massage Therapist license and a Massage Therapy
Establishment license must be posted in a conspicuous place where all patrons may see it.
Section 11. That Section 1185.27 be amended as follows:
Subd. 2. Each licensed 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.
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 thergpeutic massage at that
establishment and ensuring they conform to the requirements of this Section.
Section 12. That Section 1185 be amended by adding Section 1185.29 as follows:
is
1185.29. Penalties. A person who violates any of the provisions of Section 1185 may be charged
with a misdemeanor or be subject 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.
L�
•
Section 13. The effective date of this ordinance shall be the date of publication.
First Reading:
November 15, 2011
Second Reading:
December 6, 2011
Date of Publication:
December 15, 2011
Date Ordinance Takes Effect:
December 15, 2011
ATTEST:
Kristine Luedke, City Clerk
Gene Maxwell, Mayor
0