HomeMy WebLinkAboutOrdinance 1138ORDINANCE NO. 1138
BEING AN ORDINANCE AMENDINS ORDINANCE NO. 853, CITY GODE Of' 1977,
PERIAININS TO THE LICENSING OF MASSAGE THERAPISTS
The City of Columbia Heights does ordain:
Sect ion 1:
Section 5.612 of Ordinance No. 853, City Code of 1977,
passed June 21, 1977, as amended, which is currently reserved, is
herewith amended to provide as follow, to-wit:
SECTION 12 MASSAGE THERAPIST AND MASSAGE THERAPIST BUSINESS
5.612(1) (a) No person shall perform massage therapy without a license
issued pursuant to the provisions of this section.
(b)
No person shall operate a business as a massage therapist
without havir~ first obtained a massage therapist business
license issued pursuant to the provisions of this section.
(c)
This section shall not apply to any hospital, sanitorium, rest
home, nursin~ home, boarding home, or other institution for the
hospitalization or care of human beings, duly licensed ~der
the provisions of Minnesota Statutes $144.50 - $144.703, or to
persons duly licensed by the State cf Minnesota to practice
medicine, surgery, osteopathy, chiropractic, physical therapy
or podiatry, with or without the use of m~chanical,
therapeutic, or bathing devices.
5.612(2) Definitions. For purposes of this section, the following words
shall have the following means ascribed to them:
(a)
"Massage therapist" shall mean any person who for a fee rubs,
presses, strokes, kneads, taps, rolls, pounds, vibrates or
stimulates these superficial parts of the human body with the
hands or any instrument. ~
(b)
"Massage therapy business" shall mean any person, partnership or
corporation, either as principal or agent, who ergages in the
business of massage therapy or the employment of others
performinG message therapy for a fee.
5.612(3) Application.
(a)
Every person desiring a license to perform massage therapy
shall apply to the City Council for a license on an application
form provided by the City Clerk. The application shall
include: (i) name, place and date of birth a]ld street resideno~
of the applicant; (ii) the length of experience in this
occupation and the past places cf e~ployment and positions held
for the last ten years; and (iii) a description of any crime or
other offense, including the time, place, date and disposition
for which the applicant has been arrested and convicted.
(b)
(c)
No person shall make any material false statement in any
application.
Each application for a massage therapist license shall furnish
with the application a diploma or certificate of graduation
fr~n an American Massage Therapist Association approved school
or a diploma or oertificate of graduation from a school which
is either accredited by a recognized educational accreditinG
agency or association or is licensed by the state or local
goverrm~nt agency having jurisdiction over the school.
(d)
Each applicant shall also furnish proof at the time of the
application of course work in the theory and practice of
massage (including but not limited to Swedish, Esalen, Shiatsu,
and/or Foot Reflexology techniques) hygiene, and anatomy,
includin~ but not limited to skeletal and muscular structure
and organ placement.
(e)
Each applicant at the time of application shall demonstrate
that the applicant has had no less than six months' experience
in the practice of therapeutic massage with a minimum of 25
verified full practice massage therapy treatment~which
applicant has performed in a nonco~nercial setting and in the
status of a trainee. For purposes of this subdivision, a
trainee shall mean those persons with less than o~e year's
experienoe in the practice of therapeutic massage and engaged
in the active pursuit of knowledge of massage and related
areas. Applicants who have been actively engaged in the
practice of therapeutic massage for at least six months outside
of the City may, in the alternative, furnish proof of such
practice. No person shall make application for a massage
therapy business license unless such person has been licensed
as a massage therapist within the City of Columbia Heights. In
addition to ccmplying with the application requirements for a
massage therapist required by this subdivision, an applicant
for a massage therapist business license ~ust show proof that
the proposed location of the massage therapy business is
properly zoned for such use and must demonstrate that the
applicant has a right to a superior possessory interest in the
premises at the location approved to be licensed.
(f)
Each application for a massage therapist license or a massage
therapist business license shall be required to su~nit to and
pass an examination as to the qualifications and cc~petence of
said applicant for the practice of massage. The examination
shall be given by the City Clerk or such persons as he may
designate, in the form he may prescribe, whether written, oral,
or practical so as to d~termine whether the applicant has
sufficient knowledge, skill, training, and experienoe to safely
and competently administer massages to the general public.
Such examination shall test the applicant's (i) knowledge of
massage and public health statutes, ordinances, rules and
regulations; (ii) knowledge of anatomy; (iii) knowledge of the
theory of massage; and (iv) knowledge and ability in practical
massage. The City Clerk shall determine whether the applicant
has demonstrated sufficient knowledge, skill, traininG, and
experienoe to safely and oc~petently administer massages to the
general public. The City Clerk shall have the power to
delegate the administration ar~ GradinG of the examination to
the Division of Public Health of the City of St. Paul, and the
City Clerk shall have the authority to accept test results fr~
previous examinations within the City of St. Paul.
(g)
Execution of the Application. If the applicant is a natural
person, the application shall be si~ned and s~orn to ~y the
person; if a corporation, by an agent authorized to sign; if a
partnership, by partner.
(h)
The Chief of Police of his designee shall investigate into the
truthfulness of the statements set forth in the application and
shall endorse his findings thereon. The applicant shall
furnish to the Chief of Police such evidence as he may
reasonably requir~ in support of the statements set forth in
the application.
5.612(4)
License fee. The annual license fee for a massage therapist and a
massage therapist business licensee shall be determined by
resolution of the Council. In the absence cf a resolution, the fee
shall be One Hundred Dollars ($100.00). In addition to the fee
specified above, an additional One Hundred Dollar ($100.00) fee
shall be paid by an applicant: (a) upon initial application for one
of the licenses specified in this section, ar~ (b) upon application
for one of the licenses specified in this section after failing to
renew the license within one year of the expiration date of the
previously held license. The license and application fees provided
by this subdivision shall not be refunded whether or not the license
sought is Granted.
5.612(5)
5.612(6)
Expiration. All licenses issued under this section shall expire On
December 31 of each year.
Location. A massage therapist licensed under this section shall
perform massage therapy only at the place of business of a m~-~saGe
therapist business licensee designated in the massage therapist's
license. No massage therapist license may be transferred to a
different location or a different person.
A massage therapist business license under this section shall
authorize the licensee to carry on its business only at the
permanent place of business designated in the license. The massage
therapist business licensee shall either own the building in ~hich
the business is oonducted or have a lease On the business p~emises
which extends for more than six months. No massage therapist
business license may be transferred to a different location or a
different person.
5.612(7)
Prohibitive acts. No licensed massage therapist or massage
therapist business licensee shall permit or engage in the practice
of business of massage therapy in a location or in a manner that
violates any of the provisions of this section or any of the
following standards, to-wit:
5.612(8)
Denial, Suspension or Revocation. Any license under this section
may be denied, suspended or revoked for any of the following
reasons:
(a)
(b)
The use or proposed use is in conflict with the Columbia
Heights Zoning Code;
The use or proposed use is in conflict with any health,
building, building maintenance or other provision of this Code
or state law;
(c) Violation of any provisions of this section;
(d)
(e)
Fraud, misrepresentation or bribery in the securing of a
license or any false misrepresentation on any license
application;
Fraud, misrepresentation or false statements made in the course
of the applicant's business;
(f)
Conviction of the applicant or licensee, any partner or
shareholder of the applicant or licensee, any ~mployee cf the
applicant or licensee within the preceding five (5) years, of
any crime, petty misdemeanor or nunicipal ordinance relating to
the general health, welfare, morals, and safety of the
c~unity; or
(g)
Habitual drunkenness or intemperance in the use of drugs
including, but not limited to, the use of drugs defined in
Minnesota Statutes ~618.01, barbituates, hallucinogenic drugs,
amphetamines, Benzedrine, Dexadrine or other sedatives,
depressants, stimulants or tranquilizers; engaging in conduct
involving moral turpitude or permitting or allowing others
within their employ or agency to engage in conduct involving
moral turpitude or failing to prevent agents, officers or
employees in engaging in oonduct~ involving m~ral turpitude.
Section 2: This ordinance shall be in full forge and effect frcm and after
thirty (30) days after its passage.
First reading:
Second reading:
Date of passage:
February 9, 1987
February 23, 1987
February 23, 1987
Offered by: Pe~erson
Seconded [Ty: Paulson
Roll call: All ayes
Bft~-G. Nawrocki, Mayor