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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