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HomeMy WebLinkAbout356 - . ~ ~HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 356 AN ORDINANCE RELATING TO MASSAGE THERAPY ESTABLISHMENTS AND MASSAGE THERAPISTS THE ARDEN HILLS CITY COUNCIL ORDAINS THAT SECTION 330.04 AND ITS SUBDIVISIONS ARE HEREBY ADDED TO THE ARDEN HILLS MUNICIPAL CODE; AND THAT SECTIONS 5 (E) AND 10 (G) OF ARDEN HILLS ZONING ORDINANCE 291 ARE AMENDED TO READ AS FOLLOWS: Citv Code Section 330.04, Massage Therapv Establishments and Massage Therapists. . Subd. 1 Purpose. The purpose and intent ofthis Ordinance is to regulate Massage Therapy Establishments and Massage Therapists in order to protect and promote the public health, safety and welfare by: A. Providing standards for education and training of Massage Therapists. B. Providing a clean, sanitary, healthy and safe environment in which Massage Therapists can operate. C. Requiring insurance coverage. D. Recognizing massage therapy as a legitimate business occupation. Subd. 2 Definitions. As used herein the following terms shall mean: A. "Massage Therapy" shall mean any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, creme, lotion, ointment or other similar preparations. B. "Massage Therapist" shall mean any person who offers the services of massage therapy as part of a commercial transaction. C. "Massage Therapy Establishment" shall mean any place wherein massage therapy is . conducted by a Massage Therapist. . Subd.3 Prohibitious. Except as hereinafter provided, no person, party, firm or corporation shall: A. Act in the capacity of a Massage Therapist without first obtaining a license as hereinafter provided, B. Operate a Massage Therapist Establishment without first obtaining a license as hereinafter provided. C. Submit an application for a Massage Therapist or Massage Therapy Establishment License which contains false, inaccurate or misleading information, D, Act in the capacity of a Massage Therapist or operate a Massage Therapy Establishment contrary to the provisions of this Section. E, Provide Massage Therapy to a person that does not at all times have the sexual or genital parts of their body covered with a nontransparent covering, F, Act in the capacity of a Massage Therapist without having the upper and lower parts of their body completely covered at all times with a nontransparent covering or nontransparent clothing, G, Place their hand or hands upon, touch with any part of their body, or fondle in any manner a sexual or genital part of any other person. Subd.4 Exemptions. The following people are exempt from compliance with the provisions of this Chapter provided that they are rendering massage therapy within their scope of . employment and at their normal place of business: A. Persons duly licensed in the State of Minnesota to practice medicine, surgery, osteopathy, chiropractic and physical therapy, podiatry and nursing; and individuals performing massage therapy under the direction of such persons; B. Athletic directors and trainers certified by the National Associate of Athletic Trainers; C. Beauty culturists and barbers, who do not give, or hold themselves out to give, massage therapy as defined herein, other than as is customarily given in such places of business for the purposes of beautification; Subd.S License Application and Fee. An application for a Massage Therapist or Massage Therapy Establishment shall be submitted on forms provided by the City Administrator which shall be fully, truthfully and accurately completed. The license fee, as determined from time to time by Council Resolution, shall be submitted with the application. Licenses shall expire December 31 st of each year. Subd. 6 Law Enforcement Review. Upon receipt, the City Administrator shall forward copies of all application to the City's law enforcement agency. The City's law enforcement agency shall report, in writing, to the City Administrator, as to any police record of the applicant which may reflect upon moral character or responsibility. . 2 Subd. 7 Requirements for Massage Therapist's License. A Massage Therapist shall: . A. Be eighteen (18) years of age or older, verified by a birth certificate or driver's license. B. Have received a Comprehensive Certificate of Massage from a school recognized by the Minnesota Higher Education Board with a minimum of 500 class credit hours and is a member in good standing of the Minnesota Therapeutic Massage Network or the American Massage Therapy Association or other organizations possessing the same or similar standards and having an enforcement code of ethics. Subd.S Massage Therapy Establishment Restrictions. A Massage Therapy Establishment shall comply with the following regulations: A. The premises shall comply with applicable Zoning, Fire, Health, and Building Codes. B. The premises and equipment shall be clean, sanitary and well maintained. C. The holding of a license hereunder does not negate the requirement to hold other licenses or permits which may be applicable. D. No gambling shall be permitted on the licensed premises. E. No alcoholic beverages shall be allowed on or permitted to be brought onto the licensed premIses. F. No person who is visibly under the influence of alcoholic beverages or drugs shall be allowed on the licensed premises. G. No person shall be permitted to engage in disorderly conduct on the licensed premises and the licensee shall obey any reasonable order of the city's law enforcement agency . to terminate or prevent such disorderly conduct. H. Licensees shall comply with City, County, State of Federal laws, rules and regulations which are applicable to the licensed premises. I. The licensed premises shall be closed between the hours of 10:00 p.m. and 6:00 a.m. J. There shall be a waiting room for patrons which is separate from any area wherein massage therapy is performed. K. Licensee shall permit inspections during regular business hours by the City's law enforcement agency, building inspector, or appropriate fire or health officials to determine compliance with the City regulations or other appropriate state or county regulations. Subd.9 Massage Therapy Home Occupation Restrictions. A Massage Therapy Home Occupation shall comply with the following regulations: A. The premises shall comply with applicable Zoning, Fire, Health, and Building Codes. B. The premises and equipment shall be clean, sanitary and well maintained. C. The holding of a license hereunder does not negate the requirement to hold other licenses or permits which may be applicable. D. No gambling shall be permitted on the licensed premises while customers of the home occupation are on the premises. . 3 - ------.--..--------- ---------- E. No alcoholic beverages shall be allowed on or permitted to be brought onto the licensed . premises by customers of the home occupation. Nor shall alcoholic beverages be offered to or provided to the customers of the home occupation. F. No person who is visibly under the influence of alcoholic beverages or drugs shall be allowed on the licensed premises. G. No person shall be permitted to engage in disorderly conduct on the licensed premises and the licensee shall obey any reasonable order of the City's law enforcement agency to terminate or prevent such disorderly conduct. H. Licensees shall comply with the City, County, State or Federal laws, rules and regulations which are applicable to the licensed premises. 1. The licensed premises shall be closed between the hours of 10:00 p.m. and 8:00 a.m. on weekdays and shall be closed between the hours of 6:00 p.m. and 10:00 a.m. on weekends. The licensed premises shall also be closed between the hours of 6:00 p.m. and 10:00 a.m. on holidays. J. Customer appointments shall be scheduled so that there shall not be a need for a waiting room. If a waiting room is determined to be necessary it shall be separate from any area wherein massage therapy is performed. K. Licensee shall permit inspections of the home occupation during regular business hours by the City's law enforcement agency, building inspector, or appropriate fire or health officials to determine compliance with the City regulations or other appropriate state or county regulations. L. Licensee shall comply with all other parts of this code unless otherwise stated. M. Licensee shall comply with the Home Occupation regulations established in the City's . Zoning Ordinance and shall comply with the conditions of the Special Use Permit establishing the Massage Therapy business as a home occupation. N. Any change in ownership of the home shall negate the license of the massage therapy cstablishment as a home occupation and the Special Use Permit for such home occupation shall also become invalid. Subd.l0 Display of Permits. The license of the Massage Therapy Establishment and of every Massage Therapist employed thereby, shall be displayed in an open and conspicuous place on the premises and shown to law enforcement officers upon request. Subd. 11 Changed Conditions. All licensees must notify the City Administrator, in writing, as soon as practicable, but in no event later than ten (l0) days, of each and every material change in circumstances with respect to material and information contained in or a part of the license application. Subd. 12 Insurance. Massage Therapist Licensees must have and maintain in full force and effect, during the license period, a policy of liability and malpractice insurance issued by an insurance company licensed to do business in the state of Minnesota covering death, personal injury and property damage in the minimum amount of Three Hundred Thousand ($300,000) Dollars per person per occurrence. . 4 ----- . Ordinance. 291. Section 5 (E) Land Use Chart E. LAND USE CHART p ~ Permitted S ~ Special Use Permit D ~ Planned Unit A ~ Accessory ~ ~ Not Permitted SA ~ Special Accessory Use Permit Un Z USES R-1 R-2 R-3 R-4 NB 'B-1 B-2 B-3 B-4 CC GB I-I 1-2 I-FLEX -~n" J2.ish or T()w~r '^ I 'A I,^ '^ SA 'SA 10, I" " 0' I'A SA SA - Boardin'-' House _. S S S__~ S 1 5 Business S~ice - - IA P P P ! S p P P -- - - p Clinic p p P P P 5 P P P P Club or LQdg~ (non-orof'il) p p P -- 5 - ! ----.--- Club Snorts & Fitness A p P P 15 P P Ip I r"'TIlmf'rrj"J Rp"'''''''li'''n -- p p P Ip Dav Care/Residential Facilit,,: Da Care Facilitv: lOof less p p P I P IA IA A A IA A IA A IA A ^,,^- ," I IP IP Ip I pip Ip P Ip P j{.:i..J<>ntial F ir I p p p p S r,vPL6 -- 5_ 5 -- t, 5 000- Kennel S S Doer Run A A A - -- -- - - - - -- Drive-in Business S 5 S A Df',(:,!p'lli,1]j!& f.2.lIl1flrv: Pick Un Station S A !A A Self Service Laund"", S S 15 Dwcl1in e F' milv Att<ll'hp,-i S S D D nw..l1in<:r: I;:.jno-\c_F"rnih,Il"'''''he,l p Ip p Dwellino-; SinoJc Famil" under . Dwellincr; densit" zoning D D D D 1- Dwellin -F"milv , S P p S , Dwellio9; _ Multiole Familv -- D __IJ_S s D -- EaJ1h-sheltered Hanw S 5 S S i Financial Institution & Service p p p p P 5 P P P P T S S Home DeClination: Class I A A A A -- J A - J-- HDmc Occllnation: rl,as.s II 'A 'A 'A '^ -- _SA -- - Hotel!Motel -- ,P p S 5 S S__~ l}puse of Worship 5 S 5 S -- -- I 5 - 1-- -- - , Institutional Housinll '5 S S S 5 I 1"0,.1 Rc,..t",.,..,,,tinn , S , , S S < 0 1< 5 10 S S S Manufacturin'" & Processin Class! A A A P P P P Manufacturinp & Processino-: rJ'H" TT p Mining _ S 5 S_. 5 S S 5 S S S S S S Manufactured HOTTIe Park ~ -- S - - p-- *M assage Therapy S S S -- p p p p p -- p p -- Mortua"" Funeral Home - -- -- - -- -- p p -- S -- -- -- - _~lY.ltiole Use Ooeration -- -- is -- -- -- S S S_.._ S S S S S S - Nurserv .- S S S -- S -- - Office , p p p p p p p p !P P P~~-""'Tl Shan --- -- ~~QfJa] Service -- S A P P P - S P A Public Use .- S S 5 S ... _5 S S S S S S 5 5 S ~,h -- S . p S S -- p P P P Research Animals S - 5 S -- -- Restaurant -,-~.- S p p p S P S 5 RestaUT(;l.r!t-Fast Food 5 S S -- - -- Retail Sales & Service - -- -- p -- L p P S A A A A___ Service St~tion S S _s, 5 S -- , School. General Education 5 S IS 5 -- -- S ,- -- - i ~LHiJ2:her Ed~cation -~._." _5 -- D -- -- -- -- -- i School Snecial Ed.lication -- -- - -- -- S 5 5 S -- I StoraCTe f,xterior _..- 5A -- ~ -- -- -- - - -- - - -- - . I Studio -- 5 S p __n.~ _ p p S -- -"--.m_ 5 ~e!, Indoor -- -- -- -- -- 1-- -- p - S -- -- - -- ^.-..- i p p p . Utilitv Distribution Line X p p p p p p p - -p P Utility Substation -- -- -- -- 1 -- - -- -- S S -- 'r~n~Tl1;""inn I, -e c s IS , , , , , s S Vehicle Motorized Leasino- and Rentals I I, I IS I S I I I T I, I 1 .1 ~.I,l.sing HOr ! I-=_."L-::::::-___.I__^ I A I A I A liS I--P-- P IS *(n addition to the reqUIrements set forth III thlS Ordinance, all massage therapy establishments and massage therapists are subject to the requirements contained in the Arden Hills Code of Ordinance, and amendments thereto. Ordinance 291. Section 10 (G), Massal!e Therapv Establishments and Massal!e Therapists. In addition to the requirements set forth in this ordinance, all massage therapy establishments and massage therapists are subject to the requirements contained in the Arden Hills Code of Ordinances, and amendments thereto. THE ARDEN HILLS CITY COUNCIL ORDAINS THAT SECTION 330.03 OF THE ARDEN HILLS CITY CODE AND ITS SUBDIVISIONS ARE HEREBY REPEALED. Effective Date. This Ordinance shall become effective the 2151 day of April, 2005. Adoption Date. Passed by the City Council of the City of Arden Hills the lLh..day of ",r,' \ ,2005. . ~~~P/~' . .sEVERL Y IK WSKI, MAYOR 1YI~~ \~L~)oP MICHELLE WOLFE ~ CITY ADMINISTRATOR F:\users'Janice\Jerry\Arden HillslOrdinance 356 - 4.doc . 6 . ~ /]'\~ HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE SUMMARY ORDINANCE NO. 356 RELATING TO MASSAGE THERAPY ESTABLISHMENTS AND MASSAGE THERAPISTS On the 11th day of April, 2005, the Arden Hills City Council adopted Ordinance No. 356, and by four affirmative votes pursuant to Minn. Stat. 9412.191, Subd. 4, directed that a summary of the Ordinance be published. . Arden Hills Ordinance No. 356 is entitled "An Ordinance Relating to Massage Therapy Establishments and Massage Therapists" and will become effective the day following publication of this Ordinance Summary. The Ordinance No. 356 repeals Section 330.03 of the Arden Hills City Code Relating to Massage, Rap, and Sauna Parlors, and adopts new section 330.04 relating to Massage Therapy Establishments and Massage Therapists. The Ordinance also amends Sections 5(E) and 10(0) of Ordinance 291. A copy of the Ordinance is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. . d ~ ~ '-'" I3EVER~IK WSKI, MA YOR ATTEST: \ \ II '. ~ " \)\-t.V' \ MICHELLE WOLFE, CITY ADMI Publication Date. Published on the ~ day of --AfC) \ , 2005. . F:\users\Janice\krry\ArdenllillsIOrdillilf)("e 356 SummaI:)' - -'i.doe . i ') r; 7f'[I" . Affidavit of PubHcation ,:\l]iCi:U:,u: State of Minnesota} SS COUf!J.ty of Ramsey Tonya Whitehead , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SHORFVTFW RUT T.FTTN , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (8) The printed ORDINANCE NO. 356 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on WED. ,the 20TH day of APR. , 20~, and was thereafter printed and published on every to and including , the day of ,20_; and printed below is a copy of the lower case alphabet . from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPQRSTUVWXYZ * ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcdefghijklmnopqrs1uvwxyz Subscribed and sworn to before me on this 20TH day of APR. , 20 05 , 'r)~-1 A' cfJ:1LtAJ - Notary Public 'Alphabet should be in the same size and kind of type as the notice. l~ ,." ~A".._ :';:"""',:'~? ,r-_. ~--.....~ -~~.'.'.'....<.,.....t)..~.'.S Kc:RI A. SOLSETHl RATE INFORMATION . '~'. ';t\. -' Notary Public-Min "" My Comm"""", 0_ n9S0ta ,--,,#,lresJ :31 20 (1) Lowest clas II .. 10 commercial users for comparable space_________.__._____ ________..__.______...______.____.____.,,$24.00 per col. inch (2) Maximum rate allowed by law for the above matter"""" """"..."".""".........".$20.49 per col. inch (3) Rate actually charged for the above matter........"....".......... ".."..__.,,____ ______ ___$ per col. inch 1/05 . . CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE SUMMARY ORDINANCE NO. 356 RELATING TO MASSAGE THERAPY ESTABLISHMENTS AND MASSAGE THERAPISTS On the 11th dayo! April, 2005, fheArden HHls City Council adopted Ordinance No. 356. and by four affirmative votes pursuant to Minn. Stat. ~12.191, Subd. 4, directed thai a summary of the Ordinance be published. Arclen Hills Ordinance No. 356 is entitled ~An Ordinance Relating to Massage Therapy Establishments and Massage Therapists~ and will become effective the I day following publication of this Ordinance Summary. The Ordinance No. 356 repeals Section 330.03 of the Arden Hills City Code Relating to Massage, Rap, 8F.'1d Sauna Panors, and adopts new section 330.04 relating to Massage Therapy Establishments and Massage Therapists. The Ordinance ,also amends Sections 5(E) and 10(G) of Ordinance 291. A copy of the Ordinance is available for inspection by any person during regular . business hours at the office of the City Administrator. 1245 Wesl Highway 96, Arden Hills, Minnesota 55112. BEVERLY'APLlKOWSKI, MAYOR I ATTEST MICHELLE WOLFE, CITY ADMINISTRATOR (Bulletin: Apr. 20, 2005) . .