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<br />Lzagu~ of Minn~ota CitieS:
<br />Citiu pronrouR9 uu.nenlJlil
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<br />Date
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<br />Classification
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<br />Municipality
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<br />Research and Information Service
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<br />OROINANCE "'12-J,$"
<br />An Ordinance pertaining to the practice of
<br />Therapeutic Massage; e,stablishing operational
<br />and permitrequi!'en'\i!nts.
<br />BE IT ORDAINED BY THE CITY COUNCIL OF
<br />THE CI.TY OF HAM LAKE, A.NOKA COUNTY,
<br />MINNESOT^ AS fOllOWS:
<br />I. legislative Findings of Fact
<br />The practice of massage has, in certain con-
<br />texts. been. used in many communities as a
<br />means of practidng prostitutIOtl. State licensure
<br />of bona fide Therapeutic. Massage Practitioners
<br />does not exist, but the bona tide practice of
<br />Therapeutic Massage has 'been a recognized
<br />and Important element of physical and mental
<br />therapy for centuries, and should not be con-
<br />fused or equated with massage prilctitioners
<br />who are In fact'engaging in iIIicitpractkes.
<br />Further, the public health. welfare and safety of
<br />patrons of-Therapeutic: Massage dictates tha.t
<br />certain controls be established to assure that this
<br />i"pradi-ce will be responsibly discharged.
<br />Consequently, it Is in the best interest of thl;
<br />public:, that certain conttols and regulations be
<br />established for the practice of Therapeutic:
<br />Massage. There is hereby added to the Ham
<br />lake City Code an Article 9.2000, to read as
<br />follows:
<br />9-2000 Therapeutic Massage Regulations
<br />9-201 0 Definitions. The following definitions
<br />shall apply to this Article 9.2000.
<br />9-2011 TherapeutiC Massage. Therapeutic:
<br />Manage means the practice of administering
<br />physical therapy through the massaging,
<br />rubbing, kneading or other manipulations of the
<br />body, administered solely for therapeutic
<br />purposes. Manage which results or is intended
<br />to result in the sexual gratifICation of the redpi-
<br />el'\t is I\ot l"herapeut.k Massage.
<br />9-2012 Massage Therapist. A Massage
<br />Therapist is a ~cn engaging in the practice of
<br />administering Therapeutic Massage, and who
<br />meets the following qualifications:
<br />a) 'The person has completed 400 or more
<br />hours ot training at a bona fide therapeutic
<br />massage school, and
<br />b) The person has passed the National
<br />Certification Examination for Therapeutic
<br />Massage and Bodywork, and remains in
<br />good standing as to any ongoing 'ontinu-
<br />ing certification requirements.
<br />9-2020 Permit Required. No person shall
<br />practice Therapeutic Massage from any location
<br />in the City unless the person first obtains a
<br />Therapeutic Massage Permit (TMP) from the
<br />City Administrator" after review by the Planning
<br />'Commission a.nd approval by the City Council.
<br />Fees for the permit shall be established by reso-
<br />lution of the City Council.
<br />9-2021 Eligibility Requirements. Ea(h TMP
<br />applicant shan meet the following requirements:
<br />a) No permit shall be granted to any entity
<br />other than a natural person;
<br />b) The applicant shall meet the definition of a
<br />Massage Therapist as found in Article
<br />9-2012;.
<br />c) The location from which the therapeutic
<br />massage practice will be conduded shaJl be
<br />identified and approved as provided in
<br />Article 9-2030 below.
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<br />d) : No person shall be gl'ilnted a TMP if found
<br />to have ever been -.convicted of a crime
<br />!nvol~ing mora~ tu~pitude, spetifically
<br />Indudlng any, cnme .lOvl;lIving pllnd~ring,
<br />prostitution, or seXual misconduct. Each
<br />applicant shall oonsent to a aiminal histOzy
<br />background check to be conducted_by the
<br />offk~ of the Anok.a County Sheriff, which
<br />shall be updated anncally. Compliance with
<br />this. section shall-be continuing in nature
<br />and an event occurring subsequent to th~
<br />is.s.uance of a TMP. which would- have ren-
<br />dered the applicant ineligible for a IMP had
<br />the event or circumstance occurred prior to
<br />issuance of the TMP .shalL be grounds' for
<br />revocation of the TMP. .
<br />9-2022 Exceptions. A TMP shall not be
<br />re~uired of any perron licensed by the State of
<br />Minnesota to practice in a medical field, such as
<br />medicine, chiropractic,. or podiilotry, nor shall a
<br />.IMP be required of a person engaging hi
<br />Therapeutic Massage which does not involve
<br />physical contact between the,practitioner and
<br />the recipient which OCQ.lrs below the shoulders,
<br />This' exemption is specifiCally intended to apply
<br />to barbers and beauticians_
<br />9-2030 Premises
<br />9.2031 Zoning Districts.. Therapeutic
<br />Massage activity may beconduc~ed from
<br />premises located in CO-2 zoning districts. 10
<br />a-real,in which the zoning category permits :Sin-
<br />gle family residential uses (R-1, RS-l, PUO, Ml
<br />PUD and-C_A), Therapeutic: Massage may.be
<br />conducted only upon the Issuance of a
<br />Temporary Conditional Use Permit issued under
<br />Article 9-870. The tenure ofthe Temporaty
<br />Conditionall!se PenTIlt shall be at the discretion
<br />of the City Council. If a Temporary Conditional
<br />. Use Permit is required, th.e applicant shall meet
<br />all of the requirements of this Code pertaining
<br />to Ten:lporary Conditional Use Permits.
<br />9-2032 Physical Characteristics. AU locations.
<br />from which Therapeutic Massage is conducted
<br />shall meet the following requirements:
<br />ll) The facility shall maintain proper sanitation
<br />designed to prOCect the health of patrons,
<br />and shall meet the sanitation requirements
<br />of any jurisdiction having any regulatory
<br />control over the activity,
<br />b) Hours of operation shall be limited to 8:00
<br />am to 10:00 PM.
<br />c) ~ign~ge shall b; limited to a single sign, not
<br />ll.lummated or capable of illumination. The
<br />slgnage shall be limited in size to six square
<br />feet, and .shall contain no fleon lighting;
<br />d) The locatIon shall have received a Certificate
<br />of Occu~arn:y issued for the sole purpose of
<br />condu:trng Therapeutic Massage, and shall
<br />at all times observe all of the conditions. of
<br />the Certificate of Occupancy. A Certificate of
<br />OCcuponcy shall not be issued until and
<br />unless an application for same shall have
<br />been reviewed by the Planning Commission
<br />and appro~ed by the City Council, which
<br />may establish additional conditions for the
<br />operation of the activity;
<br />
<br />e) As ~ condition to the hsuance of any
<br />Ce~fjcate of Occupancy, the applicant shall
<br />COnsent in. writing to random inspection by ,
<br />Gty agents during all business houtS,
<br />1) A Certificate of Occupancy is. not transfer_
<br />able, and shall be issued only to a person
<br />holding a TMP,
<br />Presented to the .Ham lake City Council on
<br />June 21;. 1999 and adopted by a 4-1 vote of the
<br />Ham lake .City Council this 6th day of luly
<br />1999 '
<br />Gary Kii-teide, Mayor ~
<br />Doris Nivala, Administrator
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<br />PubliShed in Anoka Co. Union
<br />July 9, 1999
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