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<br />]...d.gutl of Mi"nu(}la Cities
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<br />. OROINANCE 99.12 J.'i
<br />An Ordinance pertaining to the practice of
<br />Therapeutic Massage; establishing operational
<br />and permit requirements.
<br />BE IT ORDAINED BY THE CITY COUNCil OF
<br />THE CITY OF HAM lAKE, ANOKA COUNTY,
<br />MINNESOTA. AS FOLLOWS:
<br />I. legislative Findings of Fact
<br />The practICe of massage has, in certain con-
<br />texts, been used in many communities at a
<br />means of practicing prostitution. State licensure
<br />of bona fide Therapeutk: Ma:ssage Practitione(I
<br />does not exist but the bon., fide 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 mass.1ge practitioners
<br />who are in fact engaging in illicit practices.
<br />Further, the publJc health, welfare and safety of
<br />patrons of.Therapeutic Massage dictates that
<br />certain controls be established to aSSUre that this
<br />'l'racttce will be responsibly discharged.
<br />Consequently. it (s in the best interest o( th~
<br />public that certain coruicrs and regulations be
<br />eshblished for the practice 0' Therapeutic
<br />Massage. There is hereby added to the Ham
<br />lake City Code an Article 9.2000, to read as
<br />follow1~
<br />9.2000 Therapeutic Massage Regulations
<br />9-201 0 Definitions. The follOWing definitions
<br />shall apply to thl.s Article 9-2000.
<br />9-2011 Therapeutic Massage. Therapeutic
<br />Massage means th'e practice o! administering
<br />physical therapy through the massaging,
<br />rubbing, kneading or other mllnipulations of the
<br />body, administered solely for tl1erapeutic
<br />purposes. Massage which results or is intendec;l
<br />to result in the sexual gratification of the recipi-
<br />ent is not Therapeutic Massage.
<br />9-2012 M.1usage Therapist. A Massage
<br />Therapist is a person engaging in the practice of
<br />administering Therapeutic Massage, and who
<br />meets the following qualifications:
<br />a} The per~on has completed 400 or more
<br />hours of training at a bona (ide therapeutic
<br />massage school, and
<br />b) The persoo has passed the National
<br />Certification Examination for Therapeutic
<br />Massage and Bodywork, ancf remains in
<br />good standing ilS to any 0090ing coolinll-
<br />ing certification requirements.
<br />9.~020 Permit I\equired. No person shall
<br />practice Therapeutic Massage from any IOC<ltian
<br />in the City unless the person first obtains a
<br />Therapelltic Massage Permit (TMP) from the
<br />City Administrator, after review by the Planning
<br />"Commiss)on 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. Each TMP
<br />applicant shall meet the following requirements:
<br />a) No permit shall be granted to any entity
<br />other than a natural person;
<br />b) The applicant shaU meet the definition of a
<br />Massage Therapist as found in Mticfe
<br />9-2012;
<br />c) The location from which the therapeutic
<br />massage practice will be conducted shall be
<br />identified and approved as provided in
<br />Article 9-2030 below.
<br />
<br />d) No person .$haU be granted a TMP if found
<br />to have eve!, been-.convicted of a crime
<br />Involving moral turpitude, specifically
<br />Induding _ any crime ,lnv9lvlllg pandering,
<br />prostitution, or sexual misconduct, Ea,h
<br />applicant shall consent to a criminal history
<br />background check to be conducted by t~
<br />offl,e of the Anoka County Sheriff, which
<br />sh~1l be updated annually. Compliance with
<br />thIS sedlon shan -be continuing in natUre
<br />and an event occurring subsequent to th;
<br />Issuance of a TMP, which would have ren-
<br />dered the appliamt Ineligible for a TMP had
<br />the event or drc:ums~nce occurred prior to
<br />iSSuance of the TMP shall be grounds. for
<br />r'eVoaItionoftheTMP,
<br />9-2022 Exceptions, A TMP Jha" not be
<br />required of any person licensed by the Slate of
<br />Minnesota to practice in a medical field, such as
<br />rnedidne, chiropractic. Of POdlilltry, nor shall a
<br />.fMP be required of a person engaging In
<br />Therapeutic Massage Which does not Involve
<br />physical contact between the practitioner ilInd
<br />the rec:ipient which occurs below the shoulders.
<br />This exemption is specifically Intended to apply
<br />to barbers and beauticians.
<br />9-2030 Premlse.$
<br />9~2031 Zoning Dlmlcts. Therapeutic
<br />Mauage activity may be conducted from
<br />premIses located in CO-2 zoning districts. In
<br />areal In which the zoning category permits sin-
<br />gle family residential uses (R-l, RS.l, PUD, Ml
<br />PUO and C-A), Therapeutic: Massage maybe
<br />conducted only upon the Issuance of a
<br />Temporary Conditional Use Permit issued under
<br />Article 9-870. The tenure ofthe Temporary
<br />Conditional Use Permit shall be at the discretion
<br />of the Gty Counel. If a Temporary ConditIonat
<br />Use Permit is required, the. applicant shall meet
<br />all of t/'le requIrements of this Code pertaining
<br />to Terryporary Conditional Use Permits.
<br />9-2032 Physical Characteristics. AU locations
<br />Irom which Therapeutic Massage is conducted
<br />shall meet the following requirements:
<br />a) The facility shall maintain proper lanilation
<br />deSIgned to protect the health of patrons,
<br />and shall meet th\! sllI'Iitation requirements
<br />of any jurisdiction having any regulatory
<br />c.ontrol 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 be limited to a single sign, not
<br />d,lumlnated or capable of illumination. The
<br />s.gnage shall be limited in size to six square
<br />(eet, And .shall Contain no neon fighting;
<br />d) The locatIon shall have received a Certificate
<br />of Occupancy issued for the sole purpose of
<br />condU~(ng Therapeutic Massage, and shall
<br />at all tImes observe all of the conditions of
<br />the Certificate of Occupancy. A Certificate of
<br />Occupancy shall not be issued until and
<br />unless a~ application for same shall have
<br />been revIewed by the Planning Commission
<br />and appro~ed by the CitY' Council, which
<br />may e.ltabhsh additional conditions for the
<br />operatIon of the activity;
<br />
<br />e) As ~ .condition to the issuance of any
<br />C~flca~e of ?~clJpancy, the applicant shall ,
<br />consent In wfltlO9 to random inspection by
<br />Qty agents during all business hours;
<br />f) A Certiflate of Occupancy is not transfer_
<br />"ble, ~nd shall be iSSued o"'y to a pe~on
<br />holding a TMP.
<br />Presented to the Ham lake City Coundl on
<br />June 21, 1999 and adopted by a 4~1 vote of the
<br />Ham lake .City Council this 6th day o( July
<br />1999. .. '
<br />Ga'Y Kirkeide, Mayor
<br />Doris Nivala, AdminIstrator
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<br />PUblished In Anoka Co, U"ion
<br />luly 9, 1999
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