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<br />rtMc <br /> <br />Laa.gutl of Minnes:ota emu <br />emu pt'Omoling r>>:ceUenCG <br /> <br />Date <br /> <br />J-c5p <br />~~e <br />~q . <br /> <br />Classification <br /> <br />Municipality <br /> <br />Research and Information Service <br /> <br /> <br />OROINANCE "-12 ;;.~ <br />An Ordinance pertaining to the practJce 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 />f. 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 practicing prostitution. State licensure <br />of bona fide Therapeutlc Massage Practitioners <br />does not exist, but the bona' 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 massage practitioners <br />who are in fact engaging in illicit practices. <br />Further, the public health, welfare and safety of <br />patrom of-.Th~rapeiJtlc Massage dictates that <br />certain controls be establiShed to anure that this <br />,'-practice will be responsibly discharged, <br />Consequently, it is In the best interest of th~ <br />public that certain contlols and regulations be <br />established for the practice of Therapeutlc <br />Massage. There Is hereby added to the Ham <br />Lake City Code art 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 />Massage means the practice o~ administering <br />physical therapy through the massaging, <br />rubbing, kneading or other manipulations of the <br />body, administered solely for therapeutic <br />purposes. Massage which results or Is intended <br />to result in the sexual gratification of the recipi- <br />ent is not Therapeutic Massage. . <br />9-2012 Massage 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 person has completed 400 or more <br />hours of training at a bona fide therapeutic <br />mamlge 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 continuo <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. 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 shall meet the definition at a <br />Massage Therapist as found in Article <br />9-2012;. <br />c) The location from which the therapeutic <br />massage practice wi<< be conducted 5hall be <br />identified and approved as provided in <br />Article 9.2030 below. <br /> <br />d) 'No person shall be granted a TMP if found <br />to have ~ve!. been,'convicted of a crime <br />Involving moral turpitude, specifically <br />indudlng, any crime ,inv91vlng panderIng, <br />prostitution, or sexual misconduct. Each <br />applicant shall consent to a criminal hlstoiY <br />background check to be conducted by tIHi <br />office of the Anoka County Sheriff, which <br />shall be updated annually. Compliance wIth <br />this section shall :be continuing in nature. <br />and an event occurring subsequent to the <br />Issuance of a TMP which would have ren- <br />dered the applicant ineligible for a l'MP had <br />the event or circumstance occurred prior to <br />issuance of the TMP shall. be grounds" for <br />revocation ofthe TMP. <br />9-2022 Exceptions. A TMP shall not be <br />required of any person Ucensed by the State of <br />Minnesota to practice in a medical field, such as <br />medicine, chiropractic, or podiatry, nor shall a <br />,TMP be r~quired of a person engaging In <br />therapeutIc Massage which does not involve <br />physical contact between the practitioner and <br />the recipient which occurs 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 be conducted from <br />premises located In CO-2 -zoning districts. In <br />aren In which the zoning category permits sin- <br />gle family residential uses (R-l, RS-l, pu~, Ml <br />PUD andC-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 onhe Temporary <br />CondItional Use Permit shall be at the discretion <br />of the City Council. It a Temporary Conditional <br />Use Permit is required, tile applicant shall meet <br />aU of the requirements of this Code pertaining <br />to Te~porary Conditional Use Permits.. <br />9-2032 Physical Characteristics. AU locations <br />from which Therapeutic Massage is conducted <br />shall meet the following requirements: <br />a) The facHity shall maintain proper sanitation <br />designed to protect the health of patrons, <br />and sna.1I ,:"e7t the sanitation requirements <br />of any ,urlSdlction 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) ~igna.ge shalt be limited to a single sign. not <br />.r.'umlnated or capable of illumination. The <br />slgnage snail be limited in size to six square <br />feet, and .shall contain no neon fighting; <br />d) The location shall have r~ceived a Certificate <br />of Occu~ancy issued tor the sole purpose of <br />condu~t:tng Therapeutic Massage. and ~haU <br />at all times observe all of the conditions ot <br />the Certificate of Occupancy. A Certificate of <br />Occupancy shall not be issued until and <br />unless an application for same shail have <br />been reviewed by the Planning Commission <br />and approved by the City Council which <br />may e~tablish additional conditions' for the <br />operation of the activity; <br /> <br />e) As ~ .condition to the issuance of any <br />Ce~'flCate of Occupancy, the applicant shall <br />consent in' writing to random inspection by , <br />City agents during all busineu hours' <br />f) A Certificate of Occupancy Is not t~ansfer_ <br />able~ ~ndshall 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.Clty Council this 6th day o( July <br />1999. . . <br />Cary Khlceide, Mayor <br />Doris Nivara, Administrator <br />abcdefghijklmnopqrstuvwxyz <br />Published in Anoka Co. Union <br />Jury 9, 1999 <br /> <br />e <br /> <br />e <br />