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REQUEST FOR COUNCIL ACTION Date: 9/26/2005 Item No: 6. Department Approval: �-1.in;aa�r ��r�xi8�k- Agenda Section: �'�: ��t r" �� f � �� Public Hearings Item Description: Public Hearing to Cansider Amending City Code, Chapter 309 - Licensing of Massage Therapy Establishments Background City Code, Chapter 309 restricts the location of massage therapy establishments to beauty parlors (salons) and health clubs. An exception to the Code has been granted by previous Councils to allow for massage-for-fee services to also take place at stand-alone massage facilities and massage therapy teaching institutions. On occasion, City Staff receive inquiries andlor requests from businesses seeking authorization to provide chair massages at places of employment as part of an employee wellness program. In addition, inquiries are also received from businesses or individuals who wish to provide chair massages at various public locations such as shopping malls. A chair massage involves a fully- clothed customer sitting forward in a chair; and typically involves massage therapy involving the neck, shoulders, arms, and back region only. Under the current City Code, massage-for-fee services taking place in settings such as office buildings or shopping malls would be prohibited. City Staff has received a request by a prospective massage therapist who would like to provide chair massages at Rosedaie Mall. The massages would take place in the open-space common areas. The individual has specifically requested that the Council consider either granting an exception to the existing Code, or to amend it to allow for chair massages. In light of this latest request, and in consideration of the exceptions that have been granted and are in currently in effect, Staff is recommending that the Council amend City Code, Chapter 309. Previously, the Council took action to establish a public hearing for 9/26/OS to consider these amendments. Discussion Issues The State of Minnesota does not regulate massage therapy at the State level. As such, municipalities have discretion as to the local restrictions (if any) placed on massage therapy establishments and massage therapists operating within the City. From Staffs perspective, it appears that the current City Code is drawn from State regulations pertaining to the licensing of cosmetologists and hair salons, which identify certain public health requirements; as well as various public safety regulations dealing with potentially illegal activities.