H-3 Massage Business Licensing0
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
H -3
TO: Todd Gerhardt, City Manager
FROM: Laurie Hokkanen, Assistant City Manager ,
DATE: November 25, 2013
SUBJ: Massage Therapy Business Licensing
PROPOSED MOTION
"The Chanhassen City Council adopts an Ordinance Amending Chapter 10 of the
Chanhassen City Code concerning Licensing Massage Therapy Businesses."
Approval requires a simple majority vote.
BACKGROUND
Based on the feedback received from the City Council and businesses over three work
session discussions, staff proposes to implement Massage Therapy business licenses via
the attached ordinance.
Key provisions of the ordinance:
• One time $50 License Fee
• One -time Background Check: Conducted by Carver County at a cost of $250 per
business (regardless of the number of owners /general managers). A new
background check would be required only if/when management or ownership
changes. Staff will send an annual notice to inquire about such changes. No
action will be necessary if there are no ownership or management changes. The
background check will examine the following:
• Subjects: Owner(s) and General Manager(s)
• Must disclose all businesses owned currently or in previous 7 years
• Provide 3 character witnesses within the State of Minnesota
• Massage businesses located within a chiropractor's office are exempt from
Chanhassen licensing according to state law. Home occupations are also exempt,
but must comply with Chanhassen home occupation rules.
• Only massage businesses are required to obtain a license. Individual employees
working at a licensed business are not required to obtain a license.
G: \Admin \LH\Massage Licensing\massage licensing adoption staff report Nov 25 13.doc
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Mr. Todd Gerhardt
November 25, 2013
Page 2
• Business owners are responsible for the following:
• Maintain full name, DOB, and address of each employee.
• Truthfully represent business operations.
• A license is subject to revocation or suspension. A license holder may be
summoned for an administrative hearing for the following reasons:
• Content of advertising that calls into question the nature of the business.
• Suspension or revocation of a license in another city.
In order to assist with the implementation of this new program, and in recognition of the
public safety benefits of doing so expeditiously, businesses that submit their applications
prior to December 31, 2013 will pay a reduced fee of $25 for the license and $125 for
the background check, for a total fee of $150. All businesses must have their application
submitted prior to January 31, 2014. Full fees apply after January 1, 2014.
New businesses are required to submit an application prior to opening.
RECOMMENDATION
Staff recommends adoption of the attached ordinance implementing Massage Therapy
Business Licenses.
ATTACHMENT
1. Proposed Ordinance
AN ORDINANCE AMENDING CHAPTER 10
OF THE CHANHASSEN CITY CODE
LICENSING MASSAGE THERAPY BUSINESSES
ORDINANCE NO.________
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1
. Chapter 10 of the Chanhassen City Code is amended by adding Article VIII to
provide as follows:
ARTICLE VIII. MASSAGE THERAPY BUSINESS LICENSING
10-216 POLICY; LICENSE REQUIRED; EXCEPTIONS
:
A. Findings; Policy. Massage Therapy Businesses are subject to abuses which are contrary
to the morals, health, safety and general welfare of the community. Control of these
abuses requires intensive efforts of the Sheriff, as well as City departments. These efforts
exceed those required to control and regulate other business activities licensed by the
City. This concentrated use of City services tends to detract from and reduce the level of
service available to the rest of the community and thereby diminishes the ability of the
City to promote the general health, welfare, morals and safety of the community.
B. License Required. No person shall operate a Massage Therapy Business, either
exclusively or in connection with any other business, without being licensed as provided
in this Chapter.
C. Exceptions. License Exceptions.
The following people and businesses are exempt from the provisions of this Chapter
while performing activities covered by their professional licenses or professional
affiliations:
1. People licensed by the State of Minnesota to practice medicine, surgery,
osteopathy, chiropractic, physical therapy, occupational therapy, podiatry and
nursing, and people working solely for and under the direction of those
individuals;
2. Beauty culturists and barbers licensed by the State of Minnesota who do not hold
themselves out to give massages, other than that customarily given in the field and
limited to the face, neck and scalp for beautification purposes only;
3. Health care facilities;
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4. Home occupations;
5. A person or organization providing temporary massage services such as "chair
massage" is not required to obtain a massage business license.
10-217 DEFINITIONS:
As used in this Chapter, the terms defined in this Section shall have
the following meanings ascribed to them:
Health Care Facility: A person, association, business, organization or institution
providing medical, surgical, dental, chiropractic, osteopathic or physical therapy services
where practitioners are licensed by the State of Minnesota.
Massage Therapy: The rubbing, stroking, kneading, tapping or rolling of the body of
another with the hands or objects for the exclusive purpose of physical fitness, relaxation,
and beautification and for no other purpose.
Massage Therapy Business: Any premises in which Massage Therapy is practiced,
except a residence of the Massage Therapist that is used only by that Massage Therapist
for the practice of Massage Therapy at the residence.
10-218 LICENSE; APPLICATION
: Application for a Massage Therapy Business license
shall be made on forms provided by the City Clerk. The application shall contain:
A. The address of the property to be used;
B. The names and addresses of the owner, lessee, if any, and the operator or manager;
C. Such other information as the Carver County Sheriff may require for the purposes of
conducting a background check.
If the application is made on behalf of a corporation or a partnership, it shall be accompanied by
appropriate business records showing the names and addresses of all individuals having an
interest in the business and, in the case of a corporation, the names and addresses of the officers
and shareholders. Applicants shall furnish to the City with their application documents
establishing the applicant's interest in the premises on which the business will be located.
Documentation shall be in the form of a lease, deed, contract for deed or any other document
which establishes the applicant's interest. If the application is by a natural person, it shall be
signed and sworn to by such person; if by a corporation, by one of the officers; if by a
partnership, by one of the partners; and if by an unincorporated association, by the manager or
managing officer thereof.
10-219 LICENSE AND INVESTIGATION FEES:
The fee for a license is Fifty Dollars
($50.00). The fee for the required background investigation is Two Hundred and Fifty Dollars
($250.00) The application, investigation, and license fees shall be paid when the application is
filed. In the event that the application is denied or if the issued license is revoked, canceled,
suspended or surrendered, no part of the license fee shall be returned to the applicant unless by
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City Council action. A separate license shall be obtained for each place of business. The
licensee shall display the license in a prominent place in the licensed business at all times.
10-220 GRANTING OR DENIAL OF LICENSES
: License applications shall be reviewed
by the Sheriff’s office and Planning Department. The review shall include background checks of
the owner(s) and general manager(s) for a license and inspection of the premises covered by the
application to determine whether the premises conform to all requirements of this Chapter and
the City Code. Licenses shall be granted or denied by the City Council subject to the provisions
of this Chapter.
10-221 CONDITIONS GOVERNING ISSUANCE
:
A. No license shall be issued if the applicant or any of its owners, managers, employees or
agents is a person of bad repute.
B. Licenses shall be issued only if the applicant and all of its owners, managers, employees
and agents are free of convictions for offenses which involve moral turpitude or which
relate directly to such person's ability, capacity or fitness to perform the duties and
discharge the responsibilities of the licensed activity.
C. Licenses shall be issued only to applicants who have not, within seven (7) years prior to
the date of application, been denied licensure or who have not within such period had a
same or similar license revoked.
D. Licenses shall be issued only to applicants who have provided all of the information
requested in the application, have paid the full license fee and have cooperated with the
City in review of the application.
E. If the applicant is a natural person, a license shall be granted only if such person is
eighteen (18) years of age or older.
[[300,2025,326,2082][12][,I,][Times New Roman]]
10-222 RESTRICTIONS AND REGULATIONS
:
A. Compliance with Law. The licensee and the persons in its employ shall comply with all
applicable regulations and laws of the City and State relating to safety and morals.
B. Person in Charge; Manager. If the licensee is a partnership or a corporation, the applicant
shall designate a person to be manager and in responsible charge of the business. The
manager shall remain responsible for the conduct of the business until another suitable
person has been designated in writing by the licensee. The licensee shall promptly notify
the Sheriff’s Department in writing of any such change indicating the name and address
of the new manager and the effective date of such change.
C. Hours. The licensed premises shall not be open for business nor shall patrons be
permitted on the premises between the hours of 1:00 a.m. and 6:00 a.m.
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10-223 REVOCATION AND SUSPENSION OF LICENSE
: The license may be revoked,
suspended or not renewed by the City Council upon a showing that the licensee has engaged in
any of the following conduct:
A. Fraud, deception or misrepresentation in connection with the securing of the license.
B. Habitual drunkenness or intemperance in the use of drugs, including but not limited to the
use of drugs defined in either Federal or State laws, barbiturates, hallucinogenic drugs,
amphetamines, benzedrine, dexedrine, or other sedatives, depressants, stimulants, or
tranquilizers.
C. Conduct contrary to the interests of the public health, safety, welfare or morals.
D. Acts demonstrating or involving moral turpitude.
E. Failure to fully comply with the requirements of this Chapter.
F. Conviction of prostitution or other offense involving moral turpitude by any court of
competent jurisdiction.
G. Engaging in any conduct which would constitute grounds for refusal to issue a license
under this Chapter.
SECTION 2.
This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED
this ______ day of ____________, 2013 by the City Council
of the City of Chanhassen, Minnesota.
ATTEST:
________________________________ ________________________________
Todd Gerhardt, Clerk/Manager Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on ________________, 2013).
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CITY OF
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CHANHASSEN
9� H ASS
Massage Therapy
Business License
Application of
Each representative of the business shall complete this application. If the owner is an individual, form must be completed
by such person; if a corporation, by an officer, if a partnership, by one of the general partners; if an unincorporated
association, by the manager or managing officer. Each person serving as a general manager for the business shall also
complete an application.
Full Name: DOB/
Last First Full Middle
Residence Address:
Street city State Zip
Business Address:
Street city State Zip
Phone: ( ) Altetnate Phone: ( )
Fax: ( ) Email:
Please list any massage businesses owned /operated or worked at by this individual in the past seven (7) years
Business Name:
Address:
Years Owned /Operated (circle one): From (Month) (Year) to (Month) (Year)
Please list any current massage business licenses held in the State of Minnesota:
City: Business Name:
City: Business Name:
City: Business Name:
Please list any criminal convictions you have:
Please provide three character witnesses currently living in the State of Minnesota:
Full Name:
Last
Residence Address:
Street
Phone: ( )
First Full Middle
city State
Alternate Phone: ( )
Zip
City of Chanhassen
Full Name:
Last
Residence Address:
Street
Phone: ( )
Full Name:
Last
Residence Address:
Street
Phone: ( )
Name of Property Owner
Contact:
Address:
Street
Phone: ( )
Fax: ( )
Massage Therapy Business License Application
Page 2
First
city
Alternate Phone: ( )
Full Middle
State zip
First Full Middle
City State
Alternate Phone: ( }
city
Alternate Phone: ( )
Email:
zip
State zip
I have familiarized myself with the Chanhassen City Code Chapter 10 (Massage Business Licensing) and subsequent ordinance amendments pertaining
thereto, and will abide by the provisions contained therein.
I declare that the information I have provided on this application is truthful and I understand that falsification of answers on this application will result in
denial of the application. I authorize the Carver County Sheriffs Office to investigate and make whatever inquiries are necessary to verify the
information provided.
Applicant's printed name Applicant's signature Date