Ordinance 584CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.584
AN ORDINANCE AMENDING CHAPTER 10 OF THE
CHANHASSEN CITY CODE,
LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS
The purpose of this ordinance is to amend Chapter 10 by adding Article VIII concerning
Massage Therapy Business Licensing which includes Policy; License Required and Exceptions;
Definitions; License Application; License and Investigation Fees; Granting or Denial of Licenses;
Conditions Governing Issuance; Restrictions and Regulations; and Revocation and Suspension of
License.
A printed copy of Ordinance No. 584 is available for inspection by any person during
regular office hours at the office of the City Manager/Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 91h day of
December, 2013, by the City Council of the City of Chanhassen.
(Published in the Chanhassen Villager on December 19, 2013)
AN ORDINANCE AMENDING CHAPTER 10
OF THE CHANHASSEN CITY CODE
LICENSING MASSAGE THERAPY BUSINESSES
ORDINANCE NO.584
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:
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.
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 25th day of November, 2013 by the City Council of the
City of Chanhassen, Minnesota.
ATTEST-
4Z
odd Gerhardt, Clerk/Manager
Thomas A. Furlong, Mayor
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Affidavit of Publication
Southwest Newspapers
State of Minnesota)
)SS.
County of Carver )
Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
CITY OF CHANHASSEN lager and has full knowledge of the facts herein stated as follows:
CARVER AND HENNEPIN
COUNTIES, MINNESOTA (A) These newspapers have complied with the requirements constituting qualification as a legal
SUMMARY OF ORDINANCE newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
NO. 584 amended.
AN ORDINANCE AMENDING
CHAPTER 10 OF THE (B) The printed public notice that is attached to this Affidavit and identified as No.
CHANHASSEN CITY CODE' was published on the date or dates and in the newspaper stated in the attached Noti a and said
LICENSES' PERMITS AND Notice is hereby incorporated as art of this Affidavit. Said notice was cut from the columns of
MISCELLANEOUS BUSINESS Y � p
REGULATIONS the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
The purpose of this ordinance inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
is to amend Chapter 10 by adding and publication of the Notice:
Article VIII concerning Massage
Therapy Business Licensing which abcdefghijklmnopgrstuvwxyz
includes Policy; License Required
and Exceptions, Definitions, License Application, License andInvestigation Fees, Granting orAA�4�Lauie
Denial of Licenses; Conditions A. Hartmann
Governing Issuance; Restrictions
and Regulations; and Revocation
and Suspension of License.
A printed copy of Ordinance Subscribed and sworn before me on
No. 584 is available for inspection
by any person during regular office
hours at the office of the City
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Manager/Clerk. �i '
PASSED, ADOPTED, AND this _/ _� day of Q13
APPROVED FOR PUBLICATIONS s
this 9th day of December, 2013, JN!1'41 iEM,1^°ICE77BkRby the City Council of the City ofJr.
Chanhassen.
(Published in the Chanhassen ', `Wyk MMOSOEk RE50V31/'8
Villager on Thursday, December Not P he
19, 2013; No. 4895)
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RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch
Maximum rate allowed by law for the above matter ................................. $31.20 per column inch
Rate actually charged for the above matter ............................................... $12.59 per column inch