HomeMy WebLinkAboutOrdinance 613 - Therapeutic Massage Establishments and Massage Therapists
CHAPTER VI GENERAL REGULATIONS
ORDINANCE 613 THERAPEUTIC MASSAGE ESTABLISHMENTS AND MASSAGE
THERAPISTS
Section 613.01: PURPOSE ......................................................................................... 613-1
Section 613.02: FINDINGS OF THE CITY COUNCIL ............................................. 613-1
Section 613.03: DEFINITIONS .................................................................................. 613-1
Section 613.04: LICENSE REQUIRED ..................................................................... 613-3
Section 613.05: EXCEPTIONS .................................................................................. 613-3
Section 613.06: LICENSE APPLICATION. ............................................................... 613-3
Section 613.07: ISSUANCE OF LICENSES FOR NEW CONSTRUCTION AND
ALTERATIONS OF EXISTING STRUCTURES ....................................................... 613-6
Section 613.08: PERSONS INELIGIBLE FOR INITIAL LICENSE .......................... 613-7
Section 613.09: GENERAL LICENSE RESTRICTIONS ........................................... 613-8
Section 613.10: INSPECTION BY CITY OFFICERS AND IDENTIFICATION OF
EMPLOYEES ............................................................................................................613-09
Section 613.11: ADVERTISING ...............................................................................613-10
Section 613.12: RESPONSIBLE FOR CONDUCT ...................................................613-10
Section 613.13: NON-RENEWAL, SUSPENSION, OR REVOCATION OF LICENSE
...................................................................................................................................613-10
Section 613.14: APPEAL AND HEARING PROCEDURE .......................................613-10
Section 613.15: IMMEDIATE SUSPENSION OF LICENSE ....................................613-11
Section 613.16: ABILITY TO REAPPLY AFTER REVOCATION ..........................613-11
613-0
CHAPTER VI GENERAL REGULATIONS
ORDINANCE 613 THERAPEUTIC MASSAGE ESTABLISHMENTS AND MASSAGE
THERAPISTS
Section 613.01: PURPOSE. The purpose of this ordinance is to prohibit unlicensed
massage businesses and services to the public except those licensed as therapeutic massage
establishments and massage therapists pursuant to this section. The licensing regulations
prescribed herein are necessary to protect businesses that are operating legitimate establishments,
and to protect the health, safety, and general welfare of the community.
Section 613.02: FINDINGS OF THE CITY COUNCIL. The City Council makes the
following findings regarding the need to license therapeutic massage establishments and
therapists and to prohibit non-licensed massage businesses and services to the public:
a) Persons who have recognized and standardized training in therapeutic massage and
bodywork can provide a legitimate and necessary service to the public.
b) Health and sanitation regulations governing therapeutic massage establishments and
therapists can minimize the risk of the spread of communicable diseases and can
promote overall health and sanitation.
c) Restrictions on unlicensed therapeutic massage establishments and therapists can
minimize the risk that such businesses and persons will facilitate prostitution and
other criminal activity in the community.
d) Massage services provided by persons with no specialized and standardized training
in massage can endanger citizens.
e) Unlicensed massage businesses which employ persons or utilize independent
contractors with no specialized and standardized training can tax city law
enforcement services because such businesses are more likely to be operated as fronts
for prostitution and other criminal activity than operations established by persons
with standardized training.
f) The training of professional massage therapists at accredited institutions is an
important means of ensuring the fullest measure of protecting the public health,
safety, and welfare.
Section 613.03: DEFINITIONS.
Subd. 1. Accredited Institution. An educational institution holding accredited status
approved by the United States Department of Education or Minnesota Office of Higher
Education. Accreditation outside of these institutions will be reviewed and approved or denied
on a case by case basis by the City.
Subd. 2. Accredited Program. A professional massage program or educational institution
613-1
CHAPTER VI GENERAL REGULATIONS
accredited by the Commission on Massage Therapy Accreditation (COMTA)or by an accrediting
body recognized by the United States Department of Education. Accreditation outside of these
institutions will be reviewed and approved or denied on a case by case basis by the City.
Subd. 3. Issuing Authority. The City Council grants the authority to issue and renew
licenses pursuant to this Section to the Health Director or designee.
Subd. 4. Massage, Massage Therapy, and Bodywork. A healthcare service involving the
external manipulation or pressure of soft tissue for therapeutic purposes. Massage therapy
includes techniques such as tapping, compressions, friction, gliding, kneading, shaking, and
fascial or connective tissue stretching, with or without the aids of superficial heat, cold, water,
lubricants, or salts. Massage therapy does not include diagnosis or attempts to adjust or
manipulate any articulations of the body or spine or mobilization of these articulations using
thrusting force. This includes, but is not limited to many manual therapies, such as massage
therapy, Asian bodywork therapies or movement therapies. While these are recognized as
separate disciplines, all are subject to the massage and bodywork establishment license
ordinance.
Subd. 5. Massage Therapist. An individual who practices or administers massage to the
public who can demonstrate to the issuing authority that he or she:
a) Has current insurance coverage of $1,000,000.00 for professional liability in the
practice of massage;
b) Is affiliated with, employed by, or owns a therapeutic massage establishment licensed
by the City; and
c) Has completed certified therapeutic massage training with content that includes
subjects of anatomy, physiology, healthcare universal precautions, ethics, massage
theory and research, and massage practice from an Accredited Institutions or
Accredited Program approved by the Issuing Authority.
Subd. 6. Operate. To own, manage, or conduct or to have control, charge, or custody
over.
Subd. 7. Persons. Any individual, firm, association, partnership, corporation, joint
venture, or combination of individuals.
Subd. 8. Therapeutic Massage Establishment. Any individual, firm, association,
partnership, corporation, joint venture, or combination of individuals that operates a business that
employs or hires or independently contracts with licensed therapeutic massage therapists to
provide therapeutic massage within the City for a fee or other consideration. For the purposes of
this ordinance, this includes Out-Call Massage Establishments or Mobile Massage
establishments that engage in or performs massage for any form of consideration or gratuity at a
location other than a commercial or home-occupation Massage Establishment.
Subd. 9. Within the City. A physical presence as well as mobile massage operations in
which the establishment premises, although not physically located within the City, serves as a
point of assignment of employees or independent contractors who respond to requests for
services from within the City.
613-2
CHAPTER VI GENERAL REGULATIONS
Section 613.04: LICENSE REQUIRED.
Subd. 1. Therapeutic Massage Establishment License. It shall be unlawful for any
therapeutic massage establishment to operate, engage in, or carry on, within the City, massage
services to the public for consideration without first having obtained a license from the City
pursuant to this Ordinance. The owner/operator of a therapeutic massage establishment need not
be licensed as a therapeutic massage therapist if he or she does not at any time practice or
administer services to the public.
Subd. 2. Massage Therapist License. It shall be unlawful for any massage therapist to
practice, administer, or provide massage services to the public for consideration within the City
limits without first having obtained a license from the City pursuant to this Ordinance.
Section 613.05: EXCEPTIONS. A therapeutic massage establishment or therapist license
is not required for the following persons and places where massage services are provided by or
under the direction of any of the following:
a) Persons duly licensed or registered in Minnesota to practice medicine, surgery,
osteopath, chiropractic, physical therapy, podiatry, acupuncture, acupressure, Reiki,
Reflexology, or registered nurses.
b) Persons duly licensed by the state of Minnesota as beauty culturists or barbers who do
not give or hold themselves out to give massages or other services other than those
customarily given in such shops and places of business for beautification only.
Massages customarily given by beauty culturists or barbers will be limited to the
areas of the head, neck, and shoulder; hand and lower arms to the elbow; foot and
ankle.
c) Places duly licensed or operation as a hospital, clinic, nursing home, hospice, or
group home established for the hospitalization or care of human beings provided the
massage is administered only to the residents or patients of the facility as part of their
care and not provided as part of a separate service.
d) Athletic coaches, directors, and trainers employed by public or private schools.
e) Accredited institutions and students of accredited institutions which provide an
accredited program of study or course work in massage therapy, provided that the
massage is provided during and is a part of the course or clinical component of the
institution’s program of course work and students are supervised by an instructor
while performing the massage.
Section 613.06: LICENSE APPLICATION.
Subd. 1. Therapeutic massage establishment license application. An application for a
therapeutic massage establishment license shall be made on a form supplied by the City and shall
contain the following information.
a) Applicant and Owner Information
1) Whether the applicant is an individual, corporation, partnership, or other form
of organization.
2) Full name, address, date of birth, place of birth, and telephone number of the
613-3
CHAPTER VI GENERAL REGULATIONS
applicant, all owners and operators, including the designated on-site manager
or agent of the applicant
3) Whether the applicant, owners and/or operators have ever used or been known
by a name other than the applicant’s name, and if so, the name or names and
information concerning dates and places where used. This includes commonly
used nicknames.
4) Whether the applicant is a citizen of the United States or a resident alien or
has the legal authority to work in the United States.
5) Type, name, location, and dates of every business or occupation the applicant
has been engaged in during the preceding 10 years.
6) Whether the applicant is currently licensed in other communities to perform
massage therapy, and if so, where.
7) Street addresses and dates at which the applicant has lived during the
preceding 10 years.
8) Whether the applicant has ever been arrested, charged or convicted of any
crime, or violation of any ordinance other than a minor traffic offense and, if
so, the time, place, date(s) and offense for which arrests, charges or
convictions were had.
9) If so, the applicant shall furnish information as to the date, time, place and
offense for which arrests, charges or convictions were had.
10) Whether the applicant has ever been engaged in the operation of massage
services. The applicant shall furnish information as to the name, place, dates
and length of time of the involvement of all such establishments.
11) Whether the applicant or other owner has had an interest in, as an individual
or as part of a corporation, partnership, association, establishment, business or
firm, a massage license that was revoked, suspended, or denied within the last
10 years of the date the license application is submitted to the City.
12) Proof of workers’ compensation insurance as required by Minnesota Law.
13) Such other information as required by the City.
b) Establishment Information
1) The legal description of the premises to be licensed together with a plan of the
area showing dimensions, location of buildings, street access, and parking.
2) For Home Occupation Establishments, a legal description of the premises to
be licensed together with a floor plan of the home showing dimensions,
locations of the rooms being utilized for massage therapy, public access, and
parking facilities.
3) Plans and specifications showing the interior and exterior design of the
establishment; including specifications of all massage equipment.
4) The current status of the premises and establishment, including whether they
are existing, planned, or under construction/renovation.
5) The floor, street, or suite numbers and rooms where the massage services will
be conducted.
6) Whether all real estate and personal property taxes that are due and payable
for the premises to be licensed have been paid, and if not paid, the years and
amounts that are unpaid.
7) Compatibility with St. Joseph Zoning Ordinances and the Comprehensive
613-4
CHAPTER VI GENERAL REGULATIONS
Plan in regards to home occupations, proximity to residences, other
establishments licensed as therapeutic massage establishments, churches,
schools, and public buildings.
8) Such other information as required by the City.
Subd. 2. Massage Therapist License Application. An application for a massage therapist
license shall be made on a form supplied by the City and shall contain the following information:
a) The applicant's name and current address.
b) The applicant's current employer.
c) The applicant's employers for the previous five years, including the employer's name,
address and dates of employment.
d) The applicant's addresses and dates for the previous five years.
e) The applicant's date of birth, home telephone number, a color photocopy of the
applicant's MN driver's license or MN I.D. front and back, or any other government-
issued I.D. If the photocopy is not acceptable to the Police Chief, the police
department may take photographs for the file.
f) Whether the applicant has ever been arrested, charged or convicted of any crime, or
violation of any ordinance other than a minor traffic offense and, if so, the time,
place, date(s) and offense for which arrests, charges or convictions were had.
g) Whether the applicant has had an interest in, as an individual or as part of a
corporation, partnership, association, establishment, business or firm, a massage
license that was denied, revoked or suspended within the last 10 years of the date the
license application is submitted to the issuing authority.
h) Whether the applicant is a U.S. citizen or resident alien or has the legal authority to
work in the United States.
i) Whether the applicant has ever used or been known by a name other than the
applicant's name, and if so, the name or names and information concerning dates and
places where used.
j) Whether the applicant has met the definition of a massage therapist in this Section.
k) Whether the applicant has ever been the subject of an investigation, public or private,
criminal or non-criminal, regarding massage therapy.
l) Such other information as the City shall require.
Subd. 3. Background Investigation. The applicant will submit with the completed
application form an executed release of information authorizing the Chief of Police to obtain any
information pertaining to the applicant's character or criminal history which may be deemed
confidential, private, or privileged by the laws of the United States or of any state. The applicant
will also submit additional information that may be required by the Planning Office, Health and
Inspections Department, Police Chief and City Attorney. No person will make a false statement
in an application.
Subd. 4. Insurance Required. Each applicant for a therapeutic massage establishment
license shall file with the issuing authority a public liability insurance policy or certificate of
insurance from a company authorized to do business in the State of Minnesota, insuring the
applicant against any and all loss arising out of the use, operation or maintenance of the
therapeutic massage establishment. The policy of insurance shall be in limits of not less than
$1,000,000.00. Each applicant for a massage therapist license shall file with the issuing authority
613-5
CHAPTER VI GENERAL REGULATIONS
a current certificate of insurance providing coverage of $1,000,000.00 for personal liability in the
practice of massage. No cancellation of any insurance policy will be valid except upon 30 days
prior written notice to the City. Failure to keep in full force and effect the insurance is grounds
for suspension or revocation of the license.
Subd. 5. Review and Investigation Fee. At the time of each initial application, the
applicant will pay in full a review and investigation fee. Review and investigation fees will be set
forth in the fee schedule adopted by the City Council. Where a new application is filed as a result
of incorporation by an existing licensee and the ownership control and interest in the license are
unchanged, no additional license fee will be required. The review and investigation fee will not
be refunded.
Subd. 6. License Fee and License Year. The annual license fee for the therapeutic
massage establishment and massage therapist license will be in the amount set forth in the fee
schedule adopted annually by the City Council. A separate license will be obtained for each
place of business. Licenses are valid from January 1 to December 31 in the year the license is
issued, unless revoked. Renewal application for the license must be made on or before December
1 prior to the next license term.
Subd. 7. Administrative Review. Upon the filing of an application for a license, together
with the documents required to accompany the license, the Health Director will forward a copy
of the application and accompanying documents to the Planning Office, Health and Inspections
Department, Police Chief and City Attorney.
a) Planning Office Review. The Planning Office will review the application and any
other pertinent information relative to zoning, land use compatibility, and
comprehensive planning.
b) Police Department Review. The Police Chief will make or cause to be made a review
of the application to determine the potential impact of law enforcement. The Police
Chief will also make or cause to be made an investigation of the applicant's character
and criminal history.
c) Health and Inspections Department. The Health and Inspections Department will
review the license application and inspect the premises for which the license is to be
issued to confirm compliance with all requirements of the City and State relating to
health and sanitation.
d) City Attorney Review. The City Attorney will review the application for compliance
with all applicable statutes and ordinances.
e) Findings and Approval. Within 45 days of receipt of the initial license application, the
Planning Office, Police Chief, Health and Inspections Department and City Attorney
will submit in writing to the Issuing Authority their respective findings and
recommendations. The Issuing Authority will review the application, findings and
recommendations and will approve or deny the application. Upon the filing of a
renewal application, the City will respond within a reasonable period of time.
Section 613.07: ISSUANCE OF LICENSES FOR NEW CONSTRUCTION AND
ALTERATIONS OF EXISTING STRUCTURES.
Subd. 1. Final Plans Reviewed. Where a license to operate a therapeutic massage
613-6
CHAPTER VI GENERAL REGULATIONS
establishment is granted for premises on which new construction or alteration of existing
structures is to occur, the applicant will submit a set of detailed final plans showing interior and
exterior design, including site and space. These plans will be certified by a registered architect or
engineer and submitted to the Building Inspections Division. The Issuing Authority will review
the plans for compliance with the preliminary plans included in the application.
Subd. 2. Certificate of Occupancy Required. For premises on which new construction or
alteration of existing structures is to occur, no license to operate a therapeutic massage
establishment will be issued until a certificate of occupancy is issued by the City for premises
constructed in accordance with the application and plans reviewed by the Issuing Authority.
Prior to issuance of the certificate of occupancy, the Chief Building Official will certify to the
Health Director that construction was or was not in compliance with the final plans reviewed by
the Health Director. Where the construction is found not to be in accordance with the final plans,
the Chief Building Official will state all significant deviations.
Subd. 3. Review of Deviations. Where the certification to the Health Director indicates
that construction was not in accordance with the final plans, the Health Director will not issue
the license but will return the application, together with the final plans and a statement of
deviations.
Section 613.08: PERSONS INELIGIBLE FOR INITIAL LICENSE.
Subd. 1. Therapeutic Massage Establishment License. The City may deny issuance of an
initial therapeutic massage establishment license in any of the following circumstances, and this
list is not intended to state the exclusive reasons for denial:
a) Is not 18 years of age or older at the time the application is submitted to the issuing
authority.
b) Has been convicted of any crime directly related to the occupation licensed as
prescribed by Minn. Stat. § 364.03, subd. 2, and who has not shown competent
evidence of sufficient rehabilitation and present fitness to perform the duties and
responsibilities of a licensee as prescribed by Minn. Stat. § 364.03, subd. 3.
c) Has had an interest in, as an individual or as part of a corporation, partnership,
association, establishment, business or firm, a massage license that was denied,
revoked or suspended within the last 10 years of the date the license application is
submitted to the issuing authority.
d) Is not a citizen of the United States or a resident alien, or is legally prohibited from
working in the United States.
e) Is not the real party in interest of the establishment.
f) Has knowingly misrepresented or falsified information on a license application within
the preceding 10 years.
g) Cannot meet the definition of therapeutic massage establishment in this Section.
h) The applicant does not have insurance coverage in effect as required by this Section.
i) The applicant has been denied a license under this Section within the preceding 12
months.
j) The proposed use is in conflict with the St. Joseph Zoning Code or the
Comprehensive Plan.
k) The proposed use is in conflict with any health regulations or building code
613-7
CHAPTER VI GENERAL REGULATIONS
regulations of the City or the State of Minnesota.
l) Owes taxes or assessments to the state, county, school district, or city that are due and
delinquent.
m) Is the spouse of a person whose massage-related license has been denied, suspended
or revoked in the past 10 years.
n) Allowed a license to expire or surrendered a license, unless, at the sole discretion of
the city, a license application is submitted for consideration. The application shall be
treated the same as an application for a new license, subject to all ordinance
regulations and review.
Subd. 2. Massage Therapist Licenses: The City may deny issuance of an initial massage
therapist license in any of the following circumstances, this is not intended to state the exclusive
reasons for denial:
a) Is not 18 years of age or older at the time the application is submitted to the issuing
authority.
b) Has been convicted of any crime directly related to the occupation licensed as
prescribed by Minn. Stat. § 364.03, subd. 2, and who has not shown competent
evidence of sufficient rehabilitation and present fitness to perform the duties and
responsibilities of a licensee as prescribed by Minn. Stat. § 364.03, subd. 3.
c) Whether the applicant has had an interest in, individually or as part of a corporation,
partnership, association, establishment, business or firm, a massage license that was
denied, revoked or suspended within the last 10 years of the date the license
application is submitted to the issuing authority.
d) Is not a citizen of the United States or a resident alien, or is legally prohibited from
working in the United States.
e) Has knowingly misrepresented or falsified information on a license application within
the preceding 10 years.
f) Is not affiliated with, employed by, or does not own a therapeutic massage
establishment licensed by the city.
g) The applicant does not have insurance coverage in effect as required by this Section.
h) The applicant has been denied a license under this Section within the preceding 12
months.
i) Cannot meet the definition of massage therapist in this Section.
j) Allowed a license to expire or surrendered a license, unless, at the sole discretion of
the city, a license application is submitted for consideration. The application shall be
treated the same as an application for a new license, subject to all ordinance
regulations and review.
Section 613.09: GENERAL LICENSE RESTRICTIONS.
Subd. 1. Prohibited Massages. A massage therapist must not intentionally or sexually
massage or offer to massage the penis, scrotum, mons veneris, vulva, or vaginal area of a person.
The license will be revoked if the massage therapist is engaging in conduct with a client that is
sexual or may reasonably be interpreted by the client as sexual, or engaging in any verbal
behavior that is seductive or sexually demeaning to a client, or engaging in sexual exploitation of
a client, without regard to who initiates the behavior.
613-8
CHAPTER VI GENERAL REGULATIONS
Subd. 2. Coverings. When performing a massage, the massage therapist must require that
the person receiving the massage have their breasts (with respect to females), buttocks, anus and
genitals covered with clothing or a not-transparent material at all times. The massage therapist
must have their breasts, buttocks, anus, and genitals covered with clothing at all times.
Subd. 3. License Restrictions. Each license will be issued to the applicant only. Each
license will be issued only for the premises described in the application. No license may be
transferred to another person or place.
Subd. 4. Business Hours. No customers or patrons will be allowed to enter the licensed
premises after 10:00 p.m. and before 6:00 a.m. daily. Customers or patrons will not be allowed to
remain upon the licensed premises after 10:30 p.m. and before 6:00 a.m. daily.
Section 613.10: INSPECTION BY CITY OFFICERS AND IDENTIFICATION OF
EMPLOYEES. Licensed premises and licensed applicants will be open to unannounced
inspection by City Health, Building and License Inspectors and Police Officers during business
hours. For home occupations, only the licensed premise will be inspected. Inspected facilities
will comply with following requirements:
a) Any person engaged in providing services in any licensed premises will identify
themselves giving their true legal name and correct address upon demand by any
police officer.
b) Current massage license issued by the City of St. Joseph must be displayed in the
front entry or corridor of the licensed facility. For home occupations, the massage
license issued by the City of St. Joseph must be displayed within the designated
space(s) for massage therapy on the license application.
c) Credentials of all massage therapists are current and available on-site.
d) Business hours must be posted on all public entryways into the massage facility. For
home occupations, the business hours must be displayed within the designated
space(s) for massage therapy on the license application or on their business website.
e) Toilet rooms for employees and patrons are adequate and conveniently located.
f) Provide single-service disposable paper or clean linens to cover the table, chair,
furniture, or area on which the patron receives the massage.
g) The massage therapist must wash their hands and arms with water and soap, anti-
bacterial scrubs, alcohol, or other disinfectants prior to and following each massage
service performed.
h) Massage tables, chairs, and other furniture on which massages are performed must
have surfaces that can be readily disinfected after each massage. These surfaces must
be disinfected following each massage performed.
i) Rooms must be adequately illuminated, to allow for adequate cleaning purposes.
j) The facility must be maintained in good repair and in a sanitary condition, and must
take reasonable steps to prevent the spread of infections and communicable diseases
on the premises.
k) Evidence of sexual acts is prohibited, such as semen found in the facility, massage
tables, chairs, and other surfaces.
l) Massage therapists must be in good health, without skin infections, and wear clean
clothing when performing massage services. Facilities must have a health and
wellness policy that follows CDC guidelines.
613-9
CHAPTER VI GENERAL REGULATIONS
m) Massage establishments shall not contain nor allow the use by any person of sleeping
quarters or living spaces of any kind intended for habitation, including but not limited
to beds, cots, or mattresses. Sleeping or living quarters must be physically separated
by a door from the licensed massage therapy area designated on the application.
Section 613.11: ADVERTISING. Any advertising by a licensee or representative of the
licensee of any potential unlawful, misleading, sexually explicit, obscene or erotic conduct at the
licensed establishment shall be prohibited.
Section 613.12: RESPONSIBLE FOR CONDUCT. A licensee under this Section shall be
strictly responsible for the conduct of the business being operated in compliance with all
applicable laws and ordinances, including the actions of any employee or agent of the licensee on
the licensed premises.
Section 613.13: NON-RENEWAL, SUSPENSION, OR REVOCATION OF LICENSE. The
license may be suspended, revoked or not renewed for any of the following reasons, and this list
is not intended to state the exclusive reasons for suspension, revocation, or non-renewal:
a) A violation related to fraud, misrepresentation, or false statement contained in a
license application or a renewal application.
b) A violation related to fraud, misrepresentation, or false statement made in the course
of carrying on the licensed occupation or business.
c) Any violation of this ordinance or state law. The charging of a violation or conviction
is not required for non-renewal, suspension, or revocation of a license.
d) A violation by any licensee or individual that is directly related to the occupation or
business licensed as defined by Minn. Stat. § 364.03, subd. 2.
e) Conducting the licensed business or occupation in an unlawful manner or in such a
manner as to constitute a breach of the peace or to constitute a menace to the health,
safety, or general welfare of the community.
f) If the owner, manager, lessee or any of the employees or independent contractors are
found to be in control or possession of a narcotic drug or controlled substance on the
premises, other than drugs which may be purchased over the counter without a
prescription or those for which the individual has a prescription. For home
occupations on the premises refers to the designated space used for massage therapy
as recognized on the license application.
g) If the holder of an establishment license fails to maintain with the issuing authority a
current list of all employees or independent contractors of such licensed premises.
The list shall include all massage therapists licensed under this section.
h) A material variance in the actual plan and design of the premises from the plans
submitted.
i) In the event of multiple massage establishment locations, any license
suspension/revocation shall apply to all massage establishment locations within the
City of St. Joseph.
Section 613.14: APPEAL AND HEARING PROCEDURE. Before the City may revoke,
suspend, deny or not renew a license, written notice must be sent to the applicant or
owner/licensee setting forth the alleged grounds for the potential action. To appeal the
revocation, suspension, denial or non-renewal, the applicant or owner/licensee must submit a
613-10
CHAPTER VI GENERAL REGULATIONS
request for appeal in writing within 10 days of receiving the notice. The appeal will be before an
independent hearing officer selected from the list of independent hearing officers maintained by
the City of St. Cloud. At the hearing, the applicant/licensee may speak on his or her behalf and
may present witnesses and other evidence he or she deems necessary. Upon the conclusion of the
hearing, the hearing officer, on behalf of the City Council, shall issue a written decision that
includes findings of fact. The applicant/licensee may appeal the hearing officer’s decision to the
Minnesota Court of Appeals by writ of certiorari.
Section 613.15: IMMEDIATE SUSPENSION OF LICENSE. The Health Director or
designee may immediately suspend a license, if the licensee, or any person working on behalf of
the licensee, is determined to be conducting business in an unlawful manner, any manner that
constitutes a substantial hazard to the health, safety, or general welfare of the public, or after
repeated complaints received regarding unlawful conduct of the business practices or method of
solicitation. The licensee will be given notice of the immediate suspension on site. The
suspension will take place immediately. The licensee can request a hearing within 10 days of
notice of the suspension and the hearing procedure will be the same as set forth in this ordinance.
Section 613.16: ABILITY TO REAPPLY AFTER REVOCATION. The holder of a
therapeutic massage establishment license or massage therapist license may not reapply for a
new license for a period of 10 years if their license is revoked under this ordinance.
613-11
