ADMINISTRATION - Brian Podany, Police Chief/Cathy Sorensen, City Clerk
Title
PUBLICATION OF THE TITLE AND SUMMARY OF ORDINANCE 18-2411 AMENDING ARTICLE IX. - LICENSING AND REGULATION OF THERAPEUTIC MASSAGE
Background
Minnesota Statute 412.191, Subd. 4, provides for publication of the title and summary of an ordinance in the case it is lengthy, if the City Council determines that publication of the title and a summary would clearly inform the public of the intent and effect of the ordinance. As Ordinance 18-2411 is lengthy staff is recommending adoption of the proposed summary resolution. The entire ordinance is available for inspection during regular office hours at City Hall and can be forwarded upon request.
Recommendation
Adopt the resolution providing for a summary publication of Ordinance 18-2411.
Body
WHEREAS, City Code states if the City Council of the City of Blaine determines, pursuant to Minn. Stat. § 412.191, subd. 4, that publication of the title and a summary of an ordinance would clearly inform the public of the intent and effect of the ordinance, the Council may, by a four-fifths vote of its membership, direct that only the title of the ordinance and a summary be published with notice that a printed copy of the entire ordinance is available for inspection by any person during regular office hours in the office of the City Clerk. The publication of the title and summary shall be deemed to fulfill all legal publication requirements as completely as if the entire ordinance had been published; and
WHEREAS, the City Council of the City of Blaine has reviewed the text of the Ordinance Summary incorporated herein for Ordinance 18-2411 as follows; and
• Definitions - clarifies some definitions and provides a mechanism for proof of recognized training by graduates of an accredited institution that may no longer be in existence (i.e., Minnesota School of Business)
• License required; number of licenses - recommends reduction in the number of enterprises from current ratio of 1/2500 of population to 10 with all existing licenses remaining until released through attrition
• Exceptions
o creates additional requirements for students of massage therapy including proof of increased education hours, photo identification cards, and limits how long a student can work
o creates an exception for individuals performing therapy at a wellness/expo type event
• License application
o provides ability to charge an applicant with forgery in the event an application is intentionally falsified
o designates a responsible party similar to the liquor licensing ordinance
o clarifies current application to include whether an applicant has operated an enterprise in another city/state
o requires submission of tax returns
o extends disclosure by applicant of previous home, business, employer and any massage license suspensions/revocations from 5 to 10 years as well as disclosure if the subject of any investigation regarding massage therapy
o requires responsibility on behalf of the applicant to read and understand the City’s ordinance
• License application verification and consideration
o extends background capabilities of police to include other state agencies
o requires enterprise to provide national background investigation results of massage therapist applicants
o clarifies that photo ID cards be made readily available
o includes disclosure of any arrests or charges in addition to convictions throughout and if the applicant has ever been the submit of an investigation regarding massage therapy
• Persons ineligible for license
o includes previous license denials as reason for ineligibility and extends timeframe of previous license denials, revocations or suspensions from 5 to 10 years for both applicant and spouse
o allows City to require a new license and review process for a person who either surrendered or allowed their license to expire
• Locations ineligible for therapeutic massage enterprise license
o requires separate entrance for all enterprises
o creates mechanism for license denial if enterprise has employed a therapist with 2 or more license suspension/revocations
• License restrictions
o limits where massage therapy may be performed
o prohibits any type of “mobile” therapy
o expands language in illegal activities
o prohibits enterprise from potential use as living quarters and from use of alcohol onsite
o allows for transfer (sale) of a license for enterprises in good standing at the discretion of Council
o requires new sign permit in the event of a sale/transfer that matches the enterprise name approved by Council within 30 days
• Restrictions regarding sanitation, health and safety - limits type of equipment and modalities allowed at an enterprise
• Term, renewal of license
o clarifies that hearing officer is acting on behalf of City Council and provides for potential fines to enterprise should a violation occur
o prohibits ability to reapply for 5 years in event of misrepresentation
o allows for postponement of license renewal in event of pending citation
• Suspension of license for violations - allows for immediate suspension pending a hearing in the event of a public safety concern
WHEREAS, the City Council of the City of Blaine determined that the Ordinance Summary clearly informs the public of the intent and effect of Ordinance 18-2411.
THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine hereby directs that the title and Ordinance Summary of amendments shall be published in the official City newspaper and hereby gives notice that printed copies of the complete Ordinance are available for inspection by any person during regular office hours at the Office of the Blaine City Clerk, and that a copy of the entire text shall be posted in the official posting place in the City, and further directs that a copy of this Resolution, as enacted will be published.
PASSED by the City Council of the City of Blaine this 16th day of August, 2018.