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File #: ORD 12-2243    Version: Name: Proposed Massage Therapy Ordinance
Type: Ordinance Status: Passed
File created: 2/9/2012 In control: City Council
On agenda: 4/19/2012 Final action: 4/19/2012
Title: AN ORDINANCE REPEALING CHAPTER 22, ARTICLE IX, DIVISION 1 AND 2, SAUNAS AND MASSAGE PARLORS, OF THE MUNICIPAL CODE OF THE CITY OF BLAINE AND REGULATING THERAPEUTIC MASSAGE WITIN THE CITY OF BLAINE, MINNESOTA
Sponsors: Jane M. Cross, Chris Olson
Attachments: 1. Blaine Massage Therapy Ordinance Draft 3-12-12, 2. Blaine Massage Therapy Ordinance Draft 3-12-12, 3. Proposed Fees Massage Therapy, 4. Proposed Fees Massage Therapy
ITEM:         12.2         ADMINISTRATION- Jane Cross, City Clerk
 
SECOND READING
Title
AN ORDINANCE REPEALING CHAPTER 22, ARTICLE IX, DIVISION 1 AND 2, SAUNAS AND MASSAGE PARLORS, OF THE MUNICIPAL CODE OF THE CITY OF BLAINE AND REGULATING THERAPEUTIC MASSAGE WITIN THE CITY OF BLAINE, MINNESOTA
Background
All massage therapists have been exempt from licensing in the city of Blaine since 1989.  Over the past several years there has been an increasing number of individuals who have completed schooling for massage therapy.  There has also been a number of massage therapy enterprises opening in the city over the past couple of years.  Many of the metro cities have a licensing program in place for massage therapists and massage therapy enterprises.
 
In order for the City to be aware of the enterprises and individuals that are practicing massage therapy in the City, the City would need to conduct background checks and issue licenses to massage therapy enterprises and individuals massage therapists.  The proposed ordinance would repeal the current ordinance in its entirety and would prohibit any type of massage except therapeutic.
 
The proposed license fees, which are below average in the metro survey done in 2011, would be set at a level to cover the administrative costs for supplying applications and renewal forms, reviewing of documents by staff, preparing agenda items for Council approval, preparation and issuance of a photo I.D. and the license. The background investigation fees would cover the Police Department's time for completing the background checks and making a written recommendation as to the issuance or non-issuance for the City Council.  The City Clerk's office would prepare council agenda items for approving licenses, photo I.D./licenses for businesses as well as individuals.  There is a process in the proposed ordinance for managing an application that is denied by Council.
 
There are exemptions in the proposed ordinance for therapists who are duly licensed to practice medicine, surgery, chiropractic, physical therapy, podiatry, beauty culturists and barbers, places licensed or operating a hospital, nursing home, hospice, sanitarium or group home established for hospitalization or care of human beings; and students who are performing massage services in a clinical component of their program.  
 
Staff sent correspondence to all the massage therapists that had registered with the city since 2008 inviting them to an informational meeting regarding the proposed ordinance and the licensing requirements.  The proposed ordinance was made available online and at city hall for anyone who wanted to review it prior to the meeting.
 
Recommendation
By motion, approve Ordinance No. 12-2243.