ORDINANCE NO. 2016 - 18

AN ORDINANCE AMENDING ARTICLE XI MASSAGE OF THE ROGERS CITY CODE

The Rogers City Council Ordains as follows:

Section 22-685 – License Application is hereby amended as follows:

  1. All applicants. For all applications:
    1. The full name, place and date of birth, and street residence address of the designated business licensee along with a color photocopy of the applicant's Minnesota driver's license or Minnesota I.D. front and back, or any other government-issued I.D and proof of citizenship in a form acceptable to the City. If the photocopy is not acceptable to the Rogers Police Department, the department may take photographs for the file.

j.        All applicants shall agree, in writing, to submit to a criminal background check and agree to pay the associated fees.

  1. For applicants who are individuals:
    1. 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. Applicants must provide proper documentation of such status in a form acceptable to the City.

(b) Massage therapist license application.

(9) Whether the applicant is a U.S. citizen or resident alien or has the legal authority to work in the United States. Applicant must provide proper documentation regarding citizenship status in a form acceptable to the City.

Section 22-689 Locations Ineligible for Therapeutic Massage Enterprise License is hereby amended as follows:

(c) Violation. No license shall be granted or renewed for adult uses on any premises where a licensee has been convicted of a violation of this article, or where any license hereunder has been revoked for cause, until one year has elapsed after such conviction or revocation.

Section 22-690 License Restrictions is hereby amended as follows:

(m) Inspections. In light of the high risk of involvement with illegal conduct an establishment providing massage therapy poses to the general public and in the interests of public safety, the issuing authority, environmental health department or designee, and/or the Rogers Police Department shall have the right to enter, inspect, and search the licensed premises during the hours in which the licensed premises is open for business and any at any time in which a patron is permitted to be on the licensed premises. during the hours in which the licensed premises is open for business to ensure compliance with all provisions of this section and any other applicable sections of the city code and state building code. Any searches of the licensed premises are subject to reasonableness standards as recognized by the courts; search warrants will be secured when applicable. Any entry into a private residence will require either consent, exigent circumstances, or a search warrant. With reasonable notice, the business records of the licensee, including income tax returns, shall be available for inspection during the hours in which the licensed premises is open for business. The licensee is subject to a fee for a third inspection per the fee schedule, if orders to correct are issued to the licensee and those orders are not corrected upon re-inspection. Licenses shall be granted only to establishments which can meet the safety and sanitary requirements of the city and of the building code regulations of the city and state.

Section 22-690(a) Restrictions Regarding Sanitation and Health

  1. (1)Toilet room requirements. A licensed therapeutic massage enterprise shall be equipped with adequate and conveniently located toilet rooms for the accommodation of its employees and patrons. The toilet room shall be well ventilated by natural or mechanical methods and be enclosed with a door. The toilet room shall be kept clean and in good repair and shall be adequately lighted.
  2. (2)Paper/linen requirements. A licensed therapeutic massage enterprise shall provide single-service disposal paper or clean linens to cover the table, chair, furniture or area on which the patron receives the massage; or in the alternative, if the table, chair or furniture on which the patron receives the massage is made of material impervious to moisture, such table, chair or furniture shall be properly sanitized after each massage.
  3. (3)Washing of hands required. The massage therapist shall wash his or her hands and arms with water and soap, anti-bacterial scrubs, alcohol or other disinfectants prior to and following each massage service performed.

Section 22-691 term, renewal of license is hereby amended as follows:

(e) a license and licensee’s designated operator or manager under this section shall be responsible for the conduct of the business being operated and shall not allow any illegal activity to take place within or outside on the property of the licensed premises.

The Ordinance shall have full force and effect upon its passing and publication.

Passed by the City Council of the City of Rogers, Hennepin County, Minnesota, this 22nd day of November, 2016.