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Home My WebLink About2001-11 06-25 CCOCITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25 day of June, 2001, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending Chapter 23 relating to the licensure of massage. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763 -569 -3306 to make arrangements. ORDINANCE NO. 2001 -11 AN ORDINANCE AMENDING CHAPTER 23 RELATING TO THE LICENSURE OF MASSAGE IN THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center Code Section 23 -1701 is amended by adding the following paragraphs: 5. The term "bona fide health club" means those parts of a facility that are designed and used primarily for health and fitness activities and that have a capital investment of at least $250,000 in building and fixtures and at least $20,000 in exercise equipment. 6. The term "qualified" when used to refer to a barber shop, hair or beauty salon, or licensed cosmetology salon, means that such primary use has at least two full time employees engaged in the primary business use, is in a zoning district where such use is a permitted use, has no more than 15% of the floor area of the premises devoted to a massage use, has been in business in the city for at least three years, and has a capital investment in furniture, fixtures and equipment of at least $30,000. 7. The term "recognized school" means a school or educational institution that: a) is in good standing with the Minnesota Therapeutic Massage Network or the American Massage Therapy Association; b) is either registered or licensed with the Minnesota Higher Education Office or accredited by a federally recognized accrediting agency; c) has for its purpose the teaching of the theory, method, profession or work of massage; and d) requires a resident course of study before the student is given a diploma or certificate of graduation following the successful completion of the course of study or learning. ORDINANCE NO. 2001 -11 Section 2. Brooklyn Center Code Section 23 -1703 is amended as follows: Section 23 -1703. LICENSE AND CERTIFICATE REQUIRED. No person shall engage in the business of operating a massage parlor or massage establishment either exclusively or in connection with any other business enterprise without being first duly licensed as provided herein. No person shall engage in or hold himself or herself out as being engaged in the practice of massage nor shall any person administer or practice massage commercially or for hire, or for the exchange of any valuable consideration within the City of Brooklyn Center without first having obtained a certificate as herein provided, except any person who is currently registered by the State Board of Medical Examiners. No business license shall be required for qualified barber shops, hair or beauty salons or for bona fide health clubs; provided, however that all other requirements of Sections 23 -1700 through 23 -1720 must be met, and all masseurs and masseuses must have certificates. No business license shall be required, and the requirements of Section 23 -1712 need not be met, for a masseur or masseuse, holding a current and valid certificate, to give massages to persons at public places if both the masseur or masseuse and the customer are fully clothed, the place is open to the public and access is not limited to adults, and the massage is limited to the scalp, neck, shoulders, arms and back. Section 3. Brooklyn Center Code Section 23 -1709, paragraph 6 is amended as follows: 6. Licenses may only be granted when in complete conformity with the zoning code of the City of Brooklyn Center. No license shall be granted for any premises which is within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece or parcel of land as a currency exchange operation, secondhand goods dealer, pawn shop, tattoo or body piercing establishment, another massage parlor, school, day care center, church, hospital, on -sale liquor establishment, halfway house, theater or residence; provided, however, that this limitation shall not apply to bona fide health clubs or qualified barber shops, hair or beauty salons or licensed cosmetology salons. Section 4. Brooklyn Center Code Section 23 -1710 is amended by adding paragraph 6 as follows: 6. Certificates shall be issued only to persons having at least 500 hours of training in massage from a recognized school. ORDINANCE NO. 2001 -11 Adopted this 25 day of June 2001. ATTEST: Section 5. Brooklyn Center Code Section 23 -1711, paragraph 10 is amended as follows: 10. Except as provided in Section 23 -1703, aAny person practicing massage within the City may do so only at premises which are licensed for the conduct of such business as herein provided and further any person practicing massage shall inform the City of any changes in employment or the location of his employment within the City within seven (7) days after such change. Section 6. Brooklyn Center Code Section 23 -1711, paragraph 11 [requiring same sex massage] is repealed and the remaining paragraphs of Section 23 -1711 are renumbered. Section 7. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. City Clerk Date of Publication: July 4, 2001 Effective Date: August 3, 2001 (Strikeout indicates matter to be deleted, underline indicates new matter.)