MASSAGE THERAPY LICENSE

Transcription

1 Guidelines fr MASSAGE THERAPY LICENSE City f Mrhead 500 Center Avenue, PO Bx 779 Mrhead, MN Phne: Fax: [email protected] Mrhead City Cde, 2-6C: Massage Enterprise Massage Therapist OVERVIEW Massage Enterprise: This license is required fr a business where the practice f massage is carried ut by licensed massage therapists t members f the public in a designated business lcatin within the City. It is the respnsibility f the Massage Enterprise license hlder t make certain that any persn engaging in the practice f massage within the enterprise btains a prper license prir t emplyment and ensure all terms and cnditins f Mrhead City Cde 2-6C are carried ut. Any vilatins, whether cmmitted by the persns hlding the license r an emplyee f the Massage Enterprise will be grunds fr revcatin r nnrenewal f the license. Massage Therapist: This license is fr an individual wh practices r administers massage as defined belw, and wh has made a study f the underlying principles f anatmy and physilgy as they are generally included in a regular curse f study by a recgnized and apprved schl f massage. N persn shall give a massage within the City f Mrhead withut first btaining a license. Massage: Any methd f pressure n r frictin against, r the rubbing, strking, kneading, tapping, punding, vibrating, stimulating r rlling f the bdy with the hands, r with the aid f any mechanical r electrical apparatus, r ther appliances r devices, fr a fee r fr cmpensatin, direct r indirect. Please Nte: There are sme exemptins t massage license prvisins which are described in Mrhead City Cde, 2-6C-7. REQUIREMENTS ALL Applicants Cmpletin f Massage Therapy License Applicatin frm. Cmpletin f Certificate f Cmpliance: MN Wrkers Cmpensatin Law frm. Cmpletin f Tax Identificatin frm.

2 Cmpletin f Cnsent t Perfrm Criminal Histry Backgrund Check frm in rder fr the Mrhead Plice Department t cnduct a backgrund investigatin. Please Nte: the cnsent frm requires the signature f a Ntary Public. There are ntary s available t witness signatures at n charge at City Hall (500 Center Avenue). Massage Enterprise ONLY A premise inspectin will be cnducted by Clay Cunty Envirnmental Health. Attached yu will find a Massage Enterprise Sanitary Guidelines dcument which lists required equipment and prcedures. Massage Therapy ONLY Credentials demnstrating at least 500 hurs f study issued by a state recgnized schl f massage therapy. Prf f prfessinal class membership in an assciatin fr massage therapy. OR Certificatin by the Natinal Certificatin Bard fr Therapeutic Massage & Bdywrk. Certificate f Liability Insurance demnstrating $600,000 r mre in prfessinal liability insurance cverage. Accepted liability insurance rganizatins include: Assciated Bdywrk and Massage Prfessinals (ABMP) American Massage Therapy Assciatin (AMTA) American Massage Cuncil Hands-On Trade Assciatin Massage Magazine Insurance Plus FEES Initial Renewal Enterprise License $125 $125 Therapist License $125 $125 Cmbined Enterprise/Therapist License $250 $125 LICENSE PERIOD All City licenses expire December 31 and must be renewed by January 1 f each year. SUBMIT APPLICATIONS TO QUESTIONS City f Mrhead Phne: Attn: City Clerk [email protected] 500 Center Avenue, PO Bx 779 Mrhead, MN

3 MASSAGE THERAPY LICENSE APPLICATION APPLICANT INFORMATION ALL applicants must cmplete the fllwing infrmatin. Name Current Address First Middle Last Street City State Zip Previus Address Street City State Zip Phne (day) Day Eve MASSAGE THERAPIST INFORMATION Please disregard the fllwing questins if yu d nt require a Massage Therapist license. Will yu be affiliated with a licensed Massage Enterprise establishment in Mrhead? Yes N If yes, where: Name and address f state recgnized schl f massage therapy: Name f massage therapy assciatin in which applicant hlds a membership OR date f Certificatin by the Natinal Certificatin Bard fr Therapeutic Massage & Bdywrk: Name f liability insurance prvider:

4 MASSAGE THERAPY LICENSE APPLICATION MASSAGE ENTERPRISE INFORMATION Please disregard the fllwing questins if yu d nt require a Massage Enterprise license. Business Name Business Address Street MOORHEAD MN City State Zip Business Phne Business Facility Huse Apartment Cmmercial Building Other Facility Descriptin

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6 TAX IDENTIFICATION FORM LICENSE APPLICANT: Pursuant t *Minnesta Statute 270C.72 Tax Clearance: Issuance f Licenses, the licensing authrity is required t prvide t the Minnesta Cmmissiner f Revenue yur Minnesta business tax identificatin number and the Scial Security number f each license applicant. Under the Minnesta Gvernment Data Practices Act and the Federal Privacy Act f 1974, we are required t advise yu f the fllwing regarding the use f this infrmatin: 1. This infrmatin may be used t deny the issuance, renewal r transfer f yur license in the event yu we the Minnesta Department f Revenue delinquent taxes, penalties r interest: 2. Upn receiving this infrmatin, the licensing authrity will supply it nly t the Minnesta Department f Revenue. Hwever, under the Federal Exchange f Infrmatin Agreement the Department f Revenue may supply this infrmatin t the Internal Revenue Service: 3. Failure t supply this infrmatin may jepardize r delay the prcessing f yur licensing issuance r renewal applicatin. Please supply the fllwing infrmatin and return alng with yur applicatin t the agency issuing the license. DO NOT RETURN TO THE DEPARTMENT OF REVENUE. Name f Applicant Type f Business Minnesta Tax Identificatin # Federal Tax Identificatin # Scial Security # (if MN & Federal Tax ID are nt prvided)* If a Minnesta Tax Identificatin Number is nt required, please explain belw. Signed by Date Print Name f Persn Signing: *2008 Minnesta Statutes 270C.72 TAX CLEARANCE; ISSUANCE OF LICENSES. Subd. 4. Licensing authrity; duties. All licensing authrities must require the applicant t prvide the applicant's Scial Security number and Minnesta business identificatin number n all license applicatins. Upn request f the cmmissiner, the licensing authrity must prvide the cmmissiner with a list f all applicants, including the name, address, business name and address, Scial Security number, and business identificatin number f each applicant. The cmmissiner may request frm a licensing authrity a list f the applicants n mre than nce each calendar year. Histry: 2005 c 151 art 1 s 87

7 CONSENT TO PERFORM CRIMINAL HISTORY/ DRIVER S LICENSE BACKGROUND CHECK TENNESSEN WARNING Print Full Name (First) (Full Middle) (Last Print Maiden / Previus Name(s) and/r Aliases Residing at (Address) (City) (State) (Zip Cde) Driver s License N. / State Cell Phne Number Date f Birth Phne Number Place f Birth I d hereby authrize the Mrhead Plice Department t disclse criminal histry, driver s license, and lcal recrds check infrmatin t the Mrhead City Manager, City Clerk, and City Cuncil all cllected as a result f the backgrund investigatin cmpleted fr the purpse f evaluating the license applicatin. I understand that failure t prvide this release will result in a denial f my applicatin. I understand that my recrds are subject t the State Data Practices Act and becme public dcuments unless therwise prvided fr by state r federal law. I als understand that I may revke this cnsent at any time except t the extent that actin has been taken in reliance n it and that in any event, the cnsent expires autmatically as described belw. Subscribed and swrn befre me this This authrizatin is valid fr six (6) mnths frm the date indicated belw. day f, 20. (Ntary Public) My cmmissin expires Signature f abve individual authrizing release Date: All wners, partners, and managers are t cmplete a cpy f this frm.

8 Massage Enterprise Sanitary Guidelines In accrdance with Mrhead City Cde, Sectin 2-6C-6, the licensed massage enterprise premises must meet the sanitary guidelines set frth by the City. The fllwing list prvides infrmatin regarding required equipment and prcedures. 1. Prvide washable cabinets fr the strage f clean linens. 2. All walls, ceilings and flrs must be kept in gd repair and maintained in a clean and sanitary manner. Carpet may be used in the massage rm prvided it is f a shrt material and tightly wven. 3. Clean and sanitary twels must be prvided fr each patrn. 4. Head rests fr each table shuld be prvided with a clean and sanitary paper twel r sheet fr each patrn. 5. It is recmmended that separate hand washing facilities be installed. Hwever; hand washing facilities lcated in a nearby and accessible restrm are acceptable. 6. The ct shuld be cmmercially designed t make it cleanable and easy t sanitize. 7. The liquid materials, etc, that will be used fr massages must cme frm an apprved surce. 8. The rm fr cnducting massages must be separate frm nrmal living spaces and must have a clseable dr. Premise inspectins are cnducted by Clay Cunty Envirnmental Health. If yu have any questins, please cntact r [email protected].

9 MOORHEAD CITY CODE Title 2: BUSINESS AND LICENSE REGULATIONS Chapter 6: SERVICE BUSINESSES Article C: MASSAGE THERAPY 2-6C-1: DEFINITIONS: MASSAGE: Any methd f pressure n r frictin against, r the rubbing, strking, kneading, tapping, punding, vibrating, stimulating r rlling f the bdy with the hands, r with the aid f any mechanical r electrical apparatus, r ther appliances r devices, fr a fee r fr cmpensatin, direct r indirect. MASSAGE ENTERPRISE: A business where the practice f massage is carried ut by licensed massage therapists t members f the public, but des nt include the giving f a massage t a persn at that persn s residence r place f business by a license massage therapist. MASSAGE THERAPIST: An individual r a persn ver the age f eighteen (18) wh practices r administers "massage" as defined abve, and wh has made a study f the underlying principles f anatmy and physilgy as they are generally included in a regular curse f study by a recgnized and apprved schl f massage. The individual shall have a diplma r credentials issued by a state recgnized schl f massage r like institutin demnstrating satisfactry cmpletin f nt less than five hundred (500) hurs f study; said curse f study shall be accredited r apprved by the American Massage Therapy Assciatin (AMTA) r Assciated Bdy Wrk and Massage Prfessin (ABMP) (r similar rganizatin meeting the standards equivalent t the AMTA r ABMP), r in additin t the study requirement, the individual shall maintain a prfessinal class membership in the American Massage Therapy Assciatin r Assciated Bdy Wrk and Massage Prfessin (r membership in an rganizatin similar t AMTA r ABMP), r, in additin t the study requirement, the individual shall have passed the certificatin examinatin by the Natinal Certificatin Bard fr Therapeutic Massage and Bdywrk. PERSON: An individual, a partnership r a crpratin which may perate the business f a massage enterprise, r an individual wh engages in the practice f massage. (Ord , ; and. Ord , ) 2-6C-2: LICENSES REQUIRED: A. N persn shall perate a massage enterprise within the city withut first btaining a license frm the city and paying the fee therefr as hereinafter established. B. N persn shall give a massage within the city withut first btaining a license frm the city and paying the fee therefr as hereinafter established. (Ord , ) Mrhead City Cde: Title 2, Chapter 6, Article C MASSAGE THERAPY

10 2-6C-3: INVESTIGATION OF LICENSE APPLICANTS: The plice department shall investigate all applicatins fr a license t perate a massage enterprise, r t practice massage within the city. The plice shall cnduct a criminal backgrund check as part f the investigatin. In the event a natinal criminal backgrund investigatin is required, the applicant shall be respnsible fr all additinal fees incurred fr such and, upn request, prvide additinal infrmatin required t cmplete this prcess. All applicants are required t cmplete an infrmed cnsent authrizing the disclsure f all criminal histry recrd infrmatin. Upn cmpletin f said investigatin, shall reprt t the cuncil in writing its findings and recmmendatins. The investigatin shuld determine if there are any grunds t deny a license as set frth in subsectin 2-6C-4B f this article. (Ord , ) 2-6C-4: APPROVAL, DENIAL, SUSPENSION OR REVOCATION OF LICENSE: After the investigatin required under sectin 2-6C-3 f this article, the cuncil shall act and either apprve r deny the issuance f said license n the basis f said investigatin and reprt. (Ord , ) A. Apprval And Issuance: The city clerk shall be empwered upn cuncil apprval t issue licenses t a persn t engage in the practice f massage, r t perate a massage enterprise, upn applicatin being made therefr t the ffice f the city clerk; the licenses issued by the city clerk shall be displayed in a prminent place within a licensed massage enterprise fr each such persn licensed t engage in the practice f massage. (Ord , ) B. Deny License: N persn shall be issued a license under the terms f this article if the applicant: 1. Is under the age f eighteen (18) years. 2. Has been cnvicted f any crime directly related t the ccupatin licensed as prescribed by Minnesta statutes sectin , subd. 2 (including, but nt limited t, Minnesta statutes sectins thrugh ), and wh has nt shwn cmpetent evidence f sufficient rehabilitatin and present fitness t perfrm the duties and respnsibilities f the licensee as prescribed by Minnesta statutes sectin , subd Is nt a citizen f the United States r resident alien. 4. Has misrepresented r falsified infrmatin n a license applicatin r additinal infrmatin requested by the city. 5. Cannt meet the definitin f "massage therapist" in sectin 2-6C-1 f this article. C. Suspend Or Revke License: The cuncil may suspend r revke any license t perate a massage enterprise r a license t practice massage as defined in this article in accrdance with the prvisins f subsectin A f this title. (Ord , ) Mrhead City Cde: Title 2, Chapter 6, Article C MASSAGE THERAPY

11 2-6C-5: LICENSE TERM AND FEES: A. Massage Enterprise License: A license issued fr the peratin f a massage enterprise shall be issued fr a perid f ne year and expire n December 31, and the applicant shall pay in advance the fee as established by the city's fee schedule. Such license may thereafter be renewed annually by reslutin f the cuncil upn payment in advance f an annual fee as established by the city's fee schedule. (Ord , ; amd. Ord , , eff. retractive t ) B. Massage Therapist License: A license issued t an individual t engage in the practice f massage shall be issued fr a perid f ne year, and expire n December 31, and the applicant shall pay in advance the fee as established by the city's fee schedule. Such license may thereafter be renewed annually by reslutin f the cuncil upn payment in advance f an annual fee. (Ord , ; amd. Ord , , eff. retractive t ) 2-6C-6: CONDITIONS OF LICENSE: A. Respnsible Authrity: If a licensee t perate a massage enterprise is a persn ther than an individual engaged in the active day t day management f the business, such licensee shall designate in writing t the city the name f a manager wh shall be actively engaged in the business. B. Cmply With Regulatins: It shall be the respnsibility f the persns t whm the license t perate a massage enterprise is issued, and such persns' designated managers, t carry ut all f the terms and cnditins f this article; and any vilatins f this article, whether cmmitted by the persns hlding the license, their manager r an emplyee f said massage enterprise, will be grunds fr revcatin r nnrenewal f the license. C. Recrd Of Emplyees Kept: It shall be the respnsibility f the persns hlding the license and such persns' manager t file with the city the names f each and every individual wh will engage in the practice f massage at the massage enterprise, their birth date, mst previus address and current address. D. Emplyees Must Be Licensed: It shall be the respnsibility f the persns hlding the license t perate a massage enterprise and their designated manager t make certain that any persn engaging in the practice f massage within such massage enterprise btains a prper license as required under this article prir t cmmencing emplyment and engaging in the practice f massage. E. Lcatin Restrictins, Transferability: 1. Massage Enterprises: The licenses issued by the city t perate a massage enterprise shall be issued fr and shall designate a specific lcatin within the city where the massage enterprise shall perate. Such license is nntransferable bth as t persn and lcatin withut the apprval f the cuncil. (Ord , ) 2. Massage Therapists: The licenses issued by the city t a persn t engage in the practice f massage shall entitle the licensed massage therapist t perfrm n site massage at a business, public gathering, private hme, r ther site nt n a massage enterprise premises. The massage therapist must have a license in his/her pssessin if Mrhead City Cde: Title 2, Chapter 6, Article C MASSAGE THERAPY

12 a massage is given ff a licensed massage enterprise. Recrds must be retained fr ne year fr all massages given ff a licensed massage enterprise, and such recrds shall be made available t the plice department upn request. (Ord , ) F. Prhibited Acts: 1. The persn wh is receiving a massage shall at all times have his r her genitals cvered with nntransparent material r clthing. 2. Any massage therapist perfrming a massage shall at all times have his r her breasts, buttcks, anus and genitals cvered with a nntransparent material r clthing. 3. At n time shall the massage therapist intentinally massage r ffer t massage the penis, scrtum, mns veneris, vulva r vaginal area f the persn. G. Drs T Be Open: N licensed massage enterprise shall have its entry dr lcked at any time during nrmal business hurs. (Ord , ) H. Premises Open Fr Inspectin: Any persns hlding a license frm the city t perate a massage enterprise shall agree in their applicatin that their place f business will be pen t inspectin by the city and any authrized city persnnel, including the fire, plice, and health departments, upn presentment f prper credentials withut ntice, at any time during nrmal business hurs. I. Sanitary Guidelines: The licensed premises must meet the sanitary guidelines set by the envirnmental health fficer f the city. (Ord , ) 2-6C-7: EXEMPTIONS TO LICENSE PROVISIONS: A massage enterprise r massage therapist license is nt required fr the fllwing persns and places: A. Persns duly licensed by this state t practice medicine, surgery, nursing, stepathy, chirpractic, physical therapy, r pdiatry, prvided the massage is administered in the regular curse f the medical business and nt prvided as part f a separate and distinct massage business. B. Persns duly licensed by this state as beauty culturists r barbers, prvided such persns d nt hld themselves ut as giving massage treatments, and prvided the massage by beauty culturists is limited t the head, hands, neck and feet, and the massage by barbers is limited t the head and neck. C. Persns wrking slely under the directin and cntrl f a persn duly licensed by this state t practice medicine, surgery, stepathy, chirpractic, physical therapy r pdiatry. D. Places duly licensed r perating as a hspital, nursing hme, hspice, sanitarium, grup hme r similar licensed facility established fr the hspitalizatin r care f human beings. Mrhead City Cde: Title 2, Chapter 6, Article C MASSAGE THERAPY

13 E. A persn wh uses special pressure techniques n the reflexes in the human feet, hands and ears, cmmnly referred t as reflexlgy, and limits his/her practice t pressure techniques n the clients' feet, hands and ears. F. Accredited schls thrugh the ACICS, r similar rganizatin, ffering classes n massage, prvided all instructrs btain a massage therapist license frm the city. G. Enrlled students in a prgram f massage ffered by an accredited schl as lng as the massages given by the students are a requirement f their instructinal prgram and n cmpensatin is prvided fr the massage, r if a massage is given as part f a required internship/externship and the massage is given at an ff site licensed facility, r a facility made exempt by this sectin, and the student is supervised by a licensed massage therapist r ther qualified persn exempt frm the massage therapist license by this sectin. (Ord , ) 2-6C-8: INSURANCE REQUIRED: A massage therapist must prvide city prf that the massage therapist has current insurance cverage f six hundred thusand dllars ($600,000.00) r mre fr prfessinal liability in the practice f massage. (Ord , ) 2-6C-9: VIOLATIONS AND PENALTIES: A. A cnvictin f any persns hlding a license t perate a massage enterprise, their manager, any persn hlding a license t practice massage r any emplyee f a licensed massage enterprise, fr a vilatin f this article r any crime directly related t the ccupatin licensed as prescribed by Minnesta statutes sectin , subd. 2, including, but nt limited t, Minnesta statutes sectins thrugh , inclusive, as a result f cnduct n the licensed premises r ff the premises if initial cntact is made n the premises, shall be grunds fr immediate revcatin f the license issued under the terms and cnditins f this article. B. Any persn vilating any prvisins f this article shall, upn cnvictin, be penalized in accrdance with the prvisins f sectin f this cde. (Ord , ) Mrhead City Cde: Title 2, Chapter 6, Article C MASSAGE THERAPY