§ 286.60. License requirements.

(a) Application. The application for a license shall be made only upon forms furnished by the licensing official and when completed by the applicant, shall be filed with the licensing official, and a record of the same made therein and shall contain the following information:

(1)

A description and location of the premises to be licensed. A scaled diagram of the premises and furnishings shall be attached to the application.

(2)

Names and addresses of the business owner, the manager or operator and, if a corporation, all the names and addresses of the officers of such corporation, and any other person or corporation which may have a financial interest in the premises to be licensed.

(3)

A description of any crime or other offense, including the time, place, date and disposition, for which any of the persons required to be named in subsection (a)(2) have been arrested and convicted.

(4)

A report detailing the costs required to open the business and the financial documentation supporting the costs and the availability of sufficient funds to meet such costs.

(5)

The applicant shall report any disciplinary action recorded by the Office of Unlicensed Complementary and Alternative Health Care Practice in the Minnesota Department of Health, Health Occupations Program and/or from other similar state agencies.

(6)

A detailed description of the services offered and detailed business operation plan.

(7)

The business, occupation and employment and residential history of each of the persons named in subsection (a)(2) for the ten (10) years immediately preceding the date of application.

(8)

The previous experience of the persons named in subsection (a)(2) in a massage and bodywork establishment or similar business.

(9)

A statement as to whether the persons named in subsection (a)(2) have had any license denied, revoked or suspended, the reason therefor, and the business activity or occupation of the individual subsequent to such suspension, revocation or denial.

(b)

Submission of plans and specifications. Health plan review required. No person shall begin to construct, extensively remodel, or alter a massage and bodywork establishment until the city has reviewed and approved the plans and specifications required by this subsection. This subsection shall not apply to massage and bodywork establishments in residential homes or to single operators.

(1)

The massage and bodywork establishment shall be constructed and finished in conformance with the approved plans. The city may inspect the massage and bodywork establishment as frequently as deemed necessary during construction to ensure that construction occurs in conformance with this chapter. The city shall conduct a final inspection prior to the start of operations and issuance of an approved license. If work has commenced prior to approval of plans when required, the city may issue orders to halt the construction, extensive remodeling, expansion, or alteration, or may issue orders, including demolition or removal, if reasonably necessary to determine compliance with the standards of this chapter.

(2)

All persons who hereafter construct, remodel or convert buildings or facilities for use as a massage and bodywork establishment shall conform and comply in their construction, erection or alteration with the requirements of this chapter. The plans will be reviewed and retained by the city. A building permit shall not be issued for any such construction, remodeling or alteration until such permit shall have the approval of the city.

(c)

Construction and maintenance requirements. The following requirements shall apply to the construction and maintenance of all massage and bodywork establishments:

(1)

All massage and bodywork establishments shall have a restroom made available in compliance with the Minnesota State Building Code.

(2)

All massage and bodywork establishments and restrooms used in connection therewith shall be constructed of materials which are impervious to moisture, bacteria, mold or fungus growth. The floor-to-wall and joints shall be constructed to provide a sanitary cove with a minimum radius of one (1) inch. Floor carpeting is allowed in rooms without showers, tubs or water-emitting devices, as long as it is maintained in satisfactory condition.

(3)

Floors, walls and equipment in massage and bodywork establishments and restrooms used in connection therewith must be kept in a state of good repair and sanitary at all times. Linens and other materials shall be stored at least six (6) inches off the floor. Sanitary towels, wash cloths, cleaning agents and toilet tissue must be made available for each customer. There shall be separate storage containers for dirty and clean linens.

(4)

All massage and bodywork rooms shall be clearly marked by signs.

(5)

Facilities for bathing, dressing, locker, toilet, massage and bodywork shall be provided in such a way as to ensure privacy for female and male patrons.

(6)

The premises shall have adequate equipment for disinfecting and sanitizing nondisposable instruments and materials used in administering massage and bodywork. Such nondisposable instruments and materials shall be disinfected after use on each patron.

(d)

Location restrictions. No massage and bodywork establishment shall be located or operated in any location not authorized by this Code or within or as an adjunct to any adult entertainment establishment or center or any establishment licensed or required to be licensed for the sale of any form of beverage alcohol, unless the beverage alcohol establishment is located within a hotel.

(e)

Application review. Such application shall be reviewed by such departments of the city as shall be deemed necessary by the licensing official. Plan review is not required by the health division for massage and bodywork establishments in residential homes, but the requirements must be met. (2013-Or-228, § 1, 12-6-13)