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HomeMy WebLinkAboutOrdinance No. 4238 - MassageTherapyOrd.Amendment ORDINANCE NO. ____ AN ORDINANCE AMENDING AND REENACTING SECTION 115A.08 OF THE ROCHESTER CODE OF ORDINANCES, RELATING TO THE REGULATION OF THERAPEUTIC MASSAGE THERAPISTS. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: Section 1. Section 115A.08 of the Rochester Code of Ordinances is hereby amended and reenacted to read as follows: 115A.08. License Ineligibility. Subdivision 1. An application for a Massage Therapy Business License shall be denied upon any of the following grounds: A. The proposed fixed location or premises in which the Massage Therapy Business proposes to provide Massage Therapy Services is not located in a properly zoned district in which a business, or medical or health care facilities or uses are permitted by the zoning ordinances of this Code; B. The owner, operator, or any person who has a five percent financial interest in the proposed Massage Therapy Business or the appointed on-site manager or agent of the Applicant has within ten years of the date of application a conviction for, or was charged with, but convicted of a lesser charge of, a crime directly related to the Massage Therapy Business License. These crimes shall include, but not be limited to: (1) any of the crimes listed at Minn. Stat. §146A.08, subd. 1(b); or (2) Minn. Stat. §§609.321, 609.322, 609.324, 609.3243, 609.33, 609.52, 609.527, 609.528, 609.582, 609.74, 617.23 or a felony crime involving chapter 152, or a crime committed in another state under a statute in conformity with any of the statutes listed above. The Council must consider evidence of rehabilitation as provided in Minnesota Statutes, Section 364.03, subd. 3; C. The owner, operator or any person who has a five percent financial interest in the proposed Massage Therapy Business had a Massage Therapist or Massage Therapy Business-related license in another jurisdiction that was suspended or revoked within ten years preceding the date of application; D. The application was incomplete or failed to comply with all of the requirements of this chapter; E. The Applicant provided false or misleading information on the application form, or who has failed to pay the applicable fees; or F. The proposed Licensed Premises is the subject of delinquent or unpaid taxes, assessments, or other financial claims by the state, county or city and the Applicant has an interest or legal duty to pay those taxes, assessments or claims. G. The Applicant has been denied a license under this chapter within the previous 12 months. Subd. 2. An application for a Massage Therapist License shall be denied upon any of the following grounds: A. The Applicant has within ten years of the date of application a conviction for, or was charged with, but convicted of a lesser charge of, a crime directly related to the Massage Therapy License. These crimes shall include, but not be limited to: (1) any of the crimes listed at Minn. Stat. §146A.08, subd. 1(b); or (2) Minn. Stat. §§609.321, 609.322, 609.324, 609.3243, 609.33, 609.52, 609.527, 609.528, 609.582, 609.74, 617.23 or a felony crime involving chapter 152, or a crime committed in another state under a statute in conformity with any of the statutes listed above. The Council must consider evidence of rehabilitation as provided in Minnesota Statutes, Section 364.03, subd. 3; B. The Applicant had a Massage Therapist or Massage Therapy Business-related license in another jurisdiction that was suspended or revoked within ten years preceding the date of application; C. The Applicant is not 18 years of age or older; D. The Applicant is not a United States citizen and is not legally permitted to be in the United States; 2 E. The application was incomplete or failed to comply with all of the requirements of this chapter; F. The Applicant provided false or misleading information on the application form, or who has failed to pay the applicable fees; G. The Applicant has been denied a license under this chapter within the previous 12 months. Section 2. This ordinance is effective as of the date of its publication. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS _____ DAY OF ________________, 2016. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: ____________________ CITY CLERK APPROVED THIS _____ DAY OF ___________________, 2016. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Ord15/115A.08 3 ORDINANCE NO.42Zf8 AN ORDiNANCE AMEND- � ING AND REENACT- Subd, 2. An application iNC SECTION 115A.08 l for a Massago Theraplst OF THE ROCHESTER License shall be denied CODE OF OJRDINANC- upon any of the following ES, RELATiNG TO THE gnl REGULATION OF THER r�, K Th,App9icant has withµ APEUTIC MASSAGE AFFIDAVIT J in ten years of the date of THERAPISTS, application a conviction THE COMMON COUNCIL tar, or was charged with, OF THE CiTY of ROCH- �� Olmsted but convicted of a lessor ESTER DO ORDAIN: State of, Minnesota, County of Olmsted charge of, a crime direct- section 1.Section 115A.0® ly related to the Massage of the Rochester Code Therapy License, These 6 of ordinances is hereby Sue Lovejoy, being duly sworn, on oath that she is the publisher or authorized gimes snail Include, but amended and reenacted to J not be limited to; (1) any read as follows: agent and employee of the puiblisher of the newspaper known as the Post- of the crimes Misted at 1!15A,08. License inelltdi Minn. Stat. §145A.08. bility. Subdivision 1. A,n Bulletin, and has full knowledge of the facts which are stated below: subd, 1(b); or (2) Minn. application for a Massage Stat. §§609,:321, 609,322, Therapy Business License 609.32,4, 609,3243„ shallbedenied upon any of (A) The newspaper has complied with all the requirements constituting sag, 3, •5609.527, the following grounds: 609.528, 609,1562,609,(4, A. The proposed fixed qualifications as a legal newspaper, as provided by Minnesota Statute 617,23 or a felony crime location or premises In i involving chapter 162, or which the Message Ther- 331A.02, 331A.07 and other applicable laws, as amended. a crime committed in an- apy Business proposes to other state under a statute provide Massage Therapy In conformity with ;any of Services Is not located in (l3) The printed notice the statutes listed above, a properly zoned district In The Council must consider which a business,or mods. evidence of rehabilitation oaf or health care facilitiesWhich is attached was cut from the Columns of said newsy St newspaper, and was provided fMinnesota by or uses are permitted by p p Statutes, Section 344.03, 1 the zoning ordinances of printed and published 1 time(s); it was printed and published on the following subd.3„ this Code; B. The Applicant had a B, The owner, operator, dates: Massage Therapist or or any person who has a i Massage Therapy Busl- fivepercent financial Inter- I PB 03/24/2016 ness related license in an- ent In the proposed Mas- j lBB 03/24/20107 other Jurisdiction that was 'sage Therapy ,Business i suspended or revo'hed Mar the appointed on-site � within ken years preceding imanager or agent of the the date of appficakion; Applicant has within, ten printed below is a copy of the lower case alphabet from a to z., both inclusive, c, rhe Applicant Is not 19 years of the date o1 appll- years of ago or older; cation a conviction for, or which is hereby acknowledged as being the size and kind of type used in the D, The Appiioar,t is net a was charged with,but can Unitod Stages oitizon and is victed of a lesser charge Composition and publication of the notice: not IsIty permitted to be of, a crime directly related in the hilted Stales; to the Massage Therapy E. The application was in- Business License„ Those abcderghllklm©pgrstuvwxyrz complete or failed to com- . fall include, but J B Ay with all of the require - not s not bo limited to: (1) any P��T � ' ��L.L.C.b.L.'�. mems of this chapter; of the crimes listed at F. The Applicant provided Minn, Stat, §146A.08„ BAY": , r" subd, 1(b); or (2) Minn, false or misleading Nrator- ion � Stat, §§609.321, 609,322, �� motion an the sla filed to TITLE: Media Inside Sales Manager form, or who has faced to fa09.324, 6x,19,3243, g payAhe applicable fees; 609.33, 609.62, 609,627, O,The Applicant has been 609.528, 609 582,609.74, denied a license under this 617,23 or a felon crime Subscribed and sworn to me on " +r y chapter within 1t,o previous involving chapter 152, or JEAN USU'r a crime committed in an This day of CJ" tl(h 2Cb i ,93 S months, hE134'ARy'PL1kaLfC-MINNEB��TA Section 2,,This ordinance other state under a statute — is effective as of the date of In conlcrmity with any of 4x. a My Comm,Exp,Jan.31,2020 Its publication, the statutes listed above, QN PASSEL? AND ADOPT- The Council must considerPublic ELY BY THE COMMON evidence of rehabilitation t as pprovided in Minnesota RATE INFORMA ION COUNCIL 4F THE CITY StakuO kes, Section 364,03, I OF ROCHESTER, MiN- NCSOTA, THIS 14th,DAY subd,3; OF March„2016, C. The owner, operator 1} Lowest classified rate paid by commercial user $21,95 !s1 Randy Slaver or any person who has a For comparable space (per inch/per day/display rate) PRESIDENT t F SAID five percent financial inter- COMMON COUNCIL as[ In the proposed Mas- ATTEST: sage Therapy Business 2) Publication Fee $377,44 IS/Aaron S.Reeves had a Massage Therapist CITY CLERK or Massage Therapy Bust- APPROVED THIS" 181h ness-related license In an- GRAY OF March„2016, other jurisdiction that was Ad 0 169917:ORDINANCE NO.4238 AN ORDINANCE AMEN /S/-Ardelt Fi Brode suspended or revoked ; MAYOR within ten years preceding Seal of the City of the date of application; 2chester,Minnesota) D, The application was in- (3/24)t complete or failed to com=) ply with all of the require- i mants of this chapter, E, The applicant provided false or misleading infor- mation on the ap Iicetien j form, 0 hasaNlad to i ppay the applicablefees;or F,The proposed Licensed I Premises Ithe Subject of delinquent or unpaid tax. es, assessments, or oth- er financial claims' by the J state, county or city and the Applicant as an in- terest or legal duty to pay these taxes, assessments or claims, C,The Applicant has been denied a license under this chapter within the previous 12 months, i r,