Review Survey Information Relating to an Ordinance Licensing Massage Establishments and Massage Therapists

Purpose:  The purpose of this item is to review the information gathered from the survey sent to Massage Therapists, asking for their opinion on regulating therapists and therapy businesses. 

Background:  At the July 8, 2014 City Council Work Session, a proposed ordinance licensing massage establishments and therapists  was discussed.  Council had questions and concerns regarding language in the proposed ordinance.  The City Attorney revised the proposed ordinance language based on Council discussion.  The City Attorney provided reasoning why some of the  language was included in the original proposed ordinance (a memo is attached).  Staff  and the City Attorney researched neighboring municipalities massage ordnances and discussed the findings.  A representative from Anoka County Sheriffs Office Criminal Investigation Divisions was also present to answer questions about criminal activity in Ramsey and Anoka County massage establishments.

The revised draft ordinance that Council saw in September is attached to this case.

Paragraphs from the Original Case:
The Ramsey Police Department has become aware of illegal activity taking place at massage establishments in Ramsey as well as other locations within Anoka County.  In order to control the criminal activity and protect the health, safety and welfare of the citizens of Ramsey, the Police Department believes it is necessary to adopt an ordinance that will license massage establishments and the employed therapists. 

The State of Minnesota has no licensing regulations concerning the practice of massage therapy.  The regulation of the massage industry is left up to the local authority, meaning county or city. The County of Anoka does not have any licensing provisions and leaves any regulations up to the City where an establishment is located.  By establishing an ordinance, the City would be able to revoke or suspend a license where illegal activity has taken place.  The City currently has no authority to close a business where illegal activity has taken place or remove a therapist that has violated State Statute.

Update:
When the ordinance was discussed at the September 9, 2014 City Council Work Session, Council directed that staff send a survey and the ordinance to existing massage therapists, working in the local area.  Staff crafted a survey and mailed it out to 18 massage therapists in the area, including Ramsey, Blaine, Ham Lake, Anoka, Coon Rapids, Bethel, and Maple Grove.  Two responses were received.  Both responses agreed there should be regulations placed on the therapist and/or business and mostly agreed with the regulations and who should be regulated as listed in the draft ordinance.  The two responses are attached to this case.

If Council is in agreement that the ordinance should be brought forward for action, introduction can be placed on the Consent Agenda on December 9, followed by adoption on January 13.  It should be noted, however, that with that timeline; there will be two new members on the Council for the first meeting in January.

15 - 30 min

None

Police Department and City Attorney

To receive direction on bringing an ordinance regulating Massage Therapy Businesses and Massage Therapists forward for introduction to the City Council.

and

If Council desires to have such ordinance brought forward, staff would like direction on whether the ordinance should be brought forward for introduction in December and adoption in January - OR - for introduction and adoption in January.