Ordinance 600 Approving Amendments to Shorewood City Code Chapter 311 (Massage Licensing)ORDINANCE 600
CITY OF SHOREVVQOD
COUNTY OFHENNE9|N
STATE 0FyN|MNESOTA
AN ORDINANCE APPROVING AMENDMENTS TQSH0REVVOOD CITY CODE
CHAPTER 311(MASSAGE LICENSING)
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, DOES ORDAIN:
SECTION 1: AMENDMENT. That the Municipal Code ofShorewood, Minnesota, Chapter 3l1'ishereby
repealed and replaced in its entirety with the following:
311.01 DEFINITIONS.
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Adequate and approved mean acceptable to the county health inspector following their determination
astoconformance with public health practices and standards.
Health care facility o/ provider means any person providing medical, surgical, dental, chiropractic or
osteopathic services, or physical therapy services pursuant to a prescription therefor, wherein
practitioners are licensed bythe state, such as, but not limited to, a hospital, sanitarium, rest home'
nursing home, boarding home, or other institution for the hospitalization or care of human beings duly
licensed under the provisions of Minn. Stats. §§ 144.50-144.69.
Manager means the individual responsible for administering the daily operations of the Massage
business, including supervision ofstaff and -the premises.
Massage means the method of treating the superficial parts of the human body of another by rubbing,
pressing, stroking, kneading, tapping, pounding, vibrating, or stimulating with the handy or any
instrument for hire or for consideration with the intention of positively affecting the health and well-
being of the client. The term "massage" shall not include such activities when performed exclusively on
apeoun`shand and/or foot inconjunction with amanicure orpedicure.
Massage business means the offering of massage services to the general public, regardless of whether
the offer islimited only toselect invitees ororganizational members.
Sanitary means tobefree from pathogenic micru-organisms.
Within the city means physical presence as well as telephone referral situations, such as a °'phone -a -
message" type operation, in which the business premises, although not actually located within the city,
serves as a point of assignment of employees who respond to requests for services from within the city.
311.02 PENALTIES.
(a) Every person who commits or attempts to commit, conspires to commit or aids or abets
in the commission of any act constituting a violation of this article or any rule
promulgated thereunder, whether individually or in connection with one or more other
persons or as principal, agent, or accessory, shall be guilty of a misdemeanor and, upon
conviction, shall be punished in accordance with section 104.01. Every person who
falsely, fraudulently, forcibly or willfully induces, causes, coerces, permits or directs
another to violate any of the provisions of this article or any rule promulgated
thereunder is likewise guilty of a misdemeanor.
(b) The city may seek to enforce this chapter through criminal prosecution and/or civil relief.
Nothing in this article shall prohibit the city from seeking misdemeanor prosecution,
administrative penalties, or both, and does not affect the city's right to suspend or revoke
the license of a licensee as the city council deems appropriate. No administrative penalty
or license suspension or revocation may take effect until the licensee or other individual
has received notice, served personally by mail, of the alleged violation and of the
opportunity for a hearing.
311.03 LICENSE REQUIRED.
Except as may otherwise be provided in this article and with the exception of health care
facilities or providers, it shall be unlawful for any person to operate a massage business or to personally
perform massage services or to hold one's self out as being a massage therapist within the city unless
such business or individual performing massage services is currently licensed under this article.
Employees of a massage business must be separately licensed to perform personal massage services
under this article if they perform such services.
311.04 PROOF OF LOCAL RESIDENCY REQUIRED.
Any applicant for a business license or personal service license shall show proof of Minnesota
or Wisconsin residency. In the case of a business license, the manager must also reside within
Minnesota or Wisconsin.
311.05 FILING AND CONTENTS OF LICENSE APPLICATION.
(a) Every application for a license under this article shall be filed with the City Clerk. Each
application shall be made on a form supplied by the city and shall contain the following
information:
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(1) Business licenses.
a. Whether the applicant isonatural person, acorporation, apartnership,
orother form oforganization.
b. |fthe applicant isanatural person:
1. The true name' place, and date ofbirth, address, and phone
number ofthe applicant.
2. Whether the applicant has eve/ used or has been known by a
name other than their true name, and, if so, what was such
name and information concerningdatesand p|aceswhereused.
l The name of the business if it is to be conducted under a
designation, name or style other than the full individual name
of the applicant; in such rase, a certified copy ofthe certificate
as required by Minn. Stats. [h. 333 shall be attached to the
application.
4. A Minnesota tax identification number accompanied by the
corresponding certificate of organization issued by the
Minnesota Secretary of State's Office.
5. The street address at which the applicant has lived during the
preceding five years.
6. The type, name and location of every business or occupation
the applicant has been engaged in during the preceding five
years.
7.
The names and addresses of the applicant's employers and
partners, ifany, for the preceding five years,
8.
Whether the applicant has ever been convicted ofany felony or
other crime or violation of any ordinance other than traffic
ordinances. If so, the applicant shall furnish information as to
the time, place and offense for which convictions were had.
9.
The physical description ofthe applicant (ie,height, eye color,
hair color, approximate weight).
10.
A government issued photo |D card. Non-U.S. citizens must
provide documentation indicating authorization tuwork inthe
U.S. Identification documents shall bacopied and made part of
the application.
ll.
The applicant's training orexperience in performing massage
services.
12.
The name ofthe manager orproprietor orother agent incharge
ofthe business tobelicensed.
13.
The applicant must allow the city to photograph the applicant.
The photograph will beaffixed tothe issued license.
C. If the
applicant is a partnership:
1.
The names' addresses and interest of all partners and all
information concerning each partner as is required of an
individual applicant in subsection (a)(1)b of this section. A
separate application form shall be submitted for each business
partner.
2.
The name of the manager.
3.
A true copy of the partnership agreement, which shall be
submitted with the application. Ifthe partnership isrequired to
file a certificate as to a trade name under the provisions of
Minn. 5tats. Ch. 333, a certified copy of such certificate shall
also beattached.
d. |fthe applicant isacorporation orother organization:
1. The name and, ifincorporated, the state ofincorporation.
2. A true copy of the certificate of incorporation, articles of
incorporation orassociation agreement, and bylaws, which shall
be attached to the application. If a foreign corporation, a
certificate ofauthority, asdescribed inMinn. Stats.Ch. 3O3,shall
also beattached.
3. The name ofthe manager ofthe business tobelicensed and all
information concerning such persons asiorequired insubsection
(a)(1)b of this section. The individual designated by the
corporation, partnership orother organization asmanager shall
remain responsible for the conduct ofthe daily operations ofthe
business until another suitable person has been designated in
writing bythe licensee. The licensee shall promptly notify the city
inwriting ofany change inmanager, indicating the name, address
and telephone number ofthe new manager and the effective
date ofthe change. The licensee isnot relieved ofany obligations
under this chapter bydesignation ofamanager.
4. A list of all persons who are officers or directors of the
corporation ororganization orwho control orown an interest in
excess offive percent insuch corporation urorganization, and all
information concerning such persons as is required in subsection
(o)(1)(b) of this section. A separate application form shall be
submitted for each business partner.
e. Identify any prior or current professional, personal, or business license or
license application from a jurisdiction other than the city. For each license
or application supply the date of application, the nature of the license,
whether the application was granted or denied, current status of the
license urapplication, specify any adverse action (such as revocation,
suspension, cancellation, or conditional provisions of practice or use of
professional, personal, or business license, or criminal charges) token
against the license, licensee, any employee, agent, contractor, or other
person associated with any license orlicense application from another
jurisdiction.
f. The names of those individuals to be licensed and working for the
applicant. At least one licensed massage therapist, or an applicant for a
personal service license contemporaneously filed with the business
license application, must be employed orassociated with the business
prior tothe issuance ofabusiness license.
9. The names, residences, and business addresses nfthree residents ofthe
State of Minnesota, of good moral character, not related to the
applicant or financially interested in the premises or business, which
may provide reference as to the applicant's and/or manager's
character.
h. The address and legal description nfthe business premises.
I. Proof acceptable to the city that the applicant has current insurance
coverage as provided insection 311.1O.
]. A copy of the businesses sexual harassment and sexual assault policy,
which shall include standards for training employees on sexual
harassment and sexual assault and the reporting and investigation of
complaints.
k Such other information as city staff or city council may require,
including any additional information related to the foregoing
mandatory application contents.
(Z) Personal service licenses.
a. All information required above for business licenses under subsections
(a)(l)b.l, b.2,(a)(1)b.5--I0'(a)(I)b.12' (a)(1)e,and (a)(1)g--i
b. Proof acceptable tothe city that the applicant:
1. Is legally authorized tuwork in the U.S. Non-U.S. citizens must
provide documenting indicating authorization towork in the
U. S.
I Possesses current personal professional liability insurance
coverage or is an additional insured and/or is subject to an
insurance policy held by a business licensed under section
311.05, with coverage as required by in City Code section
311.18.
3. Is affiliated with, employed by, or owns a massage business
licensed by the city oris exempt from such requirement.
C. Certificates shall be issued only to persons who have received and can
furnish proof of receiving a qualifying amount of education. These
minimum requirements are any ofthe following:
1. Hold an associate's degree or greater level degree in a field of
nursing or physical therapy from a state -accredited, post-
secondary educational institution, and hold a current license, in
good standing, from the State ofMinnesota topractice nursing
orphysical therapy;
I Has completed 500 hours of certified therapeutic massage
training from a member school of the National Certification
Board for Massage Therapeutic Massage and Bodywork
(NC8TMB) or other organization of therapeutic massage
professionals which has asimilar written and enforceable code
ofethics asapproved bythe City Clerk.
3. Successfully pass the National Examination for Therapeutic
Massage within the year prior to application as offered by the
U.S. National Organization Board for Therapeutic Massage and
Bodywork.
4. Have been previously licensed by the city and provide
documentation that shows an ongoing effort to maintain or
improve their massage therapy skills.
d. The location where the applicant will perform massage services, which
location must conform with sections 311.4and 311.5 unless otherwise
provided inthis article.
(b) The applicant and licensee shall have a continuing duty to immediately disclose to the
city any change inthe information supplied imthe application.
311.06 EXECUTION QFLICENSE APPLICATION.
All applications fora license under this article, whether for business or personal service, shall
besigned and sworn to. |fthe application is that ofanatural person, hshall besigned and sworn 1oby
such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; and
if by an unincorporated association, by the manager or managing officer thereof.
311.07 FEES.
Each application for a license under this article shall be accompanied by payment in full of the required
license fee. Upon rejection of any application for a license, the city shall refund the amount paid. No
other refunds shall bemade.
311.08 INELIGIBILITY FOR LICENSE.
Nnlicense shall heissued under this article 0othe following:
(1) An individual less than 18 years of age.
(2) An individual who has been convicted ofprostitution, sex trafficking, criminal sexual
conduct, orany other crime orviolation involving moral turpitude.
(3) Any other person whose application lists one or more individuals who have been
convicted ufprostitution, sextraf0cking,c/imina|sexua|cnnductoranyothercrimeor
violation involving moral turpitude.
(4) Any premises currently licensed in accordance with article XU| of this chapter o/
currently licensed to sell alcoholic beverages in accordance with chapter 401.
311.09 PROCESSING OFLICENSE APPLICATION; GRANTING 0RDENIAL CJFLICENSE.
(o) Business licenses. Applications for business licenses under this article shall be processed
as follows:
(1) Investigation and report. Complete applications shall be referred tuthe chief
of police for investigation and to such other city departments as the City Clerk
shall deem necessary for verification and investigation of the facts set forth in
the application. Within 15 business days of such referral, the chief of police and
other departments shall make awritten recommendation tothe City Clerk asto
issuance or non -issuance of the license. The City Clerk may order and conduct
such additional investigation ashedeems necessary.
(2) Determination by City Clerk. The City Clerk shall make the determination
whether to approve ordeny the license. Any denial shall be communicated to
the applicant inwriting, specifying the reasons for denial.
(b) Personal service licenses. Applications for personal service licenses shall be processed
as follows:
(1) Investigation. Complete applications shall be referred to the chief of police for
investigation and to such other departments as the City Clerk shall deem
necessary for verification and investigation of the facts set forth in the
application. Within 15 business days of such referral, the chief of police and
other departments shall make a written recommendation to the [by Clerk
regarding issuance of the license. The City Clerk may conduct or authorize such
additional investigation ashereasonably deems necessary.
(Z) Determination by City Clerk. Upon receipt of the written report and
recommendation by the chief of police and within 15 business days thereafter,
the City Clerk shall make the determination whether to approve or deny the
license. Any denial shall be communicated to the applicant in writing specifying
the reasons for denial. The applicant may appeal this denial in accordance with
the procedure specified insection 3O8.1O.
(3) Renewal. Complete applications for nenevvu| of licenses shall be submitted to the
City Clerk at least 30 days prior to the expiration of the license. The City Clerk's
determination regarding approval or denial of the license renewal shall be
communicated to the applicant in writing, specifying the reasons if the license is
denied. The applicant may appeal the denial in accordance with the procedure
specified insection 9UA.1O.
(c) Criteria for issuance. The City Clerk shall have the discretion to consider the following
ingranting, denying, renewing, o/declining torenew alicense:
(1) The character and suitability of the area in which the licensed premises is to be
located.
(2) The proximity of the site for the massage business to churches' schools,
playgrounds, parks or other community facilities that may be adversely affected.
(3) Numbers and proximity of existing massage businesses so as not to cause
excessive concentration inanarea.
(4) Traffic congestion and parking problems.
(5) False statements or representations, fraud, or deception in the license
application.
(6) History ofviolations oflaws orordinances that apply tohealth, safety, welfare or
moral turpitude.
(7) Evidence of reputation orcharacter ofapplicant, deemed by the City Clerk to
support a reasonable conclusion that applicant's operation of a business or
performance of licensee will not be consistent with the public health, safety,
and welfare, orthe requirement ofthis Code.
(8) Convictions of crimes or offenses involving sexual misconduct, prostitution, sex
trafficking, o/fraud.
(9) Inability to provide authorization towork in the U.S.
(10) Police report and/or law enforcement investigation deemed by the City Clerk to
contain a credible allegation of prostitution or criminal sexual misconduct.
(11) If, for a business license, the applicant or licensee has provided a copy of its sexual
harassment and sexual abuse/assault policy, which is deemed by the City Clerk,
to be fundamentally inadequate to prevent and protect against sexual assault and
abuse.
(12) Revocation or denial of similar licenses within the last five years.
(13) Any other matter deemed by the City Clerk to be relevant to protection of the
public's health, safety and welfare.
(d) Conditions.
(1) The City Clerk, in their sole discretion, may impose appropriate additional
terms, conditions and stipulations upon the business licensee or personal
service license holder before granting a license application or renewing a
license. An applicant has the ability to appeal any terms, conditions, or
stipulations on the grant of license in accordance with section 308.10.
(2) The city council, in its sole discretion, may impose appropriate additional terms,
conditions, and stipulations upon the licensee or personal service license
holder, if reinstating a license after revocation or suspension, consistent with
311.12
311.10 TERM OF LICENSE.
(a) All licenses issued pursuant to this article shall be valid for one year or part thereof and
shall expire on December 31. Complete renewal applications shall be filed with the City
Clerk by November 30. If a licensee does not apply for renewal by November 30 (i.e., a
month before the license's expiration), to allow the city the opportunity to process the
application prior to their current license's expiration, the licensee must apply for and
provide all information required of a new license application, including but not limited to,
a criminal background check.
(b) When a licensee makes application for renewal of a current license and pays the required
fee to the issuing authority on or before the termination date, the licensee is authorized
to operate until such time as the license is either renewed or denied.
311.11 TRANSFER OF LICENSE.
Each personal service license issued under this article shall be issued to the applicant only and
shall not be transferable to another holder. No business licensee shall loan, sell, give, or assign a license
to another person or location.
311.12 OPERATION OF BUSINESS; LICENSE CONDITIONS.
(a) No massage business shall employ or use any person as a massage therapist unless such
person is licensed for performing personal services by the city.
(b) Except with respect to health care facilities or providers, no customers or patrons shall
be allowed to enter or remain upon the licensed premises, nor shall any massage or
massage business be offered or conducted, after 10:00 p.m. and before 8:00 a.m. daily.
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The actual hours when a licensee chooses to conduct business must be on file with the
police department and city and be in accordance with the business hours designated on
their license application. These designated hours must be prominently displayed on the
interior and exterior of the licensed premises. No person may engage in the practice of
any service regulated by this chapter outside of those designated hours. Clientele may
be on the licensed premises for no more than 15 minutes before or afterthe designated
hours.
(c) Any person acting as a massage therapist in any massage business shall have their
license or true copy thereof displayed in a prominent place on the licensed premises.
(d) Each personal service licensee shall perform massage service only in an establishment
licensed pursuant to this article or an establishment exempted from a license underthis
article.
(e) No licensee shall discriminate on grounds ofrace, creed, color, sex, national origin, or
ancestry in performing services offered by the licensee.
(f) The person who is receiving the massage shall at all times have their anus and genitals
covered with anontnansparentcovering.
(g) The massage therapist shall wash their hands and arms with water and soap, anti-
bacterial scrubs, alcohol, or other disinfectants prior to and following each massage
service performed.
(h) Any massage therapist performing any massages shall at all times have their anus,
buttocks, breasts and genitals covered with anont/ansparentmaterial.
(i) Every employee ofany licensee shall at all times be covered as provided in subsection
(h) of this section.
(j) No personal service licensee shall solicit business in any public place orinany licensed
liquor establishment within the city. if business license or personal service license is
under suspension or revocation, the licensee or former licensee, as the case may be,
shall not solicit business or offer or agree to perform massage services, nor shall any
business licensee affected by a suspension or revocation of such license allow,
encourage, or direct any employee to solicit business or offer or agree to perform
massage services within the city.
(k) Where a reasonable basis is found by the City Clerk to impose other reasonable
restrictions upon a license, taking into consideration one o/ more of the facts or
circumstances set forth in section 311.12, the City Clerk may upon issuance or renewal
of a license impose such additional reasonable conditions and restrictions on the
manner and circumstances under which the licensed activity shall be conducted to
preserve the public peace and protect and promote the public's health, safety, welfare,
good order and security.
(|) The business licensee is responsible for the conduct of themselves, their business, and
their employees.
(m) The licensee shall engage in practices designed toensure cleanliness and health and
which are designed to resist anything detrimental to the public's health, safety or
welfare.
(n) No person, whether as a licensee or employee or agent thereof orotherwise, shall
engage oroffer to engage in any sexual activity or engage oroffer to engage in any
activity prohibited by statute, ordinance, regulation orrule, onthe licensed premises or
inconnection with amassage ormassage business.
(o) The licensee shall report any complaints of sexual misconduct or sexual assault made
by its patrons against its employees. The licensee shall take such action as required by
its sexual harassment and/orsexual assault policies on file with the city. In reportingto
the city, the licensee shall protect the identity of the complainant if the complainant is
the victim ofsexual assault o/abuse.
(p) No licensee shall knowingly permit on the licensed premises or in any room of the
licensed premises, or in any adjoining building directly or indirectly under his or her
control any violation of city ordinances or state or federal law.
(A) In order to inhibit illicit or illegal activity, including prostitution and human trafficking,
no licensee shall advertise massage services through any media that is classified for
adults only ortargeted toward sexually -oriented businesses, or use of any advertising
that refers to the massage services as appealing to or satisfying an erotic or prurient
interest, lust, sexual nrpassionate desire.
311'13 SUSPENSION 0FREVOCATION 0FLICENSE.
The city council may suspend or revoke a license issued under this article. Any suspension or
revocation of license shall be accomplished in accordance with the procedure specified in sections
308.09and 388.10. In addition, the council may, without any notice, suspend any license pending a
hearing on revocation for a period not exceeding 30 days, which suspension shall be communicated to
the licensee personally or by leaving the notification at the licensed premises with the person in charge
thereof. Any one of the following shall be grounds for suspension or revocation of a license:
(l) Failure of the licensed premises o/ personal licensee to comply with any of the
ordinances of the city, rules promulgated thereunder, or statutes of state. Added Space
(2) Control or possession by the owner, manager, lessee, o/any employee of the massage
business ofany alcoholic beverages or narcotic drugs orcontrolled substances on the
premises, possession of which is illegal as defined by state statutes or city ordinances.
(3) Conviction ofthe owner, manager, lessee, orany employee ofthe massage business of
a violation of any ordinance or state statute or any rule promulgated under either,
arising on the premises to which the license was granted under this article.
(4) Conviction of the owner, manager, lessee o/ any employee of the massage business of
prostitution or any other crime or violation involving moral turpitude, sex trafficking, or
sexual misconduct on the licensed premises.
(S) Police report and/or law enforcement investigation deemed by the City Clerk to contain
a credible allegation of prostitution, sex trafficking, or criminal sexual misconduct.
(6) Report of internal investigation by business licensee wherein a personal licensee is
suspended o/ terminated for credible allegations of prostitution o/ criminal sexual
conduct.
(7) Failure of business licensee to adopt' implement, or effectively utilize a sexual
harassment or sexual abuse/assault policy.
(Q) Failure to promptly notify the director of community development of any change in the
information or facts required to be submitted in connection with an application for
(9) Failure of the premises to comply with the health, safety and building regulations of the
city and state.
(10) Presence of the massage business being found to be detrimental to the health, safety
orwelfare ofthe citizens ofthe city.
(12) Evidence of a material variance' without prior approval of the City Clerk, in the actual
plan and design of the premises from the plan submitted pursuant to 311.14 o/ from
the original design ofthe premises when initially licensed.
(12) If license is revoked pursuant tothis section ,the licensee cannot apply for a new
license fora period ofone year after revocation.
311.14APPROVAL 0FPLANS AND SPECIFICATIONS FOR MASSAGE PARLORS AND SAUNAS.
All persons who hereafter construct, extensively remodel or convert buildings or facilities for
use as massage business shall conform and comply intheir construction, erection or alteration with
the requirements of this article. Plans and specifications for such layout, arrangement and plumbing
and construction materials of the sauna and massage areas, and location, size and type of equipment
and facilities, shall be filed by the owner in the building department. No construction' alteration, or
remodeling will occur without issuance of building permit
311'15 CONSTRUCTION AND MAINTENANCE 0FPREMISES USED FOR MASSAGE BUSINESS.
(a) Walls and other surfaces. All massage rooms, locker rooms, resi000msand bathrooms
used in connection with a massage business shall be constructed of smooth and easily
cleanable materials which are resistant to moisture, bacteria, mold or fungus growth.
The floor -to -wall and wall-to-wall joints shall be constructed to provide a sanitary cove
with minimum radius ofone inch.
(b) Restruoms. Restrooms shall be provided for each sex. Each /estroom shall be provided
with ventilation as required pursuant to the building code, a handvvashing sink
equipped with hot and cold running water under pressure, sanitary towels and a soap
dispenser. Waste shall beremoved from each restrooma1least daily.
(c) Maintenance andsanitation generally. Floors, walls and equipment in massage rooms,
restrooms and bathrooms used in connection with the massage business must be kept
in m state of good repair and sanitary at all times. Linens and other materials shall be
stored at least six inches off the floor. Sanitarytowels, washcloths, cleaning agents and
toilet tissue must bemade available for each customer.
(d) Paper/linen oequ/memments.A licensed therapeutic massage enterprise shall provide
single -service disposal paper or clean linens to cover the table, chair' furniture o/ area
on which the patron receives the massage; or in the alternative, if the table, chair or
furniture on which the patron receives the massage is made ofmaterial impervious to
moisture, such table, chair or furniture shall be properly sanitized after each massage.
(e) Massage rooms Doors on massage rooms shall not be locked or capable of being
locked. No locks, latches or other devices intended to secure a door so as to prevent its
being opened by any person from either side of the door with or without a key may be
present on any doors on massage rooms. All massage rooms shall be clearly identified
by signs. Massage rooms must be equipped with mechanical air ventilation or an
exhaust fan. A hot and cold water hand washing sink with soap and hand drying by
mechanical or disposable towel is required in the therapeutic massage area. Use of
public bathroom or janitor's sink is not allowed. One sink may serve multiple massage
therapy rooms inthe same therapeutic massage area.
UD License disp/ay. The business license and personal license of all massage therapists
employed by the business must be displayed atall times in an open and conspicuous
area ofthe premises which patrons can readily view.
311.16 GUEST REGISTRY AND INSPECTION REQUIREMENTS.
(a) The business licensee is required to retain aguest/customer registry at all times. The
guest registry shall include the guest's name and address, their arrival and departure
date and times, the amount collected and the method of payment. If a guest pays with
cash, they must present photographic identification, which the business must copy and
record the number and expiration date of the document. Failure of the business
licensee to maintain an up-to-dateguest/customer registry may result in suspension
or revocation under section 311]3. Upon demand by any police officer orthe [by
Clerk or their designee, the guest/customer registry must be made available for
inspection. If the business licensee does not voluntarily produce the guest/customer
registry, the business licensee is required to secure any written registry or electronic
registration system in the presence of the police officer, or the City Clerk or their
designee' in the manner directed by the police officer, or the City Clerk or their
designee. The business licensee must ensure that no one is able totamper with the
records until such time as a subpoena, warrant, or court order has been issued or
denied. Asubsequent refusal 10comply with an authorized subpoena, warrant, or
court order shall constitute oviolation ofthis section.
(b) During any hours in which any person is present on the licensed premises, all massage
businesses shall beopen tn inspection by county health and city building and license
inspectors, police officers, and the City Clerk or their designee. Failure to allow an
unimpeded inspection shall be a violation of this article. If the business licensee or the
manager or proprietor of the licensed premises does not voluntarily permit an
inspection of the premises, the business licensee or the manager or proprietor of the
licensed premises is required to secure the premises in the presence of the police
officer, or the City Clerk or their designee, in the manner directed by the police officer,
or the City Clerk ortheir designee. The business licensee must ensure that no one is
able to tamper with the records or items on the premises until such time as a
subpoena, warrant, or court order has been issued or denied. A subsequent refusal to
comply with an authorized subpoena, warrant, or court order shall constitute a
separate violation of this section.
(d Upon demand by any police officer, any person engaged in providing services in any
licensed premises shall provide their true legal name and correct address. The business
licensee is independently responsible for immediately providing the true legal name
and correct address of any person engaging in massage services on the licensed
premises.
311.18 INSURANCE
(a) Prior to the issuance of license under this chapter, the applicant shall submit proof tothe
City in the form of insurance policies or certificates of insurance acceptable to the City,and
issued by insurance companies authorized to do business in the state forthe following polices:
(1) Professional liability in the practice of massage for a minimum limit of $1,000,000.00.
(2) General liability for bodily injury and property damage liability with a minimum combined
single limit asfollows:
a. General Aggregate $2,800000.00
b. Each Occurrence $1'000000.00
(3) Workers' compensation and employers' liability as required by the state.
(b) Should any of the policies be canceled or not renewed before the expiration date thereof, the
issuing company shall mail 30days' written notice tothe city clerk, except such notice shall
beten days for nonpayment ofpremium.
(c) The insurance policies shall be written with an insurance company having a minimum 8eut's
Key Guide of A-Vil, or as approved by the city's insurance agent.
311.19 EXCEPTIONS.
(a) No business license shall be required for any premises where massage is offered as an
accessory use if it meets the following criteria as evidenced by affidavits and other
documents submitted toand reasonably acceptable tothe city:
(l) The principal activity ofthe business shall not bemassage.
(2) No more than 25 percent of the establishment's annual gross revenue shall be
derived from massage as shown by financial statements certified as being true
and correct byanindependent certified public accountant.
(a) Such statements shall be filed each year with the City Clerk by the
person who operates the business establishment.
(b) Such filing shall be made within 30 days of the end of the
establishment's fiscal year and shall be for the fiscal year just
completed.
(d The City Clerk may require additional ormore frequent financial filings
when deemed by him to be necessary todetermine compliance with
this section.
(3) All persons performing massage must possess avalid personal services license
issued bythe city.
(4) The rooms where massage is performed shall not have anexclusive entrance
from or exit to the exterior of the building in which the principal business is
located or to a public concourse or public lobby. Notwithstanding this
restriction, massage may be performed by a licensed individual at the residence
o/business ofthe person receiving the massage, but may not beperformed or
offered at any premises requiring a license pursuant to chapter 309 or chapter
401.
(5) All fees or other consideration derived from performing massage shall be
received by and be accounted for by the proprietor of the principal business,
(6) All individuals performing massage in connection with the business shall be
employees of the principal business or shall be independent contractors or agents
who perform massage pursuant to e written agreement with the owner of the
principal business.
(b) No business license shall berequired for anindividual who does not maintain abusiness
premises within the city and who performs massage solely at the residence or business
of the person receiving the massage. Such individuals, however, shall possess a valid
personal services license, shall not employ any individuals in connection with the
practice of massage, and shall not offeror perform massage at any premises requiring
alicense pursuant tochapter 309orchapter 4O1.
(c) All other provisions of this article and this Code shall apply except those which by their
nature cannot reasonably be applied tothe persons and premises exempted from a
business license.
311.190GSEGVEQ'
SECTION 2' EFFECTIVE DATE. This Ordinance shall take effect upon its passage and publication in the City's
official newspaper.
Passed and adopted bythe City Council ofthe City ofShorewood this �+`dayof W P2023.
� / ~" ~__alf ~
Sandie Thone, City Clerk