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I I I Council Meeting Minutes October 24, 1995 Page 7 Council Business. continued The third amendment would allow massage in bona fide health clubs as an accessory use in clubs having a capital investment of at least $250,000 and $20,000 in exercise equipment. It would require massage be done in open public areas which are not restricted by sex or not limited to adults, and all clients or customers are fully clothed. This amendment would allow massage at the Family Service Center. Fulton said staff and the City Attorney researched each issue, but the amendment's intent is to consider this service in manicurist shops because of the applicant request. Samuelson suggested the wording therapeutic massage be added to the ordinance. City Attorney Charlie LeFevere stated it would be difficult to determine if a certain type of massage is therapeutic. The amendments were written so to distinguish a legitimate business use and the wording includes references to capital investments. The intent of the cosmetology salon permitted use is to provide the applicant the opportunity. Nancy Higgins, massage therapist, feels the ordinance should include extensive educational requirements outlined by a national therapeutic massage organization. These guidelines distinguish the difference between a therapeutic massage and a generic massage. LeFevere does not disagree that education is important to perform the service, however, the State does not license individuals according to that national organization's requirements. Higgins said there are many persons who call themselves massage therapists, but do not have the extensive education. Her clients fill out health forms to determine whether a person is medically capable to receive the service. Benke questioned how could the City legally enforce and acknowledge these industry standards. Currently, Higgins cannot practice in the City because she does not work tor a business outlined in the ordinance, but she wants to start a practice sometime in the future. She objects to the police investigation process involved in the licensure. Benke stated that the investigation requirements are another matter and is not being addressed in these amendments. Gunderman questioned the urgency to approve these amendments. Fulton said delaying the amendments could possibly affect the applicant's business. Benke suggested that Council could approve the primary use list to include cosmetology salon.'l and addressed the other amendments later. Fulton explained that the current ordinance addresses such issues as the primary use, capital investments, and zoning requirements LeFevere stated that no escort service, massage parlor, rap parlor, or sauna parlor operation shall be located within 600 ft. of a residentially zoned district, a church, a nursery, elementary, junior high or high school or establishment frequented by juveniles. Benke requested staff research user-friendly licensing requirements, zoning issues, and other requirements to protect public interest. He would approve the amendment to incorporate the cosmetology salon requirement. Fulton agreed that there is no time issue associated with the zoning amendment or the health club amendment. Samuelson added the word feet to Section 15-183. Larson questioned if other modifications to this section is needed. Benke said the ordinance lists body areas which apply solely to massaging. LeFevere verified the Benke motion would apply to cosmetology salons. Council Business Massage Ordinance Amendments Report 95-198 Ordinance 616