§ 605.41. Exceptions.

Subdivision 1. Criteria. This ordinance does not apply to bona fide health/sports establishments which meet the following criteria:

(a)

The establishment has conducted business in the City for one (1) year and is in good repute.

(b)

The primary purpose of the establishment is health and fitness; massage service is subsidiary.

(c)

No more than 20 percent of the establishment revenue is derived from massage.

(d)

The financial records of the establishment are at all times available to the City for inspection.

(e)

The establishment has an ongoing membership list of which is available to City officials for inspection at any time.

Subd. 2. Fee waived. Establishments which meet the above provisions shall not be required to pay the annual license fee or investigation fee, unless specifically ordered by the City Council. Masseurs and masseuses employed by such establishments are not required to be certified under this section.

Subd. 3. Additional exceptions. In addition, this section does not apply to nor include:

(a)

Bona fide legal, medical, psychiatric, psychological, family or marriage counseling services by a person, persons or businesses appropriately licensed by the State of Minnesota or by local units of government or any other appropriate licensing authority;

(b)

Bona fide financial counseling services or bona fide educational institutions completely complying with State and local regulations or the regulation of any licensing authorities;

(c)

Bona fide non-profit organizations or institutions, including those organized in compliance with section 501(c)(3) of the Internal Revenue Code of 1986, or to seminars, panel discussions or group classes sponsored by such bona fide non-profit organizations or institutions.