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Massage License Bylaw, B-18/2007
Includes amendments up to and including December 18, 2023
Page 1
BYLAW NO. B-18/2007
OF THE CITY OF AIRDRIE
IN THE PROVINCE OF ALBERTA
Being a bylaw to provide for the licensing and regulating of the business of massage.
WHEREAS under the authority and subject to the provisions of the Municipal Government
Act, Statutes of Alberta 2000, Chapter M-26 and amendments thereto, City Council may
pass bylaws respecting businesses, business activities, and persons engaged in business;
and
WHEREAS City Council may regulate or prohibit any business and provide for a system of
licenses, permits, or approvals; and
WHEREAS City Council deems it desirable to provide for the licensing of massage
businesses operating in Airdrie;
NOW THEREFORE the Municipal Council of the City of Airdrie in Council duly assembled
enacts as follows that:
PART I
GENERAL LICENSING PROVISIONS
SHORT TITLE
1.
This Bylaw may be cited as the "Massage License Bylaw."
INTERPRETATION
2.
In this Bylaw:
(a)
"applicant" means a person who
(i)
applies for a license or renewal of a license under this Bylaw, or
(ii)
appeals the refusal, revocation, or suspension of a license under
this Bylaw;
(b)
"business" and "massage business" means the carrying on of the
business of massage;
(c)
"carry on," "carrying on," "carried on," and "carries on" mean to conduct,
operate, perform, keep, hold, occupy, deal in, or use, for gain, whether as
principal or agent;
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(d)
"Chief Administrative Officer" means the person designated by Council as
its Chief Administrative Officer, or his designate;
(e)
"Chief License Inspector" means the Chief Administrative Officer or his
designate;
(f)
"City" means the City of Airdrie, a municipal corporation in the Province of
Alberta, and includes the area contained within the boundaries of the City
of Airdrie where the context requires;
(g)
"Planning" means the City business unit charged with deciding permit
applications for land use and development;
(h)
"dwelling unit" is as defined by the current City of Airdrie Land Use Bylaw;
(i)
"employee" means an individual employed to do work or provide a service
who is in receipt of or is entitled to remuneration for the work or service;
(j)
"employment affiliation" means the relationship which exists between a
person and a licensee at a massage centre when that person is employed
with, under contract to, or an agent of a licensee at a massage centre to
provide the service of massage;
(k)
"Land Use Bylaw" means the current City of Airdrie Land Use Bylaw;
(l)
"license," "licensed," and "licensing" mean a license or reference to a
license issued under this Bylaw;
(m)
"license fee" means those fees set out in the User Fees and Charges
Bylaw;1
(n)
"License Inspector" means an inspector appointed to assist in carrying out
the administration and enforcement of this Bylaw and includes the Chief
License Inspector, peace officers, police officers, and any person,
inspector, or City department whose consultation, approval, or certificate
is required under this Bylaw;
(o)
"licensee" means a person holding a valid and subsisting license under
this Bylaw;
(p)
"massage" means the physical external manipulation of the soft tissues of
the human body in a scientific and systematic manner by another natural
person for the purpose of therapy or relaxation;
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(q)
"massage practitioner" means any natural person who administers or
offers to administer a massage for a fee;
(r)
"massage centre" means any premises or part thereof where a massage
is performed or offered to the public for a fee, or where records of a
massage business are maintained, or where a member of the public may
arrange for a massage for a fee;
(s)
"massage office" means the premises where a natural person books
massage appointments and/or maintains the records of the massage
business at the premises, but performs the massage at a place other than
the premises
(t)
"non-resident" means a business which is carried on, in whole or in part,
within the City but neither maintains a permanent premises in the City nor
is listed on the tax assessment rolls;2
(u)
"person" means a natural person or a body corporate and includes a
partnership, a group of persons acting in concert, or an association unless
the context explicitly or by necessary implication otherwise requires;3
(v)
"premises" means a store, office, dwelling unit, warehouse, factory,
building, enclosure, or other place occupied or capable of being occupied
by any person for the purpose of a massage business.4
3.
The general licensing provisions of the Business License Bylaw No. B-52/2005
shall apply with all necessary modifications to this Bylaw and licenses issued
under this Bylaw.
LICENSE
4.
(1)
A person who carries on a massage business described in this Bylaw shall
have a valid and subsisting license.
(2)
A person who carries on a massage business at a massage centre shall
only enter into an employment affiliation with a licensed massage
practitioner.
(3)
The holder of a license for a massage office shall not have any employees
other than the licensee.
2 Bylaw No. B-01/2015
3 Bylaw No. B-01/2015
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(4)
Notwithstanding subsection (1), a license shall not be required under this
bylaw for a person who carries on an occupation which is limited solely to
pedicures, manicures, and facials.
LICENSE REQUIREMENTS
5.
(1)
An applicant shall apply for a license, in a form acceptable to the Chief
License Inspector, providing such information as the Chief License
Inspector may reasonably require, including the following:
(a)
a certificate, consultation, or approval required under Section 6 of
this Bylaw; and
(b)
the applicable license fee;
(2)
Every person who is required to obtain a license under this Bylaw must be
at least eighteen (18) years of age.
(3)
No person shall carry on as a massage practitioner without having a valid
and subsisting license issued by the License Inspector, pursuant to the
provisions of this Bylaw.5
(4)
An applicant or licensee shall not provide to a License Inspector false or
misleading information or information intended to mislead with regard to
any matter or thing arising in connection with the licensing of a massage
business or person.6
(5)
Every application for a license to carry on as a massage practitioner shall
be made to the Chief License Inspector and shall include the following
information:7
(a)
The full name, date of birth, residential address, and telephone
number of the applicant;
(b)
Two (2) forms of identification, one of which must be government-
issued picture identification;
(c)
(i) An original certificate of proficiency, demonstrating that the
applicant has completed a minimum of two hundred fifty (250)
hours' training in massage from a recognized school or institute
(a list of which is maintained by the Chief License Inspector); or
5 Bylaw No. B-01/2015
6 Bylaw No. B-01/2015
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(ii) Proof acceptable to the Chief License Inspector demonstrating
that the applicant has achieved the equivalent of the two
hundred (250) hours' training in massage as determined by a
recognized school or association as defined in Schedule B
which will update annually; and
(d)
Such other information as the Chief License Inspector may
reasonably require.
CONSULTATIONS AND APPROVALS
6.
(1) The applicant is solely responsible for ensuring that all municipal, provincial,
and/or federal approvals (which approvals may include but are not limited to
the Medical Health Officer, Fire, Police, and Building Inspector) that are
required for the carrying out of any business, trade, or occupation have been
received prior to application for a license and are maintained in good
standing throughout the duration of the term of the license and any renewal
thereof.
(2) For the purpose of a license renewal, where Planning has previously
confirmed that all necessary approvals required under the Land Use Bylaw
have been obtained and
(a)
there has not been a change in the business ownership since
Planning gave the approval;
(b)
the license has not been previously suspended or revoked; and
(c)
the business has been carried on continuously at the same
premises and in the same manner;
the Chief License Inspector may renew the license without requiring any
further confirmation from Planning.
INSPECTIONS
7.
(1)
A person who a License Inspector reasonably believes is carrying on a
business requiring a license under this Bylaw, or is an applicant, shall
(a)
permit and assist in all inspections requested by a License
Inspector;
(b)
furnish to a License Inspector all identification or information
required and copies of anything related to the inspection or
licensing requirement; and
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(c)
not provide to a License Inspector false or misleading information
or information intended to mislead with regard to any matter or
thing arising in connection with the licensing of the business.
(2)
No person shall attempt to prevent, obstruct or hinder a License Inspector
from making an inspection authorized by this Bylaw.
(3)
During an inspection authorized under this section, a License Inspector
may examine any business record or document and remove a record or
document from a premises for the purpose of copying it.
(4)
A record or document removed from a premises by a License Inspector
under subsection (4) shall be returned to the business within two (2)
business days of its removal.
PROOF OF BUSINESS
8.
(1)
Proof of one transaction of massage or an offer to administer a massage
is sufficient to establish that a massage business is being carried on.
(2)
Any advertising of the business referred to in this Bylaw is sufficient to
establish that the person advertising is carrying on a massage business.
REFUSAL, REVOCATION, SUSPENSION
9.
(1)
The Chief License Inspector may,
(a)
convene a hearing with City Council to determine whether there are
just and reasonable grounds for the refusal of an application,
revocation, or suspension of a license; or
(b)
suspend a license prior to convening a hearing to determine
whether there are just and reasonable grounds for the suspension
or revocation of a license where, in the sole discretion of the Chief
License Inspector, the safety, health, and welfare of the public may
be at risk if the license is not suspended immediately.
(2)
Where any certificate, authority, license, or other document of qualification
under this or any other Bylaw or under any statute of Canada or the
Province of Alberta is suspended, cancelled, terminated, or surrendered,
then any license issued under this Bylaw based in whole or in part on the
certificate, authority, license, or other document of qualification shall be
automatically suspended or revoked.
(3)
A suspension of a license under this section may be
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(a)
for period of time not exceeding the unexpired term of the license;
or
(b)
where the suspension is for non-compliance with a Bylaw, until the
holder of the suspended license complies with that Bylaw.
(4)
A license may be revoked or suspended for non-compliance with any law
notwithstanding that the holder of the license has not been prosecuted for
contravention of that law where the Chief License Inspector has
reasonable grounds to believe that the licensee poses danger to the
safety, health, and welfare of people or the protection of property.
(5)
Upon a license application being refused or a license being revoked or
suspended, the Chief License Inspector shall notify the applicant or
licensee of the refusal, revocation, or suspension and the reasons for it:
(a)
by delivering notice to the applicant or licensee personally; or
(b)
by delivering notice by single registered mail to the applicant's or
licensee's most recent premises or residence as shown on the
license or application.
(6)
Subject to Section 10, after the delivery of the notice
(a)
the business shall not be carried on until such time as a license is
issued or the suspended license is reinstated; and
(b)
the license shall be given upon request to a License Inspector or
returned immediately to the Chief License Inspector; or,
(c)
where the license was suspended or revoked under subsection (2),
the licensee furnishes the Chief License Inspector with satisfactory
proof of renewal or reissuance of any certificate, authority, license,
or other document of qualification referred to in subsection (2).
(7)
Where the Chief License Inspector has suspended or revoked a license
pursuant to this Bylaw then, unless such suspension or revocation is
overturned in whole by City Council, the licensee shall pay a reinstatement
license fee as a condition of any reinstatement upon the conclusion of a
suspension for a fixed term, and prior to receiving a license if the licensee
applies for a new license.8
(8)
A reinstatement license fee is not refundable.9
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APPEAL
10.
(1)
In every case where an application for a license has been refused, a
license has been authorized subject to conditions, or where a license has
been revoked, the person seeking the license shall be entitled to appeal to
City Council; and City Council shall be the judge of whether the refusal of
a license or conditions attached thereto was just and reasonable.
(2)
Every such appeal shall be made in writing within thirty (30) days after a
license has been refused or revoked; otherwise, the right of appeal shall
be barred and extinguished.
(3)
The application to appeal must be made within thirty (30) days.
LICENSE FEES
11.
(1)
An application for a license will not be considered unless and until the
applicant pays any applicable fees, including license fees and fees for
inspections.
(2)
Fees paid by an applicant pursuant to this section are not refundable.
LICENSE IDENTIFICATION
12.
(1)
A license shall be issued by the City on a form bearing the identification of
the City.
(2)
A license shall bear on its face the date on which it is issued and the date
on which the license will expire.
(3)
The holder of a massage practitioner's license under this Bylaw shall be
issued an identification card bearing the photograph, name of the holder,
and its expiry date.
(4)
A licensee who holds a license which applies to a specific premises shall
keep it posted in public view in the premises.
(5)
A licensee who does not carry on business at specific premises shall carry
or have immediately available the license and shall, upon request,
immediately produce the license to a License Inspector or any person with
whom they are carrying on business.
(6)
No person shall reproduce, alter, or deface a license.
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(7)
A licensee may obtain a replacement license for a license that has been
lost or destroyed by paying to the City the replacement license fee.10
TERM, TRANSFER, AND EXPIRY OF LICENSES
13.
(1)
A license is not transferable from one person to another.
(2)
A license issued to a massage practitioner pursuant to this bylaw shall
expire at midnight on December 31st of the year stated on the license,
unless earlier revoked or suspended by the License Inspector during that
year, or surrendered by the Licensee.
PART II
RESPONSIBILITY OF LICENSEE
GENERAL
14.
(1) (a)
The holder of a license for a massage centre shall be responsible
for the act or acts of its employees or persons having an
employment affiliation with the licensee in the carrying on of the
business in the same manner and to the same extent as though the
act or acts were done by the licensee.
(b)
When the information required to be provided to the Chief License
Inspector becomes inaccurate, updated and accurate information
shall be promptly provided by the licensee to the Chief License
Inspector.
EMPLOYEE LISTS
(2)
Every person carrying on a massage centre shall keep on the premises an
accurate and current list of all persons employed in the massage centre
including all massage practitioners with an employment affiliation to the
massage centre, and the record shall contain the following information:
(a)
The true full name of each employee and any alias and common
nickname by which that person is known or uses for advertising
purposes;
(b)
The birth date of the employee;
(c)
The residential address and telephone number of each employee;
(d)
The job title of the employee; and
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(e)
The business license number as it appears on the business license
of each massage practitioner.
EMPLOYMENT AFFILIATION
(3)
A massage practitioner may have more than one employment affiliation.
ADVERTISING
(4) (a)
No person shall advertise or arrange for any form of advertising that
suggests to the prospective client that the service of massage may
be provided without a license under this Bylaw.
(b)
Deleted.11
(c)
No licensee shall arrange for the distribution, publication, or posting
of any advertisement that describes or depicts any portion of the
human body that would reasonably suggest to prospective clients
that any service is available other than a massage.
RESTRICTED ACTIVITIES
(5) (a)
No licensee under this bylaw shall permit any person to perform or
contract to perform a massage without a license under this Bylaw.
(b)
Notwithstanding subsection (a), any school offering a provincially
licensed program in massage may, as part of that program, allow a
registered student to observe and perform a massage in the
presence of an instructor.
PART III
OFFENCES AND PENALTIES
GENERAL PENALTY PROVISION
15.
(1)
Any person who contravenes any provision of this Bylaw by
(a)
doing any act or thing which the person is prohibited from doing, or
(b)
failing to do any act or thing the person is required to do
is guilty of an offence.
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(2)
Any person who is convicted of an offence pursuant to subsection (1) is
liable on summary conviction to a fine not exceeding ten thousand
($10,000.00) dollars, and in default of payment of any fine imposed, to a
period of imprisonment not exceeding six (6) months.
MINIMUM PENALTIES AND SUBSEQUENT OFFENCES
16.
(1)
The minimum penalty that may be imposed in respect of a violation of any
provision of this Bylaw is five hundred ($500.00) dollars
VIOLATION TICKET AND SPECIFIED PENALTIES
17.
(1)
Where a License Inspector reasonably believes that a person has
contravened any provision of this Bylaw, the License Inspector may direct
a Bylaw or Peace Officer to commence proceedings against the person by
issuing a violation ticket pursuant to Part 2 of the Provincial Offences
Procedure Act, allowing for the voluntary payment in the amount of the
specified penalty as provided in this Bylaw in respect of the said offence.
(2)
The specified penalty payable in respect of a violation of any provision of
this Bylaw shall be five hundred ($500.00) dollars.
SEVERABILITY
18.
Each provision of this Bylaw is independent of all other provisions. If any
provision is declared invalid for any reason by a Court of competent jurisdiction,
all other provisions of this Bylaw shall remain valid and enforceable.
PART IV
MISCELLANEOUS
SCHEDULE
19.
The documents attached to this Bylaw marked as Schedule "B" shall form part of
this Bylaw.12
REPEAL
20.
(1)
Bylaw No. 34/90, the Massage Practitioners Bylaw, is hereby repealed.
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COMMENCEMENT OF BYLAW
21.
This Bylaw comes into full force and effect as of March 31, 2008.13
Read a first time this 7
th day of May, 2007.
Read a second time this 7
th day of May, 2007.
Read a third time this 7
th day of May, 2007.
Executed this 5th day of December, 2007.
"L. Bruce"
_______________________
MAYOR
"S. Pollyck"
_______________________
CITY CLERK
Consolidated on _________________
_______________________________
Charlotte Satink, City Clerk
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SCHEDULE "A" - Deleted 14
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Schedule (B)