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HomeMy WebLinkAbout2.c. Massage OrdinanceCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR DISCUSSION COMMITTEE OF THE WHOLE JUNE 12, 2000 AGENDA ITEM: MASSAGE ORDINANCE AGENDA NO. PREPARED BY: THOMAS D. BURT, CITY ADMINISTRATOR 2. C. ATTACHMENTS: Ordinance Amendment, Currant City Code City Attorney LeFevere researched and revised the currant City Code to modernize it and bring it up to acceptable standards for today. Staff recommends its approval. MENDED ACTION NOTES: CITY OF ROSEMOUNT ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 3, CHAPTER 2, ARTICLE B, CONCERNING SAUNAS AND MASSAGE PARLORS THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, A04NESOTA ORDAINS AS FOLLOWS: Section 1 . Rosemount City Code, Section 3 -2B -2 Definitions, is amended by deleting the term "MASSEUR and MASSUSE" and replacing it with the following: MASSAGE THERAPIST A person who practices massage. The practice of massage is distinct from the practice of medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry and persons duly licensed or registered in this State to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, nurses who work solely under the direction of any such persons, athletic directors and 'trainers are expressly excluded from the provisions of this Article. Duly licensed beauty culturists and barbers who do not provide, or hold themselves out to provide, massage or massage services, as defined herein, other t1m . is customarily given in such shops or places of business, for the purposes of beautification only, are also excluded from these provisions. Section 2 . Rosemount City Code, Section 3 -2B -2 Definitions, is amended by replacing the definition of the term "RECOGNIZED SCHOOL" with the following: Any school or institution of learning which: a) teaches the theory and method of massage, including Swedish, Esalen, Shiatsu, and/or Foot Reflexology techniques, anatomy instruction such as skeletal and muscular structure and organ location, and hygene; b) requires a resident course of study of not less than one hundred (100) hours before a student shall be furnished with a diploma or certificate of graduation from a massage program, and; c) has been licensed by the State of Minnesota or is accredited by the International Massage and Somatic Therapies Accreditation Council (IMSTAC), the Commission on Massage Therapy Accreditation (COMTA), or a comparable national or regional organization that evaluates program compliance with quality and competency standards through a process of periodic review and self -study S ection 3. Rosemount City Code, Section 3 -2B -3, paragraph BA.d., is amended to read as follows: Has not received a diploma or certificate of graduation from a recognized school demonstrating completion of a massage program. Section 4 . Rosemount City Code, Section 3 -2B -4, is amended by the addition of new paragraph A.3. which reads as follows: RiV- 178347v1 RS21sa Licensee Insurance. All business and personal service licensees shall maintain current insurance coverage of at least one million dollars ($1,000,000) for professional liability in the practice of massage. Section 5 . Rosemount City Code, Section 3 -2B -4, paragraph B.12, is amended to read as follows: Only a licensed massage therapist shall be permitted to massage customers. Section b . Rosemount City Code, Section 3 -2B -4, paragraph B.14, is amended to read as follows: Massage therapists shall ensure that customers' genitals and the breasts of female customers remain covered during massages. Massage therapists shall remain fully clothed while practicing massage. Section 7 . Rosemount City Code, Section 3 -2B -4, paragraph B.15, is amended to read as follows: Massage therapists shall not touch or massage the genitals of a customer or the breasts of a female customer or so massage the customer as to cause sexual arousal. Massages shall not be administered on a call -out basis. Massages shall be given solely within the licensed establishment. Section 8 . Rosemount City Code, Section 3 -2B -6, is amended to read as follows: MASSAGE THERAPISTS; REGISTRATION: A. All licensed sauna and/or massage parlors shall furnish the Police Department with a list of current employees, indicating the names, addresses and which employees are practicing massage as part of their duties. The licensee shall promptly notify the Police Department of any change in the list. B. No licensed sauna and/or massage parlors shall be open for business unless and until any massage therapists employed in the business have first complied with the registration requirements of this Article. Massage therapists employed in any such business shall display a registration certificate in a prominent place on the licensed premises. Section 9 . This ordinance shall be effective the day following its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this day of . 2000. CITY OF ROSEMOUNT Cathy Busho, Mayor RJV- 178347v1 RS215 -1 ATTEST: Linda Jentink, City Clerk Published in the Rosemount Town Pages this day of RJV- 178347v1 RS215 -1 2000. 3 -26 -1 >3 -213-2 CHAPTER1 ENTERTAINMENTS, SERVICES ARTICLE B. SAUNAS _AND MASSAGE PARLORS SECTION: 3 -213-1: 3 -213-2: 3 -213-3: 3 -213-4: 3 -213-5: 3 -213-6: 3 -213-7: Purpose Definitions License Provisions, Fees Licensee Responsibility, Conditions of License Minors Restricted Masseurs and Masseuses; Registration Violations, Suspension, Revocation; Penalties 3- 213-1: PURPOSE: The purpose of this Article is to regulate, protect and promote the public health, safety and general welfare of the people of the City by regulating the operation and licensing of saunas and massage parlors in the City. 3- 213--2: DEFINITIONS: As used in this Article, the terms defined in this Section shall have the following meanings ascribed to them: MASSAGE The method of treating the superficial parts of the human body by rubbing, pressing, stroking, kneading, tapping, pounding, vibrating or stimulating with the hands or any instrument, for the exclusive purposes of relaxing, physical fitness - , or beautification, and for no other purposes. MASSAGE Any establishment or place providing to the public PARLOR at large massage services, other than a hospital, sanatorium, rest home, nursing home, boarding home or other institution for the hospitalization or care of human beings duly licensed under the provisions of Minnesota Statutes, section 144.69. 3 --2A -1 3 -2A -2 ' CHAPTER 2 ENTERTAINMENTS, SERVICES ARTICLE A. SHOOTING RANGE SECTION: 3 -2A -1: Licensing Pro 'signs, Fees 3 -2A -2: Violation, Rev ation 3 -2A -1: LICENSING PR VISIONS, EIES: A. Required, Fee: All owners f rifler nges, trap ranges and target ranges at anyplace within the Cit shall from and after the enactment of this Chapter, be- required to pa a it ense fee to the City in the amount of fifty dollars ($50.00) for a rm' to operate such ranges. . B. Operation: Such ranges sh I e operated so as to result in maximum safety to the residents and roperty of the City and the owners and operators of such ranges all comply with all regulations for such ranges that the City may h r after enact. C. Insurance: As a conditio of aid license, liability insurance on said operation may be requir d. 3 -2A -2: VIOLATION, EVOCA ION: A. Violation of any of he terms of such regulations shall constitute a violation of this C aper and be ause for revocation'-of the license granted .under the erms of this Ch 'pter. B. Any person who shall violate any ovisions of this Chapter shall be deemed guilty of a misdemeanor and shall be punished by a fine of not to exceed five h ndred dollars ($500. ), or imprisonment in the County jail for not mor than ninety (90) day or both, for each offense. Each day of viola i shall be considered separate offense. (Ord. XIV.6, 10 -4 -77) 1. Firearms regulations are contained in Tide 7. Chapter 5 of this Code. 3 -2B -2 3--2B -2 MASSAGE A business offering or providing massages to a fee is charged and whether or not - SERVICES others where are rendered at the licensed the massage services location. MASSEUR and. A male person and a female person, respectively, is MASSEUSE who practices massage. The practice of massage from the practice of medicine, surgery, distinct osteopathy, chiropractic, physical therapy or podiatry and persons duty licensed or registered in this State to practice medicine, surgery, osteopathy, chiropractic, physical therapy or who work solely under the podiatry, nurses direction of any such persons, athletic directors and trainers are expressly excluded from the of this Article. Beauty culturists and provisions barbers who do not give, or hold themselves out to give, massage treatments, as defined herein, other given in such shops or places of than is customarily business, for the purposes of beautification only; _ are also excluded from these provisions. OPERATE To own, manage or conduct. (Ord. XVI.8, 2- 17 -76) RECOGNIZED Any school or institution of learning which has for the teaching of theory, method, SCHOOL its purpose .the profession - or work of massage, which school a resident course of study not less than requires one hundred (100) hours before the student shall be furnished with a diploma or certificate of from such school and which school has graduation been licensed by the State of Minnesota or the in which such school is located. (Ord. XVI.9a, state 7- 20 -76) SANITARY Free from the vegetative cells of pathogenic micro- organisms. A steam bath or heating bath room used for the SAUNA purpose of bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing - - agent. WITHIN THE Physical presence as well as telephone referral situations, such as a "phone -a- message" type CITY operation, in which the business premises, actually located within the -City, although not employees serves as point fro v thin the requests for services from .respond q City. 3 -213-3 -3 -213 -3: LICENSE PROVISIONS, FEES: -A• License Required: - 3- 213--.3 Business Licenses. No person shall engage in a business .a part of which is a sauna or massage parlor, without being business. nsed as provided in'this Article. A license shall be required for each place o business within the City. f 2. Personal Service Licenses. No person shall perform massa a servi within the City without being licensed as provided in this Art cle. ces B. Application; Eligibility: 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: 1. Business Licenses. a. Whether the applicant is a natural person, a corporation a ;- partnership or other form of organization. b. If the applicant is a natural person: (1) The true name, place and date of birth, and street residence address and phone number of the applicant. (2) Whether the applicant is a citizen of the United States. (3) Whether the applicant has ever used or has been known b a name other than his true name; and if so, what was such name or na and information concerning dates and places where used. (4) 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 case, a copy of the certification as required by Minnesota Statutes, chapter 333, certified by the Clerk of the District Court, shall be attached to the application. (5) The street addresses at which applicant has lived durin the preceding five (5) years. 9 (6) The kind, name and location of every business or occupation the applicant has been engaged in during the preceding five (5) years. (7) The names and addresses of applicant's employers) and partner(s), if any, for the preceding five (5) years. r i f 3-213-3 3 -213 -3 gib) (8) Whether the applicant has ever been convicted of any felony, 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 of the applicant. (10) Whether the applicant has any training or experience in performing massage or escort services. C. If the applicant is a partnership: (1) The names and addresses of all partners and all information concerning each partner as is required of an individual applicant. (2) The name of the managing partner(s) and the interest of each partner in the business. (3) A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name under the provisions of Minnesota Statutes, chapter 333, a copy of such certificate, certified by the Clerk of the District Court, shall also be attached. d. If the applicant is a corporation or other organization: (1) The name, and if incorporated, the state of incorporation. (2) A true copy of the certification of incorporation, articles of incorporation or association agreement, and bylaws shall be attached to the application. if a foreign corporation, a certificate of authority, as described in Minnesota Statutes, chapter 303, shall also be attached. (3) The name of the manager or proprietor or other agent in charge of the business to be licensed and all information concerning said person(s) as is required of an individual applicant. (4) :A list of all parties who control w anan interest n o i e w of f five percent (5 %) in such corpora l on 9 officers of the . corporation or organization and all ho a information- concerning said person(s) as is required of an individual applicant. e. Whether the applicant is licensed in other communities;_ and if so, where_ f. The names of those individuals to be licensed and working for the applicant who may work in the City. 3 -2B -3 3 -2B -3 - B i) 9. Whether the applicant has previously been denied license. enied a massage h. The names, residences and business addresses of thre residents of the county in which the applicant resides, of o e (3) character, not related to the applicant or financially intere Premises or business, who may be refer 9 od moral and /or manager's character. red to as to the applicant's 2. Personal Service Licenses, All the information required for business licenses, with the exception of the location, shall be required of applicants for a personal service license. All persons engaging in such work shall submit, before the ra ' license, to being fingerprinted and photograph Fin er nbng of a ed. photographs shall be kept on file at the Police Department _pants and 3. False Information. Any falsification of information on the license application shall result in the denial of said license. (Ord. XV1.8, 2 -17 -76 4. Persons Ineligible for a License. No license shall be iss applicant who is an individual and who: ued to an a. Is under eighteen (18) years of age. b. Is an alien. c. Has been convicted of any crime or crimes directly relating to the occupation of massage services, as defined by Minnesota Statutes section 364.03, subsection 2, and has not shown competent evidence sufficient rehabilitation, as defined by Minnesota Statutes s of 364.03, subsection 3. ection d. Has not received a diploma or certificate of graduation from recognized school. (Ord. XVI.9a, 7.20-76) a C. Execution of Application: All applications for license whether or personal service, shall be signed and sworn to. If the aPlication i that of a natural person, it shall be signed and sworn to by such person; if by a .corporation, by an .officer thereof; if P • s = partners; and if by an unincorporated associatpon,nbership, by aP of the managing officer thereof. (Ord. XVI.8, 2- 17 -76) Y the manager or D. Fees: 1. License Fees. Each application for a license shall be accompanied payment in full of the required license fee. The fee for personl al license shall be three hundred dollars ($300.x) and for a business. e license it shall be two thousand five hundred dollars ($2,500.00 Upon- rejection of any application for a license, the C' )• Upon ! amount paid. No other refunds shall be made. shad refund the I 3 -2B -3 D) 3 -26 -3 - 2. Investigation Fees. At the time of each original application for a bupiness license, there shall be paid in full an investigation fee of five hundred dollars (5500.00). A renewal investigation fee of two hundred fifty dollars ($250.00) shall be paid at the time the renewal application is submitted. No investigation fee shall be refunded. (Ord. XVI.14, - 10- 18 -77) Granting Licenses: 1. Business Licenses. a. All applications shall be referred to the Chief of Police, Building Official 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. The Chief of Police and other consultants shall make a written recommendation to the City Council as to issuance or nonissuance of the license. The City Council may order and conduct such additional investigation as it deems necessary. b. Upon receipt of the written report and recommendation by the Chief of Police and within twenty (20) days thereafter, the City Council shall publish in the official newspaper, notice of a hearing to be held by the City Council. The notice shall be published at least ten (10) days in advance of the hearing, and it shall set forth the day, time and place when the hearing will be held; the name of the applicant; the premises where the business is .to be conducted; the nature of the business; and such other information . as the n c the y direct. Counc license, other than a renewal, shall not be approved prior to the next regular meeting of the Council following such hearing. c. Not less than ten (10) days applications, no t h e City Council Council shalt after the date for submitting renews and hold a public hearing. Notice l non shall be considered shall be pubs the fact that a renewal app hod in the official newspaper ten (10)o days o advance of the d for or against the Opportunity shall be given to any he person Council. granting of a renewal license by y ions shl b referred to the 2. Personal Service Licenses. A iate the fcts set forth in the All s ae Police Department, which shat 9 application -and shall -make a written report thereon at the earliest practicable .time. If the Police Departmen `ove a censeslf t etPol'ce person be licensed, the City Council shall app Department makes a recommendation that the license not be issued, the applicant, upon .request, evidence to prove the license should be ss ed Council and may offer ev G. 3 -2B -3 E') 3 -2B -4 3. Renewal. A renewal application shall be made in the manner as provided for the original application, with the` exclusion of fingerprints and photographs. Applications for renewal shall be submitted the . Clerk's office no later than two (2) months prior to the renewal date. Duration of License: 1. All licenses issued pursuant to his Article shall be effecti year from the date of approval. _ ve for one 2. When a licensee makes application for renewal of a current and pays the required fee to the C" license date, the licensee is authorized t City until such time rmi the Council acts upon this renewal application and the license is ei h renewed or denied. F. 3. Any existing business or individual engaged in personal service on the effective date .hereof for which licenses are required shall have fifteen (15) days in which to file an application for a license. Upon t filing of such application and all the information required by this Article e the applicant may continue to operate until such time as the City Council acts upon the application. (Ord. XV1.8, 2_17_76) Transfer: 1. There shall be no more than one sauna license in existence at any time within the City. 2. Each license shall be issued to the applicant only and shall not transferable to another holder. No rcensee shall loan, sell, give or assi a license to another person. (Ord. XV1.9a, 7-20_ 9 3 -2B -4: LICENSEE RESPONSIBILITY, CONDITIONS OF LICENSE. A. General Conditions: 1. Business License. No business licensee shall solicit business or offer or agree to perform massage services, nor shall his /her employee(s) solicit business or offer or agree to perform massage services, within City while under suspension or revocation by the City Council. the _ 2. Personal Service License: Each personal servi subject to the f ce licensee shall ollowing conditions: be a. The licensee shall carry, and display upon request, his /her license while within the City. 3 -2B -4 3 -2B -4 A2) b. No licensee shall perform or offer to perform massage services within the City while under suspension or revocation by the City Council. c. No person shall solicit .business in any public place or in any licensed liquor establishment within the City. B. Restrictions and Regulations: 1. Licenses may be granted only in the appropriate zone to be determined by the City Council and the laws and ordinances of the City. 2. Licenses shall be granted only to establishments which can meet the safety and sanitary requirements of the City Council and of the Building Code regulations of the City. 3. It shall be grounds for denial to the license applicant if there is any fraud or deception involved in the license application. 4. It shall be grounds for denial of the application if the applicant or persons in his employ are not complying with or have a history of violations of the laws and ordinances that apply to health, safety or moral turpitude. 5. A license shall not be granted to a person of bad repute or to a partnership or corporation which has in-its employ or is owned by any persons of bad repute. 6. Such establishments shall provide adequate refuse receptacles which shall be emptied as required. 7. It shall be grounds for rescinding a license granted to any person, partnership or corporation under this Article if they fail to comply with any of the ordinances of the City or Statutes of the State. 8. It shall be grounds for rescinding a license granted to any person under this Article if the owner, manager, lessee or any of the employees are found to be in control or possession of any alcoholic beverages or narcotic drugs or controlled substances on the premises, possession of which is illegal as defined by Minnesota Statutes. 9. It shall be grounds for the rescinding of a license if the - owner, manager, lessee or any of the employees are convicted of any ordinance or State Statute violation arising within the business establishment to which the license was granted under this Article. 10. It shall be grounds for rescinding any license granted under this Article if the premises do not comply with the health, safety and building regulations of the City. 1. 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'saouelswno113 pue s1oel 6u! y1 spu 1eo!ldde ay1 punojjns ay1 jo Ile pue uo! uo paseq 'A asuaO!F 841 �(uaP o1 1y6u ay1 san�asa.1 I!ouno:) A1!3 ayl '9L 'Pio) 'luewys!Igeisa pasuao!1 eyi u!y1!nn �(i a os uan!6 a (9L 'e6 *lAX •s!seq 1110 -Ileo a uo paaals!urw e a I q Iie4s sa6esseiN JO iseaig alewGJ a P q 1ou geys sa6esselN •eioa�e = y1 a6essew Jo yonol to jewolsno elewal ,10 alew e 10 slel!u96 9 41 a6essew jo yonol lou Ileyssasnessew pue sinesseW '9l palanoo Ao a - leualew waiedsueiluou a y1!nn P q y1 10 sued jemol pue jaddn ay1 aney sawll Ile 1e Ileys sasnassel�l •leualew 1uaiedsue�luou a y1!M paJanoo �(poq ay1 10 ved �annol ay1 aney sawil Ile 1e ileys a6essew a 6u!wjoljed sinesseVy •tiC 'A110 84110 luap!saj a aq lleys ja6euew a awg - llnj a Modde ileys s�oi�ed eunes pue sioiied a6e sew a6euew IiV '£L alewel. a6essew O • siewolsn� sJa 1 pannolle aq p!nn asnassew pasueml a Aluo pue wolsnb alew a6essew o pannolle aq illm inassew pasue3il a Alu0 'ZL ( *IAX 'Pao) . L1� a eyi o1 lejuawula a o 410 suaz!1!o aye jo hlales jo aleliann 'yl1eay P q 1 punol< s! �olied a6essew a yons jo a '41le d 8 41 J! PePu!0saj aq stew asueml a jo parusp aq -Aew uo!leoildde uV ' L L (8 ti —E ti 8Z —£ _- 3-213-4 3 -213-5 C) 3. Each sauna shall have a janitor's closet which shall be provided for the storage of cleaning supplies. Such closet shall have mechanical Ventilation with two (2) cubic feet per minute per square foot of floor area and a minimum of thirty (30) foot - candles of illumination. Such closet shall include a mop sink. 4. Floors, walls and equipment sauna. rooms, in restrooms and in bathrooms used in connection therewith must be kept in a state of good repair and sanitary at all times. Linens and other materials shall be stored at least twelve inches (12 ") off the floor. Sanitary towels, washcloths, cleansing agents and toilet tissue must be made available to each customer. 5. Individual lockers shall be made available for use by patrons. Such lockers shall have separate keys for locking. 6. Doors on massage rooms shall not be locked or capable of being locked. 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 cannot be present on any doors on massage rooms. All massage rooms shall be clearly identified by signs. (Ord. XVI.8, 2- 17 -76) 7. A minimum of thirty (30) foot - candles of illumination shall be supplied in all work areas. (Ord. XVIA, 7- 20 -76) D. Inspection Requirement: Each _operation required to be licensed hereunder shall at all times be held open for inspection by any duly authorized law enforcement officer, health officer or building inspector to insure compliance with all provisions of this Article. E. Employee Identification: Upon demand by any police officer, any person engaged in providing services in any licensed premises shall identify himself, giving his true legal name and his correct address. (XVI.8, 2- 17 -76) F. Hours of Operation: No customers or patrons shall be allowed to enter the licensed premises after eleven o'clock (11 :00) P.M. and before eight o'clock (8:00) A.M. daily. No customers or patrons shall be allowed to remain upon the licensed premises after twelve o'clock (12:00) midnight and before eight o'clock (8:00) A.M. daily. (Ord. XVI.14, 10- 18-77) 3-213-5: MINORS RESTRICTED: No person under the age of eighteen (18) years shall be permitted at any time on the licensed premises as a customer, guest or employee unless accompanied by his or her parent or guardian. 3 -2B -6 B. No sauna for which a license has been granted by the City shall be open for business unless and until any masseurs or masseuses employed in the business have first complied with the registration requirements of this Article. Any person acting as a masseur or masseuse in any such business shall have his registration certificate displayed in a prominent place on the licensed premises. 3 -2B -7 3-2B -6: MASSEURS AND MASSEUSES; REGISTRATION: 'A• All licensed saunas and /or massage parlors shall furnish the Police Department with a list of current employees, indicating names, addresses and which employees are practicing massage as part of their duties. The licensee shall p change in the list. romptly notify the Police Department of any ` 3-2B -7: VIOLATIONS, SUSPENSION, REVOCATION; PENALTIES: A. - Suspension or Revocation of License: 1. The City Council may suspend or revoke a license issued under this Article upon a finding of a violation of any of the conditions or provisions of this Article or upon violation of any other ordinance or State Statute regulating massage services. Any conviction for prostitution or an other crime or violation involving moral turpitude shall result in the revocation of any license issued hereunder. 2. Hearing: a. Business License. Except in the case of a suspension pending a hearing on revocation, revocation or suspension by the Council shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least eight (8) days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding thirty (30) days. The notice may be served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof. No suspension shall exceed sixty (60) days. b. Personal Service License. Within thin request by the suspended or revoked licensee, a public days ear na written re the City Council shall be held concerning the reasons for sus pension revocation. p on or ` B. Violations: Each 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, whether individually or in connection with one or more other persons or as a principal agent or accessory, shall be guilty 3 -2B -7 _ 3 -213 -7 =j B) of such offense; and every person w ho falsely, fraudulently, forcibly or wilfully induces, causes, . coerces, requires, permits or directs another to violaWany`of the provisions , of this Article is likewise guilty of such .offense. (Ord. XVI 8, 2- 17 -76) C.- Penalty: Any person who violates or fails-to comply with any provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars ($500.00), or by imprisonment for not to exceed ninety (90) days for said offense. For each day the violation continues, a separate offense shall be declared. (Ord. XVI.8, 2- 17 -76; amd. 1983 Code) SECTION: 3 -2C -1: Definitions 3 -2C -2: 3 -2C -3: License Provisions, Fees Licensee Responsibility, Conditions 3 -2C -4: of License Personal Service License 3 - -5: Violations, Penalty 3 -2C -1: DEFINITIONS: ADEQUATE or Acceptable to the City H APPROVED ealth Officer or as agents following his determination as to conform once with Public health practices and standards. CONVERSATION An establishment advertising, offering r PARLOR the service selling of engaging in or listening conversation, talk or discussion betwee an employee of the establishment and a customer, regardless of whether other goods or services are also simultaneously advertised, offered or sold, regardless of whether those other goods or services are also required to be licensed. -_ The term "conversation parlor" does not include. bona fide legal, medical, Psychiatric, or .counseling services b psychological Y a person appropriately licensed; or bona fide educational institutions, or panels, seminars or other similar services offered by such institutions; or SANITARY churches or synagogues. Free from the vegetative cells of pathogenic organisms. 9 c micro _ 3 -2C -2 3 -2C -2 3 -2C -2: LICENSE PROVISIONS, FEES: A. Required No person shall engage in in the business of operating a conversation parlor in the City without a license. B. Application The initial application fora license shall be made at the office of the City Clerk by filing the annual license fee and by completing an application form. The application - shall contain the following information: 1. A description and location of the premises to be licensed. if the premises is not constructed and furnished at the time the application is completed, the detailed plans of the premises and furnishings shall be attached to the application. 2. Names and addresses of the property owner, the business owner, the lessee, the manager or operator and if a corporation, all the names and addresses of the officers of such corporation. 3. A description of any crime or other offense including the time, place, date and disposition for which any of the persons named in subsection 3- 2C -2B2 above have been arrested or convicted. 4. A description of the services offered. The license application shall thereafter be reviewed by the City Building Department, Police Department, Fire Department and such other departments as shall be deemed necessary. Such departments will thereafter submit their reports and recommendations to the City Council. The license shall be granted or denied by the City Council following a public hearing. 5. Whether the applicant is a natural person, a corporation, a partnership or other form of organization. 6. If the applicant is a natural person: a. The true name, place and date of birth, and street residence address and phone number of the applicant. - b. Whether the applicant is a citizen of the United States. c. Whether the applicant'has ever used or has been known by a name other than his true name; and if so, what was such name or names and information concerning dates and places where used. d. 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. -- 3 -2C -2 3 -2C -2 B 6 ) e. The street - addresses at which applicant has lived during the preceding five (5) years. f. The kind, name and location of every business or occupation the applicant has been engaged in during the preceding five (5) years. .g. The names and: addresses of applicant's..employeris} and partner(s), if any, for the preceding five (5) years. h. Whether the applicant has ever been convicted of any felony, 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. L The physical description of the applicant. 7. If the applicant is a partnership: a. The name of the managing partner(s) and the interest of each 4 partner in the business. b. A true copy of the partnership agreement shall be submitted with the application. 8. ' If the applicant is a corporation or other organization: a. The name; and if incorporated, the state of incorporation. b. A true copy of the certification of incorporation, articles of incorporation or association agreement, and bylaws shall be attached to the application. c. The name of the manager or proprietor or other agent in charge of the business to be licensed and all information concerning said person(s) as is required in subsection 3 -2A -2136 above. 9. Whether the applicant is licensed in other communities; and if so, where. 10. The names of those individuals to be licensed and working for the applicant who may work in the City. 11. Whether the applicant has previously been denied a conversation parlor license. 12. The names, residences and business addresses of three (3) residents of the county in which the applicant resides, of good moral character, not related to the applicant or financially interested in the premises or . business, who may be referred to as to the applicant's and /or manager's character. 3 -2C -2 3 -2C -3 B) 13: The licensee shall keep a daily business register and require all customers to sign said register, giving their complete legal name and current correct residence address. This register shall be on public display at all times in the licensed premises and shall be available to any City authority or other police authority having responsibility for supervision of the licensed premises. 14. All conversation parlors shall appoint a full- time manager. The manager shall be a resident of the City. 15. Such other information as the City Council may require. C. Fee: The annual license fee is one thousand five hundred dollars ($1,500.00). D. Term, Display: A separate license shall be obtained for each place of business. The licensee shall display the license in a prominent place on the licensed premises at all times. A license, unless revoked, is for the calendar year, or part thereof, for which it has been issued. 3 -2C -3: LICENSEE RESPONSIBILITY, CONDITIONS OF LICENSE: A. General Provisions: The licensee is absolutely responsible for the misconduct, crimes and offenses of his employees, and his license may be revoked for ..his own or his employees' misconduct, - crimes and offenses committed on or in connection with'. the - licensed establishment. B. Rules and Regulations: 1. Licenses may be granted only in the appropriate zone to . be determined pursuant to the applicable laws and ordinances of the City. 2. Licenses shall be granted only to establishments which can meet the safety and sanitary requirements of the applicable building, housing, health and safety code regulations of the City and the State. 3. It shall be grounds for denial to the license applicant if there is any fraud or deception involved in the license application. 4: It shall be. grounds for. denial ' of. the application if the applicant or persons in his employ are not complying with or have a history of Violations of the laws and ordinances that relate to health, safety or moral turpitude. 5. A license shall not be granted to a person of bad repute or to a partnership or corporation who has in its employ or is owned by any persons of bad repute, such that the health or safety of customers or, members of the public would be endangered. 3 -2C -3 3-2C-3 ;: 6. Such establishments shall provide adequate refuse receptacles which shall be emptied as required. 7. It shall be grounds for rescinding a license granted to any person, partnership or corporation under this Article if they fail to comply with any of the ordinances of the City or _Statutes of the State.: -8. It shall be grounds for rescinding a license granted to any person, partnership or corporation under this Article if the owner, manager, lessee or any of the employees are found to be in control or possession of any alcoholic beverages, or of narcotic drugs and controlled substances on the premises, possession of which is illegal as defined by State Statutes' or City ordinances. 9. It shall be grounds for the rescinding of a license if the owner, manager, lessee or any of the employees are convicted of any ordinance or State Statute violations arising within the business establishment to which the license was granted under this Article. 10. It shall be grounds for rescinding any license granted under this Article if the premises do not comply with the health, safety and building regulations of the City and State; including any applicable illumination requirements in the State Building Code or State Fire Code. B) 1i. An application may be denied or a license may be rescinded if the operation of such an establishment is found to be a danger to the health, welfare or safety of the citizens of the City. 12. A license may be rescinded upon evidence of a material variance in the actual plan and design of the premises from the plans submitted with the application for the license or from the original design of the premises when initially licensed without prior approval of the City. 13. All employees and customers of the establishment shall have at all times, their breasts, buttocks, genitals and anus covered by a nontransparent material. 14. No bed shall be brought or permitted to remain on the licensed premises. 15. An application may be denied or a license may be rescinded where the impact of -the licensed establishment on adjoining property will result in any of the following: a. Loud, boisterous and disturbing noise levels. b. Hazardous traffic conditions. c. Offensive, obnoxious and disturbing odors. 1. M.S.A. § §15201 at seq. 2. For State Budding Code, see M.S.A. M16.83 at seq.; for State Fre Code, see M.S.A. §§73.01 et seq. CF . 3 -2C -3 3-2C-3 ;: 6. Such establishments shall provide adequate refuse receptacles which shall be emptied as required. 7. It shall be grounds for rescinding a license granted to any person, partnership or corporation under this Article if they fail to comply with any of the ordinances of the City or _Statutes of the State.: -8. It shall be grounds for rescinding a license granted to any person, partnership or corporation under this Article if the owner, manager, lessee or any of the employees are found to be in control or possession of any alcoholic beverages, or of narcotic drugs and controlled substances on the premises, possession of which is illegal as defined by State Statutes' or City ordinances. 9. It shall be grounds for the rescinding of a license if the owner, manager, lessee or any of the employees are convicted of any ordinance or State Statute violations arising within the business establishment to which the license was granted under this Article. 10. It shall be grounds for rescinding any license granted under this Article if the premises do not comply with the health, safety and building regulations of the City and State; including any applicable illumination requirements in the State Building Code or State Fire Code. B) 1i. An application may be denied or a license may be rescinded if the operation of such an establishment is found to be a danger to the health, welfare or safety of the citizens of the City. 12. A license may be rescinded upon evidence of a material variance in the actual plan and design of the premises from the plans submitted with the application for the license or from the original design of the premises when initially licensed without prior approval of the City. 13. All employees and customers of the establishment shall have at all times, their breasts, buttocks, genitals and anus covered by a nontransparent material. 14. No bed shall be brought or permitted to remain on the licensed premises. 15. An application may be denied or a license may be rescinded where the impact of -the licensed establishment on adjoining property will result in any of the following: a. Loud, boisterous and disturbing noise levels. b. Hazardous traffic conditions. c. Offensive, obnoxious and disturbing odors. 1. M.S.A. § §15201 at seq. 2. For State Budding Code, see M.S.A. M16.83 at seq.; for State Fre Code, see M.S.A. §§73.01 et seq. d. Excessive litter. e. Excessive artificial lighting. f. Substantial decrease in adjoining property values. C. Construction and Maintenance: 1. All restrooms used in connection with conversation parlors shall be provided with mechanical ventilation with two (2) cfm per square foot of floor area, a . minimum of fifteen (15) foot- candles of illumination, a hand- washing sink equipped with hot and cold running water under pressure, sanitary towels and a soap dispenser. 2. Each conversation parlor establishment shall have a janitor's closet which shall be provided for the storage of cleaning supplies. Such a closet shall have mechanical ventilation with two (2) cfm per square foot of floor area and a minimum of ten (10) foot- candles of illumination. Such closet shall include a mop sink. 3. Floors, walls and equipment in rooms, rest-rooms and in bathrooms used in connection therewith must be kept in a state of good repair and sanitary at all times. Linens and other materials shall be stored at least six inches (61 off the floor. Sanitary towels, washcloths, cleaning agents and toilet tissue must be made available for each customer. 4. All doors on parlor rooms shall be constructed of clear glass and shall not be locked or be capable of being locked'. D. Plans and Specifications For Changes: All persons who hereafter construct, extensively remodel or convert buildings or facilities for use as a conversation parlor shall conform and comply in their construction, erection or alteration with the requirements of this Article. Plans and specifications for such layout, arrangement and plumbing and construction materials of the parlor room areas, and locations, size and type of equipment and facilities shall be filed by the owner in the office of the City Clerk. A building permit shall not be issued for any such construction, remodeling or alteration until such permit shall have the approval of the City Council. E. Inspection Requirement: During business hours, all conversation parlors shall be' open to inspection by City health, fire, building and license inspectors and police officers. Upon demand by any police officer; - any person engaged in providing services in any licensed premises shall identify himself, giving his true legal name and his correct address. F. Hours of Operation: No customers or patrons shall be allowed to enter the licensed premises after one o'clock (1:00) A.M. and before eight o'clock (8:00) A.M. daily. No customers or patrons shall be allowed to remain upon the licensed premises after one o'clock. (1:00) A.M. and before eight o'clock (8:00) A.M. daily. .. - 3 -2C -4 3 -2C -5 . .. 3 -2C -4: PERSONAL SERVICE *LICENSE: All the information required _ under Section 3- 2C -213, subsections 5, 6, 9, 12 and 15 shall be required of applicants for a personal service license. A: All persons engag'i g in such work shall submit, before the granting of a .. license, to being fingerprinted and photographed. Fingerprints. and photographs shall be kept on file at the Police Department. B. Any falsification of information on the license application shall result in the denial of said license. (Ord. XV1.10, 7-20-76) 3 -2C -5: VIOLATIONS, PENALTY: 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, whether individually or in connection with one or more other persons or as principal agent, or accessory, shall be guilty of a misdemeanor, and every person who falsely, fraudulently, forcibly or wilfully induces, causes, coerces, requires, permits or directs another to violate any of the provisions of this Article is likewise guilty of a misdemeanor; and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00 ), or imprisonment in the County jail for not more than ninety (90} days, or both. (Ord. XV1.10, 7- 20 -76; amd. 1983 Code)