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. See True 9, Chapter 1 of this Code.
2. M.S.A. 44152.01 et seq.
*bas is 1ZE'609§§ 'V ',
'Jasuadsip deos a pue slannoi tie1!ues 'alnssa�d
e 'uo
Japun ialenn 6u!uunl pioo pue toy EIMM padd!nbe W's 6ulysenn -puey
.1eulwnlli jo saipueo -loo
(OE) X1 ;o wnwlulw a ease aool1 10
100 aienbs iad alnu!w jad 1 o!gno (Z) OAg y1! nn uo!1ei!luan Ieo!ueyoaw
41!1111 pap!noad aq lleys seunes 41!m uo!loauuoo w pain swoojlsaj IIV 'Z
e 4Mm Janoq- tielmes e' apinoid
01 pai suoo aaq j eys s wo! n enn �w
ol
Ilem pue Tenn - of -JOOII 8 4-L '4uv+oj6 sn6unj pue plow 'eualoeq • scow
'a�n
o1 snowedwi ale yo!4m sleyeiew jo paioruisuoo a
uo!loauuoo ur pain swoop e q ile4s 41WO10y1
y1 q pue swoalsaj 'swoon eunes IIV. L
:aoueueluleyy pue uopnilsuoD .�
(9L 'q6 *lAX •Pj0) 'ses!waid pasuaoy 04110 uols!
col A1!! 6u!ney � 111041ne 8ogod 19410 Jo L1!joylne A1!o
�(ue o1 algei!ene aq Ileys pue saslwaid pasuaoq ayj u sawll lie 1e ate dsi
ollgnd uo aq Ile4s aels!6a� Ni I •p
pue saweu Ie6aI alaldwoo 11841 6u ns6 ja s 6aj ples o1 s awo�sno
Ile 91!nbal pue la1s!6a� ssau!snq � l!ep a d994 ileys aasuaoii ayl It
10 a 841 10 smel 8 41 o1 tielluoo s911inwe luaoapuf io ie owwi
J 10 uo!1n1!1soid 6ulnlonul sallln!1 uo ��eo 01 s1 'pa!ay1 le idde si � asua�!
8 41 4o! .101 ssaulsnq 941 dwlonpuoe 10 asodind jea.1 !.1
1! '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)