HomeMy WebLinkAbout#210 Sauna Ordinance
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STATE OF MINNESOTA
COUNTY OF RAMSEY
CITX OF ARDEN giTLLS
• ORDINANCE NO. ~D
AN ORDINANCE REGULATING THE OPERATI011T OF NlAS$AGE,
RP,P AND SAUIlTA PAgtLORS AND INDIVIDUALS PROVIDIIITG
SERVICES AT THEM; ItEQIIIRING LICENSES TO OPERATE St1CH ESTABLISHMENTS A1TD TO FERFORM SERi1ICES TKERE ;
PROV3DING STANDARDS FOR THE CONSTRUCTION s OPERA-
TI0111 AND MAIIVTENANCE OF SIICH ESTABLISA..MENTS•, AND
ESTABLISHING PENALTIES FOR THE VTOLATION TIiEREOF .
. The City Council of Arclen Hills ordainso
Section l. Statement of Policy; I,imitation on Number o£
Licenses. The City Council of the City-of Arden Hills finds that
sauna, rap and massage parlor enterprises are susceptible of
operation in a manner which contravenes, subverts or endangers
the moral.s of the comgnunity and thus requisee close inspection,
regu.lation and Yicensing by the City. Such enterprises also have
the potentaal of being p].aces where disease may be transrraitted.
Accordingly, the City Council deems it necessary to.provide for
the special regulation of such enterprises in order to protect
the public health, safety and welfare and to guard against-the
inception and transmission o£ disease.
Because regulation of such enfcerprises will require inten--
sive efforts by.the police clepartment and other departments of
the City and, as a consequence, the concentrated use of CIty ser-
vices will detract from and reduce trie level of service available
to the rest of the comaaunity, thereby diminishing the ability of
the City to promote the general health, safety and welfare of the
comrauaaity as a whole, the City Council hereby cietermi.nes that
only two (2) licenses for the operation of a sauna, rap or massage
parlor, or any combination thereo£, shall be in force at any one
time. .
Section 2. Definitions. As used in thss Ordinance, the
terms defined in thas Section shall have the meanings ascribed to
them unless the context requires a different aneaning.
(a) Massage. "Massage" means the rubbing, stroking,
]cneading, tapping or rolling of the body wiich the hands
or other dlevices or impleinengs, for the-exclusive pur-
pose of relaxation, physical fitness or beautification,
and for no other purposes.
(b) Massage Parlor. "Massage Parlor" shall mean
any room or raoms where any person for a fee may
receive from Another person a massage, or any raom or
rooms from which a masseur or masseuse is dispatched by
telephone or otherwise, for the purpose of giving a
massage. .
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(c) Masseur. "Masseur01 means a anale person who
practices massage.
(d) Masseuse. "Masseuse" means a £emale person,
who pract ces massage.
(e) Operate. °Operate" means to own, manage,
administer or conduct.
(f) Person. "Person" shall mean any individual,
corporation, partnership, association, organizatioin,
proprietorship, fiaa or as.sociation.
. (g) Rap. "Rap" means the service of engaging.in.
or listening to conversation, talk or discussion
. between an employee of the establishment offering
such services and a customer thereof, for a fee.
(h) Rap Parlor. "Rap Parlor" means an establish-
ment advertisinq, offering, selling or perforBning rap
to or for anembers of the public or a private club,
• regardless of whether other goods or services are also
simultasaeously advextised, offered, sold or performed,
and regardless of whether those other goods or ser-
vices are also required to be licensed.
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(i) Sanitargr. "Sanitary" means free from the vegetative cel.ls of pathogenic microorganisms.
MI S'auna. "Sauna" means and includes a steam
bath or heat bathing room used for the purpose of
bathing, relaxation or reducing, utilizing steam or
hot air as a cleaning, relaxing or reducing agent, and
for which a fee is charged.
(k) l Sauraa Parlor. "Sauna Parlor" means an estab-
lishment advertising, offering, or selling sauna to or
for members of the public or a private club, regard-
~less of whether other goods or services are also
simuitaneously advertised; offered or sold, and regard-
less of whether those other goods or services are also
required to be licensed.
Section 3. Licenses ltequired.
(a) Business License. No person sha11 operate,
directly or in irec y, upon any pretense or by any
device taithin the City any sauna, rap or massage
parlor, for which any charge or fee is made or any
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money or thingr of value is solicited or received,
without being licensed therefor by the City pursuant
to the provisions of this Ordinance. A license r.tust-
be obtained for the place of business at which the
sauna, rap or massage parlor business is to be
operatea. A license is not transferable to any other
person or premises. No more than two (2) business
licenses issued hereunder may be in force at any one
time.
(b) Personal Service La.cense; Masseurs and -
Masseuses. No masseur nor masseuse shall perform or adaninister massages tanless he or she has a va7Lid permit
; issued pursuant to the provisions of this Ordinanceo
Personal service licenses issued to masseurs or
niasseuses hexeunder are not transferable.
(c) Exceptions.
(1) Massage Distinguished; Incidental Massage.
The practice of massage is hereby declared
. to'be distinct from the practice of inedi-
cinle, stxrgery, osteopathic; chiropractic,
physical therapy or podiatry arid persons
duly licensed in this State to practice
suCh disciplines, nurses who work solely
under the direction of any such persons,
and establishr.ients at which such discip-
lines are practiced are hereby expressly
excluded from the provisions of this Orrlin-
ande. Massages performed incidental to
athletic or physical training programs
op~rated by athletic clubs, sports and.
heailth clubs, public or pri.vate educa-
tioinal institutions, or athletic teams, or
- given by manicurists, beauty culturists,
, hairdressers or barbers incidental to the
beaiutification services customarily and
pri;marily provided by them, and the shops,
• p].aices, establisfunents or locations at
which such incidental ma$sages are provided,
. sh~ll likewise be exempt from the provisions
of this Ordi.nance.
(2) Incidental Saunas. A license shall not be
required under the provisions of this
Or4inance for premises on whi.ch saunas, but
not massages, are provided incidental to
the use of exercise and recreational equip-
ment and facilities situated on the same
premises provided that the sauna facilities
occupy a floor area equivalent to not more
than ten percent (100) of the floor area
used for the exercise and recreational
equipment and facilities. Likewise, no
license is required hereuncler for hotels,
motels, rooming houses, apartment buildings,
office buildings, and condominiums in which
saunas, but not massages, are provided
incidental to the rental of rooms or apart-
ments or the ownership thereof and the use
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of~the sauna faciZities is limited to
te ants or the owners of the building or
st ucture within which the sauna faca.li-
ties are located.
(3) Massage or Sauna Parlors Operated by Certain
Non-Profit Corporations or Associations. Any
mas,sage or sauna parlor.operated ya non-
proifit corporation oz association shall be
exekmpt from the provisions of this Ordin-
anqe provided, however, that such corpora-
tidn or association is duly organized under
the laws of the State of Minnesota for
civic, fraternal, charitable, social--or
bu6iness purposes; has more than fifty (50)
menibers ; has for more than two (2) years
pr3;or to application ownecl, hired or leased
a building or space in a building of sueh
extent and character as may be suitable and
adequate for the reasonable and comfortable
accoaanodation of its members; has a board .
• of directors, executive committee or other
similar body chosen by its members at a
n?eeting held for that purpose which estab-
lisYies its policy and manages and conducts
its affairs; and prohibits its members, •
o£ficers, agents or employees from being
directly or indirectly compensated by way
of profit for.the sernices offered by the
corporation or.association to the members
or their guests beyond the amount of such
reasonable salary or wages as may be fixed
and voted each year by the directors or
other governing body.
.Section 4. A l:icatiora; Contents Thereof. An application,
for a license require hereun er s a 1 be made to the Clerk-
Administrator, or to a person desigriated by the Clerk-Adaninistrator,
on such foraas as the Clerk-Administrator may.from time to time pxo-
`rade. At a minimum, the fona shall contain the information required
ira the following subseoltions of this Section'4. Any falsification
of inforrnation on an application shall be cause for deni.al, suspen--
sion or revocation of a license issued or to be issued hereunder.
(a) Business License. Every application for a busi-
ness liceanse required under this Ordinarace shall be made
to the City Clerk-Administrator on such forr!ms as he may
from time to time require. In addition to such informa-
tion as the Clerk-Administrator may require in such
application form, it shall also include at a minimum the
following items of informatian or documentation:
(1) Whether the applicant is a natural person,
" a corporation, a partnership or other for*n
of organization. (2) If the applicant is a naturaZ person:
a. The true name, place and date of birth,
street address and phone number of the
applicant;
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b. Whether the applicant is a citizen caf
the United States;
c. Whether the applicant has ever used
or has been known by a name other
than its true name, ancl if so, what
' was such name(s) and information con-
, cerning dates and places where used;
d.' The name of the business if it is to be conducted under a name or style
other than the €ull individual name
' of the applicant in which case a•
certified.copy of the certification
required by M.S.A. Chapter 333 shall
be attached to the application;
e. The street addresses at which appli- cant has lived during the preceding
~ five (5) years;
f.l' The kind, name and location of every
. businessand occupation the applicant
has been engaged in during the preced-
ing five (5) years;
g. The applicant's bccupation for five
(5) years preceding the date of his
or her application;'
h. Whether the applicant has ever been
convicted of any erime and if so,
the nature of such crime, the time and
i place at which it occur_red, the date
~ of conviction, the place and length
of incarceration, and such other
informatiora as the Clerk-Administra-
tor may request from the applicant;
. i. Three (3) photographs of the applicant,
showing the front of his or hex face
and each side of his or her head, not _
less than thirty (30) days old and aie
l.east two inches by two inches i.n size;
j. A physical description of the applicant;
k. If applicant is appl_ying for a busaness
lieense to operate a massage parlor,
whether the applicant has had any train-
ing or experience in performir_g massage
services, and if so, the nature and
extent of such experience and education anci
including any diploma or certificate of
graduation which the applicant has received
from an educaicional institution.
1. Yf the applicant is applying for a busi-
ness license to operate a sauna or anassaqe
parlor, or'both, then a cerLificate from a
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].icensed/physician indicating that the
app].icant has been examined less than
thirty (30) clays prior to the appliea-
tion and has been found free of
comauraacable diseases. (31 If the applicant is a gartnership:
a. The names and addresses of al1 partners
and all infornation concerning each
partner as is required of an indiws.dual
applicant fa subsection (2) hereinabove;
~ b. The naiae and address of the managinq
partner(s) and the interest af each
partner in the business;
ca A true copy of the Partnership Agree-
ment, attached to the application, as.
well as. a certified copy of the certifi-
cation as to trade name required my
M.S.A. Chapter 333;
C41 If the app].acant is a corporation or ather
orgranization: a. The name and, if incorporated, the
jurisdiction and date of incorporation;
b. A true copy of the certificate or
Articles of Incorporation, or Associa-
tion Agreement, and the By-Laws or
Constitution thereof attached to the
application, and, if a foreign corpora- .
tion, a Certificate of Authority as
. . de.scribed in M.S.A. Chapter 303 like-
wise attached;
co The names and addresses of all stock-
holders, directors, officers, associat.es,
managers, and agents,o£ the corporation
and all information concerning them as
is required in subsection (2) herein-
above;
d. A list of all persons who control or
own an interest in excess- of five per-
cent (5%) in such corporation or
association;
eo Tf the applicant is a non-profit cor°
poration; a list of all members thereof,
whether the applicant has for more than
two (2) years prior to application
owned or leased a building or space in
a building suitable and adequate for
the accommodation of its memberso and
a statement of the purposes for which
the corporation was incorporated.
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(5) Whether the applicant has ever operated a
sauna, rap or r.iassage parlor vaithin the
preceding five (5) years, and if so,
whether a license therefor was ever denied,
reiroked or suspended, explaining the
reasons for such denial, revocation or suspension. .
(6) W'hether the applicant is licensed in other
communities to operate similar businesses,
' and if so, where. .
(7) The names and addresses of all agents or
employees of applicant who raill perform
services therefor in the City, and tllie
nature og services to be performed by
each employee; the names, residence and
business addresses of five (5) residents
of the metropolitan area of the State of .
Minnesota, of good moral character, not
related to the applicant or financially
interestecl in the premises ar business,
who may be contacted regarding the appli-
cant's or manager's character.
(8) A specific descript•ion ot all services to
be provided on the premises to be licensed;
a detailed description of all equipment
and furniture to be used in the operation
of the business; a legal and street
address description of the premises pro-
posed to be licensed.
(9) Names and addresses of all creditors fur-
nishing credit for the establishment,
acquisition, maintenance and furnishing of
the proposed business. ,
(10) Establishment of applicant's interest in
premises by furnishing true copies of lease, deed, contract for deed, mortgage
. deed, mortgage, credit arrangement, loan
agreements, security agreements and any
other documents.
(11) Blueprints, diagrams, plans, layouts and
the like showing the construction, revision,
remodeling, alteratgon or additions of or
to the premises and specifically showing
the layout, design and arrangement of all
of the rooms, halls and facilities.
(12) An ownership report, prepared by a licensed
abstractor, indicating the ownership of all
parcels within 500 feet of the premises
sought to be licensed, accompanying the .
application.
(13) Such other information as the Clerk-
Administrator ar the Council r•.Zay require
from time to time.
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(b) Personal Service Licenses; Masseurs and Mas-
seuses. Applicat ons for masseuw or masseuse lieenses
pr ded for s,n this Ordinance shall be Ynade to the
City Clerk-Administrator on such forms as he may frQm
time tv time provide e In acldition to such information
as the Clerk may require, the application sha]ll
include or be accompanied by:
(1) All of the inforndation required unclex
SuUsection (a) (2) o
(2) 4hether the applicant has ever had a
similar license denied, revoked or
suspended, explaining the reasons-fog
such denial, revocation or suspension.
(3) TnThat other communities the applicant
has been .licenseci by.during the pre- .
. cedinq five (5) years e
(4) Written proof of age in excess of 18
years. .
(5) A diploma or a certificate of graduation
' from the educational institution at which
the applicant received instruction on
the theory, method, or work of massage--
if applicant has,received oneo
(6) A certificate from a licensed physician
that the applicant has been examined
less than thirty (30) days prior to the
application and has been found free of
comanunicable diseases. '
(7) Name and address of the licensed massage
establishment by which the applicant
expects to be e.naployed.
(c) Verific.ations. All apgalications for licenses,
whether business or personal service, sha.ll be verified
as to all information containecl therein being true and
correct. If the application is made by a natural person,
it shall be signed and the verifieation sworn to by such
person; if by a corporatiorn, by an officer thereof; if
by a partnership, by one of the partners thereof; ancl if
by an unincorporated assocation, by the manager or
managing officer thereof.
(d) Changes in Application Information. It shall be
the continuing duty of each licensee promptly to notify
the City Clerk-Administrator of any change in the
information or facts oraginally furnished or required to
be furnished in or along with the application for the
license, This duty shall continue throughout the period
of such license, and failure to comply with this sub-
paragraph shall constitute cause for revocation, suspen-
sion or non-renewal of such license.
Section 5. Investigation; Investigation and License Fees;
License Application Year. ~
(a) Ipvestigation.
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(1) Business License. All applications for a
. business license, and all information or
documentation accompanying the same, shall
be referred by the Clerk-Administrator to
the police cleparfiment, fire department,
builrling inspector, planning commission, .
health officer and such other committees,
conans.ssions, departments or officers,
consultants and employees of the City
arad any other local, state or.federal-
goeernmental agencies as the Clerk-
Aclministrator sha11 deem necessary for
verification and investigation of the
facts as set forth in the applicatioh.
Each of the departanents, officers,
coaanissions, comnittees, consultants,
employees or agencies to whoin the
application and acco*npanying materials .
have been referred shall make a written
recomnendation to the City Council as
• to whether the license sought should be
issued or denied within forty-five (45)
days of the date of the application.
(2) Personal Service Licenses; Iv!asseurs ancl
Masseuses. All applications for personal
service licenses hereunder, including
information or documentation accompany-
ing the same, shall be reviewed by the
Clerk-Administrator and regerred to and
reviewed by the police department and
such other depaxtments, commissions, coznmittees, officers, consultants, and
employees of the City and such other
governmental agencies as the Clerk-
Administrator shall deem necessary for
the verification and investigatiora of
the facts set forth in the application.
Each of the departments, officers,
commissions, committees, consultants,
employees or agencies tcs whom the .
application and accompanying materials
have been geferxed shall anake awritten
recomanendation to the City Council as
to whether the license sought should be
issued or denied within thirty (30) siays
o9E the date of the application.
(b) ]Cnvestigation Fees.
(1) Business I,icense. At the time of the
filing of the original application for
a business license hereunder, the
applicant shall pay an investigation fee
of $1,500.00.
(2) Personal Service Licenses. At the time
of the filing of the original applica-
tion for a personal service license, the
applicant shall pay an investigation fee
of $100.00.
(3) Non-Refundable. No investigation fee
shall be refunded to the applicant.
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(c) Lieense Fees. At the time of filing the
application for a icense hereunder, the following
license fee, or a pro-ratecl portion thereof, shall
be paid by the applicant:
(1) Business License. The annual fee for a
usiness license shall be $3,000.00.
(2) Personal Service I,icenses. The annual
fee for a masseur or masseuse license
shal.l be $100.00.
(3) Refundable. LTpon denial of an applica-
tion fog a license, the City shali
promptly refund to the applicant the
amount paid. No other refunds shall be
made. .
(el) I.icense Year. Any license issued hereuncler shall
be effective for the calendar year and shall thus expire
on December 31 of each year unless previously revoked.
Section 6. License Renewals.
(a) Necessity for Application. The licenses required
hereunder are valid for the calendar year only. Accordingly,
app3ication must be made each year for a new license for
the ensuing calendar year. ~ (b) Manner and Type of Applicati.on. A licensee seek-
ing to renew a business or personal service license
issued hereunder shall make application in the manner and
with the type of application specified in Section 4 rela-.
ting to original applications. • .
(c) Time of Renewal Applicatione Applications for
a license renewal must be submitted to the Clerk-
Administrator at least sixty (60) days in advance of
. license expiration.
Section 7. Licensing Prohibitede .
. (a) Business License. No business license for the
operation o a sauna, rap or massage parlor shall be
issued:to an applicant where any of the following circum-
stances, which are readily ascertainable by the Clerk-
Administrator, exists:
(1) Zoning District. The premises at or on
which the sauna, rap or massage parlor
is to be operated is located in a zoning
district within the City other than R-B
or G-B.
(2) Distance_from Other Similar Establishments.
The premises at or on which the sauna, rap
or massage parlor is to be operated are
located within 500 feet of another sauna,
rap or massage parlor.
(3) Distance from Residential Zoning District,
Etc. The premises at or on which the
. sauna, rap or massage parlor is to be
operated are located within 500 feet of
any residential zoning district, a church,
a nursery, an elementary school, a junior
high school, a high school, or any estab-
lishment frequented by juveniles.
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(4) Denial or Revocation of Similar License.
Within f ive (5) years prior to the clate
of application, the applicant has had a
similar license denied or revoked.
(b) Personal Service Licenses. No personal service
license shall be issued to a masseuse vr masseur in the
event she or he is under the age of eighteen (18) years
or is an alien.
(c) Clerk-Administrator's Denial of A lication. In
the event the Clerk-Adm nistrator has deterniined that
the apglicant is not entitled to a license by virtue of
the foregoing subsections of this Section 7, then he
shall,promptly after making such determination notify
. the applicant in writing that the application has-been
denied, specifying the reasons for the denial. (d) Appeal by Aggrieved Applicant. In the event an
. applicant has been advised by the Clerk-Administrator,
pursuant to the previous subsection of this Section 7,
that his application has been denied, he shall have ten
(10) days to appeal the denial to.the City Council. In
the event he does not timely file his notice of appeal
with the Clerk-Administrator by the end of said ten (10)
day period, he shall no longer be entitled to appeal,
his appeal xight having been waived.
(e) Council Procedure. When a notice of appeal has
been properly and timely filed with the Clerk-Administra-
tor, the City Council shall consider the aggrieved -
applicant's appeal at a Council meeting within the next
thirty (30) days of the date of the notice's filing.
,The purpose of the hearing shall be limited to the
question of whether the Clerk-Administrator had suffi-
cient gxounds to deny the application under subsections
(a) and (b)- of this Section 7. Based upon the facts
adduced at the hearing, the Council shall either affirm
the decision of the Clerk-Administrator denying the
license application or remand to the Clerk-Administrator
for further investigation and report back to the City
Council within no raore than forty-five (45) days from
the date of the Council meeting in the case of an applica-
tion for a business license and thirty (30) days in the
case of an application for a personal service license.
Section 8. Grant or Denial of Licenses.
(a) Business License.
(1) Notices of Hearing. In the case of an
appli.cation for a business license, the
Clerk-Aciministrator sha11 schedule a
public hearing thereon no later than sixty
(60) days after his receipt of the applica-
tion and accompanying documentation. The
Clerk-Administrator shall cause to be
_ published in the official newspaper of the
City at least thirty (30) days but not
, more than forty-five (45) days prior to
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the date of the public riearing a notice
describinq the nature of the ]ausiness
proposing to be licensed and its location
and setting forth the date, time, place
and purpose of the hearing. In addition,
the Glerk-Aclministratox shall mail a
similar notice at least fifteen (15) days
prior to the date of the public hearir?g to
each owner•of property located witYtin
,S001feet of the premises which are the
,subject of the applieation. A copy of the
notice and a list of the names and
addresses of the persons to whom it was
sent shall be attached thereto by the
Clerk-Aclministrator and shall be made a
part of the records of the proceedings.
The failure to give mail notice to
individual property owizers sha].1 not
invalidate the proceeding providing a bona
fide attempt to comply with this subsection
has been made.
(2) Public Hearing. The City Gouncil shall
conduct a public hearirag. The applicant,
or his representative, shall be giaen the
opportunity to appear before the City
Council to present reasons why his applica-
tian should be granted and to aaswer
questions of the Councilmen and members of
the publica A1.1 persons in favor of,
opposed to, or interested in the applica-
tion will be heard. The Ci,ty Council may
adjourn the public hearing to its next
meeting, either regular or special, and
may continue its study and consideration
of the application at meetings subsequent
to the meeting afi which the public hearing
was initially held,
(3) Considerations. The City. Council shall
• consider, in determininR whether to grant,
eleny,, or renew a license, the
effiect of the proposect establishment upon
, the health, safety, convenience, morals
and general welfare oiE the ovmers and
occupants of surrounding progaerties in
particular and the community as-a whole
and at a minimum the following factors:
a. The character and suitability of the
area and_neighborhood in which the
proposed-establishment'is to be
located;
be Traffic congestion and parking prob-
Iems;
ce Reasonably anticipated likelihood of
. excessive noise, disturbances or
fighting by persons in or about the
proposed establishment;
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d. 7Che applicant°s background and experi-
enee in the activity proposed to be
l.icensed, and thus the applicant°s
ability or fitness to perforrn the
e3uties and clischarge the responsi- bilities of the proposed activity tv
be licensecl;
e. W'tiether the applicarat either directly
or indirectly has had a license for a
similar activity revoked or suspended
in another commuraity or political
subdivision a.n the State of Minnesota;
f. Whether the proposed establislment
. and the premises on which it is to be
operated meet the health, safety,
sanitary and building requirements of.
the City including those requirements
set forth in this Ordinance.
' (4) Deniala Grounds for Denial. The City Council
may deny an application for the issuance
or renewal ~ .1of a business license on
the basis of a deterinination that the public
health, safety, morals or welfare would be
adversely affected by the proposed establish-
ment taking into account any one or more og
the facts or circumstances set forth in sub-
ssectian (a) (3) hereof and shall deny such
application upora finding any orie ar more of
the following conditions to exis-t: .
a. The applicarat or any one of its otianers;
pattners, directors, stoclcholderso
officers, managers, employees, agents
or interested parties are persons of
bad repute;
b. The applicant or any one of its owners,
. partners, directors,* stockholders,
afficers, managers, employees, agents
or interested parties have been con-
victed for offenses which involve
-moral turpitude or which relate
directly to such person's ability,
capaci.ty or fitness to perfoazn the
duties and discharge the responsibil.i-
. ties of the licensed activity;
c. The applicant or any one of its owners,
partners; darectors, stockholders,
officers, managers, employees, agents
or interested parties has had within five
(5) years lof the date of the applica-
, tion -been denied a license for a similar
activity to the one souqht to be
licensed or had such a license revoleed
or suspended in or by any comanunity or
political subdivision of the State of
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Minnesota or by the State of Minnesota
itself.
do The applicant has not £u].ly and truth-
£u11y ansviered all of the informaicion
required by the application.
In trie event the Council denies the applica-
tion, the Clexk-Administrator shall furnish
the applieant with a written document adtris-
ing him of the elenial and specifying the
factual bases and reasoning upon vihich the
denial was predicated. No application for a
license which has been denied by the.-Council
shall be resubmitted for a period of at least
one (I.) year from the date on which the
apgl.ication was denied.
(5) Approval; Imposition of Conditions. The Council may approve an appl.ication for the
. issuance : -lqk, renewal of a license
on the basis of a determination that the
public health, anorals a safety or welfare wiIl
not be adversely affected by the proposed
establisYuaent, taking into account one or
more of the factors set forth in subsection
(a) (3) hereinabove, and in granting
r: ;s or.renewiriq a license may impose
sucb reasonable conditions and restrictions
on the manner and cixcbunstances under which
the licensed activities are to beoperated
so as to preserve the public peace and.pro-
tect the public health, morals, safety and
welfare.
(b) Personal Service Licenses; P4asseurs and rRasseuses.
(1) Procedure. The Clerk-Adr.ministrator shall
place any application for a personal ser-
vice license hereunder on-the agenda of a
. meeting of the City Council no less than
forty-five (45) days after the date of the appli-
. catLian:.; When the matter comes before the
Council, the applicant, or his representa-
tive, sha31 be given the opportunity to
appear before the Council to answer ques- tions and give explanations regarding the
proposed licensed activity.
(2) Denial; Grounds for Deniala A license for
a masseuse or masseur may be denied upon
any one (1) of the following grounds:
a. Fraud or deception in the license
appZication;
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b, The applicant has a history of viola-
tions of laws and ordinances that
apply to health, safety or moral
turpitude;
c. The applican•t is of bad repute;
d. The applicant has been convicted of
crimes or offenses involving sexual
misconduct; "
e. The applicant, within five (5) years ~
prior to the date of application wa's
denied licensure as a masseuse or
masseur or had his or her license
revoked or suspended in or by any "
community or political subdivision
of the State of Minnesota or by the State of Minnesota; . In the event the City Council denies the
application, the Clerk-Administrator shall
furnish the applicant with a written docu- ~
. ment advising him or her of the denial and
specifying the factual bases and reasoning '
upon which the denial was predicated. No
application for a license which has been
denied by the Council shall be resubmitted
fox a period of at least one (1) year £rom
the date on which the application was,
clenied.
Section 9.^ Construction, 1Kaintenance, Operational and
Employment Requirements.
(a) Construction. (1) Separate Facilities. Each establishment
licensed hereunder sha11 have a separate
rest room for each sex and in the case of
a massage or sauna parlor, but excluding •
a rap parlor, the establishment shall
have in additiora separate shower, locker
room, aaassage room, dressing facilities,
steam rooms, and sauna rooms--each clearly
marked as such--for each sex.
(2) Size of Sauna and Massage Rooms. Sauna
rooms and massage rooms shall each have
a't least fifty (50) square feet of clear
floor area. Massage rooms shall be
. equipped with cabinets for the storage of
soiled linens.
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(3) Doors. Doors to all rooms on the prem-
is se of a sauna, rap or massage parlor
sha11 be incapable of being locked frorn
the exterior or interior with the
eexception of the front and rear access
c3oors.
(4) Construction Niaterials for Sauna Rooms,
Locker Rooms, Rest Rooms and Bathrooms.
A sauna roams, locker rooms, rest rooms and bathrooms used on the premises sha1Z
be constructed of materials which are
impervious to moisture, bacteria p molcl or
fungtas and xnust be kept in a sanatary
. condition. The floor to wall anc7 wrall
joints shall be constructed to provide a
. sanitary cove with a yniraimum radius of .
one inch. •
C51 Rest Rooms. F,11 rest rooms in a sauna,
rap or massage parlor shall be provided with mechanical ventilation with 2 cfm per square foot of floor area, a hand
washing sink equipped with hot and cold
running water under pressuxe, sanitary
towels and a soap dispenser.
(6) Illumination. All rooms in the licensed
preiaises shall be illixminated with not
less than 30 foot candles of illumination.
(7) Janitor°s CToset. Each establishment shall
have a janitor's closet which shall provide
for the storage of cleaning supplies. Such
closet shall have a mechanical ventilation
witll 2 cfm per square foot of floor area.
Such closet shall include.a mop sink.
(8) Locker Facilities--Sauna or Massage Parlorso ~
. Sauna or massage parlors shall be equipped
with locker facilities for use by patrons.
Sufficient facilities shall be furnished so
that each patron will have a separate com-
partment available for the storage of
clothing and valuables. Each such locker
. shall be capable of being locked by the
patron. Cb). Maintenance and Operation.
(1) Massage Tables. All rooms-in a massage par-
lor shall be equipped with massage tables
having a hard surface impervious to liquids
with a width of no more than three feet and
a length of no more than eight feet. Such
tables may be equipp'ed with either non-
disposable pads or coverings or disposable
coverings not more than two and one-half
inches thicl:. Nondisposable pads or cover-
ings shall be removable, impervious, and cleanable.
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(2) Beds Frohibited--Rap Farlorse No beds,
so as, couches or other furniture upon
which one can lae prone sha11 be
permitted in any rap parlor.
(3) Refuse Receptacleso Any establishments
licensed hereunder shall at a11 times be
equipped with aclequate trash receptacles
vahich shall be empti.ed on a regular aaid
recurring basis.
(4) Display of License to Operate. The ].icense to operate the establishment
shall be prominently in public display
on the premises at all times during the
hours of its operation.
(5) Hours of Operation. The licensed premises
shall not be open for Tausiness nor shaYl
patrons be permitted on the premises between the hours of 10:00 o'clock P.M.
and 8:00 o'clocTc A.M. of the succeeding
' day.
(6) Occupancyo ur Guest Re_qistero The licensee
shall be responsible-for maintaining an
occupancy or guest'register bv which each
patron of the sauna, rap or massage parlor
must register his or her name,gPdddress and
phone numbero and each Iicensee, or person
in his employ, shall require each patron
to furnish.identification de~ ~ibing and
identifying his correct name,~dddress and
phone number. Such occupancy or guest register shall be available for inspection
at all times by officers, employees or
agents of the City or any other agency or
political subdivision of the State of
-Minnesota or IInited States Government.
Occupancy or guest registers must be kept
by the licensee for a period of not less
than two (2) years after- all of its pages
' have been filled.
(7) Inspection by Cgty Officers and Identifica-
tion of Employeeso Licensee shall allow
his entire premises to be inspected by the
building inspector, health otficer, any
police officer or member of the fire
department,•and any other officer, eanployee
or agent of the City or any othex agency of
any political s bdivision, the State of
Minnesota, oar a ency of the United States
Government. Up n demand by any police
officer, any pe son engaged in providi_ng
services in any licensed premises shall
identify himsel by giving his true legal
name and his co rect address.
(8) Desi nation of anager. If the licensee is
a partriership o a corporation, it shall
designate a per on to be manaqer of the
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business e Such petson sha11 remain gespousible for the conduct of the business until another single person has been designated
in writing by the licenseee Z'he licensee shall promptly notify
the Clerk-Adminis[rator in writing of any such change indfcating
the name and address of tt?e new manager and the effective date of such
change.
(9) List of Egnployees. Tine licensee shall furnish the Clerk-Administrator
with a list of current employees indicating their names and addresses
and designating the duties of them. Licensee sha11 promptly notify the
Clerk-Administratox of any additions or deletions in the list of
employees or changes in their job descriptions or duties aad furnish
the Clerk-Administrator with the new names and addresses and eff ective
date of these additfons. .
(10) Maintenance in Sanitary Condition--Sauna and Massage Parlors_. In
the case of sauna and massage parlors, the licensed premisea must
be kept and maintaiaed in a sanitary condit3on, and all equipmenC,
personal property, tables, beds, towels, clotk?ing and the like shau
also.be maintained in a sanitarq coadition.
(11) Health and Disease Control--Sauna and Massage Parlorsm 1Vo person,
while afflicted with any disease in a eomnunicable form or while a
carrier of such disease or while afflicted with boils, infected wounds,
sores or any acute respiratory infection shall work or provide servlces
in any massage or sauna room, and no person known or suspected of
being afflicted with any such disease or condition shall be employed
or permitted in such area or capacity.
inors Pro ibi tecle
`12) 3gn'teen (18) years of age shall be permitted upon
or allowed to be employed or to serve in the massage, rap or
sauna parlor.
(13) Possession of Alcoholic Beverages or Narcotic Drugs Prohibited.
No alcoholic beverages, narcotic drugs or controlled substances
shall be kept, possessed or maintained upon the premises of.any massage,
rap or sauna parlor.
(c) Employment.
(1) Clothing Covera e. All employees of any establishment licensed
hereunder, and customers thereof, shall have at all times
their breasts, buttocks, genitals and anus covered by a. noa-
transparent material.
(2) Necessity of Personal Service Licenses--Massage Parlors. No massage
parlor license hereunder shall employ or utilize any person as a
masseur or.masseuse unless such person is licensed by the City.
(3) Display of Personal Service License--Massage Parlor. Any person
acting as a masseur or masseuse in a massage parlor licensed hereunder
shall have his or her license or a true copg thereof displayed
in a prominent place on the licensed premises.
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(4) Same Sex Attenclants--Sauna and 14assage Par- ,
lors. With respect to sauna and massage parlors licensed hereunder, male sauna
employees or attendants and masseurs shall
attend to, assist or othercaise serve only
male patrons and female sauna employees or
attendants and masseuses shall attend,
assist or otherwise serve only female
patrons. _
Sectbon 10. Revocation or Suspension of License. Any licezase
granted hereunder may be subsequently revoked or_ suspended, or not
renewed by the City Council upon its finding that the licensee or
its oi,mers, partners, managers, employees, agents or any of its
interested parties have engaged in any of the following items of con- duct:
(a) Violation of any of the requixements of this
Ordinance;
(b) Fraud, deception or nuisrepresentation in con-
nection with securing the license;
(c) Habitual drunkenness or-intemperance in the use
of drugs defined in M.S.A. Section 618.01,
barbiturates, hallucinogenic drugs, amphetamines,
benzedrine, dexedrine or ather sedatives,
depressants, stimulants or tranqnilizers;
(d) Conduct inimical to the interest of the public
health, safety, anorals or welfare; (e) Failure fully to comply with any of the require-
ments of any ordinance, rule, regulation, Iaw or
statute of the City or any other governmental
subdivision of the State of Minnesvta, or the
State of Minnesota itself, or the United States
Government;
(f) Material variance in the actual plan and design
of licensed premises from the plans and specifica-
tions submitted to the City along with the appli-
cation;
(g). Conviction for any offense involving moral
turpitude or sexual misconduct; and
(h) OperatiAn without a license as required herebye
The licensee may appeal such suspension, revocation or non-
renewal to the City Council. The Council shall consider the appeal
at the next regularly scheduled Council meeting on or after ten
(10) days from service of the notice of appeal upon the Clerk-
Administrator. At the conclusion of the hearing, the Council may
affirm the suspension, revocation or nonrenewal of the license;
reinstitute or renew the license; or impose a reissuance of the
license upon such additional terms, conditions and stipulations
which the Council may, in its sole discretion, impose. The factual
bases for any denial shall be Set forth in writing and mailed to
. the licensee by the Clerk-Aclministrator.
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Section 11. Violations; Penalties. Whoever daes any acts
forbidden by t.his Ordinance or oriits or fails to do aray acts
required by this Ordinanca shall lbe guilty of a misdeineanor, and
every person who commits os attempts to commit, conspires to
comcnit or aids and abets in the coaamissaon of any act constatutinq
aviolation of this Ordinance or any act, whach constitutes an
omzssion and therefore a-violation of this Ordinance, whether individual.ly or 3.n aonriectfan with one or more gaersons or as pxin-
c3palo agent or accessory, shall be guilty of such offense and
every person who falsely, framdulently, forcibRy or wi].1fully •
induces, causes, coerces, reqnires, permits or directs another tQ
vi.olate •any of tlle provisions of this Ordiaance is likewise gui].ty '
of such offense and is guilty of a misdemeanor. Each da.y that a
violation exists constitutes aseparate a.nd distinct offease. Section 12. Severabilit . If any part or sectiom of th3.s
Ordinance is e inva i or suspendecl, such iravalidity or suspen-
siora shall not app7ly to any other part hereof, and t.he remain8er
of this Ordinance sha].], remain in full force and ef€ect.
Section 13. Effective Date. This Ordinance shall be in
full force and effect from ansl after 3ts clate of pubYication. .
. _ . . . . _ . . ___.~.a.__._
Section 14. Izxco oration into Arclen Hills City Codeo The
provisions of this Ordinance shall be inclu ed and incorporated in
the Code of Ordinances of the City of Arden Hills as an addition
or amendment thereto and shall be appropriately reniunbered to
conform to the uniform numbering system of that Code.
Passed by the Arden Hills Citgr Counci], this day of
, 19790 .
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Henry J., C , Jr. ,
' Mayor
Attest:
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Chaxlotte McNies ,
Clerk-Administrator •
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STA°3'°E OF MIi+TNESATA
CotgNTY OF RAMSEY
cZTt oF ARDEN HiLLs
ORDINANCE NO. .
IN OI3DIPiANCE IaEGOLATIKG THE 0PERATION OF MASSAGE,
RAP AIJD 3AANA BARLORS AND INDIVIDUALS PROVIDING
SERVICES AT TMr 1tEQipIRINC LICENSES TO OPERATE SUCH ESTABLESSCNT3 AND TO-1'ERFORM SEItVTCES THERE;
Fa30VIDI111G STANDARDS FOR THE C4NSTRUCTION, OPERA-
TION AND MAINTENANCE OP' SUCH ESTABLISFLMENTS o AND
ESTABI,ISIIYNG PENALsTIES F'OR THE VIOLATION TI3EREOF .
' The Cifiy Council of Arden Sil1s ordains:
Section 1. Statement of Polic ; I,imitationon Number of
Licenses. The City Council of t eEty of Arden Hills finds that ;
sauna, rap and massage parlor enterprises are susceptible of
operation in a manner which contravenes, subverts or endangers ~
the morals of the comunity and thus require close inspection, J
regulation and licensinq by the City. Such enterprises aZso have
~the potential of beinq places where disease may be transmitted. ~
Accordinqly, the City Conncil deems it necessary to provide for
~ the special regulation of such enterprises in order to protect
the public health, sagety and welfare and to guard against the '
~s inception and transmission of disease. '
Because requlation of euch enterprises will require inten--
sive efforts by the police departffient and other departmenta of
the City and, as a consequence, the concentrated use of City ser- vices wi].l detract from and reduce the level of service available
~ to the rest of the coamunity, thereby diminishing the ability of
the City to promote the general health, safety and welfare ot the
community as a' whole, the` City Council hereby determines that
only two (Z) licenses for the ogeration of a sauna, rap or massaqe.
, parlor, or any combination ithereof, shall be in £orce at any one
~ time.
Section 2. Definitions. As used in this Ordinance, the
ternis defined in t s Section shall have the meanings ascribed to
them unless the context requires a different meaning.
~
(a) Massa e. "Massage" means the rubbing, stroking,
; lcneading, tapping or rolling of the body with the hands
or other devices or ampl.ements, for the -excl.usive pur-
pose o£ xelaxation, physical fitness or beautification,
and for no other purposes.
kw (b) Massage Parloro "Massage Parlor".shal2 mean
, any room or rooms where any person for a fee may
receive from another person a massage, or any room or
rooms from which a masseur or masseuse is dispatched by
telephone or otherwise, for the purpose of giving a
massage. ~
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(a) Massetit. °1?1asseur" means a male person who
practices massaqe.
(d' Masseuse. pMasseuse" means a female person.
who pract c- e neassage.
(e) Operate. "Operate" adeans to own, managre,
aclaainister or conductm
(f) Pereon. "Person" shall mean any indlividual,
corporat on, partnerahip, association, organizatian,
proprietorsh3p, #ian or association.
• (9) l~a . 'Ragp means t4~e service of engagzng. in
or listening to conversstion, talk or discussion between an employee pf the estab].ishment offering
euch.bervices ancl A CU3tOmeP thereof, for a fee.
(h) Ra Parlor. "Rap Parlor" means an establish- -
ment advert s nq, offerinq, selling or perforsaing sap
to or for members of the public or a private c1u2a, regardleas of whether other goods or serv3ces are also
simultaneously advertised, offereda sold or perforYaed,
and regardless of whether those other goods or ser-
vices are also xequized to be 1ibensed.
~
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(i) Sanitary. "Sanitary" means free front the
vegetative cells.of pathogenic microorganisms. '
Ml Sauna. "Sanna" means and includes a steam
laath oi heat bathinq room used for the purpose of
bathing, relaxation or reducing, utilizing steam or
hot air as a cleaning, relaxing or reducing agent, and
for which a fee is charged.
(k) l Sauna Parlor. "Sauxia Parlor" means an estab-
lishment advertising, offering, or selling sauna to or
for members of the public or a private club, regard-
less of whether other qoods or services axe also
simultaneously advertised; offered or sold, and regard-
less of tahether those other goods or services are also
required to be licerased. .
Section 3. Licenses Required.
(a) Business License. No person shaZl operate,
directly or in irec y, upon anx pretense or by any
device within the City any sauna, rap or massage
parlor, for which any charge or fee is anade or any
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money ar thing uf va1ue i~ ~olicited air received,
without beirag liaensed therefor by the City puxsuant
to the provisions of this Ordinance. A].icense raust
be obtained for the place of business 'at which the
saunae gap or massaqe parlor business is to Le
operated. A licerase is not txansferable to any other
person or preaeises. No more than two (2) business
licenses issued hereunder may be im fmrce at any one
time e
(b) Personal : ei°zrice License; Masseurs-and .
Masgeuses. No zaasseur nor masseuse s all perform o?e . .
a inistesc massages ianless he or she has a valid permi.t
issued purauarat to the provisions of ihis Ordinance.
~Personal service licenses issued to masseurs or ma?sseuses hereunder are not txans£erable.
(c) Exceptions. ;
(1) massage Distsnguished; Incidental Massaqe.
The practice o£ massage s hereby declared
. to be distinct from the ractice of raecli-
cine, surgery, osteopathyc, chiropractic,
physical thexapy or podiatry and persons
ciuly licensecl in this State to practice
such disciplines, aurseslwho worlc solely
under the direction of ahy such persons,
and establislmerats at which such discip-
lines are practiced are hereby expressly excluded from the provisions of this Ordin-
ance. A3ass$ges performeo incidental to
. athletic or physical training programs operated by athletic clubs, sports and.
healtYi clubss public or private educa-
. t$onal institutions, or athletic teams, or
qiven by manicnrists, beauty culturisics, '
hairdressers or barbers incidental to the
beaotification services custoanarily anci pximarily provided by them, and the shops,
places, estah].ishments o' r locations at which such incidental massages are provided,
. shall likewise be exempt;from the provisions
of this Orclinance.
~
(2) Incidental Saunaso A li?cense shall not be
required under the proviss:ons of this
Ordinance for premises olh whi.cla saunas, but
not massages, axe provid'ea incidental to
the use of exercise andirecreational equip-
ment and facilities sit4ated on the same
prem3ses provided that the sauna facilities
occupy a floor area equivalent to not more
than ten percent (10%) oif the tloor area
used for the exercise and recreational
equipanent arad facilities. Lakewise, no
license is required hereunder gor hotels,
aaotels, rooming houses, apartment buildings,
office buildin_qs, and cqndominiums in which
saunas, but not massage:#, are provided
incidental to the rental of rooms or apart-
ments or the ownership thereof and the use
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of the sauna facilities is lis+aited to
tenants or the owners of the building or
structure within which the sauna facili -
ties are located.
(3) I*sSage or Sauna Parlors'Operated by Certain
Non-Profit Corporations oir Associations. Any
nassage or sauna par or.operated y a non-
profit corporat3on or association shall be
exempt froia the provisfons of ttais Ordin-
ance provicled, however, tlaat such cosipora-
tion or association is duly organizedlunder
the lawa of the State of lviinnesota for
cieic, fraternalo charitable, social•or
buainess purposes; has mare than fifty (50)
membersy has for more than two (2) years
prior to application owned, hired or leased
a build3ng or space in a,building of such
extent and character as nday be suitable and
adeqaaate fog the reasonable and coanforta}ale
accom~t?oclation of its raembers; has a board .
of directors, executive oommittee or other
similar body chosen by its members at a
meet3ng held for that purpose which estab- ~
lishes its policy and manages and conducts
its aftairs; ancl prohibi" its members, -
officers, agents or emplqyees from being directly or indirectly compensated by way
' of profit for .the services offered by the
corporation or.association to the members 1
or their guests beyonr3 the amount of such reasonable salary or wagos as may be fixed
and voted each year by the directors or
other governinq body. .
-Section 4. A lication; Contents The'eof. An application
for a license requ re ereun er s a be ma e to the Clerk-
. Administrator, or to a person designated by the Clerk-Administrator,
on such forms as the Clerk-Administrat.or may.'from time to time pro-
vide. At a minimum, the form shall contain the information xequired
in the following subsections of this Section';,4. Any falsification
of information on an application shall be cause for denial, suspen-
sion or revocation of a license issued or to'be issued hereuaider. (a) Business License. Every application for a busi-
ness liCense required under this Ordioance shall be made
to the City Clerk-Administrator on su~h forms as he may
from time to time require. In acldition to such informa-
tion as the Clerk-Administrator may require in such
application form, it shall also include at a a+ainimum the following items of information or docrr,Ammentation:
(1) Whether the applicant is;a natural person,
a corporation, a partnership or other form
of organization.
(2) If the applicant is a natural person:
a. The true name, place ancl date of birth,
street address and phone number of the
applicant;
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b. Whether the applicant is a citizen of
the United States;
c. Whether the app].icant has evex used
or has been Dcnown by'a name othex
than its true name, and if so, what
. was such name(s) and'information eon-
cerninq dates and glAces where used;
d. The nama of the busaness if it is tcr be canducted under a name or style
. other than the fu11 tndividual name
of the applicant in which case a•
certitied, copy of tho certification
required by M.S.A. Chapter 333 shall
be attachecl to the application;
ee .The street addresses at which appli- ,
cant has lived eluring the preceaing
. £ive (5) years;
f. The kind, name ancl location of evegy business and occupatibn the apglicant
has been engaged in during the precec3-
i:ag five (5) years;
g. The applicant's occupation for five ;
(5) years preceding the date of his {
or her application; .
h. Whether the applicant has ever been
convicted of any crime and if so,
the nature of such crime, the time and
plaae at which it occurred, the date
of conviction, the place and lenqth
of inearceration, and such other ;
information as the Clerk-Adnainistra-
tor may request from the applicant;
• i. Three (3) phatographs of the applicant,
showing the front of his or her face
and each sic3e of his, or her head, not less than thirty (30) days o1d and at
least two inches bg;two inches in size;
j. A physical a3escripti on of the applicant;
k. If applicant is applying for a business
license to operate a massage parlor,
whether the applicant has had any train-
ing or experience irt performing massage
services, and iiE soy the nature and
extent of such experience and educatioa and
including any diploma or certificate of
graduation which the app2icant has received
from an educational institution.
. ,
l. If the applicant islapplying for a busi-
. , ness license to operate a sauna or massage
parlor, or both, then a certificate from a
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licensecl/physician indicating tYaat the
applicant has been exami.ned less than,
tlzirty (30) days prior to the applica-
tion and has been found free of
comaaunicable diseases.
(31 If the applicarat is a partnership:
a. The names and addresses of all partalers
and all 3nforiaation concerning each
partner as is requf.red of an individual,
applicant in subsection (2) hereinabovet
b. The name and address of the managinq
partner(ss) and the interest of each
..part.rser in the bus ines s;
c. Iai true copy of the Partnership Agree-
ment, attached to the appla.cation, as
well as.a certified copy of the certifi-
cation as to trade name required by
' M.S.A. Chapter 333;
(41 If the applicaait is.a corporation or other
organization: .;d
a. The natne and, if incorporated, the
jurisdiction and date of incorporation;
b. A true copy of the certificate or
Articles of Incorporation, br Associa- tion Agreement, and the By-Laws or
Constitution thereof attached to the
application, and, if a foreign corpora-
tion, a Certificate of Autfiority as
. , described in M.S.A. Chapter 303 like- ~
wise attached; .
c. The names and addresses of all stock-
holders, directors, officers, associates,
managers, and agents,of the corporation
and all infonaation concerning them as
is required in subseotion (2) herein-
above;
d. A list of all persons who controZ or own an interest in excess of five per-
cent (5%) in such corporation or
association;
- e. If the applicant is a non-profit cor-
poration; a list ot all iuembers thereof,
whether the applicant has for more than two (2) years prior to application
owned or leased a building or space in
a building suitable and adequate for
the accommodation of its members, and
a statement of the purposes for which
. the corporation was incorporated.
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(5) Whether the applicant has ever operated a
saurta, rap or nassage parlor within the
. preceding five (5) years, and if sa,
whether a license therefor was ever clenied,
revAkec'l or suspended, explaining the
reasons for such denial, revocation or saspension.
(6) Whether the applicant is licensed in other
comunities to operate similar businesses,
' and if so, where. .
(7) The nataes and addresses of all agents or
employees of applicant who will perform
servfcea therefor in the City, and trie
nature of services to be performed by
. each employee; the names, residence and
business addresses of five (5) residents
of the metropolitan area of the State of
Minnesota, of qood moral character, not related to the applicant or financially interested in the premises or business,
who may be contacted regarding the appli-
cant'e or manager's character.*
(8) A specific description mt all services to
. be provided on the premises to be licensedp ~
a detailed description of a11 equipment
and furniture to be used in the operation ~
of the businesso a legal and street ~
adSress description of the premises pro- 1
gosed to be licensed. '
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(9) Names and addresses of all creditors fur-
nishing credit for the establishment,
acquisition, maintenance and furnishing of
tI1e proposed business. j
a
(10) Eatablielnnent of applicant's interest in
premises.by furnishing true copies of .
lease, deed, contract far deed, mortgage '
. deed, mortgage, credit arrangement, loan aqreements, security agreements and any
other documents°. (11) Blueprints, diagrams, plans, layouts and
the like showing the construction, revision,
remodeling, alteration or additions of or
. to the premises and specifically showing the layout, design and arrangement af all
of the rooms, halls and facilitaes.
(12) Ari ownership-report, prepared by a licensed
abstractor, indicating the ownership of a12
parcels within 500_ feet of the premises
sought to be lieensed, accompanying the
application.
(13) , Such other information as the Clerk-
Administrator ar the Council may require
from time to time.
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(b) PersoEl.al Stc 3:viC:c LiC:eITsP.3 N Mc° s-Ca'1J.7:-s aT`ad M.a;37
seuses. Agp3~.~~~ ~ for massex or masseuse. li.ce,~es
provi~.~d for %n this Ordinance shall be mac:e L.~ the
City Clerk-Ad-mirristrato*° on such forrqs as he r?.~~~ ~~om
time to time pgovide. In ar3da.tiorx to such a.nfonaation
as the Cler}c may require, the applicatian stia11
iracl.ude or be accompanied by :
(1) All of the inforanation required und-er
Subseetion Qay (2).
, (2) Whether the appYicax4t has ever had a
' similar license deraiecl, revoked or
suspended, exp].aining the reasans" for
stxch denisl, revocation or suspension.
(3) 4,Thhat other commaanities the applicant
has been .5,icensed by during the pre- .
ceding f ive (5) yearsm
(4) Written proof of age in excess of 18 .
years. :
(5) R diploma ox° a certificate of graduatiomm
from tYie educational institution at which
tYie applicant received instruction on
the theory, method, or work of massage--
if applicarat has received one.
(6) A certificate from a licensed physician
that the applicant has been examined
less than thirty (30) days prior to the i
application ancl has been found free of ;
communicable diseases. (7) Name and address of the licensed massage
establishment by which the applicant '
expects to be employecl.
(c) Verifications. A11 applications for licensesa
. whether buslness or personal service, shall be verified
as to all information contained tkaerein being true and correcte If the appli.catiora is made by a natural persoaa,
it shall be signed and the verification sworn to by such
person; if by a corporation, by an officer thereof; if •
by a gartnership, by orae of the partners thereof; and if
by an tinincorporaited assocation, by the manager or
managing officer thereof.
(d) Changes in Application Information. It shall be
the continuing duty of each licensee promptly to notifgr
the City Clerk°Administrator of any change in the
information or facts originally furnished or required to
be £urnished in or along with the application for the
license. This duty shall continue throughout the period
of such license, and failure to comply with this sub-
paxagraph shall constitute cause for revocationo suspen-
sion or non-renewal of such license.
Section 5, Tnvestigation; Investigation and License Fees;
I,icense Application Year.
• (a) Investigation.
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~1? Busirtess License. A11 applications for a
Fu-sltaess license, and all in£drmatian or
documentation accompangri.ng tl~~ same, shall
be referred by the Clerk-Administrator tv
the police department, fire s3epartmerat,
buileling inspector, planning commission,
liealth offacer and sueh other comnittees,
coa~te3ssionso departments or officers,
consultants and employees of the City
and any other local, stage or federal
governmental agencies as the Clerk-
Administrator shall deem necessary for
verification and anve5tigation of the
facts as 9et forth in ttae applicatioh.
Each of the departments, officers,
eosaaissions, eomaittees, consultants,
employees or agencies to whom the
appAication and accompanying materials .
have been referreel shall make.a written
recommendation to the City Council as
' to whether the license sought should be
issued or denied within fortv-five (45) .
days of the date og the application:
(2) Personal Service Licerases; N!asseurs and
Masseuses. A1 applications for personal
servi ce icenses hereunder, ineluding
iraformation or documentation accompany- ~
ing the same, shall be reviecaed by the
Clerk-Administrator and referred to and
reviewed by the police department arad ;
such other departments; commissions, '
committees, officers, consultants, and ~
employees of the City and such other
goverr~nental agencies as the Clerk-
Administrator shall deean necessary for
the verificatian and investigation of
the facts set forth in the application.
Each of the departments, officers, ,
comaissions, committees, consultants,
' employees or agencies to whom the .
application and accompanying materials .
have been referred shall make a written
recommendation to the City Council as
. to whether the license sought should be
issued or deniecl within thirty (30) days
of the date of the applications
(b) Investigation Fees.
(l) Business License. At the time of the
filing of the original applicatson for
a business license hereunder, the
applicant shall pay an investigation fee
of $1,500.00.
(2) Personal Service Licenses. At the time ;
of the filing of the original applica-
. tion for a personal service license, the
applicant shall pay an investigation fee '
of $100.00.
1
(3) 1Von-Refundable. No investigation fee - ~
shall be refundecl to the applicant. '
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(C) LicesBe Fees. At the time of filing t.he ~
application. `or a ic sen e hereunder, the follo~ring
license fee, or a pro-rmted portion thereof, shall
be paid by the applicant:
(1) Bus3ne;as License. The annual fee for a
usiness lacense shall be $3,000.00.
(2) Personal Service Lieenses. The annual
ee for a masseur os massiuse license
shall be $100.00.
(3) Refundable. Upon denial of an applica-
t on for a license, the City shall
promptly refund to the applicant the
amount paid. No other refunds shall be
made. . . .
(d) License Year. Ariy license issued hereunder ahall
be'sffective or e calendar year and shall thus expire
on December 31 of each year unless previously revoked.
Section 6. License Renewals. ~
' (a) Necessit for A lication. The licenses required
hereunder are va id for the ca endar year only. Accordingly,'
application must be made each year for a new license for the ensuing calendar year, „
~
(b) Manner and Type of Application. A licensee seek-
ing to renew a bus ness or personal service license
issued hereunder shall malse application in the manner and ~
with the type of application specified in Section 4 rela- ~
' ting to original applications. • .
.
~ (c) Ti.me of Iter?ewal A lication. Applications for ,
~ a license renewa must be submitted to the Clerk-
~ Administrator at least sixty (60) days in advance of
l.icense expiration. ,
~ Section 7. LicensingProhibited.
I+ . (a) Husiness License. No business license for the '
~ operation o a sauna, rap or massage parlor shall be ~ issued.to an applicant where any of the fol].owing circtBa-
stances, which axe readi].y ascertainable by the Clerk-
~ Administrator, exists:
La _
(1) Zoning Distrzct. The premises at or on
~ which the sauaia, rap or massage parlor
is to be operated is located in a zoning
' district wathin the City other than R-B
or G-B.
~a
(2) Distance fxom Other Similar Establisrunents.
The premises st or on which the sauna, rap
or massage parlor is to be operated axe
located within 500 feet of another sauna,
~ rap or massage parlor.
;
" (3) Distar?ce frorn Residential Zoning District,
Etc. The premises at or on which the
sauna, rap or massaqe parlor is to be
operated are located within 500 feet of
any residential zoning district, a church,
a nursery, an elementary schoolo a junior
high school, a high schoolo or any estab- '
lishment frequented by juveniles. ~
-
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(4) Denial or Revocation of Similar License.
Wi in f ve 5) years prior to the date
oP applioationo the applicant has had a
similar license denied or revoked,
(b) Personal Service Licenses. No personal service
license sha issue to a anasseuse or masseur in the
event she or he is under the age of eighteen (18) years
or is an al_keD. (c) Clerk-Adeiniatrator's Denial of A lication. Ira
.the event t e C er A n strator has determine that . the appgicant is not ent3.tled to a license by virtue of
the foregoing snbsections of this Section 7, then he
shall,promptly after making such determination notify
' the applicant in writing that the application has-been
denied, sgecifying the reasons for the deni,al. (d) Appeal by Acrarieved Applicant. In the event an
. applicant has een adv3.sed by the Clerk-Administrator, ~
pursuant to the previous subsection of this Section 7,
that his application has been denied, he shall have ten
(10) days to appeal the denial-tQ the City Council. Yn I
the event he doea not timely file his notice af appeal ~
with the Clerk-A,cbninistrator by the end of said ten (IO)
day period, he shall no longer be entitled to appeal, '
his appeal right havfng been waived. (e) Counci2 Procednre. HThen a notice of appea]l has
been properly an tune y filed with the Clerk-Administra- ~
tor, the City Council shall consider the aggrieved- applicant's appeal at a Council meeting within the next
thirty (30) dayg of the date of the notice's filing. .
The purpose of the hearinq shall be limited to the question of whether the Clerk-Administrator had suffi- '
. cient groun8s to deny the application under bubsections ~
(a) and (b)- of this Section 7. Based upon the facts
adduced at the hearinq, the Council shall either affirm
the decision of the Clerk Adtainistrator denying the license application o* remand to the Clerk-Administrator
for further ineestigation and report back to the City
Council within no more than forty-five (45) days £rom
the date of the Council meeting in the case of an appl.ica-
tion for a business license and thirty (30) days in the
case of an application for a personal service license.
Section 8. Grant or Denial of Licenses.
(a) Business License.
(1) Notices of Hearing. In the case of an
app aicl t~on for a business license, the
Clerk-Administrator shall schedule a
public hearing thereon no later than sixty
(60) days after hzs receipt of the applica-
tion an8 accampanving documentation. The
Clerk-Administrator shall cause to be
. published in the official newspaper of the
City at least thirty (30) days but not
. more than forty-f ive (45) days prior to
~
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the elate of the pub1ic hearin~ a nota.ce
degeribing the nature of the business
proposang go be licensed and its location
aamd setting forth the date, time, place
and purp9se o£ the hearing. Tn addi tiona
the Clerk-Administrator sha7.1 mail a
si.milar notice at least fi£teen (15) days
' prior to the date of the public hearing to
j each owaner of pxoperty located within
i _5601feet of the gremises which are. the
°
.esubject of the applicationa A capy of the
~ notice and a list of the names and
, adclresses of the persoas to whom it was
sent Bhall be attached thereto by thei
Clerk-Administrator and shall be inade apart of the records o£ the proeeedings, V The failnre to giva maiY, noti.ce to
' individnal property owners shall not .
~ invalidate the proceeding providing a laona ~ fide'attempt to camply with this subsection
~ has been aaarle. ;
;
~ (2) Publie Hearin . The City Council shall '
" con uct a pub].ic hea.ringa The agplicant,
or hia representative, shall be given the opportuaiity to appear before the City '
Conncil to present reasons whgr his applica-
tf.on ahould be granted and to answer
questioras of the Councilmen and members of ~
the pubZic. A11 persons in fanor of, '
} opposed to, or a.nterested in the app].ica-
Lf tion will be heard. The City Council-may
V, adjourn the public hearing to its next '
meeting, either regu7.ar or special, and
~ may continue its study and consideration '
of the application at meetings subsequettt
to the zneeting at which the public hearinq ,
was initially held. .
(3) Considerations. The Ci.ty Council shall
~ • cons er, ia eterminina whether to grant,
~ denyti or renew a license, the
effect of the proposea establishment upon
V: the health, safety, convenience, morals
~ and general welfare of the ocaners and
oceupants of surrounding groperties in
particular and the comnunity as- a whole
ancl at a minianum the fol].owing factors -
~ a. The character and suitability of the
` area anct neighborhood in which the
~
proposeel- establishment-is to be
located;
b. Traffic congestion and parking prob-
lexus ;
~
w
c. Reasonably anticipated likelihood of
. . excessive noise, disturbances or
~ fighting by persons in or about the
• proposed establishment;
~
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dl. The applicant ° s bacZ:ground and exp~ri-
ence in the activs.ty proposed ta be
licensed, and thus the applicant's
ability or fitness to perform th.e
duties and discharge the responsi- '
bilities of the progsosed activa.ty to
be licensecl;
e. A1'tiether the applicaaat either directly
or indirectly has had a 1icense for a
similar activity revvked or suspe'nded
in another conmuaiitg or political
su.bc3ivision in the State of Minnesota ;
f. Whether the proposed establishment
and the preiaises on which it is to be
operated meet the.health, safety, saa3tary and building requirements of.
the City includinq those reqviremer?ts
set forth ira this Ordinance.
(4) Denial= Grounds for Denial. The City Council
may, deay an agplication for the issuance ~
or renewal ~ lof a business license on
the basis of a deternnination that the public
health, safety, morals ar welfare would be ~
advessely affected by the proposed establish-
ment talcing into account any one or more of
the facts or circtunstances set forth in sub- ~
section (a) (3) hereof and shall deny such i
application upon finding any one or more of
the following conditions to exist: .
a. The applicant or any one of its owners;
partners,idgrectors, stockholders,
officers, managers, employees, aqents
or fnterested parties are persons of ,
bad repute;
b. The applicant or aray one of its owners `
partnerso directors; stockholders, ,
officers, managers, employees, agents
or interested parties have been con- victed for offenses which involve
=ral turpitude or which relate
directly to such person's ability,
capacity or fitness to perform the
duties ancl discharge the responsibili-
. . ties of the licensed activity;
I
c. The applicant or any arae of its owners,
partners; directors, stockholders,
officers, managers, employees, agents
or interested parties has had within five
(5) years lof the date of the applica-
tion been denied a license for a sianilar
activity to the one sought to be
licensed or had such a license revoked
or suspended in or by any community or
political subdivision of the State of
.
- 13 - ;
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Miranesota or by the State of Minr~~~ota
itsself.
d, The applicant has nof fu].ly and trut'r?-
ful.ly ans`aered al]. or the information
required by the apgalication.
In the event the Council denies the apg]lica-
tion, the Cl.erk-Administrator shaYl fugnish
the applieant with a written document.advis-
inq him of the denial and specifying the
faetUsl bases and reasoning upon which the
clenial was predicated. No application for a
license which has been denied by the.-Council
shall be acesubmitted for a pericaci of at least
_ one (1) year fronn the date on which the
application was denied. .
(5) A roval; Iaa osition of Conclitioras. The
Council may approve an app ;icat for the
. issuance = - . ~'Qk._reiiewal of a license
on the basis of a cletermi.nation that the
ptablic healtho morals, safety or welfare will
. not be adversely affected by the praposed
establislment, taking into account one or
more of the factors set forth in subsection
(a),(3) hereinal,ove, and in granting. _ r: ,a0 or renewiftg a license may impose i
such reasonable conditions and restrictions
on the manner and circumstances under whi,ch the licensed activities are ta be operated
so as to presergre the pulalic peace and. pso-
tect the public healtho morals, safety anrY
welfare. ~
• (b) Personal Service Licenses; Masseurs and masseuses.
(1) Procedure. The C1erk-Aclministrator shall
place any application €or a personal ser-
vice lieense hereundes on the agenda of a
. meeting of the City Council no less than
i forty-five (45) days after the date of the appyi-
. &a.rbAd=.; When the nqatter comes before the
Council, the applicant, or his representa-
tiveo shail be gi.ven the opportunity to
appear before the Counci2 to answer ques- '
tions ancl give explanatians regarding the
proposed licer?sed activity. (2) Denial; Grounds for Denial. A license for
a masseuse or masseur may be denied upon
any one (1) of the followin,g grounds:
a. F'raud or deception ira the license
applacation;
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b. The applicant has a history of viola-
tions of laws and ordinances that
spply to healtho safety or moral
turp3tude;
c. The applicant is of bacl repute;
d. The applicant has been convicted ot
crimes or offenses involving sexual
misconduct;
e. The applicanto within five (5) years ~
prior to the date of applicatior~ was
denied licensure as a masseuse or
massenr or had his or her license revoked or suspended in or by any
cammun3ty or political subdidision
of the State of Niinnesota or by the -
State of *riiinnesoita,
. Ia the event the City Council denies the
appliaation, the Clerk-Administrator shall
furnish the applicant with a written docu-
. ment advising him or her of the clenial anc3
specifyinq the factual bases and reasoning
upon which the deraial was predicated. No
application for a license which has been
denied by the Council shall be resubmitted ;
for a period of at least one (1) year fsom. ;
the date on which the application was '
denied:- . , .
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Section-9. Construction, Maintenance, Operational.and
Employment Requirements.
(a) Construction. • •
'(1) Separate Facilities. Each establishmernt
licensed hereunder shall have a separate .
rest rornn for each sex and in the case of
a massage or sauna par].or, but excluding •
a rap parlor, the establishment shall
have in adclition separate shower, lock_er
room, massage roorn, dressing £acilities,
steam rooms, and sauna rooms--each clearly
'I marked as such--for each sex.
(2) Size of Sauna and Massage Rooms. Sauna
rooms and massage rooms shall each have
at least fifty (50) square feet of clear
floor area. Massage rooms shall be
. equipped with cabinets for the storage of
soiled linens.
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(3) Doorso Doors to a11 rooms on tYae prem-
of asauna, rap or anassage parlor
sha17, be incapable of being loclced £rom
ttae exterior or 3nterior with the
exceptioaa of the front and xear access
doors.
(4) Constructfon Materials for Sauna Rooms,
Loc}cer Rooms, Rest Rooms and Bat.hroomse
A sauxna rovEas, locker rooms. rest rooms
and battrooms usec: on the premises shall
be constructed of mafierials which are
impesvious to moisture, baeterba, mola3 or
fungus and must be kept in a sanitary
. condition. Rhe floor to wall and wall
joints shall be constructed to provide a
. sanitarg cove with a miniynuxn radius o€ .
OIIe iI1Ci1 e (5) Rest Rooms. A11 rest rooms in a sauna, rap or massage parlor shall be providecl - with mechariical ventilation with 2 cfm per square foot of •floor area, a hand {
washinq sink equipped with Yaot and cold
running urater auider pressure, sanitary
towelB and a soap dispenser.
(6) Illwmiraat3on. All rooms in the licensed
preffi ses ehall be illuninated with not lesa than 30 foot caxndl.es of i1,lLaminatione . (7) 3anitor°s Closet. Each establishment shall
. have a janitor's closet which shall provide
- for t:he.storage of cleaning supplies. Such
cYoset shall have a mechanical ventilation with 2 cfm per square foot of floor area. a
Such closet sha1l include.a mop sink.
(84 Locker Facilities--Sauna or Massage Parlors. ~
. Sauna or massage parlors shall be eeyuippeel
witl1 locker facilities for use by patronso
Suf£icient facilities shall be furnished so
that each patron will have a separate com- partment available for the storage of
clothing and valuables. Each such locker
shall be capable of being loeked by the
patron. `b). Maintenance and Operation.
(1) Massage Tables. All rooms- in a massage par-
lor shall be eguippee3 with massage tables
having a hard surface impersrious to liquids
with a width of no more than three £eet and
a length of no more than eight feet. Such
tables may be equipped with either non-
disposable pads or coverings or disposable
. coverings not more than two and one-half
inches thiclr.. Nondisposable pads or cover-
ings shall be removable, impervious, and
cleanablem '
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, (2) Beds Prohibited--Rap Parlors. No beds,
sofas, couches or other furniture upon
which one can lie prone shall be
permitted in any rap parlor.
(3) Refuse Receptacles. Any establishments
licensed hereunder shall at all times be
equipped with adequuate trash receptacles
wYaich shall be emptied on a requ2ar and
geeurring basis. .
(4) Dis Ia of License to O erate. The
lacense to operate e establishment
shall be prominently in public display
on the premises at a11 times during the
hours of its operatione
(5) Hours of,Operatfon. The licemsed premises
Thall not be open for business nor. shall
patrons be permitted on the pj~emises ,
between the hours of 10:00 o'clock P.M.
and 8:00o'clock A.M. of the succeeding
day.
(6) Occu anc or Guest Re ister. The licensee
shall be responsible or maintaining an
occupancy or guest register by which each
patron of the sauna, rap or m~ ,s~sage garZor
must register his or her name;~~ddress and
' phone number, and each licensee, or person
ia his employ, shall require each patron to furnish identification de~ ~tibinq and
~.clentifying his correct name,dress a.rid
phone nwnber. Suach occupancy or guest
register shall be available £or 3nspection
-.at all times by officers, employees or
, agents of the City or any othe.r agency or
political subdivision of the State of
4innesota or United States Government. Occupancy or guest registers must be kept
'by the licensee for a period of not less
than two (2) pears afteg all of its pages
have been filledo
(7) Inspection by City Officers and Identifica- tion of En? lo ees. Y.icensee shall allow
his entire prem ses to be inspected lby the
lauilding inspector, health officer, any
gaolice officer or member of the fire
- department,•and any other officer, effiplayee
or agent of the City or any other agency of
any political subdivision, the State of
Minnesota, or agency of the United States
Government. IIpon demand by any police
officer, any person enqaged in providi.ng
services in any liceased premises shall
identify himself by giving his true legal
name and his correct addaress.
(8) Designation of Manageg. If the licensee is
a partnership or a.corporation, it shall
designate apesson to be manaqer of,the
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business. Such person sha11 remain responsible for the conduct
of the business until another single pegson has been designated
atn writing by the lieensee. The licensee shall promptly notify ~
the Clerk-Administrator in writing of any sucla change indicating
the name and address of the new manager and the effective date of such
ehange.
(9) I.ist of Ecavlo ees. Ttbe licensee shall furnish the Clerk-Administrator !
with a list of eurrent employees indicatimg their names and addresses ~
ancl desigriating the duties o£ them. Licensee sha].y pxomptly notify the
Clerk-Administrator of any additions or deletions in the list of
employees or changes in their fob descriptions or duties a'nd furniskn
the Clerk-Administrator with the new aames sael addresses and eff ective
date o£ these additiosas.
(10) Maintenance in SaniLtarq Condition--Sauns and Massage Parlors. Yn
the case of sauna and massage parlors, ttae licensed premises must
be kept and maintained in asaaa3tary conclition, and a1l equipment,
personal propertq, tables, bedso towels, cIothing asd ghe like sha11
also.be maintained in a sanitary canditioa,
(11) Hea3th and Disease Control--Sauna and Piassage Parlors. No persoa,
while afflicted with any disease in a cvmmunicable form or while a
earrier of such disease ox while af€licted with boils, infected wounds,
sores or any acute respfratory infeetion shall work or provide serv3ees
in any massage or sauna room9 ancl no person known or suspected of
being afflicted with any auch disease or eondition shall be employed
or permitted in such area or capacity.
inors Pro ilai egi. .(12) /W Irteen (18) yeare of age shall be permitted upon
or allowed to be employed or to serve in the ffiassage, rap or
ssuna paxlor.
; (13) Possession of A].coholic Beveragee or Nareotic Drugs Probibited
No alcoholic beveragea, narcotic drugs or controlled substances
shall be kept, possessed or maintained upon the preffiises of any uaassage,
xap or sauna parloxo
(c) Fmployment. . (1) C1otb3ng Goverage. A11 employees of any estabYisbmeat licensed ,
hereunder, and customers thereof, shsa.l have at all times
their breasts, buttoclcs, genitals and aTans eavered by a noa-
transparcent material. .
(2) Necessityo uf Personal Seavice Lieenses--Massage Parlors. No massage
parlor license hereunder sha1l employ os utilize aay person as a
masseur or.masseuse unless suc4t person is licensed by the City.
(3) Display of Personal Service License-Massage Parlor.' Any person
acting as a masseur os masseuse in a ffiassage parlor licenaed hereunder
_ shall have hia or her licease or a tsue copy thereof displayed
in a prominent place on the licensed pxemises. "
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(4) Same Sex Attendants-°Sauna and P2assage Par-.
lors. With respect to sauna and massage
parlors licensed hereunder, male sauna
emp].oyees or attendants and masseurs shall
attend to, assist. or otherwise serve onIy
male patroras ancl female sauria employees or
attendants and masseuses sha1l attenc3,
assist or otYieawise serve only fema].e •
patrons.
Sectzon 10. Revocatioaa or Sus2ens3on of License. Any license
granted hereunder may be subsequently revolced or suspended, or not
renevaed by the City Couracil upon its finding that the licensee or
its ownerse partners, managers, emm?ployees, agents or any of its
inicerested parties have engaged ia any of the followang iteads of con- duct:
(a) Violation of any of the requireanents of this
Ordinarace;
(b) Fraud, deception or misrepresentation ;Ln con-
nection with securing the license;
(c) Habitual drunkenness or intemperance in the use
. of drugs defined in H.S.A. Section 618.01,
barbiturates, hallucinogenic drugs, amphetamines,
• benzedrine, dexedrine or.other sedatives,
depressants, stimulants or tranquilizexs;
(d) Conduct inimical to the interest of the public
health, safety, morals or welfare;
(e) FaiY.ure fu11y to comply with any of the requgre-
, ments of any orclinance, sule, regulation, 1aw or
statute of tfae City or any other governmental
subdivi.sion of the State of Minnesota, or the .
State of Minnesota itself e or the i7nited States
Governineraf;
(f) Material variance in the actual plan and design
of licensed premises from the p].ans anel specifica-
tions submitted to the City alang witfi the app].i-
eation;
(g) Conviction for any offense involving moraA
turpstude or sexuaZ m3scorasluct; and
(h) Operation without a license as sequired hEreby.
The licensee may appeal such suapezasion, revocation or non-
renewal to the City Council. The Council shall consider the appeal
at the nex-t regularly scheduled Council meeting on or after ten
(10) slays fxom service of the notice of appeal upon the Clerlc-
Administrator. At the conclusion of the hearing, the Council may
• affirm the suspensioh, revocation or nonrenewal of the license;
reinstatute or renew the ].icense; or impose a reissuance of the
license upon such additional terms, conditions and stipulations
which the Council aaay, in its sole discretion, imposev The factual
bases for any denial shall be set $mrth in writing and mailed ta
the licensee lay the Clerls-Adseinistratar.
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Sectian 11. ViolAtions; Penalties. Wg°?aeder cloes any acts
forbi.dden by thi;s Ordinance or omits or fails to do any acts
requi.red by thisi Ordinance sYaall be guilty of a misdeiueanor sand
every person who commits or attempgs to pommit, conspires to
comnit or aicls anc1 abets. 1n tkae comaission o£ any act constitutinq
a violati.on of this Oxdiraance or any acte which const3tutes an
orciission ~~~refor~ ~ -violation of this Ordinancee whethex '
individua].ly or ,ira cor?nectiom with one or more pegsons or as PriA-
cipaz, agent or accessory, shall be guilty o£ such offense and every persoaa who falsely, gramdnlently e forcibly or willfnlly .
induces, causes, coerces, reqnires, permi'ts or clirects anotraer tq
violate •any of the provisions of 1thgs Ordinance is likewise gu3.1ty .
of such offense arsd is guiltgr of a aaisdemeanor. Each dag tYaat a
eiolation exists constitutes asepagate and di~tinct oiE£ense.
Section 12. Severabi].ity. If ariy part or section o~ ~I~3.~
Ordinance is lield'invali'a or suspended , such i,nvalidity or suspen-
! sion shall not apply to any other pagt hereof, and the reaeainder
of this Ordinance shall remain in full force and effect.
Section 13. Effective Datee This Ordinance shall be in
full force and effect from sa? afger its date of pub].ication o . . . . . _ . ...._._..a,r
; • Section 14. Inco oration into Ardeaa HiYls City Code. Tlie
provisions o this Or inance s a e a.nc u e an incorgorated in
the Code 6f Ordinances of the Citg? o£ Arden Hills as an acldition
or amendment thereto and sha11 be apprvpriately renuaberecl to
conforin to the uniform numberinq system of that Code, ~
I ! Pssed by the .Axden Hilbs City Council this day of
1979.
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. Henry J. Cgepeata, Jr.,
' A'iayor
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Atteste .
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Charlotte N!cNiesh,
Cler]s-Adinirnistrator .
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