HomeMy WebLinkAbout2001-04-03 P & Z Agenda
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PLANNING AND ZONING COMMITTEE
MEETING AGENDA
TUESDAY, APRIL 3,2001
6:30 p.m.
/' CALL TO ORDER
/' Roll Call
L PUBLIC HEARING (S)
~ Ordinance #39 (Signage)
~ ~PEARANCES
~ ~ BUSINESS
~ NE~USINESS
v(' Ordinance #39 (Signage)
2. C<Jmprehensive Plan Amendments
3. Ordinance #4
VI. DISCUSSION ITEMS
VII. CONSIDERATION OF MINUTES
1. March 6, 2001 Planning and Zoning Meeting Minutes
vm. ADJOURNMENT
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City ofCenterville Ordinance #39
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE # 39
An ordinance regulating signs in the City of Centerville,
Minnesota and providing for the administration and enforcement
of such regulations.
The City Council of the City of Centerville ordains as follows:
DIVISION 10: General Provisions
Section 010-010: Title. This ordinance shall be known as Ordinance #39, City
of Centerville Signage Ordinance except as herein referred to as "this
Ordinance".
Section 010-020: Purpose and Intent. It is the purpose of this Ordinance to:
· Establish a set of standards for the fabrication, erection, use and
maintenance for signs, symbols, markings, advertising devices or
other items that serve as visual communication media.
· Allow creativity in sign design while at the same time ensuring that
the public is not endangered, annoyed, distracted or displeased by
unsafe, disorderly, indiscriminate and unnecessary use of visual
communication media.
· Administration and procedures for requiring permits, payments of
fees and providing for penalties for non-compliance.
Section 010-030: Repeal of Conflicting Ordinances. Those parts of
Ordinance #4 (Zoning Ordinance) or any parts of other Ordinances inconsistent
herewith are hereby repealed. In all other respects said Ordinance #4 (Zoning
Ordinance) and other Ordinances shall remain in full force and effect.
Section 010-040: Definitions.
Advertising Sign - An "Advertising Sign" is a sign, which directs attention to a
business commodity, service or entertainment not exclusively, related to the
premises where such a sign is located or to which it is affixed.
Area Identification Sign - A freestanding sign that identifies the name of a
residential subdivision, commercial or industrial development.
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Billboard - A sign erected for the purpose of advertising a product, event, person
or subject not entirely related to the premises on which the sign is located.
Business Frontage - The linear frontage of that portion of a building facing the
right-of-way and occupied by one separate business.
Business Sign - A "Business Sign" is any sign which identifies a business or
group of businesses, either retail or wholesale, or any sign which identifies a
profession or is used in the identification or promotion of any principal commodity
or service, including entertainment, offered or sold upon the premises where
such sign is located.
Canopy - A permanent roof structure attached to and supported by the building.
Changeable Copy Sign - Any sign that is characterized by changeable copy,
letters or symbols, regardless of method of attachment.
Directional Sign - An on-premises sign designed to guide or direct pedestrian or
vehicular traffic.
Flags - Devices generally made of flexible materials, such as cloth, paper of
plastic, and displayed on poles, strings or wires, but excluding the flag of any
country or state.
Flashing Sign - An illuminated sign on which such illumination is not kept
constant in intensity or color at all times, when such sign is in use.
Freestanding Sign - Any sign supported by structures or supports that are
permanently anchored in the ground and that are independent from any building
or structure.
Historical Identification Symbols - Those symbols which have historically been
identified with the service the establishment provides, are common to similar
enterprises in all other localities and are not a particular trademark or business
identification.
Illuminated Sign - A sign that has an artificial light source directed upon it or
which has an interior light source.
Major Anchor - A single tenant in a shopping center that Is at least 20% of the
total square footage and in excess of 50,000 square feet.
Motion Sign - A sign that revolves, rotates or moves.
Political Sign - Any sign which states the name or picture of an individual
seeking election or appointment to a public office, or pertaining to a forthcoming
public election or referendum, or pertaining to or advocating political views or
policies erected on private property, which is erected by a bona fide candidate for
political office or by a person or group supporting such a candidate and which
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City of Centerville Ordinance #39
contains the name of the person or group supporting such a candidate and which
contains the name of the person or group chairman responsible for the erection
and removal of the sign.
Portable Sign - Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including, but not
limited to, signs designed to be transported by means of wheels, signs converted
to A- or T-frames; menu and sandwich board signs; umbrellas used for
advertising; and signs attached to or painted on vehicles parked and visible from
the public right of way, unless said vehicle is used in the normal day-to-day
operations of the business.
Setback - The minimum horizontal distance between a lot line and a building line
or use.
Sign - The term "Sign" shall mean a name, identification, description, display,
illustration structure or device which is affixed to, or painted on, or represented
directly or indirectly upon a building or other outdoor surface or piece of land, and
which directs attention to an object, product, place, activity, person, institution,
organization or business.
Sign Area - The entire area within a continuous perimeter enclosing a sign,
exclusive of sign embellishments, which may extend beyond said perimeter as
regulated herein; such perimeter shall not include any structural elements lying
outside of said sign and is not an integral part of the display. Double-faced signs
are permitted with the maximum square footage allowed on each face as that
allowed for a single face sign; multi-faced sign areas may not exceed the area
permitted for a single faced sign.
Sign Height - Height shall be measured from grade to the uppermost points or
level of sign surface.
Temporary Sign - A sign that is not permanently affixed. All devices such as
banners, pennants, flags (not intended to include flags of any nations)
searchlights, twirling or sandwich type signs, sidewalk or curb signs and balloons
or other air or gas filled figures.
Wall Advertising Sign - An advertising sign attached to or erected against the
wall of a building or structure with the exposed face to the sign in a plane
approximately parallel to the face of said wall and extending not more than fifteen
(15) inches from the building wall face.
Window Sign - A sign affixed to or inside a window in view of the general public,
but excluding merchandise on display.
DIVISION 15: General Regulations
A. Signs are prohibited within the public right-of-way or
easements except that the City Council may grant a Special
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Use Permit to locate signs and decorations on or within the
right-of-way for a specified period of time.
B. Flashing signs, motion signs or similar devices shall be
prohibited in all districts except commercial district signs that
meet the criteria detailed in the commercial district
standards. Approved traffic signs are exempt from this
provision.
C. Unless specifically allowed in this Ordinance, interior
illuminated signs are permitted in all districts except
Residential. All illuminated signs shall have a shielded light
source.
D. Business signs shall not be painted, attached, or in any
manner affixed to trees, rocks or similar natural surfaces.
No signs of any type shall be painted directly on to the roof
or the sides of a building.
E. Signs that interfere with the ability of vehicle operators or
pedestrians to see traffic signals, or which impede the vision
of traffic by vehicle operators or pedestrians are prohibited.
F. Signs shall not project above the roofline of any structure
without the issuance of a Special Use Permit.
G. No sign shall physically obstruct any window, fire escape or
opening intended to provide entry or exit to any structure or
building or public way.
H. All signs and sign structures shall be properly maintained in
a safe, orderly condition at all times, including the
replacement of defective parts, cleaning and other items
required for the maintenance of the sign. Vegetation within
ten feet in any direction of the base of ground signs shall be
neatly trimmed and free of weeds, and no rubbish or debris
that would constitute a fire or health hazard shall be
permitted under or near the sign.
I. No signs may be placed on utility poles in the community.
J. There may be no more than one identical sign per lot in a
residentially zoned area.
K. The changing of the advertising message of a painted or
printed sign, or changeable copy sign, and the painting,
repainting and cleaning of signs will not require a sign
permit, but will otherwise be done in compliance with this
Ordinance and any other applicable laws.
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City of Centerville Ordinance #39
L. No sign may by reason of its location, color or intensity,
create a hazard to the safe and efficient movement of
vehicles or pedestrian traffic. No private sign may contain
words that might be construed as traffic controls, such as
"Stop", "Caution", "Warning", or otherwise resemble any
official marker erected by a governmental body or agency,
unless such sign is a directional sign.
DIVISION 20: Permitted sians with no permit reauired
Section 020-010: Political Signs. Political signs posted by bona fide
candidates for political office or by a person or group promoting a political issue
for a candidate may be placed in any district subject to the requirements of the
district. Campaign signs may be posted for a period not to exceed sixty (60)
days and shall be removed within seven (7) days following the date of the
election. Only one sign (1) per candidate will be allowed per lot.
Section 020-020: Temporary Signs.
A. Temporary banners and pennants shall be displayed for no
more than fourteen (14) days. A maximum of six (6)
occurrences per year are allowed. Banners or pennants
determined to be an integral part of the design or
architecture of a building are permitted.
B. One temporary identification sign, setting forth the name of
the project, architect, engineers, contractors, planners and
financing agencies, may be installed at a construction site in
any district for the period of construction. The sign area of a
temporary identification sign shall not exceed thirty-five (35)
square feet.
C. In any district, one (1) temporary real estate sign may be
erected for the purpose of advertising the lease or sale of
property upon which it is placed. Only one (1) such sign
shall be permitted per street frontage. Such sign(s) shall be
removed within seven (7) days following the lease or sale of
the property. The maximum size of such signs for each
district is as follows:
Residential Districts - Ten (10) square feet
Commercial Districts - Thirty-two (32) square feet
Industrial Districts - Thirty-two (32) square feet
Mixed-Use Districts - Sixteen (16) square feet
Agricultural/Rural Residential - Thirty-two (32) square
feet
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f)
In any district, one (1) temporary "help wanted" or
"now hiring" sign may be erected for the purpose of
advertising employment positions. Only one (1) such
sign shall be permitted per street frontage. Such sign
shall be removed upon filling the employment
position. The maximum size of such signs for each
districts are as follows:
D. Commercial District - Thirty-two (32) square feet
Industrial District - Thirty-two (32) square feet
Mixed-Use District - Sixteen (16) square feet
Agricultural/Rural Residential - Thirty-two (32) square feet
E. Signs pertaining to drives or events of civic, philanthropic,
educational or religious organizations, provided permission of the
Council must be obtained to erect such signs upon or over public
property and provided further that such signs shall not be erected
or posted for a period of more than fourteen (14) days prior to the
date of the event and must be removed within three (3) days after
the event.
Section 020-030: Directional Signs. Directional signs having a surface area
not greater than five (5) square feet.
Section 020-040: Memorial Signs. Memorial signs or tablets, or names of
buildings and date of erection when cut into a masonry surface of constructed of
metal, wood or stone and attached to the building not exceeding a sign surface
area of four (4) square feet.
Section 020-050: Freestanding Signs. Freestanding signs for garage sales or
similar events occurring within the corporate limits of the City, not exceeding four
(4) square feet in sign surface area, erected on private property with permission
of the landowner, and displayed for not more than three (3) consecutive days.
Section 020-060: Window Signs. Temporary or permanent window signs duly
authorized by zoning and other laws of this City, provided that all such signs on a
frontage shall not have a total sign surface area greater than 50% of the glass
area, excluding doors, on such frontage and provided that a minimum of one-half
of the open window space must be below a horizontal line which is five (5) feet
above the interior floor of the commercial establishment. Merchandise displays
in windows shall not be considered a part of the sign area if such display is not to
be continued for a period of more than eight(8) weeks.
DIVISION 25: Portable Signs
Portable signs are prohibited in residential districts. Portable signs in all other
districts are allowed with permit as specifically authorized below. Portable signs
used for the purpose of directing the public will be permitted subject to the
following conditions:
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A. Said sign is coincidental to or used in conjunction with a
public function; and
B. Said sign is used for a special business promotion or event;
and
C. The period of use for such a sign shall not exceed fourteen
(14) consecutive days; and
D. No business may have more than six (6) special promotions
or events per year; and
E. Portable signs may not exceed eighty (80) square feet.
DIVISION 30: District Regulations
Section 030 - 010: Residential/Public Districts (R1,R2, R2A, R4, RS, P1)
Permitted Signs
A. Residential Identifications - Not more than two (2) square
feet per nameplate or six (6) square feet in area for each
multiple-family building.
B. Institutional Identifications - Churches, schools, parks etc.
allowed up to thirty-two (32) square feet; not taller than eight
(8) feet.
C. Business Signs - Home-based businesses may have a sign
that is no larger than four (4) square feet. The sign may not
be an interior-illuminated sign.
Section 030 - 020: Commercial District (B1)
Permitted Signs
A. Wall Signs - Wall signs are permitted on each public street
exposure or public parking exposure provided said signage
does not exceed ten percent (10%) of said wall area.
8. Free Standing Signs - One (1) free standing sign per
business or business complex provided, however, said sign
does not exceed two hundred (200) square feet in area and
thirty-five (3S) feet in height.
C. Area Identification Signs - One (1) area identification sign
is permitted per street frontage, however said sign does not
exceed sixty four (64) square feet in area and twenty (20)
feet in height, and is not placed within ten (10) feet of any
street right-of-way.
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Section 030-030: Industrial District (11)
Permitted Signs
A. Wall Signs - Wall signs are permitted on each public street
exposure or public parking exposure provided said signage
does not exceed ten percent (10%) of said wall area.
B. Free Standing Signs - One (1) free standing sign per street
frontage provided, however, said sign does not exceed two
hundred (200) square feet in area and thirty-five (35) feet in
height.
C. Area Identification Signs - One (1) area identification sign
is permitted per street frontage, however said sign does not
exceed sixty four (64) square feet in area and twenty (20)
feet in height, and is not placed within ten (10) feet of any
street right-of-way.
Section 030-040: Mixed-Use District (M1)
Permitted Signs
A. Wall Signs - Wall signs are permitted on each public street
exposure or public parking exposure provided said signage
does not exceed ten percent (10%) of said wall area.
B. Canopy Signs - Signs on these structures are allowed as
long as the sign area does not exceed ten percent (10%) of
said wall area.
C. Ground Signs - One (1) ground sign is permitted per street
frontage; however, said sign does not exceed eight (8) feet
in height and thirty-two (32) feet in area.
DIVISION 35: Comprehensive Sian Plan Reauired
A comprehensive sign plan is required at the time of Planning and Zoning
Commission review of any proposed new commercial or industrial development.
Said plan shall indicate the location, size, height, color, lighting and orientation of
all proposed signs and shall be submitted for approval pursuant to the
regulations of the City of Centerville.
Building permits and inspections are necessary as required by building and
electrical code. Fees for required permits or hearings shall be set by approved
annual resolution of the City Council.
Section 035-010: Application for Permit. Every application for a sign permit
must be accompanied by a plan drawn to scale and including the following:
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A. The dimensions of the sign and where applicable the
dimensions of the wall surface of the building to which it is to
be attached.
B. The maximum and minimum height of the sign.
C. The proposed location of the sign in relation. to the
boundaries of the lot upon which it is to be situated.
D. The proposed location of the sign in relation to the
boundaries of the lot upon which it is to be situated.
E. If the sign is to be illuminated, the technical means by which
this is to be accomplished and the hours of illumination.
F. Where the sign is to be attached to any existing building, a
diagram or photograph of the face of the building to which
the sign is to be attached.
G. The name and address of the owner of the sign and the
address of the property where the sign is located.
H. Where a ground levei sign is proposed with berming, a
diagram showing grade level and dimensions of the berm.
I. When a multi-tenant comprehensive sign plan is submitted,
the plan must include the location, size, height, color lighting
and orientation of all signs.
J. Where a ground sign plan is submitted, the plan must
include the location of the sign in relation to the lot lines and
the building height, including any difference from the
established grade, size, color, lighting and hours of
illumination.
DIVISION 40: Adiustments and Appeals
The commission of adjustments and appeals will be comprised by all members of
the Planning and Zoning Committee. The Planning and Zoning Committee will
hear and make recommendations to the City Council regarding:
A. Appeals where it is alleged that there is an error in any
order, requirement, decision or determination made by an
administrative officer in the City in the enforcement of this
Ordinance.
B. Petitions for variances from the literal provIsions of this
Ordinance in instances where their strict enforcement would
cause hardship because of circumstances unique to the
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individual property under consideration. Criteria for granting
a variance will be the same as the criteria for granting a
variance in the City's zoning ordinance.
DIVISION 45: Non-Conforming Siqns
Section 045-010: legal, Conforming. All signs existing as of the adoption date
of this ordinance conforming to the requirements of this ordinance and not
requiring a permit under the provisions of this ordinance, may be maintained so
long as the sign continues to comply with the provisions of this ordinance, as it
may from time to time be amended.
Section 045-020: legal, Non-Conforming, Signs. All signs existing as of the
adoption date of this ordinance which would be prohibited by ordinance or which
would require a permit under this ordinance but have not received a permit, will
be deemed to be legal non-conforming signs. Legal non-conforming signs may
continue to exist without a permit and without constituting a violation of this
ordinance until one or more of the following occurs:
A. The sign is structurally altered (except for normal
maintenance) in a way that makes the sign less in
compliance with this ordinance than it was before the
alteration.
B. The sign is relocated to a position making it less in
compliance with this ordinance than it was before the
relocation.
C. The sign is replaced.
D. Any new primary sign is erected or placed in connection with
the enterprise using the legal non-conforming sign.
DIVISION 50: Enforcement
If a sign is in violation of this ordinance, or is in danger of falling, or is otherwise a
menace to the safety of persons or property, the Building Official may give to the
owner of the property on which the sign is located, written notice specifying the
violation, ordering the cessation of the violation and requiring either the removal
of the sign or remedial work in the time and manner specified in the notice. In
the event of failure to comply with the notice within thirty (30) days, the Building
Official may remove the sign or cause such remedial work to be done. The cost
of the work performed by the City, must be paid to the City by the owner of the
property on which the sign is located. If payment is not made within thirty (30)
days after a statement of costs is sent to the owner, the costs may be assessed
against the property by certifying the costs to the County. If a sign that has been
removed is not reclaimed and costs paid within thirty (30) days after its removal,
the sign may be sold or otherwise disposed of by the City. If a sign is found to be
an immediate danger to the public because of its unsafe condition, it may be
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removed without notice, and written notice of removal and reasons for the
removal will be given to the owner of the property on which the sign is located as
soon as possible.
DIVISION 55: EFFECTIVE DATE This ordinance shall take effect the day
following the second publication in the city's official newspaper.
Mayor Tim Swedberg
Attest:
City Administrator
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TO: Pl"nning and Zoning Committee Members
FROM: Jim March
SUBJECT: Comprehensive Plan Amendments
DATE: 3/30/01
Attached, please find a copy of the recommended Comprehensive Plan Amendments that
were presented to Council at their March 28,2001 meeting.
I have made several modifications. Please review same and the City's Comprehensive
PIan. Please bring your suggestions and Comprehensive Plan to the meeting.
,
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COMPREHENSIVE PLAN AMENDMENTS
MUSA Swap for Pheasant Marsh
Page 2...last sentence...add the word "is"
Page 14... Willow Glen. . .residential.. . several changes to be made to Existing Land Use
Map
Page 22.. . delete 74th Street and change to end of Revoir Street (in first paragraph)
Page 22... update police department infonnation to reflect Centennial Lakes Police
Department
Page 23. . . insert sidewalks and trails map
Page 24. . . update traffic counts
Page 26.. . mention intercounection with the City ofLino Lakes (paragraph 3)
Page 26...three lift stations (should be four now) last paragraph
Page 27 ...public utilities map.. .add fourth lift station...current utility maps
Page 34... update Park and Recreation Goals, if needed
Page 36.. .do we want to add that it is a community goal to create some community
space?
Page 38...update land availability..paragraph 3
Page 40. . .make updates to the Growth Management Plan map to reflect changes
Page 43.. .make the Pheasant Marsh staging swap ~ .,.uJIV l'
Page 44.. .do we want to allow Schlavin chiropractic to become commercial?
Page 45...last paragraph... change to state that the City has completed infrastructure
improvements along the 20th Avenue corridor
Page 47.. .mention the design concept proposed study
Page 48.. . revise transportation components?
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Page 48...1ast paragraph...reference Park and Ride at old public works
Page 51.. . update Bicycle/Pedestrian trails section
Page 53.. .Peltier lake typo in first sentence
Page 54...Community Facilities Element...do we want to mention ~community space"
Page 56...surfuce water management plan update
Update Table II with new capital improvement plan
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LICENSES AND PERMITS
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Division K, Massage
Added by Town Ord, No, 112, 9-16-47; Town Ord. No. 137, 12-7-48; Town Ord. No. 148,8-15-50;
Repealed and new Division added by Town Ord. No. 171, 12-4-51
Recodified by Ord. No, 95-13, 8-7-95
e
SEC, 14.259, PURPOSE.
The purpose of this Division of the City Code is to prohibit massage businesses and services to the public
except those licensed as therapeutic massage enterprises and therapists pursuant to this Division. The licensing
regulations prescribed herein are necessary in order to prevent criminal activity and to protect the health and
welfare of the community. The purpose of this Division is not to impose restrictions or limitations on the freedom
of protected speech or expression.
(Code, 1958- S 150.21; Ord, No. 75-3, 1-13-75, renumbered to S 150:19; Ord. No, 90-13, 3-26-90; Recodified by
Ord. No. 95-13, 8-7-95)
SEC. 14.260. FINDINGS OF THE CITY COUNCIL.
_ The City Council of the City of Bloomington makes the following findings regarding the need to license
therapeutic massage enterprises and therapists and to prohibit all other types of massage businesses and
services to the public:
(a) Persons who have bona fide and standardized training in therapeutic massage, health, and hygiene can
provide a legitimate and necessary service to the general public. .
(b) Health and sanitation regulations goveming therapeutic massage enterprises and therapists can
minimize the risk of the spread of communicable diseases and can promote overall health and sanitation.
(c) license qualifications for the restrictions on therapeutic massage enterprises and therapists can
minimize the risk that such businesses and persons will facilitate prostitution and other criminal activity in the
community. - .
.
(d) Massage services provided by persons with no specialized and standardized training in massage can
endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and
unsanitary conditions, and by increasing the risk of personal injury.
(e) Massage businesses which employ persons with no specialized and standardized training can tax City
law-enforcement services, because such businesses are more likely to be operated as fronts for prostitution and
other criminal activity than operations established by persons with standardized training.
(f) The training of professional massage therapists at accredited institutions is an important means of
ensuring the fullest measure of protecting the public health, safety, and welfare.
(Code, 1958 S 150.22; Ord. No. 75--3, 1-13-75, renumbered to S 150.20; Recodified by Ord. No. 95-13, 8-7-95;
Ord. No. 99-23, 9-7-99)
SEC. 14.261. DEFINITIONS.
The following words and terms when used in this Division shall have the following meanings unless the
context clearly indicates otherwise:
Accredited Institution - an educational institution holding accredited status from the North Central Association
of Colleges and Schools (NCA) or another regional accrediting agency approved by the United States
Department of Education.
Accredited ProQram - a professional massage program accredited by the Intemational Massage and Somatic
Therapies Accrlldltation Council (IMSTAC), the Commission on Massage Therapy Accreditation (COMTA), or a
comparable national or regional organization that evaluates program compliance with quality and competency. .
tandards through a process. of periodic review and self-study. . . .
Clean _ the absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous maller.
Good repair _ free of corrosion, breaks, cracks, chips, pilling, excessive wear and tear, leaks, obstructions,
and similar defects so as to constitute a good and sound condition.
14-98
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BLOOMINGTON CITY CODE
Issuino Authority - the City of Bloomington License Section.
Massaoe - any method of pressure on, or friction against, or the rubbing, stroking, kneading, tapping,
pounding, vibrating, stimulating, or rolling of the extemal parts of the human body with the hands or with the aid of
any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids
as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations.
Massaoe Therapist - an individual who practices or administers massage to the public who can demonstrate
to the Issuing Authority that he or she:
(a) has current insurance coverage of one million dollars ($1,000,000) for professional liability in the
practice of massage;
(b) is affiliated with, employed by, or owns a therapeutic massage enterprise licensed by the City; and
(c) has completed four hundred (400) hours of certified therapeutic massage training from a bona fide
school that has been approved by the Issuing Authority, or has one (1) ye;!r of experience practicing massage
therapy as established by an .affidavit and can document within two (2) years of obtaining the license that he or
she has completed four hundred (400) hours of certified therapeutic massage training from a bona fide school. If
no such "documentation can be established at the time of license renewal, the license shall not be renewed and
the person who received the license based upon experience is precluded from receiving a license in the future
unless the person has the requisite certified hours.
Ooerate - to' owl'\, manage, or conduct, or to have control, charge, or custody over.
Person - any individual, firm, association, partnership, corporation, joint venture, or combination of individuals.
Therapeutic Massaqe Enterprise - a person whO operates a business which hires only licensed therapeutic
massage therapists to provide massage to the public. The owner/operator of a therapeutic massage enterprise
need not be licensed as a therapeutic massage therapist if he or she does not at anytime practice or administer
massage to the public.
Within the City - includes physical presence as well as telephone referrals such as phone-a-massage
operations in which the business premises, although not physically located within the City, serves as a point of
assignment of employees who respond to requests for services from within the City.
(Code, 1958 S 150.23; Ord. No. 75-3, 1-13-75, renumbered to S 150.21; Recodified by Ord. No. 95-13, 8-7-95;
Ord. No. 99-23, 9-7-99)
SEC. 14.262. LICENSE REQUIRED.
Theraoeutic Massaoe Enterprise License. It shall be unlawful for any person to operate, engage in, or carry
on, within the City, any type of massage services to the public for consideration without first having obtained a
therapeutic massage enterprise license from the City pursuant to this Division.
Massaqe Therapist License. It shall be unlawful for any individual to practice, administer, or provide massage
services to the public for consideration within the City without first having obtained a massage therapist license
from the City pursuant to this Division.
(Code, 1958 S 150.24; Ord. No. 75-3, 1-13-75, renumbered to S 150.22; Recodified by Ord. No. 95-13, 8-7-95)
SEC. 14.263. EXCEPTIONS.
A Therapeutic Massage Enterprise or Therapist License is not required for the following persons and places:
(1) Persons duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical
therapy, or podiatry, provided the massage is administered in the regular course of the medical business and not
provided as part of a separate and distinct massage business.
(2) Persons duly licensed by this state as bf;lauty culturists or barbers, provided such persons do not
hold themselves out as giving massage treatments and. provided the massage by beauty culturists is limited to the
head, hand, neck, and feet and the massage by barbers is limited to the head and neck.
(3) Persons working solely under the direction and control of a person duly licensed by this state to
practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry.
(4) Places duly licensed or operating as a hospital, nursing home, hospice, sanitarium, or group home
established for the hospitalization or care of human beings.
(5)-_.Students of an accredited institution who are performing massage services in the course of a
. clinical component of an accredited program of study, provided that the students are performing the massage
. ~service5 at the location of the accredited institution and provided the students are identified to the public as .
students of massage therapy. Students of an accredited institution who are performing massage services at
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LICENSES AND PERMITS
clinics or other facilities located outside of the accredited institution must have at least one hundred fifty (150)
hours of certified therapeutic massage training at the accredited institution prior to performing the therapy outside
of the institution and must be identified to the public as a student of massage therapy.
(Code, 1958 S 150.25; Ord. No. 75-3, 1-13-75, renumbered to S 150.23; Recodified by Ord. No. 95-13, 8-7-95;
Ord. No. 99-23, 9-7-99)
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SEC. 14.264. LICENSE APPLICATION.
(a) Therapeutic Massal1e Enterprise License Application. An application for a therapeutic massage
enterprise license shall be made on a form supplied by the Issuing Authority and shall request the following
information:
(1) All Applicants. For all applicants:
(A) Whether the applicant is an individual, corporation, partnership, or other form of organization.
(B) The legal description of the premises to be licensed together with a plan of the area showing
dimensions, location of buildings, street access, and parking facilities.
(C) The floor number, street number, and rooms where the massage services are to be
conducted.
(D) Whether all real estate and personal property taxes that are due and payable for the premises
to be license.d have been paid, and if not paid, the years and amounts that are unpaid.
(E) Whenever the application is for premises either planned or under construction or undergoing
substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of
the proposed premises to be licensed. If the plans for design are on file with the Building and Inspection Division,
no plans need be submitted to the Issuing Authority.
(F) The name and street address of the business if it is to be conducted under a designation,
name, or style other than the name of the applicant, and a certified copy of the certificate as required by
Minnesota Statutes, Section 333.02.
(G) Such other information as the City Council or Issuing Authority shall require.
(2) Individuals. For applicants who are individuals:
(A) The name, place and date of birth, and street residell.c:e address of the applicant .
(B) Whether the applicant has ever used or been known by a name other than the applicanfs
name, and if so, the name or names and information concerning dates and places where used.
(C) Whether the applicant is a citizen of the United States or a resident alien or has the legal
authority to work in the United States.
(D) Street addresses at which the applicant has lived during the preceding five (5) years.
(E) The type, name, and location of every business or occupation the applicant has been
engaged in during the preceding five (5) years.
(F) Names and addresses of the applicant's employers for the preceding five (5) years.
(G) Whether the applicant has ever been convicted of any felony, crime, or violation of any
ordinance other than a minor traffic offense. If so, the applicant shall fumish information as to the .time, place and
offense for Which convictions were had.
(H) Whether the applicant has ever been engaged in the operation of massage services. If so,
applicant shall furnish information as to the name, place and length of time of the involvement in such an
establishment.
(3) Partnerships. For the applicants that are partnerships: the names and addresses of all general
and limited partners and all information concerning each general partner as is required in paragraph (2) of this
Section of this Code. The managing partners shall be designated, and the interest of each general and limited
partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the
application, and if the partnership is required to file a certificate as to a trade name under Minnesota Statutes,
Section 333.02, a certified copy of such certificate shall be submitted. The license shall be issued in the name of
the partnership.
(4) Corporations and Other Oraanizations. For applicants that are corporations or other types of
organizations':
',- (A) The name of the organization, and if incorporated, the state of incorporation.
(B) ,A true copy of the Certificate of Incorporation, and, if a foreign corporation, a Certificate of .
Authority as described in Minnesota Statutes, Section 303.02. .
(C) The name of the general manager, corporate officers, proprietor, and other person in charge
. of the premises to be licensed, and all the information about said persons as is required in paragraph (2) of this
Section of this Code.
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(D) A list of all persons who own or control an interest in the corporation or organization or who \
are officers of said corporation or organization, together with their addresses and all the information regarding
such persons as is required in paragraph (2) of this Section of this Code.
(b) MassaQe Therapist License Application. An application for a massage therapist license shall be made
on a form supplied by the Issuing Authority and shall request the following information:
(1) The applicant's name and current address.
(2) The applicanfs current employer.
(3) The applicant's employers for the previous five (5) years, including the employer's name, address
and dates of employment.
(4) The applicant's addresses for the previous five (5) years.
(5) The applicanfs date of birth, home telephone number, weight, height, color of eyes, and color of
hair.
(6) Whether the applicant has ever been convicted of any felony, crime, or .violation of any ordinance
other than a minor traffic offense and, if so, the time, place, and offense for which convictions were had. .
(7) Whether the applicant is a U.S. citizen or resident alien or has the legal authority to work in the
United States.
(8) Whether the applicant has ever used or been known by a name other than the applicanfs name,
and if so, the name or names and information concerning dates and places where used.
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BLOOMINGTON CITY CODE
(9) Whether the applicant has met the definition of massage therapist in Section 14.261 of this Code.
(10) Such other information as the City Council or Issuing Authority shall require.
(Code, 1958 S 150.26; Ord. No. 75-3,1-13-75, renumbered to S 150.24; Recodified by Ord. No. 95-13, 8-7-95)
SEC. 14.265. LICENSE FEES.
The fees for a therapeutic massage enterprise and therapist licenses shall be as set forth in Section 14.03 of
this Code. An investigation fee of $215.00 shall be charged for therapeutic massage enterprise licenses. Each
application for a license shall be accompanied by payment in full of the required license and investigation fees, if
applicable.
(Code, 1958 S 150.27; Ord. No. 75-3, 1-13-75, renumbered to S 150.25; Ord. No. 80-55, 12-15-80; Ord. No.
90-13,3-26-90; Recodified by Ord. No. 95-13, 8-7-95)
SEC. 14.266. LICENSE APPLICATION VERIFICATION AND CONSIDERATION.
(a) Therapeutic Massaoe Enterprise license.
The initial application for an enterprise license under this Division shall be presented to the City Council
for consideration, after the Issuing Authority has verified the information on the initial license. The Issuing
Authority is empowered to conduct any and all investigations to verify the information on the application, including
ordering a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant The
hearing before the City Council shall be advertised at least ten (10) days prior to the scheduled date of the
hearing. The City Council may accept or deny the license application at such public hearing.
(b) Massaoe Therapist License.
(1) Verification and Consideration. Within a reasonable period after receipt of a complete application
and fee for a massage therapist license the Issuing Authority shall grant or deny the application. The Issuing
Authority is empowered to conduct any and all investigations to verify the information on the application, including
ordering a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant Notice
shall be sent by regular and certified mail to the applicant upon a denial informing the applicant of the right to
appeal to the City Council within twenty (20) days. If an appeal is properly made, the matter shall be placed on
the next available City Council agenda.
(2) Photo 1.0. Cards. Photo Identification cards shall be issued to individuals receiving a therapeutic
massage therapist license.
(Code, 1958 S 150.28; Ord. No. 75-3,1-13-75, renumbered toS 150.26; Ord. No. 90-13, 3-26-90; Recodified by
Ord. No. 95-13, 8-7-95; amended by Ord. No. 98-7,3-2-98)
SEC. 14.267. PERSONS INELIGIBLE FOR LICENSE.
(a) Therapeutic Massaae Enterprise License. No therapeutic massage enterprise license shalrbe issued to
a person who:
(1) Is not eighteen (18) years of age or older at the time the application is submitted to the Issuing
Authority;
(2) Has been convicted of any crime directly related to the occupation licensed as prescribed by
Minnesota Statutes, Section 364.03, subdivision 2, and who has not shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by
Minnesota Statutes, Section 364.03, subdivision 3;
(3) Is not a citizen of the United States or a resident alien, or is legaily prohibited from working in the
United States; .
(4) Is not of good moral character or repute;
(5) Is not the real party in interest of the enterprise;
(6) Has knowingly misrepresented or falsified information on the license application;
(7) , Cannot meet the definition of therapeutic massage enterprise in Section 14.261 of this Code; or
(8)'.'~wes taxes or assessments to the State, County, 'School District, or City that are due and
delinquent.
(b) Massaoe Therapist License. No massage therapist license shall be issued to a person who:
(1) Is not eighteen (18) years of age or older at the time the application is submitted to the issuing
Authority;
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LICENSES AND PERMITS
(2) Has been convicted of any crime directly related to the occupation licensed as prescribed by
innesota Statutes, Section 364.03, subdivision 2, and who has not shown competent evidence of sufficient
,ehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by
Minnesota Statutes, Section 364.03, subdivision 3;
(3) Is not a citizen of the United States or a resident alien, or is legally prohibited from working in the
United States;
(4) Is not of good moral character or repute;
(5) Has knowingly misrepresented or falsified information on the license application;
(6) Is not affiliated with, employed by, or does not own a therapeutic massage enterprise licensed by
the City; or
(7) Cannot meet the definition of massage therapist in Section 14.261 of this Code.
(Code, 1958 S 169.01; Added by Village Ord. No. 226, 3-7-60; Ord. No. 74-119, 11-18-74; Ord. No. 93-22L
4-26-93; Recodified by Ord. No. 95-13, 8-7-95)
SEC. 14.267.01. RESERVED.
(Added by Ord. No. 93-22, 4-26-93; Recodified by Ord. No. 95-13, 8-7-95)
SEC. 14.268. LOCATIONS INELIGIBLE FOR THERAPEUTIC MASSAGE ENTERPRISE LICENSE.
(a) Delinquent Taxes. No therapeutic massage enterprise shall be licensed if such enterprise is located on
property on which taxes, assessments, or other financial claims to the State, County, School District, or City are
due and delinquent. In the event a suit has been commenced under Minnesota Statutes, Sections 278.01 -
278.13, questioning the amount or validity of taxes, the City Council may on application waive strict compliance
with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for
a period exceeding one (1) year after becoming due.
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(b) Improper Zoninq. No therapeutic massage enterprise shall be licensed if the location of such enterprise .
not in conformance with Chapter 19 of this Code unless such enterprise is a legal, nonconfonming use.
,Code, 1958 S 169.02; Added by Village Ord. No. 226, 3-7-60; Ord. No. 74-119, 11-18-74; Ord. No. 80-55,
12-15-80; Ord. No. 81-58, 11-23-81; Ord. No. 86-38, 6-23-86; Ord. No. 93-22, 4-26-93; Recodified by Ord. No.
95-13, 8-7-95)
SEC. 14.269. LICENSE RESTRICTIONS.
(a) PostinQ of License. A therapeutic massage enterprise license issued must be posted in a conspicuous
place on the premises for which it is used. A person licensed as a massage therapist shall have on such person
at all times therapeutic massage services are rendered the photo identification card issued by the Issuing
Authority. .
(b) Licensed Premises. A therapeutic massage enterprise license is only effective for the compact and
contiguous space specified in the approved license application. If the licensed premises is eniarged, altered, or
extended, the licensee shall inform the Issuing Authority. A massage therapist license shall entitle the licensed
therapist to perform on-site. massage at a business, public gathering, private home, or other site not on the
therapeutic massage enterprise premises.
(c) Transfer of License Prohibited. The license issued is for the person or the premises named on the
approved license application. No transfer of a license shall be permitted from place to place or from person to
person without complying with the requirements of an original application.
(d) Affiliation With Enterprise Required. A massage therapist shall be employed by, affiliated with, or own a
massage enterprise. business licensed by the City, unless a person or place is specifically exempted from
obtaining a therap.~tic massage enterprise license in Section 14.263 of this Code.
(e) Emoloyment of Unlicensed MassaQe Therapists Prohibited. No therapeutic massage 'enterprise shall
employ or use any person to perform massage who is not licensed as a therapeutic massage therapist under this
Division, unless the person is specifically exempted from obtaining a therapist license in Section 14.263 of this
Code.
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(f) Coveraoe of Genitals Durino Massaoe. The licensee shall require that the person who is receiving the
massage shall at all times have his or her genrtals covered with non-transparent material or clothing.
(g) Theraoist Clothino Requirements. Any therapist performing massage shall at all times have his or her
breasts, buttocks, anus, and genitals covered with a non-transparent material or clothing.
(h) Effect of License Suspension or Revocation. No licensee shall soiicit business or offer to perform
massage services while under license suspension or revocation by the City.
(i) Massaqe of Certain Bodv Parts Prohibited. At no time shall the massage therapist intentionaily
massage or offer to massage the penis, scrotum, mons veneris, vulva, or vaginal area of a person.
(Code, 1958 S 169.03; Added by Village Ord. No. 226, 3-7-60; Ord. No. 74-119, 11-18-74; Ord. No. 80-55,
12-15-80; Ord. No. 86-38, 6-23-86; Ord. No. 93-22,4-26-93; Recodified by Ord. No. 95-13,8-7-95)
SEC. 14.270. RESTRICTIONS REGARDING SANITATION AND HEALTH.
(a) Toilet Room Requirements. A licensed therapeutic massage enterprise shall be equipped with
adequate and conveniently located toilet rooms for the accommodation of its employees and patrons. The toilet
room shall be well ventilated by natural or mechanical methods and be enclosed with a door. The toilet room
shall be kept clean and in good repair and shall be adequately lighted.
(b) Paper/Linen Requirements. A licensed therapeutic massage enterprise shall provide single-service
disposal paper or clean linens to cover the table, chair, furniture, or area on which the patron receives the
massage; or in the alternative, if the table, chair, or furniture on which the patron receives the massage is made of
material impervious to moisture, such table, chair, or furniture shall be properly sanitized after each massage.
(c) Washinq of Hands Required. The massage therapist shall wash his or her hands and arms with water
and soap, anti-bacterial scrubs; alcohol, or other disinfectants prior to and following each massage service
performed.
(Code, 1958 S 169.04; Added by Village Ord. No. 226, 3-7-60; Ord. No. 66-64, 11-28-66; Ord. No. 68-64, 8-5-68;
Ord. No. 74-119, 11-18-74; Ord. No. 75-63,12-8-75; Ord. No. 76-59, 12-6-76; Ord. No. 81-58,11-23-81; Ord. No.
82-38,9-27-82; Ord. No. 87-77, 10-26-87; Ord. No. 93-22, 4-26-93; Recodified by Ord. No. 95-13, 8-7-95)
SEC. 14.271. RENEWAL OF LICENSE.
A massage therapist license issued under this Division shall expire on the first anniversary of. issuance of the
license. An enterprise license issued under this Division shall expire on August 31 of each year. An application
for the renewal of an existing license shall be made at least thirty (30) days prior to the expir?tion date of the
license and shall be made in such form as the Issuing Authority requires. Within a reasonable period after the
completion of the renewal license verification process, the Issuing Authority shall accept or deny the license
application in accordance with this Division. If the application is denied, the Issuing Authority shall notify the
applicant of the determination in writing and by regular and certified mail to the address provided on the
application form. The notice shall inform the applicant of the right, within twenty (20) days after receipt of the
notice by the applicant, to request an appeal of the Issuing Authority's denial to the City Council. If an appeal to
the City Council is timely received by the Issuing Aythority, the hearing before the City Council shall take place
within a reasonable period of receipt of the appeai by the Issuing Authority.
(Code, 1958 S 169.05; Added by Village Ord. No. 226, 3-7-60; Ord. No. 73-71, 10-15-73; Ord. No. 80-55,
12-15-80; Ord. No. 87-77, 10-26-87; Ord. No. 93-22,4-26-93; Recodified by Ord. No. 95-13, 8-7-95)
SEC. 14.272. SANCTIONS FOR LICENSE VIOLATIONS.
(a)..Suspension or Revocation. The City Council may suspend or revoke a license issued pursuant to this
Division for a violation of:
(1) Fraud, misrepresentation, or false statement contained in a license application or a renewal
application.
(2) Fraud, misrepresentation, or false statement made in the course of carrying on the licensed
occupation or business.
(3) Any violation of this Division or state law.
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(4) A licensee's criminal conviction that is directly related to the occupation or business licensed as
defined by Minnesota Statutes, Section 364.03, subdivision 2, provided that the licensee cannot show competent
evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation or
business as defined by Minnesota Statutes, Section 364.03, subdivision 3.
(5) Conducting the licensed business or occupation in an unlawful manner or in such a manner as to
constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the
community.
(b) Notice and Hearino. A revocation or suspension by the City Council shall be preceded by written notice
to the licensee and a 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 notice shall be mailed by regular and
certified mail to the licensee at the most recent address listed on the license application.
(Code, 1958 S 169.06; Added by Village Ord. No. 226, 3-7-60; Ord. No. 86-38, 6-23-86; Ord. No. 93-22, 4-26-93;
Recodified by Ord. No. 95-13, 8-7-95)
SEC. 14.273. ISSUANCE OF TEMPORARY MASSAGE THERAPIST LICENSE.
(a) License Conditions. The Issuing Authority shall issue a temporary massage therapist license to the
following individuals who can demonstrate to the Issuing Authority that he or she:
(1) Has current insurance coverage of one million dollars ($1,000,000) for professional liability in the
practice of massage; and
(2) Has completed four hundred (400) hours of certified therapeutic massage training from a bona fide
school that has been approved by the Issuing Authority, or has one (1) year of experience practicing massage
therapy as established by an affidavit and can document within two (2) years of obtaining the license he or she
has completed four hundred (400) hours of certified therapeutic massage training from a bona fide school. If no
such documentation can be established at the time of license renewal, the license shall not be renewed and the
person who received the license based upon experience is precluded from receiving a license in the future unless .
the person has the requisite certified hours.
(b) Duration and Limit of License. A temporary therapist license shall be effective for a maximum of four (4)
days, and a therapist shall not be issued more than three (3) temporary licenses during a twelve-month period.
(c) License Application and Fee. A temporary therapist license shall be issued only upon receipt of the fee
for a therapeutic massage therapist license as set forth in Section 14.03 of this Code, and a complete license
application, which shall be submitted at least seven (7) days prior to requested effective date of the temporary
license. The temporary license application shall request the following information:
(1) The applicant's name and current address.
(2) The applicant's current employer.
(3) The applicant's employers for the previous five (5) years, including tITe employer'S name, address,
and dates of employment.
(4) The applicant's addresses for the previous five (5) years.
(5) The applicant's date of birth, home telephone number, weight, height, color of eyes, and color of
hair.
(6) Whether the applicant has ever been convicted of any felony, crime, or violation of any ordinance
other than a minor traffic offense and, if so, the time, place, and offense for Which convictions were had.
(7) Whether the applicant is a U.S. citizen or resident alien, or has the legal authority to work in the
United States.
(8) Whether the applicant has ever used or been known by a name other than the applicant's name,
and if so, the name or names and information concerning dates and places where used.
(d) License Verification and Consideration. The Issuing Authority is empowered to conduct any and all
investigations to verify the information on the application, including ordering a computerized criminal history
inquiry and/or a driver's license history inquiry on the applicant. Within seven (7) days of receipt of a complete .
application and fee the Issuing Authority shall grant or deny the application. An applicant who is'denied a license
by the Issuing Authority shall be granted a right to appeal to the City Council.
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(e) Persons IneliQible for License. No temporary massage therapist license shall be issued to a person
who:
(1) Is not eighteen (18) years of age or older at the time the application is submitted to the Issuing
Authority;
(2) Has been convicted of any crime directly related to the occupation licensed as prescribed by
Minnesota Statutes, Section 364.03, subdivision 2, and has not shown competent evidence of suffiCient
rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by
Minnesota Statutes, Section 364.03, subdivision 3;
(3) Is not a citizen of the United States or a resident alien or does not have the legal' authority to work
in the United States;
(4) Is not of good moral character or repute; or
(5) Has knowingly misrepresented or faisified information on the license application.
(Code, 1958 S 169.07; Added by Village Ord. No. 226, 3-7-60; Ord. No. 65-56,8-23-65; Ord. No. 78-61,9-25-78;
Ord. No. 86-38, 6-23-86; Ord. No. 93-22, 4-26-93; Recodified by Ord. No. 95-13, 8-7-95; amended by Ord. No.
98-7,3-2-98)
SEC. 14.274. PENALTY.
A vioiation of this Division shall be a misdemeanor under Minnesota law.
(Code, 1958 S 169.08; Added by Village Ord. No. 226, 3-7-60; Ord. No. 68-64, 8-5-68; Ord. No. 86-58, 8-25-86;
Ord. No. 93-22, 4-26-93; Recodified by Ord. No. 95-13, 8-7-95)
SEC. 14.275. SEVERABILITY.
If any section, subsection, sentence, clause, or phrase of this Division is for any reason held to be invalid,
such decision shall not affect the validity of the remaining portions of this Division. The City Council hereby
declares that it would have adopted the Division in each section, subsection, sentence, clause, or phrase thereof,
irrespective of the fact that anYone or more sections, subsections, sentences, clauses, or phrases be declared
invalid.
(Code, 1958 S 169.09; Added by Village Ord. No. 226, 3-7-60; Ord. No. 93-22, 4-26-93; Recodified by Ord. No.
95-13,8-7-95)
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LNgu. of Mia,"". Cilia
Cia_ prornoHng -=-lLn1u
-k ClTYOFFORESTLAIIE'S*,
ORDINANCE NOMs"'-i
AN ORD~ TO LlCENsE~ANJ5
REGULATE SAUNAS AND MASSAGE
PAIlLQRS IN-THE CITY OF FOREST
.1.AKE. __.___m_'_ ":Y~~
The City Cowleil o/!he City 0/ FcriSl
. Lake, Minnesota bei'eby'ordalns: ,_~:-~.j:
That Chapter 29 of the City Code Of We
City 01 F....t Lake Is bereby reoeaIiiI
and a new Chapter 29 is substftutea iDlli
placeasfoUows: . -'. --::r~
CHAPTER 29 . ::'.:!"~;;
SAUNA AND 'MASSAGE PARWBS/\
Sec. 29.01 5rATEMENT OF POUcY"
The City Cowleil 0/ the City 0/ F'- .
Lake deems it necessary to pruride 'fcr"
!he speeial snd ....... ~~
businesses or eommerdal ","
which operate as massage parIori 'au:,.
D2S and similar adult" orieDtated~~
eo ......ling under dilfereat. oaoi<O'lli.
order to ~ the public hoaI";'_'."
oM welfare and to &uard agaiDsttl'linD'.
_andtransDUssl",o/~Ttili.
City Cwaeil fU<tlw; IInds that. .,.".. .':
"daJ enterprises such as the -~7~
scribed above, and aU other -~~
establishmentsWbose serVices~ i.iiC:tiilI:e
sessloes offered to aduI"'~'j;f
priwte by members. ri the ~.tt,. .-
opposite .... and empl..... ..,. -, .
with.. speclallsed trabIblg. are ~
tibbt to operation ill, a Jiumner ~
velling"subverting or eocSangeiiDg:Jtie.
morals of the eommUDitf bY befdt~
site ~ acts of, [Jin.!.~~~,Olilhusclt seX.'._)I~~.
OCC8$IODSO viOJfiiiICl'imes, .~~
.iDg d... inSpecti<xI,'Ueiolib>IIsnd'~
latioa.. ,.-.,' :-_.o.~/~,.,:.,~~~~_~~,*,
The 'eft)' ~~, nods, that CoD:
ti'Ol aritf I'eguIation Of- eOInMm:iaI
establishments of these types, in vieWOf' .
the amsses,mten perpetrated, require in-'"
lensive efforts by the Pollee DepartmeDt ~
~nd other departments of the City. AS' a
consequence, the CO!lCeatrated use of
City services in such eonl:roI detra~
from and reduees the level of servicfi- -'
available to the rest of the commliftlt.y
and thereby diminishes the ability of the
City to promote the ~I health. wel-
fare. morals'and safety of the communi-
ty.
Sec. 29.02DEFlNITIONS
M used in this Chapter the terms de.
fined shaD have the meanings ascribei:l
to them. '.".,
(a) Business License: A license lssueCl
by the City autborizing the practice.or'
administering of massage or the open.
lion of a sauna On premises within tbe
City of Forest Lake. ,-' ,~"
(b) Massage: The rubbing, .s~
kneading, tapping or rolling 0( ~ bocfy
of another Mth the hands for the'-excm.:
!live purpose of physical fitneiSs;'ie1u:-
alion, beautification and for no other
p.,.....
Research and Information Service
T
(c) Massage Certificate: A certificate
issued by UJe'aty to a masseur Or mas-
seuse a~ the bolder' tbericl to',
practice or -administer masSage ln' the'
Clty olForest Lake.. . ,-",:"
- (d) Masaige Parlor: Any pren1i:seS' at
orinwhich~geiSperformed. . .,.'
ti::1~ksma;:a~_~-~~
(f) MasseUse: A female persOn Who
prsctkes eot8dm1alsters massage. .... .
(g) SaUD:f:_A steam bath or beat be,tb-
log room ~ foe- the purpo:SeOf bath-
ing. rela%iDg:~.-educing utilizing steam
or hot air as a _cleaning, reluing or re-,
dudagag~. '.. . ....
, SeC. :-:,:'. 29.03MASSAGE
DISTlNGulSBED :. .
The practICe of massage is hereby ~
dared to be jIIstinct from the praetIee 0/.
medicine, ~ery, osteopathy; _ddro-
practle, ph~ lherapy. or l>Od!alrY .
and ~dI1.lJi..lieeMedLD this Shlteto
P'l?ctice ~~ surgery, ~teOpatby~
cmropractic. pIiysJcill thenipy, -or pOdia-' " ' .
try, and nurses who ~ ~I~y~.~,.
lhedlrectl..o/sueh_are~ '
exp<ess1y e~~.l!'~:l'!l!.j';1'!l'!\
of this Cbapter'.-~aity.Cultunsts:lD4;
barbers who do not glve, or bold ~.
selves. out to give. massage treatineD~
as defined herein, other than is. ~" .','.. . . .
arily given in Suc::b shops or p1a~';J
business, for the purpose of bea, _~- ,:<
tion only stWI be exempt from the ,:: . J
siODSottbisCbap\et. ",',if:[~i
Athletic directors and ~:,'P:I
perform massages in the course ,~~-~
athletic program or event wbich is.e'i
sorell by a local unit of governmeDt.tiCf',
nafilde educatiooal. iItStibttion com. ply'.. "'\1
ing with state or local regulations, booa
fide churches. synag..... .. inSfl....
tions of organized religion or bona fide,
non-profit civi.e organizations are ex-
preSsly excluded fronJ the requiremeats 1
of this Chapter provided that the ~ I.
forming of massages is subsidiaty to the
performing of other services and tasks. ,
_ See. 29.04 BUSINESS LICENSE RE- \
QUlRED ' , .
Subd. 1. No person shaD engage in the. I
business of operating a saUlla or mas--
sage parlor either exclusively or in cOo- II
nectlon with any other busine$S eater-
prise without obtaining a business
license as provided in this Chapter. ,'_ I
Subd. 2, Whenever any establisbJnent '
ceases-lo be licensed as a massage. par- .
lor or sauna whether througb the SlJS--'!
pension. caneelIatioo, revocatiOll,-noore-
newal or lapse of its license, its owners i
sbaU imInediateiy remove from pUblic
view any sign or cfu.play which identiftes
the establishmen. t as being a sa.WNl ,or. ~
massage parlor or as offering sa~ or
massage services. ' .'-'
Sec. 29,05 CONTENTS OF APPLICA-
TiON FOR BusINESS LICENSE I
Application for a busineSS license
shall be made OliIy on the forma provid-
ed by the City Clerk. Four complete c0p-
ies Q{ the application shall be furnished
to the office of the City Clerk containing
the following information: .
(a) address and legal deseriptiou of
the property to be.-l;
lb) the names, addresses and pbaM.
numbers of the owner, lessee, if any,
and the operat.or or manager;
(c) the name, address and telephone
number of two persons wbosba1l be resi-
dents of WashingWD County and who
may be called upon to attest to the appU.
cant's, manager's or operator's eharac-:
ter;
Classification
~Cj (-
H:v~st WLV
~
Municipality
Date
. s.;,. 29.07 GRANrlNG OR DENIAl
OF LICENSES .
License appJicatiODl!llIhaD be l'e'riewer
(d) whether Ute applicant. manager or ; ~ p~ Departmeat, PJ.anaIag I)e.
operator has ever been ~e'ted of . as the ~~ Clerk su:.u ~ deparbDen~
crime or offense other thad- Ii traffic of- The review ~U include any -;:Jl~~
fense and, II 50, complete ,nd accurate of the preDUSeS covered by the ,BIIPIiCa
information as to the time, place and nI-- lion by the Building ~:Url ~
ture of such crime or offense including ~t to determine ~-' -''':tbe
lbedispositionthereol; ,"-', preunses ~orms to All a'.'
(e) the names and addresses.otau. Code .__...----.... n~-:.;:.::t'_"ts:..::.._
credilorsoftheapplicant,OWDer,Ies&ei!. .""':1-"'"'....-. ~UVIRi
or manager insofar as and .............1:..... SCl~ be made in writirig fotfii"":CIty
._....00 gA. Tberealtes-, Hceases ibIii':"be
credit which bas been exteDded for the FSdted or denied, by the-Ci_ty: aert-....
"",!""".O/ eonsUueting. equipping. jeclto ~ _.o/llds"""~
=~~~~=ng:. ~_,~eant ~y.a_~J~~.!?ty
feets, equipment or anything incldent to Council from tbeClert's L -, ~:.;:;
the establishment. mainleDaDce'~ _~ Sec. 29.08 CONDITJONS.. ,GOvERN.
eratloo of the massage parlor or mas- ING ISSUANCE OF A BusINEsS 'LI.
sageestablishment;:~ '.':-:t.,':":-' CENSE. -' .~. ~- i
(f) iftbeapplicatiooistitadeonbiibaIt . Su~ I..No busiitesS neeose-~ be
of a corporation, joint business venture. issued if Uie applicant or any Of itS oWn.
partnership or any legally, COIlStitUted ~ls~' managers, employees. ..
busi.oess association, it shall su6mit a&.... IS a person of bad repute.
along with Its appUcation.-.ccura~.8od Subd. 2..Business licenses sbalfbe is.
complete business records Showlni the sued only if the applicant and all of it.!;
names and addresses of all individuils owners, lessees, managers, employees
haviDg an interest in the ~. --in- and agen~ ~ free of convictioDs fof of.
cluding partners, offieen, 0WDeI'S . f~ whl~ lD"IoJve moral turpitOOe or
agers', members of the board of diJ'eC. w~~ re1a,~ directly to such pefsoa's
tors, and creditorS furnishing credit lor ability, capacity, or fitness to pei10rm
the establishment, ~t,ion, maintt-- ~ duties ~ discharge Ute respcasibU-
nance and furnishing of ~ business'iD- dies of the licemedactivity.
cluding the purehase or acquisitioo Of Subd. 3. Liceftses sha11 be issued oaJy
any items of pen;omI property for use in to app1i~~ts WOO have not. within one
said operation. " ' " . year pnor to the date of applieatioD
(g) eom~~~,:- accurate docum.eii- ~ denied licensure; or who hiVe not
taUooesta' . theinteres.t.o!theap- wtthinsuchperiodhadtheirlic:enSere--
pliClldt and any other person having an voked. . .
interest in the premises upon or in wbiclt Subd. 4. Licenses shall be 1Ssuec:i only
the business is ptoposed to be located in to applica~ts who have answered lull
the fonn of a lease, deed, CODtract for all o.f th,e ,information reqUested in ~
deed, mortgage deed, mortgage ~t appbcatl(Hlo, have- paid. the full- lieeDse
arrangement, loan agreements, security fee .and have cooperated with the aty'ln
agreeDlents and any other docmDents l'eVIew 0{ tbe application' ,+
establishing the lnterest of Ute applicant Subd. 5. ^ license sbaIi not be granted
or any other person in the operation. ae- to an appli~t who is under the age oi18
quisition, or maintenance of the enter- years. '
prise altering massage; _ Subd. 6. Ucenses may be granted on.I
(b) the ppIi ,,- shall Iso for loeatiJ; with ......... . y
a cauuu' a cootain in....'_a--,.aeti'"ti...-. ness zones aUow-
blueprints, diagrams, plans, layouts and -... UUUOU; YI '
the like sOOwmg the eonstruclion, NVi,- Subd. 7. iJcenses lll8y be graotecj,OOiy
sion, remodeling, alteration or additions ~ establ~ents Which. ..... meet.the
of or to the premises aDd spedficany ~ety. ~~ and buildiog code re-
showing the layout, design and arnuige- qwrementSof lbe City. : .-: ',",""~- ,
men! of the bathing and restroom faeili. Subd. 8. A license shall not be gi'iUited ;
ties and the size and type of equi~..t if granting the lieense (a)_ would be .
and facilities to be used. ,consistent ,with the comprehensive ::
See. 29.06BUS~LICENSE-FEE, vel~entplanoCtheCity,ot (b) would
LICENSE INVESTIGATION FEE AND otherwise have a detrimental effect
LICENSE YEAR ~ ~ property or properties in the ':
The invesligatioD fee shall be $250.'00 CUll y.
and the annual license - fee sbaIl be Sec. 29.09 CONSTRUCTION AND
$150.00. A license unless revoked, is for MAINTENANCE REQUIREMENTS
the calendar year or a part thereof, for Subd. 1. Each licensed premises sbalI
which it has been issued. The license fee have a Be(lBl'8te restroom fOC'- tnemben
and fee for the investigation of the Ii- of eacb sex.
cense application shall be_paid wbeD the . Subd. 2. Floors, walls and equipment
application is med. In tbe"eveut that the lD massage rooms, restrooms and bath-
application is denied or the license, ooee" ~ must be kept in a state of good re-
issued, is revoked. canceled or surreo- ~ and sanitary condition at aD times.
dered, DO part of the amwaJ iteeuse lee Linen andotber materials shall be
and investigatioD fee shall be returned stored at Jeast twelve inches oft the ,
totbeapplicantW1lessbyexpressactloa Door. !
of the City CouDciJ. A separate liceose Subd. 3. Individual loeken 8baU be '
shaD be obtained each year for eac:b made available for use by pa~, with I
place of business. The licensee shall dI5- ea~ locker having separate ~ for
play the liceme ill a prominent place in I locking.
the licensed premises at aU times.' A li- Su~. 4. Each licensed premise$ shall I'
~ fal' the operation 0( a musagel prOVIde adequatt; reJuse roecepticles
parlorol'!launais noatransferable. I w~ieh shall be emptied as oltea.as re-
. qwred.' ",'';,.''
Subd. 5. The doors to the iDdi~.
m.assage rooms shaD not be equipped
wllbany !~king device norBhall tbeybe
locked or obstructed from eilber .aide 01
the door, Each individuaJ massage roOD.
s~J1 ('ontain a private dra:sing ara"
with hot and cold running wa~+ Cleao
tow~ls. wash cloths and linens must be
available for each customer.
w. Mala ~ doors to the I
,.:ax :WI ... un1<>ck<d at aU limos I
....... ....bows.
./ See.. ; MASSAGE CERTIFlCATE .
1IEQIJI, 0
""-~_.........
_willW!!be. . ..,
certificate.._ _ hi'. ".__
'sec."'.11 APNeA-
TlON FORlWsAGECERTIFI<':'.!!:..'
.appJicatiaa lot a 1DU8lIIe-=r .
1haJJb;_ooIy...,orma...._
the City. Tbe.._....,sbaIl
-... lb. 10000winC bit.......... to-
getJw with any other illformation the
CJ~~:E~=rtheappllcaat.s~..
IlGaaJqualilleations. inCl_=
or eertifiedlcopies at degrets, di omas.
otcer1ificatei, it any, iDduding~=
recftviJlg at least 100 boun 01 .......-w.u
.....=:~.gelnllning.~
_anda . _ bya~tateorua.lloIiaJ. .
~~ri~~==!:;~-":
qualificauoils to practice massage.. ,-,' ,
Ie) '!'be !fames. . and .~~
........ re;tdenUolW ....
~::.~.::::-' to.. to~'~~1
<d} Whetbei the aPPlicatiOD bu ~ ,.j
beeneonvieJed, of a crime or ~~_~~
er than a tI1fiic offense, and if SOt iDfor-:-,
maUoo as to!be time, place and na~~,
o(~~~~ormof ~~:;tt
certificate ~ a 1ieensed 1":'J',~~t
practicing In. ~ .Indleatillill!l;
~e~l~t.:.~"S'
m) that sucb.~~_="''-':'_'_
pw'pOSeof~w "we~p-';.
plicant bad .ur_coU'rftlpl"$lble diseaSe.
.Dd{lli}tb&tU_8~ol~~
Ilatioo he believes tba:! applica.o.t 18
sufferiog (rom any _nn.m...:.hle:
ease which would disqualify the . _ ~.'
cao' from epgaging .. !be ~.~:S"
......ge. TlFlCATE FEE, CER-
TIF"%.";;!f ~GA:QO~' AND
CERTIFICATE YEAR .;"'".:~' c .
'l1le _ali<lD I.. shOll. be 1SO.1ll
tbe annual eert:ifkate lee sbaU be
Tbe e<rtifieate year sbaJl be lba
"tar year and a' eettiftcate sbaD be ,
v_d lot: lbe .....~=olTbe!be...=
year in which II is
fee aad fee for lDvesUgatioa for the eer.-
_Ie shall be paid wbeu!be a~
tion is filed. ]a die event that the 8ppIi.
caUOII is demed oc that. the certI4ca~
once issued, is reVoked. cauceled or sur-- .
-. DO part "'!be lUlllUOl_
eate [ee and 1J:rirestigatioD fee for tbe is-
suance of a eeitmcate shall be retumed
to the applicant unless by express ~
ol!be City C<>uPciI. A ......... ,~~
eate- abaU be obtained each year'- ~Tbe
certificate bolder shall rlplai'lp1..ylnlbe.!be.....1l-
Ufieate in a prnminent ce
~ premfses _at all times. A Certlfi.
<=ate permitting the bolder tI:Iereqf.-to
practice massage Is nontransferable.
See. 2IU3,lNVESTIGATlON OF liP.
PUCA-TION .;".
~rtifieate A~I.ioDs,abaUtt;~j
_bytl.tl'oJi<o~
shall furnish written rccommeDdaUoas
to the City C1erk. Tber~Itercertifica~
sbaU be gnmted or "",,,ed by !be C;ty
Cltrk subject to the ~iODS of tbis
Chapter. The applicanl, may appeal to:
the City Council 'from pie Clerk's. ded:-
s[on. ';
See. 29.14 CONDITIONS GOVERN- l
ING ISSUANCE OF A MASSAGE CER,"j'
TIFICATE ' :'",
Sttbd. 1. Certifiea.tes shan be ,issued ;
only to persons who have rtee1ved aDd '
can furnish proof' of receiving at least
100 hours 0( ctrtified therapeutic- mas-
sage training ~ and accepted 1
by a slate IX' natioaal proCemonat thera-
peutic massage organiZation.
SUbd. 2 Certificates shall be. issUed
only to persons of good rtpute and per.
s bo are in good health and free
y ~rnrnunicable diseases wbicl1
isQualily the applicant from e!r
ga...lng in the practice of massage. .
Subd. 3. CerUflC8tes sbaU be issued
only to pel'SOI1lI free of QldVfctitmllor 01-
lenses whldl involve JDGra.I turpitude Gr
whidl rdate dlreeUy'to such penoa~.
ability, eapaci.t~"V to perform
the duties and die respcaII1bD-
itie3oltbeoceupa~._, .
SuM. ol. CertifieateitibaU DOt be-.
JUed .. ....... __. withln _
year ..... .. !be ..... ol .ppUcatlQO,
-__; ot:wbq.bave
bad bisor1ler.. certfIbt.e~orsur..
'""""'"'lilt'... by'....]iOIllleallubdlvi-
sI"'lI1uil1C!i'oU~itlij;l!ie"'''ol__J
~;. ~....;..n i,;~'1
omy to appJicaats wbo have ftdIy ~.
...._........-.daU"lbe~,
lion requested ia tbe awn.' 'ca~ ~
paid the full certifICate If!e and _ ,.
don iavestigatiOll fee. . . "
Sabel. .. CertificateS llbaIJ be' . ."
only to persons 18year.s f1I age or~;;~:
See. 29.15 RESTRlCl'IONS ~:~\.~ .t.~
REGULATIONS . _ _ )i;~
Snbd.l.NobusineaIiceasee~,~~;
ploy aoy persoo as a ~ tJt,_~~
seuse without fust .iuuIing that:.iaiiI-~
employee a.valid~Y
[or the aJ::tiOll or pracU~~"
massage. Theeerlilia.te:sbaU be~
n<nUy alld _ dlspJ.a)'ed... ~pre,~.'
,-"..,-
~':I. 'l'be _ ..-..s-~
DOt be open Dfin operaUoa behveeaJ~j
boors of 11:00 P.M., and 8:00 A.M..JJd: .
SU<<<e<Iblg day nor shOlIaoy""'" .
gaged in !be pncti<e.0l ~'I!<J'. =
said ......... or P<rl\Wll1 auy ~
or admitsister any JDcb. ~<,"
tWeen u.e bours t)( U:t)O P.M.
A.M. ...!besucoeedlAg~.
Subd.. 3. The U~.\
masseur and any .~ in
ploy Of' agents 01' GfliCen
auy and aU....... wi"'''''-'!,l, .,
business sball....pty_ alI.8JlIlli..;
bl. ot:diDanceS, _..... and IaWiJ;l,
the C;ty of F....t Lake, ... S.... oll!l!i' .
aesota and. the Utlitecl':Rates Go9~
m l "'if'"
~4. JItbeHeeosee:lla .~" .
or corporation. the ~ shaB..
nate a _~ to be ~ger b4:~
_.chargeollbe~._,.
person sbaD-rem.aia ~le fat _',:~' ~~
duct of the blzsiDe:ss UDUt~.~;?
able...... baa been ......,..'<<1 .. ~
lAg by !be U....... 'l1let...' '-;:;::';'t""~,
proa>pUyootily!bepolice; . .~.
lVritiog of say ebange fD,.~ger ~~
catiIlgtheuame,addr'e5:!,@Dd~~
Dumber of the aew II18IIIp ancl,~-~
[ecti.vedateofsucbclJaurca :?-.;"~ _~_:
Subd. 5. Every _.sllaU.~
and allow' aD _~""inA~ aod.JI.tI~~
tioo " every part of !be ......... iiY:';
pollee. fire or other a'lbar!ly ol!be qty
dur:iDg ncnnal busiDess ~ six ~f.:
eachyear-. Refusal toaDmVsucb~.
1i0ll or to answer the request 01 City: ~:
nee. fn or other autbority to be adniit~~
t<d to a _ premises _ . !Ie'
r;roonds fbr" .suspensioa 01' revocati~ t!.
aUI.ieenses. ' ^ .,~,..:
SUbd. 6. Any person acting .as a, '
seur Of masseuse &baD have his ~ bet,:
c:ertifieate displayed ill'. promineDl;'
place at his or her place of employment.
and upon demand by auy poll<:e offi....:
or other autborizt!d cffica_'Ol' agent t!!
the City of FOft!St Lake,liJ:j person 5:,
gaged in pradidDg ~shaD ~J
ti!y himself or herself gi1lm~ber.'
true legal ~, ewrect , ~.<
lei....... ......... ~. ""
Subd. 1. No penoa ~~8 years 01..
age shall be permitted UJlOij or allowed
to be elDpIoyed or to t.ern..,i; any. boo
lisbment Hceused undes' ~ proviSi :'
olUUsCbapter. ,~I . :;:
Subd. 8. Any penIOIl ~ting mas-
sage withia the City 01. Forest Late aball
inilially .dvise !be C;ty ollDs ot: her ad-"
dress and teIepbone Il\1IIlber and sbaIl. .
further advise the City olaay c:hanges in_:'
address or ~ I1Wltber within <
thirty (30) days of such cbaDge.
SuM. 9. Any person practlc:ing mas-
sage within the City .may do SQ oo1y at
premises which are licemed for the eon--
duct of such business as herein provided
and further, aay penon practicing mas.-
sage $baU inform tile City tA any c:bang_
es in employment or the location of his
or her employment Withid tbe City \rith.
in seven (7) days after.sadl change.
Subd.. 10. Every persao to wbom .~
massage certificate is ~ sbaIl .,~
pear .......... at !be PGIi<o ~,
""'" .. <'OCOlve ddh<<y " the _.
=.;:;C......_shOlI~
f..kIentlllei....,m
~~~~~,
.nd a IeCQQd c:opy tbeteof shaU be~,
..the_"lba-:-~~aU'~.'
SUbd. 11. PriCe rates ., , . _"
abaUbe~y lbe....~
tioa area La a locatlcxI a~1e to.~
~"_ors" . ,
Sec. 29-:-18 HEALTH .uw D~
CONTROL .'
No persoa while affIieted with
ease ill. I"nmmuhi,..h{e [em <II" ,
carrier oI.sucb: disease Of ~,
=~~..DO ~":".-=-..'
1IISpeot<d " beiDg. . 'wi .
such disease or ~:. . J';-':;
ployed or penniteecrid.sueb ~':"
pa~. ...17REVOC,6,T10N;' .
StoN OR NONRENEW;
BUSINESS L1CEJ<!SE Olt,
~~la~~,,:-:c'j~'.' . ,..,
tificate may be revoked, sus~~-.':'
..._ by lbe C;ly CouDdJ'_.
. endatioo ol.)he C;ly CIeri ....
:::: that the Ucensee, its '4i~1.
managers, employees, ageats, fI!-~W';-
9ther interested parties, as ~~,
in Section 29.1)5 with the ex~,~{i
creditors, or the masseur or:~?
haw qaged In any of the f~,.
c:onduc:t: . . :L;-!~~
(al Fraud, ~on or ~
lation in c:onnectioo-witb the securing ~
thelieense.. , '::"'~:~';"'~~:
lbl HabUual dnmIteness or iDWJi~
anet in the use at drugs ~ bur.nOt:
Umited. to the use of drugs~ defined.)Jt_
Minnesota Statutes, Section 618.01, ~
bitw'ates, hallucinogenic: drugJ,.";,~,-;
pbetamines, ben<ezedrine, dendrine~
other sedatives, depressants, stiJnulalits
orlranquUizers. '. " '-r.'
(<)Engaging in eouduct. ,
moral lUrpltude by pennittillilor aI!.<!!!f
ingotberswitbin tbeirernployor.~
to engage in conduct involving ~
Ulrpitude or lailiDg to prevent agents;~
fleers or empJo~ In engagiug in ~
ductiuvoJvingrnora..l~,I":~
.ld) _failure to luUy comply with
requirements ottbc"CltyCodcaf the;
01 Forest Lake regaJ'ding" the' : .
and safety conditicn, ,ZODipg '. ,.
lIlen~. b~ding cOde requirements
ordinances. the violation 0( which. m.:
volves moral turpitude, or failure., ~
=~~ with any requiremeu~~,~
(e) Conviction of an oIlense invoJ~
moral turpitude by any court of COtnI)e:
tent jurisdiction. . ~ . ~.~
(() Engaging in any conduct which.,
woWd c:onstitute grounds lor refu$a.f to,
issue a business ijeenseor massage.~'
tificate herein. . '~
. Sec. 29.1SAPPEAlS
The liceftsee or massage ceruneate
hotder may appeal sucb suspension, J'e:-.,'
voc:aUonor oonreuewal to the Clty~.
cil The Council shan c:oosider the ap; :
pea.I at the next regularly sc:heduJed
Colmci1 meeting on or after ten days_
lrom service of the notice of appeal 011
the City Clerk. At lbe _... ol!be
_lbe CouDcil may onIer: I c.:
(a) That the revoc:atloo. auspensiCIII cr
DOnteQewal be aff'lmled. , .:.~'~'__.
(b) That the revocatioD, suspeDSiODor.:
nonreuewa1 be lJ{!ed and that the license
or c:ertilicate be reinstated. ,;; ~
(c:) The City Coondl may base ei~
suspension or issuance of tbe license 01'
certificate upon auy additional terms,
cOnditions and stipulations which it
may. in its sole dJsc:retiOtl. impase.
,
MAR-25-01 MGN ,55 PM Cry 01 FOREST LAKE
FAX NO, 651 464 4968
P I
.. "
I
Poat-It" Fax Nett
To
Co,""..l.
7671
APPLICATION FORM l<'OR SAlJNAlS OR ~Af.jl!: fAKLOKIS LICENSE
INITIAL INVESTIOA TIVE FEE $250,00
LICENSE PER YEAR $300.00 . (NOT PROM TED)
TRADE NAME
DA'IBOF APPLICATION
LICENSING PERJOD
FULL NAME OF APPLICANT, OWNER
IF INDIVIDUAL
PHONE NUMBER
ADDRESS
CIlY
STATE
DATE OP BIRTH
PLACE OF BIRTH
ADDRESS OF BUSINESS
LOCATION
LBGAL DESCRIPTION OF BLTSINESS LOCATIOl'l:
LIST OWNERS Of BULLDINO OR PREMISE TO BE LICENSED:
NAMES:
ADDRESSES:
DATE OF BIRTHS:
MANAGER'S NAME
ADDRESS
PHONE
MAR-25-01 MON :55 PM Cry OF FOREST LAKE
FAX NO. 651 464 4968
P. 2
,
OPERATOR'S NAME
ADDRESS
PHONE
LIST TWO (Z) CHARACTER REFERENCES WHO RESIDE IN W ASHINOTON COUNTY fOR
EACH OF THB ABOVE!
NAME
ADDRESS
PHONE
HAS APPLICANT AND OR. MANAGER EVER BEEN CONVICTEP OF A CRIME. OTHER THAN
A TRAFFIC VIOLATION!
r.:l YES
Q NO
IF YES, GIVE EXl'LANA nON ON A SEI' AM TE SHEET OF PAPER, INCLUDING TIME. PL.ACE
AND NA TtJ'R1! OF :eACH CRIME OR OFFENSE AND DISPOSITION THEREOP.
UST ALL CR.fDITORS INVOLVED IN 1HE CONSTRUCTION AND MNNTENA1'KE IN ANY
WAY PROVIDING DEBT OF EQUITY FINANCING TO SAID OPERA nON:
LIST CORPORATE Oil P ARTNERSHlP TITLE, IF ANY
CORPORATE OR PARTNERSHIP ADDRESS:
LIST ALL. OFFICERS. MANAGERS OR DIRECTORS, IF CORPORATION:
NAMES:
ADDRESSBS:
DATE OF BiRTHS:
2
I
MAR-26-01 MDN \:56 PM C~Y OF FOREST LAKE
FAX IQ 651 464 4968
p, 3
<
.
Pleaso submit accurate and complete bllSlness I'tCOnIs mho\lIing lllUJIes and addre!l!leS of all
individuals hllvlni an interest in business including partners, officers. owners and credirors
fumimbing credit for establishment ~quisition and maintenance and furnishinll of said hl.lSiness.
Please furnish accurate documentation establi~'Ung the interest of the applicant and any other
person having interest In the premises upon WIUc!lI!le building is proposed to be located or
furnished thereof. The documentlltion shall be in the form of I'. lease, "'ed, contract for deed,
mortgllgc deed, etc IIlld 1ll1)' o1her clocuments crr.ablishing interest of the applicant or any other
person in the operation.
Please provide blueprints, diagrams, layoutS, etc. showing con.slIUction and or remodeling to the
premises and specifically showing the II'.YQut of the bathing Md restroom facilities to ill' IlSed.
Applicants and his a.!sociates will strictly comply with all teiUlatior.!l promulilltcd by tho City
Council of Forest Lake and all ordinances of said municipality,
J hereby certifY that I have read the foregoing questions and that the answers to said questions
are true of my own knowledge. I further understand that an investigation fee, not to exceed
$250.00, shall be charged !llI applicant by the City,
Signat1l1'C of Applicant
Subscribed illld sworn to before me
Thi. day of .20_
STAMP
Notary Public Signature
My Coouni$8ion Expirell
j
,
.
MAR-26-01 MON 1 :57?M cry OF FOREST LAKE
FAX N~ 651 464 4858
I HEREBY CERTIFY THAT! HAVE lUlAD THE FORGOING QL'llST10NS AND T'rlA T THE
ANSWERS TO SAID QL1!STIONS ARB TRlJE OF MY OWN KNOWLEOOIl. I FURTEER
UNDERSTAND THA r AN INVESTIGATION, FEE NOT TO EXCEllD $50.00, MAYBE CHARGED
TO AN APPL1CA.".J;lY THE CITY. IF CONVICTED OF ANY CRlME OTHER THAN A TRAFFIC
OfFENSE, r WILL R.EPO&T stiCH C0N\I1CTION 10 THE CIn OJ! /!OUST LAKE
1MM!DIATELY,
SIGNA Th"'RE OF APPLICANT AND DATE SIGNED
I HEREBY AUTHOllIZl! THE FOUST LAK!! POUCE DEPT. TO CllllCK MY pOLICE RECORD
AND DO HEREBY RELEASE THE cm OF FORBSTLAXE AND ALL INDIVIDUALS
CONNECTED THBIU!WlT'li FROM ALL LlABlUTY FOR DAMAOIl WHA rsoEVER INClJR.iUlD
IN FURNISHL"lC SUCH REPORT,
SIGNATURE OF APPLICANT
RENEWAL FEE IS SSO.OO PER ~A LENDAR YEAR.
l __________
.-- -- ---
F. 5
II!R-06-01 MON'
~'1L.. L. l .
:56 PM CTY OF FOREST LAKE
FAX 10 651 464 4968
J'
.
RENEWAL APPLICATION
FOR MASSAGE THERAPIST CERTIFICATIONILICENSE
IN THE CITY OF FOREST LAKE
ORDlNANCE 448
RENEWAL YEAit
MASSAGE LOCATION/ADDRESS
HOUR.S!DA YS Of' OPERATION
NAME OF APPUCANT
(&;.1)
[milWle)
HOME 1ELEPH:ONE #:
(lMt)
OATS OF BmTH
SCKOOL A ITfNDSO AND DBGREES RECEIVED:
LIST QUALlFICA TIONS REQUlREO 1'0 PRACTICE: MASSAGE:
LIST TWO (2) CHARACTER UPElWNCES WHO RESltlE IN W ASHlNOTON COUNTY: NA."iES,
ADDRESS 4: PA J1! 01' BIRTH
HAS APPLICANT EVER !l!U!N CONVICTED Of A CRIME. OTHER THAN A l'RAffiC
VIOLATION'! ~YES ~O
IF YES, PLEASE GIVE AN EXPLANA nOl" ON A SEPAAATI! PIECE OF PAPER. INCLtJDlNO
TIME. PlACE Al'ID NATURE OF SUCH CRIME OR OI'n.NSl! AND IllSPOSrnON nmREOF.
THE APPUCANT SHALL PROVIDE THE fOLLOWING INFORMATION:
A. BVIDI!NCE OF APPLICANTS' E!lUCA'l'lON INCLtiDINO CONrnlUlNO EDUCATION rF
APPLICABLE.
B, EVIDENCS OP APPLiCANtS' QUALlJ'lCAnOl"s AND Cw.RACTER REFBRE.'>ICES.
C, BVIDENCE IN TIm FOaM OP A CURRENT CERTlFICA'P> PROM A LICENSED
PH'iSICAN PRACT1CING IN MINNESOTA INDICATING THAT SAlt) MASSAOE
~[ST WAS E:XAMINW AND ISPRl'.!! OF Al'i'Y COMMt.1NICABLE DlSEASl> THAT
WOULD DISQU.u.lF'Y THE APPLlCA.'>IT PROM ENGAGING IN nm PRACIlC OF
MASSAGE.
A RENEWAl CERTIFICATE WILL aE R,EQUlREJ) EACH CALENDAR YEAR, ALONG WIlli A
PHYSICAL ID<AMlNATION CIlRTIFlCAT!, COMPLETED APPUCA TlON AND Rm.'BW AI. FEE
OF $~O.OO. APPLICANTS WlLL smCTL Y COMPLY WITH ALL REGULATIONS
PROMULGATED ay THE CITY COUNCil. OF FOR1!ST LAX:S AND ALL ORDINANC:SS OF SAID
MUNICIPLATY,
P, 4
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LNzg.- of MinnuoliJ Citi.
GNu "..._tn.g--n.....
Classification
Municipality
Date
Research and Information Service
'1\ j \". :",oJUlINAN.,.,_-~CE~O. 5l!O
.~ r'-\CiTY~
',DAJI'fJ'l,'ACObNTY, .... '. "'':i~
'AN ORDINANCE AMENDING TITLE 8 OF,TBli1
.-. LA1lEVILLE Cl'l'Y CODEDY ADDING <\;,
~CHAPTER 16CONcEaNING LICENslNd'OF.
,"; PERSONS WHOADlIIINJSTER~QJilS",'"
THE .CITY' COUNCIL OF THE9IT'!9F'.
LAKEVILLEORDAINS: " ."" ; x" '..-.
o . ~nn t . Title 3 of the Lakeville City Cod_e,_is .
amended ~y adding Chapter 16 to read:". - - _, ,
3.16-1: PURPOSE. . '..,. 'OJ"_ ""'Y"
. ~ ~t.atP-mf!nt.. In order to protect_.~, publi~,
health. safety, atld welfare and to guard a~~.r
ineeptionand transmission otdisease. theCityCouii._.:
eil deems it necessary to ,provide for the reguhJtion
-and licensing'of persons who administer m~s. ,;
. . .,"~ --";'.~;. ..;.
3-16-2: DEFlNITlONS. . - ;...'i';
Ail used in this,Chapter. the tel'DlS"defin~ in this_.
~etiGn shdl have the_following me~ngs Ilscri~ _.
to them- - "':,_ ",: -'", _ "'-,:\..,"",,~~,l:
Mas~e: The' rub~~. stroking, ~,.t.ap-,,:;
ping, or roIling oithe body of anotherWlth the hauds-:lt.
or objects for the exclusive purpose of-pbfsJcal.fit:",_f.,~
ness. rel.axation. beautifictltion. 8J1d Cor _ n~ o"~er ?,
P~~ut: A male person who practiee~ or a~~_~ .
JSters a ma.sstlge. '- ~
Ma.sseuse: A female pel'$OD who practices or ad. ~'>I
ministers a massage.
. 3-16-3: LICENSE REQUlEED, .
No person. shall engage in or hold bimaelf or
herself out as being engaged in the practice of mas-
sage nor shall any person administer or practice
massage commercially or for hirei or Cor the ex.
. change of any valuable considers.tion ~out,~
having o~ed a licemM! as herem Pl"OVld~~>~<: .--'. .
3-16-4: CONTENTS OF THE APPLICATlONFOR
LICENSE.. . ,'.
A. !Ju:mL Application shan ~ made ,~, forms pco:--.,,_:
vid~ by the City Administrator-: " ,,_'; :-, ';,?;,
B. AvnHCl!ltion~The_,8ppUC8ti~n 9h.8ll, ConiaiIr~he:__..
{allowing information to~er with -any other.
information which the C.ity Adminisb;llt.or?D-ay~
require: ' ,,~. '",
1. Evidence of the appU~Dt's training and cer.'
tifie"tion by the American Mass~ge Therapy
Association.
2. Evidence of applicant's practical qualifica-
tions to practiee massage.
3. Evideoce that the applicant is of good mo~al
eharacter.
4. The names and addresses oftwo persons who
are residents of Dakota County and who can
attest to the applicant's character.
5. Statement disclosing whether the applicant
has ever been convicted of a. crime or offense
and, if so, information as to the time, pl.ace,
and nature of s.uch crime or Gffense.
'6. Evidence that the appHcant is at least eigh~
teen (18) years of age,' ",.
. ,
3-16-5: GRANTING oil 'DENIAL OF LICENSts'.'
AND CERTIFICATES, . ". :.".
A. Annlication~. Lieense applications shaD :~~
be reviewed by the Police Department and. such,~
othf,tr departments aa the City Administl'aJoi<
shall deem n~sury, Licenses shall be issued~:(~
the City ~~r. [{the City ~~'
tor refuses to ISSUe a hcense. the deelS10n maY'be:':
appealed to t:he City Council .,:: '".;f, '
11, 1ormllILi<mIa<.AUcense permittingth.,boi~";'
. thereof to practice or adminiSter massage -<:6~
mereially is nonrenewable and nontransferahltf
and. applieation must he made each ye8r. for;:.,
licensepe~~and~owingtheholder~~'t~ ,:-~~ ~ (.~. .... ...#~~: ;-I'y;~
_toadrninister or practi<<l massage fortbe~~' ~s:.16:'9:--EXCEPl'lO.NS..~ ,..
ceeding year. @-lieenses shall be issuedrqr'~.;_ .:;-!:~~~o'niiniu;aCe_d.~, .
,~rm exp~ o~'-DeceD1her 31st- to~it",:f' '':", _L*~,,~~~.P'raiji~ i
lSSuance. . " -.: _-i-;."t",_:;~Wime:,oroth'ei.. )
, '.. . , ,':-->:} ,~~~~~~{o~ofh~_--"-1he
3-16-6. LICENSE AND nrn:.STlGATlON" .",.,pro"''''... o( '.~<B" _.~._
The1icenseandUlvestigatio~fees-~_ -:;~'P:l"'-69T'-"'.l:,::~~-'J',~':-_' ._ .. ",: '<--~
.lish~d by resoIutioy..otthe City C~,_ '.<:~;;;~~~:; ~B:"-~y ~- ~~"n~~'~;li'-~' ~ - , .~ r~.l
;:~d~~~ITIONSGOVERNlNGlSSu~{)~~r;"'~i~~~J-,'1t~~~~~ r
A. AQOhcoAnt. Li~nses shall be iasu.;d only to ~:;.. . "-, ,,'~<Mii:ui~. oi,by sOnieOne~:eD:ipiO -ed-b"';"-'<"CJ1( 0
sons o( good moral character and ,"pute "",I." ';""'individaiil."a-""'"iU!d~' ~,l"'...
. .' persons who are in goOd health and free Croiil~~~:;.., ~.,,',~,,': }}.:. _,1i '~~:~7~:..t~~;D':;";-;~~'~ll.
commu~eabJe disease. . ,-, :-,~-,:,C,;:;:~~.,.' :~.a.. ~o~ ,a;:rl'b8~eCti~-I~:~~i~
B. ~ AD.d (',ertjfif'Jltinn. LicenSes may ~;t~~ .:a~liupon ifs.pG_~_a~'~~j~~1f~~~r'_'
sued only-to persons who have completed at JeaSt '.~- "-'''"':ItAD9~ this ~~t6d8.y Of ~~-l~~the
one hundred (tOO) houra of training in massap' .~ .Q!9:~90:~_ of the Cd:~ of ~~, 'S'. ,:(;{. _ ". .
and have been certified by the American M&.".' .. , eM o~
. ~,Th~p,.A8soda~o~ . ' ~'~~6 '::~~ :<..: ";:~~'~~~~.':~~~!fayor
C. ftim: ~:Licenses may be ~ed only too;' ;~:,,-....':-:;:~,:.,~.,;~' ~ ....- :~"'~""i':~':'-"':"""~'~"~': """'~A~:
.persons free fniJD convictions or offenses whicl;t . ">',;(--";.',: ~';:5?",:~* _ . '"(~ FriEKIgea City'Clerk.
InvolvemoTalturpitudeol'whiehrelatedirect1y ~~;;..~tirtt~~~..." '. 2%.~~o'----: ',,~_
to the persOn's ability,' capacity, or fitness to - -'. ~"''''.'''''~ - '-....-,""........."
perform the duties and discharge the responsi~
bilities or the ~pation. .
D. Emt RevOcation Licenses may not b(,' issued"to
persons who. within one year prior to the dateOI
application. have been denied,licenSing or who
have had their license revoked or suspended by
an,. community. political entity, o-r by the State
. of Minnesota.
E. COo'~l'Ation f1f. Annlicant Licenses may be is.-
sued only to persons who have tully and truth.
fully answered all of the information requested.
in the applica~on and have paid the fWlliceuse
lee and investigation fee.
F~ Au. Licenses may be issued only to personS
eighteen (18) years of age or older.
3-16-6: REVOCATION, SUSPENSION, OR
NONRENEWAL OF LICENSE.
The lieense may be revoked, suspended, or not '
renewed by the City Administrator by showing that
the licensee has engaged in any ot the foUowing
conduct: . "
A. Fraud, deception. or misrepresentation m con-
nection with the securing or the license.
B. Habitual drunkenness or intemperance in the
use of drugs. including but not limited to theuse .
or drugs defined in ei,ther 26 U.S.C. ~ 4731 or
Minn. Stat. i 152.02, barbiturates, haUucmo..
~genic .drugs, amphetamines, benzedrine,
dexedtine, oruther sedatives, depressants, stimu~
ants, or tranquilizers.
Mt:i<-2?-20~1 18:!,J2
612 985 4499 P.02/04
CITY OF LAKEVILLE
THERAPEUTIC MASSAGE PRACTITIONER
LICENSE APPLICATION
(Type or Print)
Applicant Name
First
Middle
Last
Home Address
SlreOt
CitY
Stale
Zip
Telephone Number (including area code)
Date of Birth _1_1_
How long have you worked as a massage practldoner?
List place(s) of employment in this field for the past tive- (5) y.acs; include addresses and tel~holle
number.,
LiSl your presem employer, address and telephone number:
liave you been licensed as a massage therapist in llI!other municipaHty? Yes_ No_ If yes,
Where
When
Have you ever been conviclet! of any felony. crime or violation d any city ordinance other than traffic
related? Yes No
If yes, please ~ele .tlte following:
Dale of arrest
Charge
Dale of convictlo:!
Municipality of arrest
Sentence received.
1/11Ml
,-
,
MI'If<-2'?-2il01 10: B:l
612 985 4499 P.0~'04
Have ).ou ever hid a license denied, revoked or suspended?
If yes, please complete the following:
Where? When?
Type of license
RcUQll for revocation
Have you ever been committed for one of Ille foliawing?
Psychologlcalproblelll$_ 1Mbriation_ Drug Use_ Alcohol Use_
Other
Ar what locatlon(s) in the City will you perform massages?
Will you be leasing property for lllerapeutic rr.aS6ige business? Yes_ No_
If yes, please provide a copy of the lease and the owners name. address and telephone number:
List the name and address of r;vo persons who are residents of Dakota CO\1Ilty who can attest [Q yo"r
character;
Telepho/lC ~o.
Telephone No.
Please provIde your principal address for the last 10 years:
Have you received formal u-aining in massage? Yes_ No_
If yes, please complete [.~e follOwing:
Name of School and Address
Da'es attended
HOllIS of training
Diploma received
By whom is the schoo! accredited?
t1ffi-27-alI1l1 10: ro
612 985 4499 P.I1I4/11I4
PleS$e md the following statements carefully. By signing below, you agree to am1 are Oound by each
item.
· I have received from the City of LakeviUe a copy of the Therape1.lllc Massage Orc1ll1ance and will
familiarize myself with ilS provisiom.
. r l.lllderstand that a criminal conviction will not bar me from obtaining a license unless the
conviction is directiy relaled 10 the occupation for which the license is sougbt and rhere is no
showlnB of sufficient rellabiUtatlOll and Preselll fillloss to perform the duties of lhe occupatlon. I
UlldersWl<1 that failUl'e 10 reveal a cril'flinllt conviction is fa]siflC.lion of the application and
cOllStitule$ groWlds for denial of the license.
. The information I have provided on this application is rruthful. I authorUc: the City of LakeviUe to
investigate the lnformalion and coulkr persons/organizations nameQ on this Iwlication.
Signature of Applicant
Subsctibed and sworn to before me. a Now'Y Public, on this _ day of
Notary Public
Ana.ch along wIth this application:
(These irems will not be returned to rile applicalU)
1. Evidence or rhe applicant's educational qualifications, including originals or certified
copies of dearlees, diplotlW and. certificate from a certified school where this training
was received
2. A feCCnt photograph
3. Copy of birth certificate or naturalization papers
4. Copy of lease for builcling 10 house business (only if renting)
Return complet"d application, along with attachments, 10 the City ClerJ(1J office at City
Hall. 20195 Holyoke Avenue. between the hours of 8:00 a.m. end 4:30 p.m., Monday
through Friday,
TOTAL P.04
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Citiu pronrouR9 uu.nenlJlil
Date
~F
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n\q .
Classification
Municipality
Research and Information Service
OROINANCE "'12-J,$"
An Ordinance pertaining to the practice of
Therapeutic Massage; e,stablishing operational
and permitrequi!'en'\i!nts.
BE IT ORDAINED BY THE CITY COUNCIL OF
THE CI.TY OF HAM LAKE, A.NOKA COUNTY,
MINNESOT^ AS fOllOWS:
I. legislative Findings of Fact
The practice of massage has, in certain con-
texts. been. used in many communities as a
means of practidng prostitutIOtl. State licensure
of bona fide Therapeutic. Massage Practitioners
does not exist, but the bona tide practice of
Therapeutic Massage has 'been a recognized
and Important element of physical and mental
therapy for centuries, and should not be con-
fused or equated with massage prilctitioners
who are In fact'engaging in iIIicitpractkes.
Further, the public health. welfare and safety of
patrons of-Therapeutic: Massage dictates tha.t
certain controls be established to assure that this
i"pradi-ce will be responsibly discharged.
Consequently, it Is in the best interest of thl;
public:, that certain conttols and regulations be
established for the practice of Therapeutic:
Massage. There is hereby added to the Ham
lake City Code an Article 9.2000, to read as
follows:
9-2000 Therapeutic Massage Regulations
9-201 0 Definitions. The following definitions
shall apply to this Article 9.2000.
9-2011 TherapeutiC Massage. Therapeutic:
Manage means the practice of administering
physical therapy through the massaging,
rubbing, kneading or other manipulations of the
body, administered solely for therapeutic
purposes. Manage which results or is intended
to result in the sexual gratifICation of the redpi-
el'\t is I\ot l"herapeut.k Massage.
9-2012 Massage Therapist. A Massage
Therapist is a ~cn engaging in the practice of
administering Therapeutic Massage, and who
meets the following qualifications:
a) 'The person has completed 400 or more
hours ot training at a bona fide therapeutic
massage school, and
b) The person has passed the National
Certification Examination for Therapeutic
Massage and Bodywork, and remains in
good standing as to any ongoing 'ontinu-
ing certification requirements.
9-2020 Permit Required. No person shall
practice Therapeutic Massage from any location
in the City unless the person first obtains a
Therapeutic Massage Permit (TMP) from the
City Administrator" after review by the Planning
'Commission a.nd approval by the City Council.
Fees for the permit shall be established by reso-
lution of the City Council.
9-2021 Eligibility Requirements. Ea(h TMP
applicant shan meet the following requirements:
a) No permit shall be granted to any entity
other than a natural person;
b) The applicant shall meet the definition of a
Massage Therapist as found in Article
9-2012;.
c) The location from which the therapeutic
massage practice will be conduded shaJl be
identified and approved as provided in
Article 9-2030 below.
d) : No person shall be gl'ilnted a TMP if found
to have ever been -.convicted of a crime
!nvol~ing mora~ tu~pitude, spetifically
Indudlng any, cnme .lOvl;lIving pllnd~ring,
prostitution, or seXual misconduct. Each
applicant shall oonsent to a aiminal histOzy
background check to be conducted_by the
offk~ of the Anok.a County Sheriff, which
shall be updated anncally. Compliance with
this. section shall-be continuing in nature
and an event occurring subsequent to th~
is.s.uance of a TMP. which would- have ren-
dered the applicant ineligible for a IMP had
the event or circumstance occurred prior to
issuance of the TMP .shalL be grounds' for
revocation of the TMP. .
9-2022 Exceptions. A TMP shall not be
re~uired of any perron licensed by the State of
Minnesota to practice in a medical field, such as
medicine, chiropractic,. or podiilotry, nor shall a
.IMP be required of a person engaging hi
Therapeutic Massage which does not involve
physical contact between the,practitioner and
the recipient which OCQ.lrs below the shoulders,
This' exemption is specifiCally intended to apply
to barbers and beauticians_
9-2030 Premises
9.2031 Zoning Districts.. Therapeutic
Massage activity may beconduc~ed from
premises located in CO-2 zoning districts. 10
a-real,in which the zoning category permits :Sin-
gle family residential uses (R-1, RS-l, PUO, Ml
PUD and-C_A), Therapeutic: Massage may.be
conducted only upon the Issuance of a
Temporary Conditional Use Permit issued under
Article 9-870. The tenure ofthe Temporaty
Conditionall!se PenTIlt shall be at the discretion
of the City Council. If a Temporary Conditional
. Use Permit is required, th.e applicant shall meet
all of the requirements of this Code pertaining
to Ten:lporary Conditional Use Permits.
9-2032 Physical Characteristics. AU locations.
from which Therapeutic Massage is conducted
shall meet the following requirements:
ll) The facility shall maintain proper sanitation
designed to prOCect the health of patrons,
and shall meet the sanitation requirements
of any jurisdiction having any regulatory
control over the activity,
b) Hours of operation shall be limited to 8:00
am to 10:00 PM.
c) ~ign~ge shall b; limited to a single sign, not
ll.lummated or capable of illumination. The
slgnage shall be limited in size to six square
feet, and .shall contain no fleon lighting;
d) The locatIon shall have received a Certificate
of Occu~arn:y issued for the sole purpose of
condu:trng Therapeutic Massage, and shall
at all times observe all of the conditions. of
the Certificate of Occupancy. A Certificate of
OCcuponcy shall not be issued until and
unless an application for same shall have
been reviewed by the Planning Commission
and appro~ed by the City Council, which
may establish additional conditions for the
operation of the activity;
e) As ~ condition to the hsuance of any
Ce~fjcate of Occupancy, the applicant shall
COnsent in. writing to random inspection by ,
Gty agents during all business houtS,
1) A Certificate of Occupancy is. not transfer_
able, and shall be issued only to a person
holding a TMP,
Presented to the .Ham lake City Council on
June 21;. 1999 and adopted by a 4-1 vote of the
Ham lake .City Council this 6th day of luly
1999 '
Gary Kii-teide, Mayor ~
Doris Nivala, Administrator
abcdefghijklmnopqrstuvwxyz
PubliShed in Anoka Co. Union
July 9, 1999
e
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Cw.HIcation
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Municipality
Date
Research and Information Service
2220.030. Granting, Denying and ReacI,..
ding of UcenHtI for Mltsage Therapy as en
Accessory Use. .'
f. Licenses may be granted only: to
establishments associated wfth and operaUng
within the confines of and IncidenraJ to a p'm-
perly zoned beauty parlor.
2. No more than twO' (2). massage theraPist
indivIdual licensee' wm' be-'issued 'to""any
business eslablishmtllnt. .
3, Licenses may be denied or rescinded if the
premises of the establishments do not meet. the
requIrements of the City Council. and of the
building, satety and sanitalion reguladons of ihe
City of uttIe Canada. and Stale of Minnesota.
4. Licenses may be denied or rescinded If
there is any fraud Ol' deception involved In the .
license application.
5. Licenses may be denied or resdrided if the
applicant, licensee or employee _of 'the same faR
to comply with, or have -8 history of violations
of the laws or ordinances which appty to heafth,
safety, or moral turpitude. .. ~~. .
6. The City Councll may attach such "
re~~oo~~S~~~b~~h ,
'^ ~~~~~;-~~;~~~~~~i':~;;:'_
on any applicant-for a'license'pursuant to-this . ','
chapter. ..... . ~ "
2220.040. . M....ge Therapy, Only by
Licensed Person.. ~
1. No person shall provide ~assage theraPy
without being Ucensed individually as provided
in this chapter,
2_. Applicatlon for license. MY person desir-
'ing to be licensed shall file an application on
forms provided by the Cily Adminlstrator. The
application $hall contain .such Infonna'lon as
the City Administrator may require. including:
(A) The applicant's full name, address, social
security number, and written proof of age.
(B) The name and address of the establisf1.
ment by which the appll-cant expects 10 be
employed.
(C) f1:. statement conceming whether the per-
son has been convicted of or entered a plea at
. guilty to any crime or ordinance violation and,
if so, information as to the time. place and
. nature of such Clime or offense.
{D} Proof thallhe applicant meets lhe follow-
Ing educational requirements:
0) A diploma or certificate of graduation from
a school approved by Ihe American Massage
Therapist AssociatIon 0( other similar reputable
massage a.ssociatlon; or
(Jij A diploma or certificate of graduation from
a school which is sithe\' ac",redited by a
recognized educational accrediting association
. or agency, or is licensed by the St~e or local
government agency having jurisdiction over tM
school.
(iii) Each applicant shall also furnish proof at
the time of application of a minimum of six hun-
dred (600) hours of succeSSfully completed
course work in the following areas:
a) The theary and practice of massage, in-
cluding, but not limited to, Swedish, Esalen.
Shiatsu, and/or Foot Reflexology techniques;
and .
b) A.natomy, including, but not jimited t~.
skeletal and muscular structure and organ
placement; and
c) Hygier\e.
'r2JON~ITY OF LITTLE CANADA
r ORDINANCE NO. 428 .
AN ORDINANCE ADDING CHAPTER .,
2221) TO THE MUNICIPAL CODE OF
THE CITY OF UTTLE CANADA, RELATING
TO MASSAGE THERAPY AS AN
ACCESSORY USE '
THE CITY COUNCIL OF UTTLe ~~
. HEREBY ORDAINS AS FOLLOWS:.. o/l :b.
.' SecUOft 1. ,0.'. .
Chapter 2220 of the Municipal Code~' .
City of UtUe Canada Is hereby added to -read"
as follows: .
2220, Message Thera.,- .. en ACc~ry
Use. . -~~ "'J
2220,010. DeflnltJons. I
1. The term "massage therapy" means ~
rubbing, stro_kJng, kneading, tapping or fOtUng
of the body with the hands or Other parts of the .
t?OOY for the. exclusive purposes of relaxallon, .
ph~lcaI fitneSs. or beautification and fo(~ no
othe( purpose. ',1 .'-
The practice of massage therapy 1& ~
declared to ,be distinct from the licensed prac-
tice afmedicine, osteopathy, 'chiropraqlic.
physical Iherapy, podlalJy. and n..-lng,"_
as the professians a.' athletiC coaching an~
training. ~'eng8ged In those professions
are - exempt from the proviSions of this
ordinance,' ;
2. The term "massage therapist" -m~ a
person:who practices massage therapy. I
. 3, "Massage Therapy establishment" shall
mean any room or room wherein a person I(\ay
receive a massage from a 'massage therap_'st'
for a fee.' . j
4, "Sanitary" shall mean free. from the
vegetat~ cans af pathogenic-mk:lOoorganlsms:
5. The term "acC8$SOrf use" as used in V1is
chapter means a use at the same location with.
and of. a nature customarily incidental l1nd
subordinate to, the principal use for Said
location. t;
2220.020, Ucense for Muuge Ther.py'es
an Accessory Use. :
1. No person, partnership 01 corporation shall
engage 11'1 a business. which has massage
therapy as an accessory use, without being
licensed as provided In this chapter. '
2. The initial application for a licel'lse bY a
business shall be made by completing an ap-
plication form provided by and containing such
information as required by the City Ad-
ministrator and by paying-. ol'l9tlrne nonrefun-
dable initial application fee of $100.00.
3. If the application for a license under this
cJ:lapter is granted, the $100_00 fee above shall
be the first year's license fee. Thereafter, the
annual license fee shall be $100,00. A ~te
license shall be abtained tor each pface~ of
business. .
-.~...
/
I
I
I
I
,
I
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. 3. Fee. The annual nonrefundable applica~
\ion and license fee for a massage therapist is
Seventy-Five and No/100 ($75.00) ~Iars.
4. Review of application. Ucense applications
shall be review<<:l by the City Administrator. and
the Sheriff's Department may run criminal
history checks on applicants. .
5. Denial of appliCation. The license applies.
lion may be denied for any of the following
reasons:
(A) The application COlltalns false. fraUdU!ent,
pr deceptive statements. .
(8) The applicant has been convicted of or
entered a plea of guilty within the pnMousthl:ee
13) years to a Violation of this chapter or of any
olner law regulating the practice of massage,
or of any law prohibiting criminal sexual con--'
duct. prostitution. pandering, indecent conduct
or keeping 91 a disorderly house. .
(C) The applicant has not complied with a
provision of this ordinance.
(0) Th4? a.pplicant is less tn~ eighteen (la)
years of age.
2220.050. RevOCttlon or Su~nlllon of
Uc;ense. A license may be revoked or susp8nd-
ed 10r arrj of the 10llowing reasons:
1. Fraud. deceptiOn. or mls'representationln
connection with the registration application.
2. A violation of any provision of this chapter. .
3. Conviction of a criminal Sexual Conduct, . .
prostitution. .pandering, indecent conduct, o;'-=<
J keeping a di~rderly house.
~ 4. Convictiotf'of any crime or ordinance viola; -
tion arising out of the practice of massage
therapy.
5. Exhibition of a demonstrable lack of skill
In the practice of massage therapy. :
2220.060. Reatrtct10M and Regulatlone. .
1. Any person registered as a. massage
therapist hereunder shall dlspfay such rlO8RS8.
pr a true copy therEKlf. In a prominent ptace at
such person's pl8CE! of em~nl
. 2. Upon demand of any police officer at the
place of employment, any person licensed
hereunder shall produce correct Identification,
. id.entifylng himseltJheNieU by hislher true legal
"-- name and correct address. .
:3. During business hours, all massage
therapy establlshmenta shall be open to Inspec-
tion by City Building and Ucense Inspectors.
Health Officers, and police officers. .' .
4. Any person licenSed hereunder shall prac.
tice massage therapy only at such location or
.. locations liS are designated In the Uc~,"S6. Any
person registered hereunder sh!illl infqrm the"
City Administrator. In writing. of any change In
location prior 10 its occurrence. .
5. No customers or patrons shall be allowed
to enter or remain on the licensed premises
after 9:00 p.m. or before 8:00 a.m. daily.
. 6. No beer, liquor. narcotic drug or con1rot\..
ad substance, as such t~rms are defined by
state SlatutM; or the city ~e, shall be permit-
ted on licensed premises_" .
7. VIolation of any law or regulation relating
'. to bullding, safety 0( health. shall be grounds
.' for revocation of any liCense.
',8. There shall be no locks on doors of ..
~ massage rooms. ~ . .,.., . ....
; 9. Whenever. a massage Is given, it shall be
'...: required by the .massage therapist that the per..
son who is receiving. the massage shall have
her breasts and hislher buttocks . and genitals
covered by a nontransp8{ent material.
.10. Any massage therapists performlrlg any
massages shall at all times have her breasts
and hislher buttocks and genitalS covered with
a .nontransparent material.
2220.070. VIolations. Penalty. Every person
oi. enOty who violales this ordinance is guilty of
a misdemeanor.
Sectlon 2.
: This Ordinance shall take enect and be In
force from and after lis passage. and
pUblication.
PASSED by the CIty Council ofUlle Canada
this 24th day of January, .1996.
.~ .Michaell. Fahey
...TTEST: J~.I R. Hanson . ...y.~"!.o; I
City Administrator. . Nays - 0
(Rosevi.lJe Review: Jan. 30. 1996)
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CITY OF LITTLl! CAmIDA
APPLICATION fOR. MASSAGE THERAPY ESTABLISHMENT LICENSE
(Must be accessory or incidental to properly zoned beauty salon.)
License Fee - $100.00
NEW
RENEWAL
Please complete the fOllowing. If the application is by a
natural person, by such person; if by a corporation, by an
officer thereof; it by a partnership, by One of the partners; if
by an unincorporated assooiation, by the manager of managing
officer thereof.
1. Name of Applicant (name Of individual, partnership,
corporation, or association):
(If Indiviaual) LAST
FIRST
FULl. MIDDLE NAME
2. Na11le of Beautv Salon under which applicant wi 11 be doing
business, ousiness address, and telephone number:
Full Name
Business Address
Business Telephone
3. Type of Applicant:
___Individual
_____partnership
_____Corporation
Association
other
4. A. If applicant is an individual:
Name
LAST
FIRST
FULL MIDDLE NAME
Date or B1rth
Residence Add~e5s
Residence T~lephone
Business Address
Business Telephone
social seCUrity Number
Driver's License Number
1
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.
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5. A. If applicant is a partnership, state full name,
resid~nc., and business address, telephone n~mbers. and
interest of eaOh ~ember of the ~artnership; (If more
than three, include them on a separate sheet.)
Date ot Birth
Interelllt
%
Residence Address________
Residence Telephone
Business Address
Business Tele~hone____
Social security Number
Driver's License Number
J. Full Narne_____
tAS'1'
FIRST
FULL MIDDLE NAME
Date of Birth____
Residence Address___
Residence Telephone
Business Address______
Business Telephone_o__
social Security Number
Driver's License Number
Interest__________%
2
8~9~~8~199 'ON Xl:i~
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.
8. The managing partngr will be__
C. Attach a true oOPY of the partner$hi~ agreement, and a
copy ot the certificate ot trade name under provisicns
of Chapter 333, Minnesota Statutes, certified by the
Clerk ot District Court.
6. A. It the applicant is a corporation or association, give
the name of corporation or association, branch address
and telephone number, and home office address and
telephone number:
Name
State of Incorporation or Association
Branch Address
Branch Telephone Number
Home Office Address_
Home Office Telephone Number
B. The full names, residence address, and telephone numbers
of all officers of said corporation or assooiation:
President
LAST
FiRST
FULL MIDDLE NAME
Residence Address
Residence Telephone Number
Date of Birth
Social Security Number
Driver's License N~mber_______
vice President
LAST
FIRST
FULL MIDDLE NAM~
Residence Address______
Residence Telephone Number
Date of Birth
Sooial Security Number_
Driver's Lioense Number
3
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Seoret.ary
LAST
FIRST
FULL MIDDLE N~~E
Residence Address
Residence Telephone Number
Date of Birth
Sooial Seourity Nurnbe~
Driver's License Number
Treasurer
LAST
FIRST
FULL MIDDLE N~
Residence Address
Residenoe Telephone Nu~ber
Date of Birth
Social security Number_
Driver's License Number____
C. The full names, residence address and telephone number of
all persons who singly or with others own or control an
interest in said corporation or association in excess of
five (5) percent:
1. Full Name
LAST
FIRST
FULL MIDDLE NAME
Date of Birth
Interest
%
Residence Addres3
Residence Telephone
SOCial Secu~ity Number
Driver's License Number
2. Full Name
LAST
FIRST
FULL MIDDLE NAME
Oate of Birth
Interest
t
Residence Address___________
Residence Telephone,
4
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90 'd
Social sec~rity Number
OrlvQr/s License NUmber
3. F1;(ll Name
LAST
FIRST
FULL MIDDLE NlIl'$
Date of Birth
Interest_
'i'
Re$idence Address
Relilidsnce Telephone___
Social Seourity Number_
Driver's License Number
4. Full NallIe
LAST
FIRST
FULL MIDDLE NAME
Date of Blrth__.
Intereet
%
Residence Addrese_.
Residence Telephone
Social Security Number
Oriver's License Number
D. The full name, residence address and telephone number of
the ~anaqer, proprietor, or other agent in charge cf the
individual's, corporation's or association's premises to
be licensed;
Full Name
LAST
FIRST
FULL MIDDLE NAME
Date ot Birth
Residenoe Address
Residence Telephone
Soci~l Seourity Numb~r
Driver's License Number_
E. Attach a tr1;(e co~y of the Articles of Incorporation or
Associ~tion Agreement.
5
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.
7. How is the property cl~s$ified under the Little Canada Zening
Ordinance?
8. State full name, residence and business address, and
telephone numbers ot owner or owners ot the building wherein
the licensed business will be located, if owner is other than
ths applicant:
Full Name
LAST
FIRST
FULL MIDDLE NAME
Residence Address
Residence Telephone
Business Address___
Business Telephone
E'ull Name
LAST
FIRST
FULL MIPDLE NAME
Residence Address
Residence Telephone
Business Address
Business Telephone
~. A true copy of the lease agreement needs to be attached.
10. What permits or licenses required by state statutes hav_ Deen
applied for or iss~ed for the premises? In what name where
these applied for or issued, and what is the nature of tte
permit or license? Include permit or license number.
! understand that the information provided in this application
~ay be considered private or confidential data. I further
understand that I may not be required by law to provide such
information. The purpose of providing such information 1s to aid
the city of Little Canada in its determination on my applioation
for a permit. I acknOWledge that providing, or failing to
provide, such information may affect the city's deter~ination cn
BY application. I understand this information will be made
available to the City of Little Canada, its City Council, agents
and representatives, as well as the Minnesota Department of
6
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P?':PI NOW IO-97,-^tlW
.
Revenue, or any other person or entity authorized by law to
reoeive sa1d information. I release the City of Little Canada
from any and all liability for its receipt and use of data
received pursuant to this application.
STATB OF MINNESOTA)
)
COUNT~ OF )
, being first dUly
sworn, upon his/her oath, deposes and says that he/she is the
person who has executed the above applieation, and that the
statements made therein are true of his/har own knowlQdqe and
"'elief.
SIGNATURE
TITLE
SUbsoribed and sworn to before me this
19___
day ot
-,
N'OTAR'l PUBLIC
COUNTY
My co~,ission expires
7
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CITY OF LITTLE CANADA
Al'PLICATION FOR MASSAGE THERAPIST LICENSE
(MUst De accessory or incidental to properly zoned beauty salon.)
License Fee - $75.00
NEW
RENEWAL
Please complete the following.
1- True Name
LAST
2. Residence Address
J. Residence Telephone
4. Business ACldress
5. BUsiness Telephons---,-
6. Social Security Number
7. Driver's License Number
PIRST
FULL MIDDLE NAME
B. Date of Birth
-
Mo./Day/Year
9. Place of airth
County
10. U.s. Citigen?
Natura li zed7
Yes
Yes
City
No
No
state
If Yes, give date and place
Attach a oopy of the naturalization papers.
11. If yeu have ever used or been known by a name or names other
than t.he true name given in No.1 above, list suoh name(a),
and information ooncerning dates and places where used,
Names
Dates, Place, and Circumstances
12.
Name and address of the licensed Massage Therapy
Establishment that you expect to be employed DY.
accessory or incidental to properly zoned beauty
(Must be
salon. )
Fn '';
P,Gf1I7PbIGQ 'nlJ VIi.l
IinlilJl.J~ "11111 .In 111~
C;',bl IJnll In-07-11Hll
l3. Addrsss(es) at which you have lived during preceding ten
years. (Be~in with present or last addre$9, and work back.)
14. Kind, na~e, and location of every business or occupation you
h~ve been engaged in during the preceding ten years. (Ssgin
with present business and work back.)
. Business or
.Qccupat..iQn
street Adare6s
City and State
Nature of Susiness
Or Occupation
15. Attach a certified copy of a diploma or certificate of
graduation iron a schOOl of massage therapy including a
minimum of 600 tours in successfully conpleted course work as
described in Little Canada Ordinance No. 42a. (Ordinance At1Osched.)
16. Have you ever been oonvicted of any felony, crime, or
violation of any ordina~CQ other than t~affic?
___ v'QS
No
If yes, given information as to the time, place, and offense
for which convictions were had.
17. Have you been 1n military service? ~es No
If yes, was discharge(s) ever other than honorable?
~es No
(Upon request, you may be requi~ed to exhibit all
dbcharges. )
18. Are you directly or indirectly interested in other
establishments in the City of Little Canada to which a
license of the same kind has been issued?
_",__ Yes No
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lim:!N\i:l nun ~() ,u r:l
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19. Have you had any previous massage therapist license that was
revoked, suspended, or not renewed? Yes _____ No
If yes, explain in detail:
20.
Have you ever made
license or similar
__Yes
~pplication for a massage therapist
activity and had such application denied?
NO
If yes, explain in detail:
I unQeratand that the information provided in this application
may be considered private or confidential data. I further
understand that I may not be required by law to provide such
information. The purpose of providing such information is to aid
the city of Little Canada in its determination on my application
for a permit. I aCknowledge that providing, or failing to
provide, such information may atfect the City'S determination on
my application. I understand this information will be made
available to the city of Little Canada, its city Council. agenda
and representatives, as well as the Minnesota Department of
Revenue, or any other person or entity authorized b~ law to
receive said intormation. I release the City of Little Canada
from any and all liability for it$ receipt and use of data
reoeived pursuant to this applioation.
, being first duly sworn,
Upon"his/her oath, deposes and says that he/she is the person who
has executed the above Personal Information Form, and that the
statements made therein are true of hiS/her own knOWledge and
beliet.
signature
Subscribed anct SWorn to before me this _____ day Of
19____.
Notary Public
County
My commission Expires ____
]1 .~
R,CbnQblCO '()lJ Vii';
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0",1 lJ()1J 111-0'-:.1111.1
2202. MASSAGE THERAPY AS AN ACCESSOi\YtJSE.
2202.010. DEF~ITIONS.
;l.. The term "malllsaqe therapy" means the rubbing, strokin9,
kneadin9, tapping or rolling of the body with the hands or other
parts of the bogy for the exclusive purposes ot relaxation,
phy~ioal fitness, or be~~titication and for no other purpose.
The practice of massage therapy is hereby declared to
be di.tinot from the licensed practice of medicine, osteopathy,
chiropractic, physical therapy, poaiatry, and nursing, as well as
the prOfessions of athletic ooaching and training. Persons
engaged in those professions are exempt from the provisions or
this ordinance.
2. The ten "massage tl".erapist" means II person who
praotices massaqe therapy.
3. "Massage Therapy Establishment" shall mean any room or
rooms wherein II person may receive II massage from a "massage
therapist" for II fee.
4. "Sanitary" shall mean free from the vegetative cel.l.s of
pathoqanic-m1cro-organ1cms.
S. The te= "accessory use" as used in this chapter means;
II use at the sama looation with, and of a nature customarily
incidental IInd subordinate to, the principal. use for said
location.
2202.020. LICENSZ FOR MASSAGE THERAPY AS AN ACCESSORY USE.
~. ~o PQrso~, partnership, or corporation shall engage in
a business, whiCh has massage therapy as an accessory use,
~ithout being licensed as provided in this Chapter.
2. the initial application for a license by a ~usiness
shall be made by completing an application torm p~ovided by and
containing 8U~~ information 4$ required by tbe city Administrator
and by paying a one time non-refundable initial application tee
of $100.00.
3. If the application for a lioense under this chapter is
qranted, the $100.00 fee abcve shall ~e the first year's license
fee. Thereafter, the annual license fee shall be $100.00. A
separate license shall be obtained for each place of business.
2202.030. GR.\NTING, DENYING ANn RtSC!NOING OF LICENSES FOR
MASSAGE THERAP~ AS AN ACCESSORY tJSE.
1. Licenses may be granted only to sstablishments
220:2-1
7.1 '~
~>,pb~pl~Q 'nw 1H"
HnHw~~ ~'ll11 ~n All~
11.,bl Mnu In-Q1.-~~U
~ssooiatad with and operating within the confines of and
inoidental to a properly zoned beauty parlor.
2. No more than two (2) ~assaqe therapist individual
licenses will be issued to any business establishment.
3. Licenses ~ay be denied or rescindecl if the premises of
the establishments do not meet the requir~ent. of the City
CounCil, and of the building, safety and sanitation resulations
of the City at Little canada, and State of Minnesota.
4. Licenses may be denied or rescinded if there is any
fraud or deception involved in the license application.
5. LicenseS may be denied or rescinded if the applicant,
licensee O~ e~plQyee of the $ame fail to comply with, or have a
history of violations of the laws or ordinances which ap~ly ~Q
health, safety, or moral turpitude.
6. The city Council ~ay attach suoh reasonable conditions
to the license as it, in its S014 disoretion, ~.ems to be
appropriate.
7. The City may run criminal history Checks on any
applicant for a license pursuant to this chapter.
2202.040. MASSAGE THERAPY ONLY BY LICENSED PF~ONS.
1. No person shall provide massage therapy without being
licensed individually as providod in this chapter.
2. Application for license. Any person desirinq to he
licensed Shall file an application on forms provided by the City
Administrator. The application shall contain s~ch information as
tn~ city Administxator may require, including:
a. The applioant's full namQ, address, social
security nu~er, and written proof ot aqQ.
b. The name and address of the establishment by which
the applicant expects to be employed.
c. A statement concerning whether the person has been
oonvioted of or entered a plQa ot ~ilty to any
crime or ordinance violation and, it so,
intor.ma~ion as to the time, place and nature of
such orime or offense.
d. Proof that the applicant meets the following
educational requirements:
(1) A diploma or certificate of graduation from
2202-2
C. .,
<'" (1
R,C~i7R!>!CR 'nII1 )(\1;
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R7:i7T Ml'iU Tn-07-~\lU
a sChool approved by ~~e American Massage
Therapist Association or other si~ilar
reputable ~ssase association; or
(3)
(2) A alplc~a or certificate of graduation from
a school whioh is either accredited by a
reoognized educational accrediting
association or aqenoy, or is licensed by
the state or local government agency having
jurisdiction over the school.
Each applioant shall also t~rnish prOof at
the time of application of a minimum of six
hundred (000) hours of succeSSfully
completed course work in the following
Ill:' eas :
(a)
The theory and practice of massage,
inCluding, but not limited to, SWe~i~h,
Esalen, Shiatsu, and/or Foot
Retle~olosy techniques; and
Anatomy, incluQinq, but not limited to,
skeletal and muscular structure and.
organ placem~nt; and
(b)
J.
f.. fot' a
($75. OO) .
(e) Hygiene.
Fee. The annual non-refundable application and license
massage therapist is Seventy-five and No!100 Dollars
4. aev!QW Of application. License applications shall be
reviewed by the City Administrator, and the Sheriff's Departme.nt
may run criminal histcry checks on applicants.
5. Denial of application. ~he license application may ~e
denied for any of the following reasons:
a. ~he application contains false, fra~dulent, or
deceptive statements.
b. The applicant has been convicted of or entered a
plea ot guilty within the previQus thre$ (J) years
to a violation of this ch~pter or ot any otha~ law
regulating the practice of massage, or of any law
prohibiting criminal sexual conduct, pro~titu~ion,
pandering, indecent conduct or keeping of
diso~~.rly house.
c. The applicant has not complied wit~ a prOVision of
this ordinance.
2202-3
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d. The applicant is less than eight..n (lS) years of
age.
2202.050. REVOCATICN OR SUSPENSION OF LICENSE. A license
~ay be revoked or suspended for any of the follcwing reasons:
1. rraud, deception or misrepresentation in connection
with the reqistration application.
2. A violation of any provision of this chapter.
J. Conviction of a criminal sexual conduct, prostitution,
pandering, indecent conduct, or keeping a disorderly house.
4. Conviction of any crime or ordinance violation arising
out of the practice of massage therapy. .
5. Exhibition of a demonstrable lack of skill in the
practice of massage thorapy.
2202.060. RESTRICTIONS AND REGULATIONS.
1. Any person registerQd as a massage therapist hereunde~
shall display such license, or a ~e copy thereot, in a
prominent plaoe at such person's place of employment.
a. Upon demand of any police offiCer at the place of
employment, any person lioensed hereunder shall produce correct
identification, identitying himself/herself by hiS/her true legal
name and correct address.
3. During ~usiness hours, all massage therapy
establishments shall be open to inspection by City Suilding and
License Inspectors, Health Officers, and police ofticer~.
4. Any person licensed hereunder shall practice massage
therapy only at such location or locations as a.v ~Qsignated in
the licensa. Any person registtreQ hereunder shall inform the
City Administrator, in ~Titing, of any change in location prior
to its oocurrence.
5. No customers or patrons shall be allowed to enter or
remain on the lic~nsed premises after 9:00 p.m. or Defore 8:00
a.m. daily.
6. No be~r, liquor, narcotic drug or controlled substance,
as such terms are defined by State statutes or the City code,
shall be permitted on licensed premises.
7. Violation of any law or regulation ralating to
building, satety or health, shall be 9roun~s for revocation of
any license.
2202-4
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a. There ehall be no locks on doors of massage rooms.
9. Whenever a massa.ge is givAn, it shall be required by
the massaqe therapist that ~. person who is reeeivinq the
~ssage shall have har breasts and his/her buttocks and genitals
cove~eQ by a nontransparent material.
10. Any 1Ilassage tharapis't:.s performinq any massages shall at
all times have her breasts and his/her buttocks and genitals
covered with a nontransparent material.
2202.070. V:IOLA'l'IONS, PENALTY. Every person or entity who
violates this ordinance is quilty of a misd~eanor.
(Source: Ord. 428)'
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810.005
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Public Health; Public Nuisances
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- SECTION 810. MASSAGE SERVICES.
810.005. Defmitions. Unless the context clearly indicates otherwise, the words below are
defined for the purpose of this section as follows,
I, "Operate" means to own, manage or conduct.
2. "Within the city" includes physical presence as well as telephone referral situations, such
as a "phone-a-massage" type operation, in which the business premises, although not
actually located within the city, serves as a point of assignment of employees who respond
to requests for servjces from within the city.
3, "Massage" means 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 an instrument for no other purpose than physical fitness, health-care referral,
healing, relaxation, and beautification.
4. "Sanitary" means free ,from pathogenic microorganisms.
5. "Adequate" or "approved" means acceptable to the health authority following his/her
determination as to conformance with public health practices and standards.
.
6, "Masseur" means a male person who practices massage.
7. "Masseuse" means a female person who practices massage.
8, "Massage business" means the offering of massage serviCes to the general public,
regardless of whether the offer is limited only to select invitees or organizational
members.
9. "Health care facility" means a person, association, business, organization or institution
providing medical, surgical, dental, chiropractic, osteopathic or physical therapy services
where practitioners are licensed by the state of Minnesota,
10. "Massage therapist" means a person administering massage who meets either of the
following sets of criteria:
a. practitioner:
",--",
(1) is a member in good standing of the american massage therapy association, the
associated bodywork and massage professionals, or other national organization of
t
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therapeutic massage professionals that has a similar written and enforceable code
of ethics;
(2) has insurance coverage of $1,000,000 for personal liability in the praetice of
therapeutic massage; and
(3) )las either (a) a practitioner's degree with a minimum of 400 hours of class credits
from a massage therapy school accredited by one of the national organizations
listed in paragraph (1), or (b) at least two years of full-time experience working
as a massage therapist under a license from the city of Minnetonka.
b. associate:
(1) works in conjunction with a persOn meeting the practitioner's requirements; and
(2) is insured by the practitioner's insurance policy or equivalent.
11. ~Massage therapeutic business" means a massage business in which only massage
therapists administer massage.
810.010. License Required.
1. Business license. A person must not operate a massage business within the city unless the
business is currently licensed under this section.
2. Personal service license. A person must not perform massage services within the city
unless that person has obtained a personal service license under this section thans valid
and current. The owner of a massage business who has obtained a business license is not
required to obtain a personal service license to administer massage. "-
810.015. License Exceptions. The following people and businesses are exempt from the
provisions of this ordinance while performing activities covered by their professional licenses
or professional affiliations:
1. people licensed by the state of Minnesota to practice medicine, surgery, osteopathy,
chiropractic, physical therapy, occupational therapy, podiatry, and nursing, and people
working solely for and under the direction of those individuals;
2. ,athletic trainers, certified by the National Association of Athletic Trainers (NATA), when
. working with an amateur, semiprofessional or professional athlete or athletic team;
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Minnetonka City Code
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810.015
Public Health; Public Nuisances
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3. beauty culturists and barbers licensed by the state of Minnesota who do not hold
themselves out to give massages, other than that customarily given in the field and limited
to the face, neck and scalp for beautification purposes only; and
4. health care facilities.
810.020. License Application. An application for a license under this section must be filed
with the community development department. The application must be made on a form
supplied by the city and contain the following information:
1. Business licenses.
a. whether the applicant is anatural person, a corporation, a partnership, or other form
of organization;
b. if the applicant is a natural person:
(I) the true name, place and date of birth, resident address and phone number of the
applicant;
(2) whether the applicant has ever used or has been known by a name other than .
hislher true name; and if so, what was such name or names and information
concerning dates and places where used;
(3) the name of the business if it is to be conducted under a name other than the
applicant's name; in which case, a copy of the certificate required by state law
must be attached to the application;
(4) the street address at which applicant has lived during the preceding five years;
(5) the kind, name and location of every business or occupation the applicant has
been engaged in during the preceding five years;
(6) the names and addresses of the applicant's employer(s) and partner(s), if any, for
the preceding five years;
(7) whether the applicant has ever been convicted of a felony or other crime. If so,
the applicant must furnish information as to the time, place and offense for each
conviction;
(8) the applicant's physical description;- and - .
8-10 Minnetonka City Code
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(9) whether the applicant has training or experience in performing massage services.
c. if the applicant is a partnership:
(1) the names and addresses of the partners and for each partner all information that
is required of an individual applicant in subparagraph b, above;
(2) the name of the managing partner(s) and the interest of each partner in the
business; and
(3) atrue copy of the partnership agreement. If the partnership is required to file a
certificate for a trade name under state law, a copy of that certificate must 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 certificate of incorporation, articles of incorporation or
association agreement, and by-laws. If a foreign corporation, a certificate of
authority to do business in Minnesota must 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 this person(s) as is required in
subparagraph b, above; and
(4) a list of the officers or directors of the corporation or organization and all
information concerning this person(s) as is required in subparagraph b, above.
e. whether the applicant is licensed in other communities to run similar businesses, and
if so, where;
f. the names of those individuals to be licensed and working for the applicant in the city
of Minnetonka;
g. whether the applicant has previously been denied a massage license;
h. the name, residences, and business addresses of three residents of Hennepin county,
of good moral character, not related to the applicant or financially interested in the
premises or business, who can provide information about the applicant's and/or
. _. manager's character;
Minnetonk;l City Code
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i. the location of the business premises; and
j. other information as the city may require.
2. Personal service licenses.
a. all the information required under section 810.020(1), subparagraphs b, e, g, h, andj;
b. the location or locations where the applicant will perform massage services;
c, photographs of the applicant taken by the city of Minnetonka's police department
showing 'both the front and side view; and
d. a complete set of fingerprints taken by the Minnetonka police department.
3, Massage therapists. A massage therapist applying for a personal service license need not
provide photographs and fingerprints but must instead provide verification of meeting the
requirements specified in section 810.005(10).
4, Subsequent changes in license application information. A licensee must promptly notify
the director of community development of a change in the information or facts required to
be furnished on the appliCation for a license, even after the license has been issued.
.
810.025. Execution of Application. An application for a liceuse, whether business or
personal service, must be signed and swom to. If the applicant is a natural person, the
application must be signed and sworn to by that person; if a corporation, by an officer of the
corporation; if a partnership, by one of the partners; and if an unincorporated association, by
the manager or managing officer of the association.
810.030. Application Fees.
1. An application for a license must be accompanied by the license fee specified in section
710. If an application is rejected, the city will refund the amount paid. No other refunds
will be made.
2. An application for a business license must be accompanied by an investigation fee in the
amount specified in section 710. No investigation fee will be refunded.
810.035. Persons Ineligible for a License. No license may be issued to an applicant who:
,.,,0;,.
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1. is under 18 years of age;
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810.~
2. has been convicted of a crime directly related to the occupation and has not shown
competent evidence of sufficient rehabilitation and present fitness to perform the duties
and responsibgities of a licensee as required by Miun. Stat. 9 364.03, subd. 3.
3. is not a citizen of the United States or a resident alien;
4. is not of good moral ~haracter or repute;
5. owes taxes, assessments, or other financial claims to a governmental agency that are due
and delinquent; or
6. is not the real party in interest of a massage business.
810.040. Locations Ineligible for a License. No massage business may be located on
property that:
1. is zoned as a classification of residential property under the zoning ordinance; or
2. is subject to taxes, assessments, or other financial claims from a governmental agency that
are due and delinquent, except if a suit has been commenced and is being diligently
prosecuted to question the amount or validity of taxes.
810.045. Granting of Licenses.
'~::~~ ...",,]:""" .
1. Business licenses.
a. Applications for business licenses will be referred to the police department for
investigation of the facts set forth in the application. The police department will
prepare a written recommendation as to issuance or non-issuance of the li-cense. The
city council or city manager may order and conduct additional investigation as they
deem necessary.
b. Except for a massage therapist business, notice of a hearing before the city council
must be published at least 10 days in advance. The notice must 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 any other
appropriate information. At the hearing, the public must be given an opportunity to
speak for or against the granting of a license. A license, other than a renewal, may
not be approved by the city council before the next regular meeting of the council
after the hearing.
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8-13
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/ 810.045
Public Health; Public Nuisances
c. Renewal.applications. Except for a massage therapist business, not less than 10 days
nor more than 30 days after the date for submitting renewal applications, the city
council will hold the public hearing. Notice of the time and place of the hearing and
the fact that a renewal application will be considered must be published in the official
newspaper 10 days before the hearing. At the hearing, the public must be given an
opportunity to speak for or against the granting of a license.
.
d. A license for a massage therapist business will be considered and renewed in the same
manner as a personal service license.
2. Personal service licenses.
a. Applications for personal service licenses will be referred to the police department for
investigation of the facts set forth in the application. The police department must
prepare a written recommendation regarding issuance of the license. The community
development director may conduct additional investigation as he/she deems necessary.
b. The community development director will make the determination whether to approve
or deny the license. A denial must be communicated to the applicant in writing
specifying the reasons for denial. The applicant may appeal this denial to the city a
council within 10 days of the date of the denial by submitting a request in writing. ..
c. Applications for license renewals must be submitted to the community development
director at least 30 days before the licenSe expiration. The director will decide
whether to approve or deny the license renewal. A denial must be communicated to
the applicant in writing specifying the reasons for denial. The applicant may appeal
the denial following the procedure in section 700.035 oftms code.
3. Grounds for denial. A license may be denied for any of the following reasons:
a. fraud or deception in the license application;
b. history of violations of laws and ordinances that apply to health, safety or moral
turpitude;
c. bad repute;
d. convictions of crimes or offenses involving sexual misconduct; and
e. other matters deemed to be relevant by the community development director or city
cQUJ1cil.
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810.055
810.050. License Not Transferable.
1. A license is issued to the applicant only and is not transferable to another holder. No
licensee may loan, sell, give or assign a license to another holder.
2. The license issued for a massage business is only effective for the compact and contiguous
space specified in the approved license application. If the licensed premises is to be
enlarged, altered, or extended, the licensee must inform the issuing authority and receive
approval before doing so.
810.055. Conditions of Licenses.
1. A massage business must not employ or use a person as a masseur or masseuse unless that
person is licensed by the city.
2. A person acting as a masseur or masseuse in a massage business must have his/her license
or a true copy of it, displayed in a prominent place on the licensed premises.
-
3. A massage business must not discriminate on grounds of race, creed, color, sex, national
origin or ancestry in p~rforming services offered by the licensed establishment.
4. The person who is receiving the massage must at all times have his/her buttocks, anus and
genitals covered with an appropriate non-transparent covering.
5. A masseur performing massages must at all times have his anus, buttocks and genitals
covered with a non-transparent material.
6. A masseuse performing massages must at all times have her breasts, buttocks, anus and
genitals covered with a non-transparent material.
7. A licensee must not solicit business or perform massage services, and a business licensee
must not allow, encourage or direct his/her employee to solicit business or perform
massage services, while the license is under suspension or revocation. In addition, no
personal service licensee may solicit business in a public place or in a licensed liquor
establishment within the city .
8. A licensee must not permit the possession or consumption of alcoholic beverages or illegal
controlled substances on the licensed premises.
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Minnetonka City Code
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". 810.060
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810.060. Suspension or Revocation of License. The city IIlaY suspend or revoke.a license
issued under this section. A suspension or revocation must be accomplished following the
procedure in section 700.035 of this code. The following are grounds for suspension or
revocation of a license:
I. failure to comply with city ordinances or state law;
2. control or possession by the owner, manager, lessee or an employee of the massage
business of alcoholic beverages or illegal controlled substances on the premises;
3. conviction of the owner, manager, lessee, or an employee of the massage business of a
violation of any ordinance or state statute, arising on the licensed premises;
4. conviction of the owner, manager, lessee or an employee of the massage business of
prostitution or another crime involving moral turpitude; and
5. failure to promptly notify the community development director of a change in the
information required to be submitted in a license application.
810.065. Duration of LicelL5e.
e
1. Licenses issued under this chapter expire on January 31 of each year.
2. When a licensee applies for renewal license with the required fee by the deadline for
submission, the licensee is authorized to operate until the license is either renewed or
denied.
810.070. Construction and.Maintenance of Premises.
I. Massage rooms, restrooms, bathrooms, janitor rooms, laundry facilities, and similar
facilities used in connection with the massage business must be constrUcted of smooth and
easily cleanable materials that are resistant to wear, moisture, bacteria, mold or fungus
growth. The floor to wall and wall to wall joints must be constrUcted to provide a sanitary
cove with a minimum radius of one inch.
2. Restrooms used in connection with the massage business must be provided with
mechanical ventilation with 2 cfm per square foot of floor area, a minimum of 20 foot
candles of illumination, a hand-washing sink equipped with hot and cold running water
unqer pressure, single~iise paper towels or other approved drying device and a soap
dispenser.
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810.080 "
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3. A massage business must have a janitor's closet for the storage of cleaning supplies. This
closet must have mechanical ventilation with 2 din per square foot of floor area and a
minimum of 20 foot candles of illumination. The closet must include a mop sinle
4. Floors, walls, other structures, and equipment in massage rooms, restrooms and
bathrooms used ill connection with the massage business must be kept in a state of good
repair and sanitary at all times. Linens and other materials must be stored at least 6 inches
off the floor in areas protected from contamination. Sanitary toweJs, wash cloths, cleaning
agents and toilet tissue must be made available for each customer.
5. Individual lockers must be made available for use by patrons. These lockers must have
separate keys fot locking. Instead of individual lockers, massage therapist businesses may
provide secure areas designated for storage of personal items belonging to employees and
patrons while on the premises.
6. Doors on massage rooms must not have locks, latches or other devices that can secure a
door to prevent its being opened. Massage rooms must be constructed with air space
between partitions and the ceiling, and be clearly identified by signs. The requirement for
an air space does not apply to massage therapist businesses.
7. A separate hand-sink must be accessible and used by a masseur, masseuse, and massage
therapist before administering massage on each patron and when hands are soiled.
8. The furniture upon which the patron reclines while receiving a massage must either be
covered with approved linen or be washed after each use with a cleaning agent sufficient to
prevent the spread of disease. Linens and towels must be changed after each use and
laundered by a commercial cleaning establishment or in approved laundry facilities on the
premises. Single-use linens must be discarded after each us.e.
810.075. Submission of Plans and Specifications. A person who constructs, remodels or
converts a building for use as a massage business must comply with this code. The person
must submit plans and specifications for the layout, arrangement, and plumbing, and
construction schedules to the community development department. A building permit may not
be issued for such construction, remodeling or alteration until the permit has been approved by
the health authority.
810.080. Inspection of Premises. Massage businesses must be open to inspection by city
health, building and license inspectors and police officers during business hours. Upon
demand .by a health inspector or police officer, a person engaged in providing services in a
licensed premises must identifY himself/herself giving his/her true legal name and his/her
correct address.
Minnetonka City Code
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810.085
Public Health; Public Nuisances
810.085. Hours of Operation.
1. Except with respect to massage therapist businesses, no customers or patrons may be
allowed to enter the licensed premises after 6:00 p.m. and before 8:00 a.m. daily. .No
customers or patrons may be allowed to remain on the licensed premises after 7:00 p.m.
and before 8:00 a.m. daily.
2. At massage therapist businesses, no customers or patrons may be allowed to enter the
licensed premises after 1l:00 p.m. and before 6:00 a.m. daily. No customers or patrons
may be allowed to remain upon the licensed premises after 12:00 a.m. and before 6:00
a.m. daily.
810.090. Penalty. A person who commits or attempts to commit, conspires to commit or aids
or abets in the commission of an act constituting a violation of this ordinance, whether
individually or in connection with one or more other persons or as principal, agent, or
accessory is guilty of a misdemeanor. A person who falsely, fraudulently, forcibly or willfully
indu.ces, causes, coerces, permits or directs another to violate a provision of this ordinance is
guilty of a misdemeanor.
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Date of Application: --1--1_
Business License Fee:
Reviewed
Denied
Approved
CITY OF MINNETONKA
APPLICA TION FOR A NEW MASSAGE SERVICE
BUSINESS LICENSE
PART 1 - General Information
This application form requests information which may be classified as private or confidential under the Minnesota Data
Practices Act This information is required by State law or City ordinance, The information will be used to determine your
eligibility for issuance of a license, permit, or identification card. Failure to provide the information will result in a denial of
the license, permit, or identification card.
Directions:
This form must be filled out with typewriter or by printing in ink. If the application is by a natural
person, by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the
partners; if by an unincorporated association, by the manager or managing officer thereof.
1. Name of applicant (name of individual, partnership, corporation or association);
2. Business Name:
Business Address;
Phone:
(Street, City, Stale, Zip Code)
IF BUSINESS IS TO BE CONDUCTED UNDER A DESIGNATION. NAME OR STYLE OTHER THAN FULL INDMDUAL NAME OF THE
APPLICANT. ATTACH A COPY OF THE TRADE NAME CERTIFICATE, AS REQUIRED BY CHAPTER 333, MINNESOTA STATUTES, CERTIFIED
BY THE CLERK OF THE DISTRICT COURT.
3.
Type of applicant:
Natural Person (individual)
Partnership
Corporation
Association or other
Individual
4. The full name, residence address and telephone number of the manager. proprietor or other agent in charge of the premises to
be licensed.
Name:
Address;
Phone:
(Street, City, Stalll, Zip C0d8)
Business Premises;
Property Owner:
Owne(s Address:
(Street,City.State.Zlp~)
Owne(s Phone:
(ArM; C_ and Number)
Attach copy of lease, mortgage, or property titie.
5. Is the applicanllicensed in any other community, and if so, where;
Has the applicant previously been denied a massage license by any licensing authority? Yes No
If yes, give the name and location of the licensing authority, approximate time period of the denial, and the reason given for the
denial.
l
.
PartnershiD
7. If applicant is a partnership, state full name, residence and business address, telephone numbers, and interest of each member
of the partnership. The managing partner will be:
Business Address:
ISI1eet, City, State, Zip Code)
Interest: %
Phone:
(Area Code and Number)
Phone:
(AJu Code and Numbetl
Interest: %
Phone:
(Area Code and Number)
Phone:
(Anlla Code and Number)
a) Full Name:
Residence Address:
(Street. City, Slate, Zip Code)
Business Address:
(Str&et. City, State, ZIp Code)
Full Name:
Residence Address:
(Slntet. City, State, Zip Code)
b) The managing partner will be:
IF THE APPLICATION IS FOR A PARTNERSHIP, ATIACH A TRUE COpy OF THE PARTNERSHIP AGREEMENT AND A COPY OF THE
CERTIFICATE OF TRADE NAME UNDER PROVISIONS OF CHAPTER 333, MINNESOTA STATUTES, CERTIFIED BY THE CLERK OF A
DISTRICT COURT.
CorDoration
8. If the applicant is a corporation or other organization, give name of corporation or association and home office address and phone
number.
Name:
State of Inc.:
Home Office Address:
Phone:
(Area COde and Number)
(Stre$\, City, State, Zip Code)
ATTACH:
1) A true copy of the Certificate of Incorporation,
2) Articles of Incorporation or Association Agreement,
3) By-Laws to the application,
4) Foreign corporations shall attach a Certificate of Authority, as described in M.S.S. Chapter 303.
9. The full names, residence address and telephone numbers of all officers of said corporation or association.
President:
Residence Address:
Phone:
(Afe8 Code and Numb9r)
(Slreflt, City, State. Zip Code)
Vice-President:
Residence Address:
Phone:
(Area Code and Nl.mber)
($tnIet.. City, State, Zip Code)
Secretary:
Residence Address:
Phone:
(ArBs Code and Number)
(Slntet, City, State, Zip Code)
Treasurer:
Residence Address:
Phone:
(Area Codt and Number)
(snet. City, State, Zip CoOe)
(2)
;
10. The MI names, residence address ar" telephone number of all persons who singly or together with their spouse and his or her
parents, brothers, sisters, or children, own or control an interest in said corporation or association in excess of 5%.
. Full Name: Interest
Residence Address: Phone:
(s_ COy. s..... Zio~) ..... ~ end Numbe<)
Full Name: Interest
Residence Address: Phone:
(s_ COy. s..... z;p Code) (AIM COde and Number)
%
%
11. Ustthe names, residence addresses and phone numbers of three residents: a) of the seven-county Twin Cities metro area. if you
reside in the metro area, or, b) in the county in which you live - if you live out of the metro area or in another slate. of good moral
character, not related to the applicant or financially interested in \he premises or business, who may be referred to as to the
applicanfs character. Submit a wtittsn reference letter from each person listed below.
In accordance with Chapter 154. the City Council may require other information upon reques\.
All persons whose names and addresses are supplied in \he foregoing application with the exception of references listed in Item 11 and
employees listed in Item 12 shall provide completed Pari 2 Personal Information. fQrms as a pari of tllls applicati.on.
l_nnunnnn
.(3)
~
.'
I HEREBY UNDERSTAND AND AGREE THAT:
1. INFORMATION REVEALED BY AN APPLICANT FOR AN OCCUPATIONAL LICENSE IN THE CITY OF MINNETONKA WI~
USED BY THE CITY IN ACCORDANCE WITH FEDERAL AND STATE LAWS REGARDING PRIVACY OF CRIMINAL RECO'W
2. A CRIMINAL CONVICTION WILL NOT BAR AN APPLICANT FROM OBTAINING A LICENSE WITH THE CITY OF MINNETONKA
UNLESS SUCH CONVICTION IS DIRECTLY RELATED TO THE OCCUPATION FOR WHICH THE LICENSE IS SOUGHT,
ACCORDING TO MINNESOTA STATUTES li364.03.
3. HOWEVER, FAILURE TO REVEAL A CRIMINAL CONVICTION WILL BE CONSIDERED FALSIFICATION OF THE APPLICATION
AND MAY BE USED AS GROUNDS FOR DENIAL OF THE APPLICATION.
I DECLARE THAT THE INFORMATION I HAVE PROVIDED ON THIS APPLICATION IS TRUTHFUL, AND I AUTHORIZE THE CITY OF
MINNETONKA TO INVESTIGATE THE INFORMATION AND CONTACT THE PERSONS NAMED ON THE APPLICATION.
I HEREBY AGREE TO NOTIFY THE CITY OF ANY CHANGE IN THE INFORMATION PRESENTED HERE WHICH MAY OCCUR DURING
THE LICENSE PERIOD.
I HEREBY AUTHORIZE THE CITY OF MINNETONKA TO HAVE ACCESS TO ALL SOURCES OF INFORMATION WHICH MAY BE
CONSULTED TO VERIFY THE INFORMATION I HAVE PROVIDED ABOVE. THIS INCLUDES AUTHORIZATION TO CHECK CRIMINAL
HISTORY RECORDS IF I HAVE BEEN ASKED TO PROVlDE THAT INFORMATION.
x
(SigrtBtuRr of Applicant)
Subscribed and sworn to before me a Notary Public
.
on this
day of
,19 .
Commission expires on:
lNotary Public)
H:\'NP\FORMS\A~1-MASS,BUS
(4)
--_..~
FOR POUCE DEPARTMENT USE
Date of Application: -1-1_
CITY OF MINNETONKA
Reviewed
Denied
Approved
IN SUPPORT OF AN
APPLICATION FOR A NEW MASSAGE SERVICE
BUSINESS LICENSE
PART 2 - Personallnfonnation
This application form requests information which may be classified as private or confidential under the Minnesota Data Practices
Act. This information is required by State law or City ordinance. The information will be used to determine your eligibility for
issuance of a license, permit, or identification card. Failure to provide the information will result in a denial of the license, permit.
or identification carel.
Directions:
This form must be filled out with typewriter or by printing in ink by the sole owner, by each
partner, by each officer, or director, by each manager, proprietor or other with management
responsibilities for the premises, by each person who by combined ownership or control has an
interest in a corporation or association in excess of 5%.
True Name:
Residence Address:
Maiden Name:
(laIt)
(Fnt)
(FuJI MiddJe NeI.)
Phone:
(Street, City, SllIle, Zip Code)
^ity in which you live:
usiness Name:
County in which you live:
(Establiltlment kif which the mlllMQ8 IiceOM is granted or applied for)
Business Address:
Phone:
(SIrHt. City, State, ZiP Code)
Place of Birth:
Date of Birth:
Height:
U.S. Citizen Status:
(City, county, State)
Weight:
Yes_ No_
Color of Hair:
(Month, Day, Year)
. Color of Eyes:
Social Security Number:
Name of Spouse, if applicable:
If naturalized, date and place:
Driver's License Number:
1.
Is the applicant licensed in any other community? Yes
No
If yes, where:
2. Has the applicant been denied a massage license by any licensing authority? Yes No
If yes, give the name and location of the licensing authority, approximate lime period of the denial, and the
reason given for the denial:
3.
Does the applicant have any training or experience in performing massage service? Yes
No
If yes, specify the training or experience:
Personallnfonnation - Part 2
4. If you have ever used or been known by a name or names other than the true name given on the preceding page, list such
name(s) and information concerning dates and places used:
5. Address(es) at which you have lived during preceding five years. (Begin with present or last address and work back.)
(Street Address)
(City,State,Zip)
1"-)
(Street Address)
(City,Stale.Zip)
(Dates)
(SIreetAddfess)
IC"", s..., ZJp)
(Oales)
(Street Addr8ss)
(City, State, Zip)
(08181)
(Street Address)
(City,Slate,Zip)
(Oate$)
6. Kind, name and location of every business or occupation you have been engaged in during preceding five years. (Begin
with present or last occupation and work back.)
(Business or OCOJplltion) (Street Address) (City,ShIte,Zip)
(Business or occupation) (Street Address) (City,Stale,Zip)
(Business or occupation) (Street Address) IC"". ...., ZJp)
(Business or occupation) (Street Address) (City,SIaIe,Zip)
(BUsiness or occupation) (Street Addnlss) (City,State,Zip)
7. Names and addresses of your employers and partners, if any for the preceding five years. (Begin with present or last
address and work back.)
(NAMES: Employers or Partners)
(Street AdtIress)
(City,State, Zip)
(NAMES: Employers or Partners)
(Street AddteSS)
(City, State, Zip)
(NAMES: Employers or Partners)
(Street Address)
(City, Slate,Zip)
(NAMES; Employflrs or PartnerI)
(SlreetAddress)
(City,Slate,Zip)
(NAMES: Employers or Partners)
(SIreeIAddress)
(City, State, Zip)
8. Have you been convicted for any crime other than a traffic offense during the past year? Yes _ No
If yes, give information as to the time, place and offense for which convictions were had:
(2)
Personallnfonnatlon - Part 2
List the names, residence addresses and phone numbers of three residents: a} of the seven-county Twin Cities metro area
- if you reside in the metro area, or, b} in the county in which you live - if you live out ofthe metro area or in another state,
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 applicanfs character. Submit a written reference letter from each person listed below.
1) Full Name: Phone:
2)
3)
I HEREBY UNDERSTAND AND AGREE THAT:
1.
INFORMATION REVEALED BY AN APPLICANT FOR AN OCCUPATIONAL LICENSE IN THE CITY OF MINNETONKA WILL
BE USED BY THE CITY IN ACCORDANCE WITH FEDERAL AND STATE LAWS REGARDING PRIVACY OF CRIMINAL
RECORDS.
A CRIMINAL CONVICTION WILL NOT BAR AN APPLICANT FROM OBTAINING A LICENSE WITH THE CITY OF
MINNETONKA UNLESS SUCH CONVICTION IS DIRECTLY RELATED TO THE OCCUPATION FOR WHICH THE LICENSE
IS SOUGHT, ACCORDING TO MINNESOTA STATUTES ~364.03.
HOWEVER, FAILURE TO REVEAL A CRIMINAL CONVICTION WILL BE CONSIDERED FALSIFICATION OF THE
APPLICATION AND MAY BE USED AS GROUNDS FOR DENIAL OF THE APPLICATION.
L.
3.
I DECLARE THAT THE INFORMATION I HAVE PROVIDED ON THIS APPLICATION IS TRUTHFUL, AND I AUTHORIZE THE CITY
OF MINNETONKA TO INVESTIGATE THE INFORMATION AND CONTACT THE PERSONS NAMED ON THE APPLICATION.
I HEREBY AGREE TO NOTIFY THE CITY OF ANY CHANGE IN THE INFORMATION PRESENTED HERE WHICH MAY OCCUR
DURING THE LICENSE PERIOD.
I HEREBY AUTHORIZE THE CITY OF MINNETONKA TO HAVE ACCESS TO ALL SOURCES OF INFORMATION WHICH MAY BE
CONSULTED TO VERIFY THE INFORMATION I HAVE PROVIDED ABOVE. THIS INCLUDES AUTHORIZATION TO CHECK
CRIMINAL HISTORY RECORDS IF I HAVE BEEN ASKED TO PROVIDE THAT INFORMATION.
x
(Signann of App"cant)
Subscribed and swom to before me a Notary Public
on this
day of
,19 .
Commission expires on:
(Nc\aryPublic)
H:\WP\FOAMS\PERINFB1.MAS
(3)
MASSAGE LICENSE APPLICATION
CITY OF MINNETONKA
In connection with your application for a massage license, you are being requested to
provide data which may be classified as private, confidential, non-public or protected non-
public data under the Minnesota Data Practices Act. This means that this data is not ordinarily
available to the general public.
The purpose of the information requested in the application is to provide background
for the investigation of massage license applicants required by City ordinance. Providing the
information will assist the Police Department in preparing an investigative report for the City
Council's review. This information may be given to the City Council of Minnetonka and used
by the City Council in its deliberations when granting or denying the massage license. If the
information is provided to the City Council, it may become part of a public record, available
to any interested individual.
You have the right to refuse to supply the requested information. If you do so, this fact
may be reported to the City Council and may result in the denial of your massage license
application.
A criminal charge, arrest or conviction will not bar an applicant from obtaining a license
with the City of Minnetonka unless the conviction is directly related to the matter for which
the license is sought, according to Minnesota Statutes, Section 364.03. However, failure to
reveal the requested criminal information will be considered falsification of the application and
may be used as grounds for the denial of the application.
* * * * *
I acknowledge being informed and receiving a copy of the above advisory and agree to
provide the requested information. I further authorize the release to the City of Minnetonka
of any information about my business and financial affairs which may be requested from any
firm relative to my financial background. I also authorize the City of Minnetonka to investigate
the information on the application provided in my application and to contact the persons
named on the application. I understand that incorrect or incomplete information provided by
me in my application may be considered falsification of the application and may be used as
grounds for the denial of the application.
Signature of Applicant
Date
I
CERTIFICATION OF COMPLIANCE
MINNESOTA WORKERS' COMPENSATION LAW
Minnesota Statute Section 176.182 requires every state and local licensing agency to withhold the
issuance or renewal of a license or permit to operate a business or engage in an activity in Minnesota until
the applicant presents acceptable evidence of compliance with the workers' compensation insurance
coverage requirement of Chapter 176. The information required is: the name ofthe insurance company,
the policy number, and dates of coverage or the permit to self-insUf"e. This information will be collected
by the licensing agency and retained in their files.
This information is required by law, and licenses and permits to operate a business may not be issued
or renewed if it is not provided andlor is falsely reported. Furthermore, if this information is not provided
or falsely stated, it may result in a $2,000 penalty assessed against the applicant by the Commissioner
of the Department of labor and Industry.
Insurance Company Name:
(NOT the insurance agent)
Policy Number:
Dates of Coverage:
to
(or)
I am not required to have workers' compensation liability coverage because:
o I have no employees
o I am self insured (include permit to self-insure)
o I have no employees who are covered by the workers' compensation law (these include:
Spouse, Parents, Children and certain farm employees)
.........***.*****.....
I certify that the information provided above is accurate and complete and that a valid workers'
compensation policy will be kept in effect at all times as required by law.
Name:
(last, first, middle)
Doing Business As:
(business name if different than your name)
Business Address:
City, State, Zip:
Phone: ( )
Signature:
Date:
Form
SP:C1
State of Minnesota
License Applicant Information
Under Minnesota law (M.S.270.72), the agency issuing you this license is required to provide to the Minnesota Commissioner
of Revenue your Minnesota business tax identification number and the Social Security number of each license applicant.
Under the Minnesota Govemment Data Practices Act and the Federal Privacy Act of 1974, we must advise you that:
. This information may be used to deny the issuance, renewal or transfer of your license if you owe the Minnesota
Department of Revenue delinquent taxes, penalties, or interest;
· The licensin9 agency will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchange
of Information Act, the Department of Revenue is allowed to supply this information to the Internal Revenue Service;
· Failing to supply this information may jeopardize or delay the issuance of your license or processing your renewal
application.
Please fill in the following information and return this form aiong with your application to the City of Minnetonka.
Please print or type
Type of license being
applied for;
Personal information:
First name and Initial
Applicant's last name
Social Security number
Applicanfs address
City
State
Zip Code
Business information (if applicable):
Business name
Business address
City
State
Zip Code
Minnesota tax
identification number
Federal tax identification number
If a Minnesota tax identification number is not required, please explain on the reverse sfde of this form.
Signature
Title
Date
-'1,,1%.;
Sy.t;j
Citydf
minnetonka
Environmental Health Division
14600 Minnetonka Blvd.
Minnetonka, MN 55345
Phone: 952-939-8274
Fax: 952-939-8244
ENVIRONMENTAL HEALTH LICENSE FEES FOR 2000.
~;;;"t@&(\J0:'~i.wrf:fk~}t,,'X
K~~t~eN~~~!;~
BOWLING ALLEY
Per Alley
$11
GARBAGE TRUCKS
First Vehicle
Each Additional Vehicle
Reinspection
$90
$55
$30
*LODGING
Base
Per Room
$145
$1.50
MASSAGE LICENSES
Non- Therapist Business
Therapist Business
Personal Therapist
(Police Investigation Fees also apply to massage licenses)
$1,000
$300
$50
*PET SHOPS
ROLLER SKATING RINK
POOLS
Indoor Pool
Outdoor Pool
Each Additional Pool
$95
$110
*TATTOOING
$260
$215
$155
$175
THEATERS
Seating Capacity/Screen
o 300
301 500
501 700
601 1000
More than 1000
$240
$300
$360
$420
$480
$50
TOBACCO - RELATED PRODUCTS
*PLAN REVIEWS
New Establishment 100% of license fee
Remodel 50% of license fee
':. ;'C.. ""f':'.. ~ ,.;:.",'-.......'... ..,' -, '. .':.', :/;. (<"'..1',.<'-"".<"'-''-;''-'.'".-'_,.',':._'','<':'1'.\'''''''' ,;'"-;'-~',,,:/'l":;':"'ijn'<'''L :':.;.~x,.:."':":" ,,<:,';'.-: .', ::~"'<"_>' ,':''-~' ..
. ..... CONSTRUCnONREaUlREMEN;rSj;fGR~.:~\:... .
';C' '.' " ..-:'-'" ' .... '.", .....:. ''', ..-"..-,,::. ...-.."..>__.,.",:.,."..:.,....-."'.,,}'.-_,....:..,,;(.,.;'.,. ",~\;.:>+""'''.:c.::'"fY''",;.:;';4''7\-.:'',_'''.-.::.,,/L..:,,;. '",'-::",";'3'.ci-\.:.''-C,';'.;: ''-.',
MASSAGE BIJSINESS'ANDMASSAGE:XHE~I!Y:.
A plan to-scale indicating the complete layout of the facility. including floors. walls, ceiling
surfaces. and equipment specifICations must be provided to the Environmental Health Division
and approved before a license can be issued. AHow at least 10 worlcing days from the time
the plans and necessary infonnation are submitted for the plan review pnH:esS. Sf1uctural
work should not be initiated before the plans are approved. Call the Minnetonka
Environmental Health Division at 939-8279 if you have any questions regarding requirements
and for an inspection before opening.
MASSAGE ROOMS
1 . Roors must be of smooth. nonabsorbent. and easily cleanable materials with a coved
base. Approved materials include ceramic tile. quarry tile, or commercial grade vinyl
tile. Carpeting is not an approved surface.
2. Walls must be smooth. nonabsorbent and easily cleanable such as ceramic tile,
fiberglass panels. or washable paint.
3. The ceilings must be capable of being cleaned.
4. Door may not be capable of being locked from either side.
5. lighting must be adequate.
HANDSINKS
1. A separate handwash sink must be available in the massage room or immediately
adjacent outside the room (within 20 feetl.
2. Mounted soap and paper towel dispensers must be installed.
3. The walls behind and immediately adjacent to the handsink must be smooth, easily
cleanable. and durable. such as ceramic tile or fiberglass reinforced panels.
4. Floors beneath handsinks must be capable of being kept clean.
JANITORS FACILITIES
1 . A janitor sink must be available at all times for cleaning and include a faucet with a
built-in vacuum breaker.
2. Floors must be of approved materials such as ceramic tile or quarry tile with a coved
base.
3. Walls must be of approved materials such as ceramic tile or reinforced fiberglass panels
to a minimum height of 5 feet.
4. Mechanical ventilation must be installed in janitor's room.
5. Mop holders and chemical storage racks must be provided.
l~_____ _ _
TOILET ROOMS. SHOWER ROOMS & LAUNDRY ROOMS
, . Roors must be approved rrlaterials such as ceramic tile, quarry tile, or terrazzo with a
coved base.
2. Walls must be approved materials from the floor to a height of five (5) feet, such as
ceramic tile, fiberglass reinforced panels, or similar.
3. Ceilings must be cleanable, such as washable paint or cleanable tiles.
4. Mechanical ventilation must be provided.
5. Toilet rooms must have self.closure devices.
Note: Linens and other cloths may be washed in a commercial laundromat instead of on.
site laundering.
STORAGE & LOCKERS FACILITIES
, . Adequate shelving must be available to store linens, cloths, and other supplies at least
six (6) inches off the floor.
2. Shelving must be cleanable and nonabsorbent such as stainless steel, plastic, laminated
wood on all sides, or similar.
3. Chemicals must be stored separate and below other supplies.
4. Lockers or other secured facilities to store personal and customer belongings must be
available.
FURNITURE
1. Massage furniture must be smooth, nonabsorbent and easily cleanable, such as vinyl
or plastic coated items.
Note: Persons applying for a massage business license not meeting practitioner
requirements, must undergo public notification and appear before the City Council
for approval.
Minnatanka Environmental Health Division, 14600 Minnetonka Blvd.. Mtka.. MN 55345.1612) 939-8279.
5/97
H:IWPlHEALTHIF-MASSAG.REQ
CITY OF MINNETONKA
14600 MINNETONKA BLVD.
MINNETONKA. MN 55345
(9521 939-8274
Applicant's Name
Place of Employment
\
) ,\{} , 1)
lOil} ~'
Yv ,,,).
U \'"'
~f9 .
To practice massage or offer massage services to the general public, certain forms or
statements are required to be submitted. Following is a listing of the requirements:
1. Personal Service (Massage) Application For A New License needs to be
filled out.
2. Three letters of reference - Page 2.
3. Release of Information form - signed.
4. Provide evidence of educational qualifications - copies of degrees,
diplomas or certificates, if any.
5. Copy of your drivers license.
6. Show proof of insurance coverage of one million dollars for personal
liability in the practice of therapeutic massage.
.,
7. The fee is $50.00.
A completed application form and all of the following information is required for the
Police Department investigation. Failure to provide this information will result in the
application being returned and the investigation being delayed.
Any questions regarding the application procedure. please call City of Minnetonka's
License Coordinator/Administrative Assistant at (952) 939-8274.
3/2000 L:IFORMSIA.M....U.ch.
,
.
FOR POLlCE DEPARTMENT USE
. Date of Application: _'-1_
. Fee:
Reviewed
Denied
Approved
CITY OF MINNETONKA
PERSONAL SERVICE (MASSAGE)
APPLICATION FOR A NEW LICENSE
This application form requests information which may be classified as private or confidential under the Minnesota
Data Practices Act. This information is required by State law or City ordinance. The information will be used to
determine your eligibility for issuance of a license, permit, or identification card. Failure to provide the information
will result in a denial of the license, permit, or identification card.
Applicanfs Name: Maiden Name:
ILm) IFni) (Full Middle N8ITI.)
Residence Address:
(Street NMIe} ICily) (Slale). IZl>C"')
Place of Birth: Date of Birth: Phone:
ICily,S"')
Height: Weight: Color of Hair. Color of Eyes:
Have you ever used an Alias? Yes_ No_ If yes, list name(s), dates and places used:
arital Status: Married
Employer.
Employer's address:
Single
Divorced
Date of Employment:
Have you been convicted for any crime other than a traffic offense during the past year? Yes_ No_
If yes, explain:
Have you ever held a Personal Service License in another community? Yes_ No_ If yes, where?
Have you even been denied a Personal Service License in another community? Yes_ No_ If yes, where?
Have you held a Personal Service License in Minnetonka within the last two years? Yes_ No_
PERSONAL INFORMATION
U.S. Citizen Status: Yes_ No_ If naturalized, date and place:
Sodal Security Number. Driver's License Number.
Have. you had training and experience in performing massage service? Yes_ No
If yes, specify the training and experience?
ployment Background for the past five (5) years (list below starting with most recent employment):
DATES EMPLOYERS POSITION HELD
CITY OF MINNETONKA
14600 MINNETONKA BLVD.
MINNETONKA. MN 55345
(952) 939-8274
I'(} \
r)c{l}) .. J,.', ~
r y~}
~:fV '
Applicant's Name
Place of Employment
To practice massage or offer massage services to the general public, certain forms or
statements are required to be submitted. Following is a listing of the requirements:
1. Personal Service (Massage) Application For A New License needs to be
filled out.
2. Three letters of reference - Page 2.
3. Release of Information form - signed.
4. Provide evidence of educational qualifications - copies of degrees,
diplomas or certificates, if any.
5. Copy of your drivers license.
6. Show proof of insurance coverage of one million dollars for personal
liability in the practice of therapeutic massage.
.,
7. The fee is $50.00.
A completed application form and all of the following information is required for the
Police Department investigation. Failure to provide this information will result in the
application being returned and the investigation being delayed.
Any questions regarding the application procedure, please call City of Minnetonka's
License CoordinatorfAdministrative Assistant at (952) 939-8274.
3/2000 L:IFORMSIA.M....gech.
FOR POLICE OEPARTNlENT USE
. Date of Application: _'_'_
. Fee:
Reviewed
Denied
Approved
CITY OF MINNETONKA
PERSONAL SERVICE (MASSAGE)
APPLICATION FOR A NEW LICENSE
This application form requests information which may be classified as private or confidential under the Minnesota
Data Practices Act. This information is required by State law or City ordinance. The information will be used to
determine your eligibility for issuance of a license, permit, or identification card. Failure to provide the information.
will result in a denial of the license, permit, or identification card.
Applicanrs Name: Maiden Name:
(Lull (Fnt) (Full r.tiddle NMMI)
Residence Address:
(SIrHI N.me) (c.,.) (5") (ZlpCode)
Place of Birth: Date of Birth: Phone:
(City, Stille'
Height: Weight: Color of Hair: Color of Eyes:
Have you ever used an Alias? Yes_ No_ If yes, list name(s), dates and places used:
alital Status: Married
Employer:
Employer's address:
Have you been convicted for any clime other than a traffic offense duling the past year? Yes_ No_
Single
Divorced
Date of Employment:
If yes, explain:
Have you ever held a Personal Service License in anolher community? Yes_ No_ If yes, where?
Have you even been denied a Personal Service License in another community? Yes_ No_ If yes, where?
Have you held a Personal Service License in Minnetonka within the last two years? Yes_ No_
PERSONAL INFORMATION
U.S. Citizen Status: Yes_ No_ If naturalized, date and place:
Social Security Number: Driver's License Number:
Have you had training and expelience in performing massage service? Yes_ No_
If yes, specify the training and expelience?
iployment Background for the past five (5) years (list below starting with most recent employment):
DATES EMPLOYERS POSITION HELD
"
list your residence addresses for the past live years:
'I'
'. (StreeIAddtNlI (c.,) (S~.) ("'0-'
IStrM Addrel,) (C,>,' (StP} (2<>0-)
(SlnMt A.dlnu) (C>y) (State) (Z;P0-,
(Slrnl AddnIu) (Cilyl (Stale) (Zip 0-)
(StreetAddqu) (cily) (Stale) (Zip 0-)
List three (3) residents ofthe seven county Twin Cities metro area, not related to the applicant, that will vouch for your sobriety. honesty. and
general good moral character, Submit a written reference Jetter from each person listed below.
IName)
{Stf8et. CII:y, StalII, ~ CoOel
(PrlcllwND.)
(NlWrle)
(Str8lll, c~. State, ~ CGcle)
(Phone No.)
IN..,.)
CSnet, City, s..... Zip Codel
(PhcnIlNo.)
pplicants must attach evidence of their education qualifications, Including originals or certified copies of Degrees, Diplomas or
Certificates, If any. Applicants must provide evidence of their practical qualifications to practice massage.
I HEREBY UNDERSTAND AND AGREE THAT:
1, INFORMATION REVEALED BY AN APPLICANT FOR AN OCCUPATIONAL LICENSE IN THE CITY OF MINNETONKA WILL BE
USED BY THE CITY IN ACCORDANCE WITH FEDERAL AND STATE LAWS REGARDING PRIVACY OF CRIMINAL RECORDS,
2. A CRIMINAL CONVICTION WILL NOT BAR AN APPLICANT FROM OBTAINING A LICENSE WITH THE CITY OF MINNETONKA
UNLESS SUCH CONVICTION IS DIRECTLY RELATED TO THE OCCUPATION FOR WHICH THE LICENSE IS SOUGHT,
ACCORDING TO MINNESOTA STATUTES 9364.03.
3. HOWEVER, FAILURE TO REVEAL A CRIMINAL CONVICTION WILL BE CONSIDERED FALSIFICATION OF THE APPLICATION
AND MAY BE USED AS GROUNDS FOR DENIAL OF THE APPLICATION.
I DECLARE THAT THE INFORMATION I HAVE PROVIDED ON THIS APPLICATION IS TRUTHFUL. AND I AUTHORIZE THE CITY OF
MINNETONKA TO INVESTIGATE THE INFORMATION AND CONTACT THE PERSONS NAMED ON THE APPLICATION.
I HEREBY AGREE TO NOTIFY THE CITY OF ANY CHANGE IN THE INFORMATION PRESENTED HERE WHICH MAY OCCUR DURING
THE LICENSE PERIOD.
I HEREBY AUTHORIZE THE CITY OF MINNETONKA TO HAVE ACCESS TO ALL SOURCES OF INFORMATION WHICH MAY BE
CONSUL TED TO VERIFY THE INFORMATION I HAVE PROVIDED ABOVE. THIS INCLUDES AUTHORIZATION TO CHECK CRIMINAL
HISTORY RECORDS IF I HAVE BEEN ASKED TO PROVIDE THAT INFORMATION.
x
(SiQnaQna(~)
ubscribed and swam to before me a Notary Public
on this
day of
.19_.
Commission expires on:
(N....,.........)
(-<196)
.~,
.
,T , j;
~ tl ! 1'411
iqityib.f .
minnetonka
t,:",;
Environmental Health Division
14600 Minnetonka Blvd.
Minnetonka, MN 55345
Phone: 952-939-8274
Fax: 952-939-8244
BOWLING ALLEY
Per Alley
GARBAGE TRUCKS
First Vehicle
Each Additional Vehicle
Reinspection
$11
$90
$55
$30
"LODGING
Base
Per Room
$145
$1.50
MASSAGE LICENSES
Non-Therapist Business
Therapist Business
Personal Therapist
(Police Investigation Fees also apply to massage licenses)
$1,000
$300
$50
"PET SHOPS
ROLLER SKATING RINK
POOLS
Indoor Pool
Outdoor Pool
Each Additional Pool
$95
$110
"TATTOOING
THEATERS
Seating CapacitylScreen
o 300
301 500
501 700
601 1000
More than 1000
$260
$215
$155
$175
TOBACCO - RELATED PRODUCTS
$240
$300
$360
$420
$480
$50
"PLAN REVIEWS
New Establishment 100% of license fee
Remodel 50% of license fee
MASSAGE LICENSE APPLICATION
CITY OF MINNETONKA
.
In connection with your application for a massage license, you are being requested to
provide data which may be classified as private, confidential, non-public or protected non-
public data under the Minnesota Data Practices Act. This means that this data is not ordinarily
available to the general public.
The purpose of the information requested in the epplication is to provide background
for the investigation of massage license applicants required by City ordinance. Providing the
information will assist the Police Department in preparing an investigative report for the City
Council's review. This information may be given to the City Council of Minnetonka and used
by the City Council in its deliberations when granting or denying the massage license. If the
information is provided to the City Council, it may become part of a public record, available
to any interested individual.
You have the right to refuse to supply the requested information. If you do so, this fact
may be reported to the City Council and may result in the denial of your massage license
application.
A criminal charge, arrest or conviction will not bar an applicant from obtaining a license
with the City of Minnetonka unless the conviction is directly related to the matter for which
the license is sought, according to Minnesota Statutes, Section 364.03. However, failure to
reveal the requested criminal information will be considered falsification of the application and
may be used as grounds for the denial of the application.
* * * * *
I acknowledge being informed and receiving a copy of the above advisory and agree to
provide the requested Information. I further authorize the release to the City of Minnetonka
of any information about my business and financial affairs which may be requested from any
firm relative to my financial background. I also authorize the City of Minnetonka to investigate
the information on the application provided in my application and to contact the persons
named on the application. I understand that incorrect or incomplete information provided by
me in my application may be considered falsification of the application and may be used as
grounds for the denial of the application.
Signature of Applicant
Date
,
"
Mffi-27-201211 1219: 03
C IT,' OF U flJ LAKES
651 982 2499 P .1212/19
613. Adult UIISS (Sexually-oriented Businesses)
-
613.01
~~rpo.. and Int.nt.
Subdivision 1. It is the purpose of this section to
requ1a:te adult use sexually-oriented bUsinesses to pr01llOte the.
health, satety, 1I0ra18, and general welfare of the citizens of the
city, to quard aqainst the inception and transmission of disease,
and to establish reasona))le and unifonl regulations. '.the
provisions of the section have neither the purpose nor effect of
ilDPOllinq a lilDitation or rutriction on the content of any
cOllUlU1l1icative lIIateriala, inolud1nq sexually-oriented lIIaterials.
similarly, it is not the int.ent nor effect of thi" .setion to
restrict or deny access by adults to sexually-oriented materials
protected by the First AlI\en4JMlnt, or t.o deny acce.s by the
distributors and exhil:litors of sexually-oriented entert.ain:Mlllt to
their intended aarket.
~
SUbd. 2 Tl1a City Council further finds that experienoe
from other oitie. I1111llonstrate8 that adult use bUllline.... Clonducted
in private by lIlembers ot the allme or ~. opposite sex, and
employinq personnel with no specialized training, are susceptible
to operation in II. lIlanner oontraveninq, subverting or endanqerinq
the health, safety and welfare of lll..",hoors of the cOlIllllunity l:ly l:lG1nq
the sites of acts of prostitution, illioit sax, and occasions of
violent arius, thus requirinq olose inspeotion, licensing, and
requlation.
6:1.3.02 nefin'ltioJ'lS Tha tOllowing worel., terms and
phrases, when used. in this .eotion, mall have the llleaninqs
a6cribed to th8lll in this section, except where the context clearly
indicate. a different .ellnin9:
1. lJ)tII4' 088 1\1",."81) 'fDII.1l
(A) ADULT USES: Mult usee include adult bookstores,
adult lIlOtion picture theaters, adult lllini-motion picture th,..terlll,
adult maSaal3e parlo:!:s, adUlt ateu room/bathhouse/sauna facilities,
adult o;:olllpaniontlhip establishments, adult rap/conversation parlors,
adult health/sport olubs, adult Cl~arets, adult no,,"elty busine.ses,
adult motion picture aroades, adult JIOdelinq studies, adult
hotels/lllotels, adult body paintinq studios, and other prslllises,
enterprises, establiahments, busines..s or places open to some or
all mem!:lers ot the pUblic, at or in which thus is an 8lIIphasis on
the presentation, display, depiction or description (If "specified
sexu.l activit.i.." or "spllCifi~ ana~lllical areas" which are
capable ot ~ing seen by lIIfSllll)era of the public. Activities
cla..itied as obscene ae defined >>y Minnesota statutes 617.241 are
not inclueled.
.r-
(1) Speoified ~atomical Areas:
(a) Less than oompletely and opaquely
00'18red human genitals, pubic region,
buttock, anus, or female breast(s)
150
MI'F!-27-21301 09: 04
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~
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CITY OF LIND LAKES
651 982 2499 P.03/19
belOw a point immediatelY a~ve the
'top of the areola: and
BwI1an male genitals in a discernible
turqid state, evan it COlllpletely and
opaquely covered.
(2) specified sexual Aotivities:
(:Ol
Ca) Actual or simulated 5Elwal
intercourse, oral copulation, anal
intercours., oral-anal copulation,
bestiality, direct phyaical
etilnulation of unclothed g'enitals,
tlaqellaticn or tortura 1n the
contut of a GQXUal relationship, or
the use of excretory functions in the
context: of a aexual relationShip, and
any of t.lW following' I s~ally-
o:iented acts or oonduc-tl anilinqus,
buqqary, coprollhagy, oopropb,1l1a,
cunnilinqus, fellatio, necrophilia,
pe4erasty, pedophilia, piqueri.lIl,
sapphism, zooerastYi or
Clearly depicted human qenitals in
the atat. of ..xual stimulation,
arousal or tumescanoe; or
(b)
(c)
u.. of hwaan or an1Jlal ejaculation,
sodomy, oral copUlation, coitus, or
maatur))ation; or
Cd)
pOndlinq or toUChing of nude human
genlt:als, Pubic reg-ion, l:luttoolts, OJ:'
feaal. brea8tl or
Sit:uation. involving a person OJ:'
J?ereons, any of WhOlll are nude, clad
1n underqaruents or in sexually
revealing costumQS, and who are
engaged in aotivities involving the
tlag'ellat:ion, torture, fettering,
bindinq or other physica.l restraint
of any lIluch PUIlOM; or
Erotic or lewd toucl1inq, foncll1nq or
ot:her eawally-orientad contact with
an a.niul by a h1lllliln beingi or
eel
(f)
('il)
H~Jl.an excretion, urination,
menstrUation, VBg'inal or anal
irrigation.
151
MAR-27-2001 es:BO
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(Ell
(C)
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:,,-.,
CITY OF LIND LAKES
651 982 2499 P.04/19
ADULT uSE - ACCESSORY. The offering- of ra~aU
'loads for sale which are classified as adult use.
on a limited scale and which are incidental to the
primary activ1ty- and goods /ArId/or servic85 offered
by the establiehlllent. EXUples of auch itelllS
inClude the aale of adult maqazines, the sale
a:nd./or rental of adult llIOtion piotures, the sale of
adult novelti.a, and the llke. (AlsCl ..e
applicable sect-ions of the city Zonir19 Code for
further requirelllents daf ininq adult us. acc...ery.)
ADum uSBS - PLUNCIPALI The offering of iOOds
and/or sanieea Which are olassified as adul't usas
as a primary or sola activity of a buaines. or
..tabUshlllent and inoluded but are not limited to
tha folloVinq:
(1) Adult u.. - Bod.y l'aint.i.nCj 8tuclio. An
establishment or bus1n.ss which provide. the
.ervlce of applyin'1 paint or other suJ:IstancelI,
Whether traneparent or non-transparent, to or
on the body of a patron when such body is
Wholly or partially nude in terms of "specified
anatOllical are.ISM.
(2) Adult Use - Bookstore. A building or portion
of a l:lullciinq used for the barter, rental or
sale of itlilms consistin; of printed matter,
pictures, eliCia., recordS, audio tape,
videotape, oompaot discs, oo~puter software,
41r;ital racordi1'l9s, motion picture fillll, or
otlutr CCIlllIlunicat.ion lIIediWlla it .uch buil.ding or
portion of a buildinq is not open to the public;:
CjenerallY ~ut only to one or more olassGC of
the public uclucUnq any minor by raason of age
or if a sUbstantial or siqnificant portion of
such item. are 4i.~1nquillbed or characterized
by an emphasis en the d.epiction or desoription
ot "specified. sexual activities" or "specified
anatomical ar.a...
(3 J AdUlt use - cabaret. A building or portion of
a buildinq ussd for providing dancinq or other
live enterta1lll11snt, if such building or portion
of a l:lUildi:nCJ excludes minors by virtue of "qa
or it such dancing or other 11 ve entartainment
1s di8tinguiehed or chuacterized by an
emphasis on the presentation, Qisplay,
4epiction or description of "specified sexual
lLctiviti_" or "specified anatClllical arn.".
{4) Adult U.e - COIIIpaniolUlhip E5tablisblllent:. A
companionship ..tablishment whicn lilXclUda.
minors by rGa~n of aqa, or Which provide. the
slilrVics or engaging in or listeninq to
152
MAA-2'7-a;)rl1 09: as
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CITY OF Ll i'-O LAKES
651 982 2499 P.05/19
c:onversation, talk or discu.sion :between an
employee ot the estaQlishaent and a auatomer.
if such s.rvice is distlnquisbed or
characterized by an EQIlPhasl. on "specified.
sexual activit:!..s" or "specified anatQllioal
areas 1\ .
(5,>
Adult U&e - Conversation/Rap Parlor. A
conversation/rap parlor whioh excludes minors
by reuon of aoe, or Whioh provides the servioe
of en;agill9 in or listeninq to conversation,
talk, or dlscullsion, if su= servic. i.
<listinquished or c:haracte%'1le4 by an emphuis
en "specified. sewilLl activities" or "specified
anatollical aralull".
Adult Use - Health/Sport ':lub. A health/sport.
CluD wh:l.oh exeludu lII.1.nors by reason of -0., Or
if such club i. distinguished or charaoterized.
by an emphasis on "speoified sexual activities"
or "specified anatomieal areas".
P) Adult Us. - Hotel or !(o'tel. Adult ho'tel or
motsl means II betel or motel frOll which minors
are specifically exclucla4 from pa.tronaqe and
wherein mat.erial is prasented ....h1ch is
distinguished or ~araoteriz.d ~ an eaphasis
on matter de~ictin~. deseribinq or relatinq to
"speoified. sexual activities" or "specified
anatomical are.e".
(6)
(8) Adult Use - Kassaqe Parlor. Health Club. A
lIlAllsaga parlor or health clUl:l whioh res1:.rict&
minors by reason of age, anr:1 whioh providll8 the
Be~ic.. of massage, it 8uch service i.
distinquished or charaoterized by an emphasis
on "speoified nxual activitie." or -specified
anatollioal areas".
(9) Adult Use - Hini-Hotton Picture Theater. A
builClin'i or portion of II wilc:l1ng wi'\;h a
capacity for leas '\:han JO persom. used for
presenting material it such builcUnq or portion
of a buildinq all II prevailinq practice excludes
minors by virtue of aqe, or if 8uch material
is distinguished or characterized by an
emphasis on .specified sexual activiti.." or
"specified. anatCllllical areas" for observation l:ly
patrons therein.
(10) A4ult Use - Jlodel1nq Studio. An ..~li"'hIII..nt
whose major buain... ill the proviSion. to
custolflera. or figure modelS who are so Fovir:1eci
with 'the intcmt ot providinq s.xual atillNlation
or sexual qratificatipn to such customers and.
153
MAR-27-2001 89: 06
,......
.--.
_.
(12)
(13)
(14)
(15)
CITY OF U ill LAKES
651 982 2499 P. 06/19
( '1.:1.)
\tinO enqllge in "specified sexual activities" or
display "speoif1e~ anatomical areo.s" while
being o~rved, painted, painted. upon,
ak"ch.d. drawn, ."UlpturCld, photographed, or
otherwise depicted by SUM custQlllers.
Adult Use - Motion Picture Arcade. Ani place
to which the pUblic 1. permitted or nvited
wherein coin or slug-operated or
elactronic:a.lly, electrically or lIeChanically
controlled or operate4 still or IIIOtor picture
machin.., projectors of other imaqe-produeing
devices are maintained to show imag.. to five
cr !:ewlilr p.rsons per mach1ne at anyone tillle"
and wbere the imaq811 ao displayed are
distinguished or characteri.ed by an emphasis
on d.epic:1:1nq or delScribin9 "apeoUied aexual
activiti.s" or "specified anatomical areas".
Adult US. - Motion Picture Theater. A builGinq
or portion of a buil~ing with a capacity of 50
or .ore parsons uaed t~l1: presentinq mAterial it
such wilclinq or portion of a b1.l.11dinq aa a
prevailing- practice exclude. minors 'f>y virtu.
of ag. or if suCh uterial i. dbtinquished or
characterized In' an eJlPhasis on "speCified
s$wal activities" or ".pecifieG anatolllical
areas" for eklserva'tlon by patrons therein.
Adult USe - Novelty Business. A busineBlI whiQh
has ail a principal activity the sale of l:\$vices
whiCh stimulate human genital. or devices Which
are ~esignad tor ..xual stimulation.
Aclult U.. - Salina. A sauna Which QXclUdes
minors by reason of aqs, or which pro.....icle. a
.teu 1)ath or beat ~thing ro01ll used tor the
purpose of bathing, relaxation, or radUcin9,
utiliainq stealll or hot air as a cleaninq,
relaxinq or reducinq agent, if the service
proviele4 by the saunA is distinquished or
charact.-rized by an emphasis on "apeClirled
sexual activities" or "spsoit'ill4 anatomical
areU. .
Adult Us. - steam ROom/Bathhou.. Facility. A
buildinq or po~ion of a 1:Iuildinq used for
provielirl'l .. .t.... bath or heat bathinq roam
ustld for the purpose of pleasure, 1:lath1nq,
relaxation, or reduoing, utililiD'iJ Iiteam or hot.
air u a clean1ng, relaxing ar reducing agent.
if such 1:Iuil.<1inq or portion af a building
restricts lIlinors l>y reallon of aqa if the
servioe provided by the Iiteam ream/bathhouse
facility i. distin<;uished or characte:rizlld 'f>y
154
I
I
MAR-27-21301 09' as
C lTY OF L! NO LAKES
651 982 2499 P.07/19
-
an _ph.ais on "ape"ifie4 ..XI.l.al aotiviti_" or
"specified anatomical are..".
2. en," 1IIlHlnlUAtOJU The city Administrator of the city
of Lino Lakes.
J. X,:tC1IIIIIBBI A person in wbo.. JIUIIl II license to operate an
adult use business has been 1s.ullc1, as well .8 the individual
listed as an applicant an the applioation for a license.
4. palOI.. An indiv14ua1, proprietorship, partnership,
corporation, ...001ation, or other 1..,.1 entity.
!5. SQIlI!l'Ulft:tAL ULMQ8Kl!lIIT1 SUbstantial en1arqlllllerlt of an
adult use businesS Illeans the increase in floor area oCClupied tly the
bWliness by llIOre that twenty-five (25) peroent, as the floor area
existed. on the effective date of thb ordinance.
6. '1'1lAJr8~ 0.. owtll~n:no OR c:OJIftOLI Tran.fer of ownership
or aontrol of an adult use business llleans and includes any of the
following:
A. The sale, lea.., or sub-lease of the business;
.--'
The transfer of securities wbich oonstitut.e a
controLl1nq interest in the bualMs., whether by
aale, exohanqe, or aiJllllar lIleanll; or
c. '!:he eat.al>lishJ\ent ot a trust, q1ft., or other
similar 1eq41 device whi.ch tranlltera the ownership
or control of the D\UlinGlllll, exeept tor tranafer by
l:lequeat or other operation of law upon the death of
the person po..e.sing the ownership or control.
B.
613.03 Classification.
classified a8 adult u.eS:
'the
following
uses
are
1. Adult uses-acoeesory.
A. comprise no IlIOre than ten (10) percent. ot the floor
area ot the ..tablishment in which it is located.
B. Comprise no lllore than twenty (20) p~oent of the
gro.. receipts of the entire bIleine.. operation.
C. Not involved or include any activity except the
sale or rental of merchandis..
2. Mult. usea-principal.
_.
A.
8.
c.
o.
304y painting studio
Bookstore
Cabaret
cOlllpanionship Establishment
155
MAR-2'7'-20el 09' el'7
~
B.
F.
G.
Ii.
I.
J.
J(.
L.
K.
N.
o
613.04
C!TY OF L lI-IJ LAKES
651 9822499 p.eS/19
conv.r.a~ion/Rap parlor
Health/Sport Cl~
Hotel or 1iI0i:el
Maasaq. Parlor, Haalth Cl~
Mini-Motion Picture Tbeater
KOdel!nq studio
Motion picture Arcade
Kotion picture Theater
Novelty Business
Sauna
st.eu ROOIl/Bathhouse Faoility
LiOtltY'lses.
ReqUired and EXemptl
A. No person, fi:r:m, or corporation shall operat.a
an adult ull8.prinaipal without havinq first
secured a lic:sense as here1rl provided.
B. Adult use.-acce..ory shall not require a
lioense pursuant to this seation.
2. An application for a licsnse must be made on a fon
provid.ad by the City. ~he application must be
aocompanied by a Bketotl or diaqram showinq the
configuration ot the prulises, includinq a
atatuent of total floor space occupied by the
busine.s. The ..tch oX' diaqram need. not be
protessionally prepared. but 111.IIIIt be drawn to a
d..iqnat.ed scale or drawn with market db.ensions of
the incerier of the pr_i... to an accuraoy of plus
or minus six (6) inche.. Applicants who llI.l.1St
comply with SUbdivision 61.3.17 of the SecUon 1llhe.1l
s\l.blllt a cUagrUl maet.inq the requ.iruents at that
subdivision.
1.
-
3. The applioant IIIUIIt be qualified acc:orCinq to the
pz:oovis1ons of this Section and the pr_isas lIlust be
inspectell and foUl'ld to !:le in o01llplianca with the
law by the Fire Department and the 8uilding
Depe.rtlllent.
4.
It a person who willhes to operate an adult us.
1:1I1.inesa is an individual, the individualll1ust. sign
tlIe application for a licenll8 all applicant. If a
pertlon who ",ish.. to operate an ac1ult usa businelils
i. othar than an individual, eacn individUlll who
has a ten (10) percent or qreater interest in the
business lIust silpl the application for a license .s
applicant. Bach applicant lIlI1st :be qualified. under
Subdivision 613.05 and each applicant. shall !:Ie
considered a licansee if a license is qrantad.
156
Mffi-27-2001 09~ ~r?
CITY OF UNJ LAKES
651 982 2499 P.09/19
,.....
613.05
ISsuah08 O~ Licanse
1. The City Administrator shall approve the issuance
of a license to an applicant within thirty (30)
days atter receipt of an applioation unless the
A4lDinistrator finds one or 1IIore of the followinq to
be true:
A. An appliclU1t i. unaer eiqht/ilBn (18i yearfi of
lllq..
B. The appliclllnt i. cielinquent in his or her
payment to the oity of tax.., ree., fines, or
penal ti.. .......ed il.IJainst hiln or her or
ill\posecl upon hilll or har in rlillation to a
.exually-o~ientaci ~sines..
c. An applicant has failed to provide inforlllation
reasonably neces.ary for i.suan~e of the
licen.e o~ has falsely answered a que.tion or
requ.eet fOr inf~tion on the applicil.tion
form. .
r-.
D. An applicant has been convioted. of a viglation
of . provi.ion of this Section within two (2)
years immediately >>recedinq the application.
The faot that a conviction is beinq appealed
shall h..ve no effect.
E. An applicant is residing with a person who has
been denied a lio.ns. by the city to operate an
adult 1,1_ ~.iness within the precedinq twelve
(l~l montha, or residing with a pe~son whose
licens. to operaee an adult use business has
been :z:evokl4 within the preoedinq twelva (12)
1l\Onths .
J'. The preai.e. to ~ used for the adult use
w.ine.. hava not been app~oved. bY the Fire
DapartDent and the Building Official as being
in compliance with applicable laws and
ordinances.
-
G. The licenllle fae required by this section has
not been paid.
H. An app1iClAnt has been employed in an adult use
sexually-oriented ~sine8. in a managerial
capacity within the prececHnq twelve (12}
months and has dlllllOnstrated that he or ahe ill
unable to operate or manage an adult ua..
~eine.s prpb.. in a peaceful and law-abiding
mann.~, thus necessitating 'lotion by law
enforcement officers.
157
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651 982 2499 P.l0/19
r. An applicant or the proposed establisbl1lent is
in viola~ion of or is not in coaplianca with
the cit.y Code.
J. An applicant or an applicant'. spouse has
):lee convicted of a crille:
1. Involving- any ot the fOllowing offenses:
a..
in
Prostit.ution all clall=il::led
Minnesota Statut.. 609.321;
b. SOlicit:aticn, i.nd'l"..........t ot pr01llOtion
of prostitution as described in
Hinnasota statutes 609.322;
c.
Receiving profit
prostitution as
Minnesota Statutes
derived
d..cribec1
609.323 ,
from
in
d. other prchib1 ted acts relating to
prostitution liS deacribed in
Minnesota Statut.ee 609.334;
e. obscenity.a describsd in Kinnesota
statutes 617.241;
f.
Sal., l1i..em1nation, dish-ibution,
display or exhibit.ion of barmful
material to minors as de.cribed in
Minn.sot.a Stat.ute. 617.293 and
617.394;
q. Sexual performanoe by a child. as
d.sorilled in Minn.sota stat.ute.
617.246;
h. Diasellination or possession of child
pornoqraphy as described in Hinnesota
statutes 617.247;
i. Indecent exp<lsura as: described in
M1nnaaota statutes 617.23;
j. Criminal .exual conduct aa desc:ribed
in Kinnesota statute. 609.342;
609.343, 609.344, and 609.345,
k. Incest. ae described in Minnesota
Statute. 609.365, or
1.
Criminal attempt, conspiracy, or
lilolicitation to QOIIlIIit any of the
foregoing otfens.s;
158
For which:
11. LeSlI than two (2) y_r. have elapsed
since the date of conviction or the
date of releas. frolll confinement
ll11poaed for the conviction, whichever
is the later dat.e, if the oonviction
1. of a misdemeanor offen..;
b. Less than five (5) years have elapsed.
sinoe the date of conviction or the
date of rele.ase. froll\ confinament,
whichever is the later date, if the
conviction is of a felony offense j or
c. LesS than five (!5) years have elapsed
since the aate of the last conviotion
or the date of release froll!
confinement for the last conviction,
whichever is the later date, if the
conviotions are of two (2) or mora
misdemeanor offenses or cClllll:lination
of lIIied_sanor often.es occurring
within any twenty-fOur (24) month
period .
lC. The fact that a conviction is being app.aled
shall have not effect on the disqualification
of the applioant or applioant's spouse.
~IAR-27-2Q01 00: 08
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C IT,' OF L I rD LAKES
651 982 2499 P.~1/19
2.
L. An applioant who has been convicted or ~hose
SPOUliI$ has been convicted of an ottense listed
in Section 613.05. (1). (J). (1) may qualifY
tor an adult use Wiliness lieemlle only when the
time period J:equired hy Section 61.3.05. (1.).
(J). (2) has elapsed.
M. Tb. license, if qranted, shall stat. th. nalle
of the parson or persons to Wholl it ill sz-anted,
the expiration dat., ancl the address of the
adult use bllsines.. The license shall be
posted in a oonspicUous place at or near the
entrance to the ac:lult Wle sexually-oriented
business so that it may be easily read at any
till\e.
613.06 L!cange :tees: Licen"''' Investi....tion Fees. The
ennual foe for an adult use business license shall be set by
resolut.ion of the city council. 'rJle inv.atiqation fee for tn.
purpose of issuinq a license shall be set by r..olution of the city
Counoil. :In the event that the license is d..niael upon ..pplioation,
the license fee ahall be refundec:l; however, no part of the licen..
,... investiqation fee shall bA returned to the epplioant. No part of
the annual licen.A tee shall be r.fundGd. if the. license is
suspcande4 or revoked.
159
~lPR-2'7-32l01 09' 09
613.07
1.
2.
3.
613.08
1.
:iI.
613.09
-
CITY OF LIfD LAKES
651 9822499 P.12/19
InSDeei:ion.
An applioant or licensee snall perll\it
representative. of the Polio. Department, Fire
Department, and. Build.inq InspeClt10n Division to
inspect the premi.e. of an adult u.e bu.iness for
the purpose of 1nsurinq coJIPlianca with the law, at
any time it is occupied or open for busines..
A person who operates an aclul t use business or
their agent or llIIployee c01lIlIits an offense if the
person retuses to penait a lawful inlil'PBction of the
premis.s by a repre.entative of the police
Departllent at any ti1lle it is occupied or Clpen for
busin..s.
The provisicms of this section ao nat apply to
areaill of an adult motel which are current.ly beillg
rented by it CUSt011lU for use u a pUlllll.nent or
temporary habitat.ion.
EXDira~ion or Lio.nsa
Each renewal 1108JU18 Shall be issued for a _XimWII
period of one (1) year. All liclIIlses expire on
Deceml:Jer 31 of each yeiU'. Bach 11cenae may l:Ie
renewed. only by maJcinl1 aPilica'tion as provided ill
Section 613.04. Apphcat on tor renewal ahall I:IG
made at leaet ninety (90) clay. l:Iefcre the
expiration date. If the city Administrator
determines qoocl and suffioient caus. is shown by
the a.ppl1cant tor failure t.o file a timely renewal
application, the City AdIlIinist.rator may, it oUlar
provisions of the section are cOlI]j)lied with, grant
the application.
When the city AdlIliniet.ra'tor denies renewal of a
licslUIe, the app.1..l.cant; ahall not be i.euad a
license for one (1) year frOlll the dat.e of cSenial.
If I lIubsequent to elenial, the city Ac1IIinlet.rator
finds that the baa18 for denial of the rentnlal
license has been C:Cl.rectecl or abated, the applicant.
_y I:IG granted a license if at least ninety (90)
aays have elapsed. sinoe the cl.ate denial bec_a
final.
susDanslon. Tbe city Administrator Jlli.l.y s'Ulilpend a
license for a period not to excalll1 thirty (30) days
following written notice and an opportunity to be
heard it the Acainistrator deterlllinee that a
liceneea or an employee of a lioensee has:
1.
Violated or 1s not in compliance with this
ordinance;
160
MRR-27-3a01 09: 10
2.
r-
3.
4.
5.
1513.10
1.
2.
--
-
CIW OF L;NCl LRKES
651 9822499 P.13/'19
Engaged in exce..ive use of alcoholiC! bev.rages
While in the adult u.e .~ally.oriented business
premise.;
Refused to allow an inspection of the adult use
business preJllises as authorized by this section;
Knowinqly perIIitted unlawfulqlDlbling by any person
on the adult use business prai...;
DeIlOnstrated inability to operate or manag- an
a.dult us. business in a peaceful and law-abidinq
manner, thus necessitatinq action by law
enforcement Officers.
RAVlX1Ilt:ion.
'l'he oi ty AcbIiniatrator 'IIlllY revoke a lic.nse
preceded by written notice and an opportunity to be
heard if a caus. of suspension in Section 613.09
occurs ancl the U.csnse haa baen suapendsd within
the preceding- t.wel ve (12) IIOnthe.
The Ci'l:y Adll1.niltrator uy :revoke II license if the
city A4lIinis"a'l:or det.ermines thatl
A. A liceneee gave false or lIIisleading infonl&tion
to the city during the applicat.ion prooeSs,
B. A licenII.. or an emplOY" has knowingly allowed
pose.seion, uss, or sale of controlllld
sUbStances on the premi...,
C. A licensee or an aployee has knowingly allowed
prostitution on the pr8lllises;
D. A licensee or an employee knowinqly operated
the adult us. !:l\ain... durinq a period of t.ime
when the licansee's lioense was suspended.
II. A lioensee hu been convicted at. an ot.fense
li.ted in s.ct:ion 613.0~. (1). (J). (1) for
Which the time period required in section
613.05. (1). (J). (2) has not elapsed;
F. On two (2) or IIOre acc.sions within I!I t,w.lve
(12) months period, a per.on or persons
cOllllllitt.ed an otfance occurring in Dr on the
licensed pr8lllie.e ot a cri1ue list.ed in Section
613.05. (1). (J). (1), for which a conviotion
has Dean obtaJ.J1c, and. the person or persons
were employees of the adult use wain.a. at the
ti1ll8 the Offens.. were COlIIIlitted;
161
MRR-27-2001 09' 1Ia
CITV OF UNJ LRKES
6519822499 P.14/19
G. A licensee or an employee has knowinqly allowed
any act of sexual interooU%'ae, sodomy, oral
copulation, 1lIlls'turb41tion, or sexual I;:ontllct to
oocur in or on the 1 ioensad pr_i.... Th. ten
"sexual contact" .hall have the meaning as it
is defined in Minnesota Statutes 609.341, SWld.
lleb); or
H. A licensee i8 delinquent in payment to the City
for ad valorem tax.., looal lodqing tax, or
otheJ:' taxes or fee_ related to thli adl:ll t use
sexually-oriented busin....
3. The fa.ct that a conviction i. beinq appealed shall
have not effect on the revocation of the license.
.---
4. Subeeotion 1513.10. (2). (G). do.. not apply to
adult motels as a ground for revokiDi the license
unless the licen... or _PlOY" lCnOWingly allowed
the act of sexual intercourse, sodomy, oral
copUlation, u.turbation, or sexual contaot to
oocur in a public place or within pUblic view.
When the City ACIllln1atrator revoklBS a license, the
revol;:ation shall continue for _e (1) year and the
lioensee llhall not b. ililsl:led an adult use businesll
licen.. for one (1) year frCII the date revocation
became effective. If, subsequent to revocation,
the city Adminbtrator finc1s that the basi. for the
revocation has been oorrected or abated, the
applicant may be qranted II license if at least
ninety (510) caYII have elapsed. since the date the
revocation beoame effective. If the license was
revok.4 under su>>.ection 613.10. (2). (Cl, an
applicant may not be granted another licen.. until
the appropr~ate nWlll:ler of years requirK under
section 613.05. (1). (J). (2). have elapsed.
5.
,-
613.11
1.
-
A'r)t)aal.
It' the City Administrator denie. the issuance of a
license, or suspends, or revokes II license, the
Administrator shall .cnel to t.he applioant, or
lioensee, by certified mail, r.turn receipt
reque.ted, written netice of the aotion, and the
riqht to an appeal. The aqqrieved party may appeal
tho decision of the City Administrator within tan
(10) days of reoeivinq notice of the city'S action.
The filinq of an aPl.'eal stays the action of the
city Administx'ator U1 suspendin9 or revokinq II
license until the City council male.. a final
decision.
2. PROCBDUBI: The City council may appoint II
OOllllllittee of th. council or an independent hearinq
162
Mffi-27-2001 00: 11
,-..
3.
613.12
613.13
1.
2.
~
613.14
1.
2.
613.15
,..-..,
613.16
CITY OF L:HJ LAKES
65: 982 2499 P. 15< 9
officer to hear the matter, report findlnqs at
fact, and a rec~tion for disposition to the
City Council. Hearing. on the appeal shall be open
to the public and the licens.. or applicant shall
have the riqht to ilppear and be repre.ented. by
leqal oaunsCll and to otfar evidence in its l:lehalf.
At the conclusion of the heuinq, the city c:ouncll
shall make a final deci.ion.
&Il~UJ:OIIJlto aJlQUX'..""81 'rhe city council may
condition denlal, .~.pan&ion, revocation, or 1'101'1-
renewal of a license upon appropriate ter3llli an4
cond1tion..
'Prana:far of LiQI!!mIilQ. A license. shall not
tranefer his or her ligene. to another, nor shall
a lioensee operate an adult us. business under the
authority of a license at any place other than the
address desiqnated in the application.
a~ni~ioft81 .Aaula~ion. tor EgOO~ Aa_noias.
An escort agency ehall not emplOY any person under
the aqe of e1ghteen (18) years.
A person couits an offenae it he or she aots as an
esoort or agrees to act as an escort for any parson
under the age of eighteen (18) years.
Addi~ional Raau1ations f~ NudA Model studio..
A nude model studio ahall not eJIIploy any person
under the as. of eiqhteen (18) year..
A person cOllllllits an offense if he or she app_rs in
a state of nudity or lmaw1nSly allows another to
appear in il state of nudity in an area of a nuele
lIlodel studio premises which can )Ie viewed from the
public right-of-way.
Additiona.l Raaulaticns fo~ Adult Thaa~Qr. 81'\d ~dult
Kot:ion pictuY'. Theat:erll.
1.
A per.on oOllllllits ;m offense if he or she know11l9'ly
alloWS a person under the age of eiqht..n (18)
years to appear in .. state of nudity in or on the
pr_i... of an adult theater or adult IIICltion
ploture theater.
It is a defenae to proe.cution under Sub.ection
613.15. (1) of this section if the person under
eighteen (18) yeus wall in a rest roalll not open to
public view or pereons of the opposite sex.
2.
Add1tiona~ RRau]a~ion8 for Adul~ Kotals.
163
Mffi-27-2001 09: 11
1.
~
z.
3.
613.17
1.
~.
-
CITY OF L!fD LAKES
651 9822499 P.1S/19
Evid!ill1(le that a sleepinq ro01ll in a hotal, motel, or
similar commercial establishment has been rented
and vacated two or more tilDes in a perio<l of tillllll
that is less than ten (10) hours creates a
rebuttable pr.sUlllPtlon that the .stablillhJllent is an
adult lIIOtel .. that ten is defined in this
ordinance.
A person oOlll1lits an offense if, as the person em
centrol of a sleepinq room in a hotel, motel, or
similar cOllllllercial .stablishment that does nct have
an adult use bualn... lieen.., be or she rent. or
sub-rents a Illeepinq rooll to a person and, within
(1) hours from the till. the room is rented, he or
she rents or sub-rents the same sllileping roO"ll
aqain.
For purposes of SUbsection 613 . 16. (2) of thb
Section, the termGi "rent" or "sub-rent" mean the
act of pUlllittinq a room to be occupiecJ. foZ' any
form of ccnsideration.
Ra~latio~A p~aini~q to ~ibition o~ 8AXUsllv
ExcYicit Yil.. Dr Vidaos.
A person who operates or causes to be operated an
adult use wsines., other than an adult motel,
which exhibits on the prlllllisea in a viewing' room of
less than one hundt'eCl fifty 1$0 square feet of
floor space, a film, video oassetta, or other video
reproduction which deplgta speQified sexual
aQtiviti.. or specified. anatOllllcal areas, shall
comply with the l'Ollowinq requirements I
A.
Upon application tor an adult Use business
Heen.., the appl1oation shall be accompanied
by a cUaqraa of the pr8lllises showinq a plan
thereof spee1fyinq the lo=.tion of one or more
manaqer's stations and the location of all
overhead lightinq fixture. and desiqnatinq any
portion of the premises in whieh patrons will
not be permitted. A ~naqer's station shall
not exceed thirty-two (32) square teet of floor
area. The c1iarar_ shall also desiqnate the
plaoe at which the permit willl:le consplcuously
posted, it granted. A professionally prepared
cUaqrllll in the nature Of an engineer'. or
architect's blueprint ahall not be requiredr
however, each diagram should be oriented to the
north or to some designated street Or object
and should be drawn to a desiqnated scale or
marked dimensions sufficient to show the
various internal dimensions of all area. of the
interior of the pr$ll\l... to an accuracy of plus
or minus six (6) inches. The City
164
~ MRR-27-2001 0'3'12
,-.-
~
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CITY OF LI fD LRKES
651 982 2499 P.17/19
~inistrator may waive tne roregoing diaqram
for renewal applications if the applicant
adoptll a diaqru that was previously lIu~tted
and certifies that the contigUration of the
prali.e. has not bQen altered IBince it waS
prepared.
Tne application shall be eworn to be true and
oorr8Ot: by the applicant.
NO alteration in the confiquraticn or location
of a managar'_ station may be made witbout the
prior approval ot the city A4mil'lilJtrator or hie
el:' her designee.
It is the duty Of the owners and operator of
the pr_i... to ensure that at least one (1)
_ployee i. on duty and situated. in each
manager'. station at all ti__ that any patron
is pre.ent inside the premises.
E. The interior of tha pX'ellli.e. shall be
configured in euoh a lIIanner that ther. is an
W\ol\Mltructed view froll a ..naCJe1" Ii station or
every area ot the praiae. to which any patron
is pendtteci ace... for any purpose excl\lding
rest roOU. Rest rOOllla may not contain video
l:'eproduction equipment. If the pruise. has
two (2) lIana'iler's station. d8llignated, then the
inter10r of the pr_i..& shall be contiqured. in
such a II&Mer that there 18 an unol:lliltructed.
view gf each area of the pr_iilel> to which any
patron i. perIIlitted acce.. tor any purpose frolll
at laaat ana (1) of the maMqer'll atation..
The view r.~ired in this sub-section lIust be
by direc:t line ot aiqht tr01ll the manaqer's
atation.
B.
c.
D.
F. It shall be the Quty ot the owners and.
operator f and it shall also be the duty of any
agents and 4IlIIPloyee& present in the pX'8lIlise. to
Iillaur$ that the view area specified in SUb-
.ection E reaains unobstruoted by any doore,
walls, lIe%'chandi_e, d1aplay racks or other
ma1:erials at all tilll88 that any patron is
present in the prais.s and 1;0 tmallre that no
patron is perait~ accs.a to any arsa of the
pr_ises which has been desit;lJ1ated as an area
in which. patrons will not be pel'lllitted in the
application filed pur.uant to Sub-aaction A of
thi. Seotion.
G. Ths pr~i... shall be equipped. with overhead.
lighting tixtura. of sutticient intensity to
illUlllinatQ every place to which petrons are
165
11AR-2'7-2001 0'3' 13
---
2.
613.18
1.
2.
~
613.1.Sl
-
CITY OF Uf-O LAKES
601 982 2499 P.18/19
permitted access at 1m ill\1l1.inat10n of not 1_.
than one (1) foot candle a. measured at floor
leval.
It shall :be the d.uty of the owners and
operators and it shall be the cluty of any
agent5 and ..ployess pre.ent in the premiaell to
ensure that the illWllinat.1on desc:dbed al:love,
i8 lIlainta1ned at all times that any patron is
pre.ent in the praisee.
A person having a eluty under Sub-sections A throu9h
H of sub-s.ot101l 1 above comts an offen.. if the
person knowingly fails to fulfill that eluty.
Ii.
l!:nf~c.mAl'lt.
Any person violat1n; a prov1sicn of this Section,
upon conviction. 111 punishable by a ~in. not to
exoeed seven Aundre4 dollars ($700.00) and ninety
(90) day. in jail.
It 18 a defan.e to proeeoutien under this Section
that a person appearinq in Il state of nw:lity cl1l;l. 80
in a aodelinq cl... operated:
A. By a proprietary school licen.ed by the state
of Minneeota; Il college, junior college, or
university supported entirely or partly by
taxat.ion;
B. By a privat.e oolleqe or university which
_intains and operate. educational programs in
which cre4i~ are trllMferable to a ooll8ge,
junior college, or university lIIupported
entirely or partl.y by taxation; or
c. In a structure:
1. WhiOh has no lIiqn visible frOlll the
exterior of the structure and no other
advertisinq that indicates a nuda person
is awll/ll)le for viewinq; and
.. Where in order to participate in a clalls,
a student. suet enroll at least three (3)
days in advanc. Of the cla.s/ and
3. Wbere no more thlUl one (1) nude 1Il0del i.
on the premises at anyone t1...
In;un"tion. A person who operates or caulles to ):Ie
operated an acl.ult us }luBine.. without a valid
license or in violation of this Section is subject
166
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r'If'R-Zl-20I11l 1119: 13
CITY OF LIND LAKES
651 9822499 P.19/l9
to 4,lIUit for injunotion as well as pro..cution for
criminal violatIons.
(section 613 was added to the City Cod.e on Oct.ober
11, 1993, Ordinance No. 93-16)
167
TOTRL P,19
MEMO
DATE: March 30, 2001
TO : Planning and Zoning Committee
FROM: Jim March
RE : Ordinance #4 Amendments
............................................................................
There are several amendments that need to be made to Ordinance #4. The
amendments are in regards to the following items:
. Swimming pools
. Mini-storage
. Minimum and maximum residential setbacks
. Therapeutic massage
SwimmiW! oools
ISSUE
Presently, Ordinance #4 - Division 65: Accessorv Structures and Uses
states that "Combined aggregate square footage for accessory structures may
not exceed two hundred (200) square feet or two percent (2%) of the lot area
whichever is greater."
An above and in-ground pool would be considered accessory structures, if
they require building permits. The size requirement is very restrictive
especially for in-ground pools. We have received an inquiry in regards to an
in-ground pool and the stated accessory structure size maximums do not
make sense for this type of use.
RECOMMENDATION
I would recommend that in-ground pools either be made exempt or the size
limitations be increased to something similar to a maximum of 50% of the
rear yard.
Mini-Storal!e
ISSUE
Presently mini-storage is not an approved use in any zoning district within
the City.
RECOMMENDATION
I would recommend that mini-storage be allowed in the industrial zoning
district as an approved use with the issuance of a special use permit. The
special use pennit would contain the provisions that have been previously
discussed by the committee.
Minimum and Maximum Residential Setbacks
ISSUE
In the BeucWer Estates subdivision, a resident was upset that a homeowner
two lots away built a new home closer to the lake than what the other
homeowners had done. The Ordinance clearly states the minimum required
front yard, but does not state what the maximum amount is in this type of
situation.
RECOMMENDATION
I would recommend that the committee consider revising Division 120-
Yards to mention a minimum/maximum residential setback. In addition,
new development agreements could state that the setbacks be defined on the
grading plan by the designation ofthe building pad.
Therapeutic Massal!e
ISSUE
Recently, an inquiry was made in regards to the City requirements for
licensing a therapeutic massage studio. The City presently does not have a
way to regulate legitimate therapeutic massage studios.
RECOMMENDATION
I would recommend that the Planning and Zoning Commission consider
amending the Ordinance to allow this type of use in the commercial and
mixed-use districts. Included in your packet is some background
information on the requirements from some other communities.
.
Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regul
scheduled meeting on March 6, 2001, at 6:30 p. m.
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
MARCH 6, 2001
PRESENT:
Chair Person Brian Hanson
Commissioner David Kilian
Commissioner John McLean
Commissioner Ray DeVine
Commissioner Barry Brainard
ABSENT:
Commissioner Rob Sheppard
COUNCIL:
Liaison, Linda Broussard Vickers
STAFF:
I.
II.
III.
IV.
V.
a gave a status report on mini-storage facilities to date. Mr. March stated that
h; d spoken with Mr. Hoeft regarding same and he recommended that the City
c"sider allowing mini-storage facilities as a permitted use in the Industrial Park with the
requirement that a Special Use Permit be obtained. A Special Use Permit would allow
the City to control the parameters of use.
Mr. March stated that the developer was anticipating on constructing a wooden framed
building and that currently, "pole barn" type buildings are not allowed in the Industrial
Park.
Page I of8
"
March 6, 2001
Planning and Zoning Minutes
Mr. March submitted a draft amendment to Ordinance #4 that encompasses mini-storage
facilities.
Commissioner Kilian questioned whether the City could use the Special Use Permit to
limit the number of mini-storage facilities. Mr. March suggested that language regarding
footage requirements between the facilities rather than the Special Use Permit.
Commissioner Brainard questioned whether the Commission would be reviewing and
approving the Special Use Permit this evening. Mr. March stated there would need to be
a public hearing prior to approval of same. Mr. March also stated that the developer
would need to agree with the requirements set by the City prior to proceeding.
Mr. Sadelack requested that the Commission review the requirements that they intend on
imposing for mini-storage .facilities. Mr. Sadelack specifically questioned whether the
City would require the installation of a sprinkler system.
Commissioner Brainard stated that sprinkler system requirements are governed by the
State Fire Code and the City cannot deviate from them. Mr. Sadelack stated that a
sprinkler system would add additional cost to the project and he desired to find a way
around that requirement. Mr. March stated that the cities of Circle Pines and Lino Lakes
have adopted the more restrictive fire code, as well as Centerville. Mr. March stated that
the City could not grant a Variance in regards to the State Fire Code requirements. Mr.
Sadelack stated that he would research how other facilities in neighboring communities
got around this requirement. Commissioner Brainard stated that Mr. Sadelack needed to
consider the location, date of construction, and City or State requirements at the time of
construction and presently, when researching other facilities. Commissioner Brainard
also stated that fairly recently cities have adopted the more restrictive fire code. Mr.
Sadelack stated that one (1) facility in the City of Blaine does not have a sprinkler
system, but rather firewalls. Mr. Sadelack stated that if required to install a sprinkler
system in each building it may be cost prohibitive to construct same.
Council Liaison Broussard Vickers explained that each City adopts a State Fire Code;
some are more restrictive than others. The City of Centerville chose to adopt the more
restrictive version of same and if Mr. Sadelack desired to construct a facility within the
City, he needed to follow the City of Centerville's requirements and it did not matter
what has happened in other cities. Commissioner Brainard stated that Mr. Sadelack's
architect should contact Fire Chief, Bennett to ascertain the fire code requirements.
Commissioner Hanson stated that the consensus reached at the workshop was that mortar
pillars with wrought iron fencing in between each, one (1) access in and out with a
secondary egress outlet, secured access code gate, security cameras for the office and
exterior areas, and an on-site manager during regular business hours were to be required
for mini-storage facilities.
Mr. Sadelack stated that the "beauty" of the project, not incurring expenses associated
with hiring employees to watch the facility. Commissioner Brainard stated that the
requirements would provide a more appealing facility and ensure security with an on-site
manager. Mr. Sadelack stated that he may be able to be at the facility regularly or could
Page 2 of 8
,
March 6, 2001
Planning and Zoning Minutes
hire someone, but anticipated this to be a low maintenance business. Mr. Sadelack stated
that in his opinion, he is not selling something and does not feel the need to have an on
site manager. Mr. Sadelack stated he was unaware of another mini-storage facility other
than those with on-site caretakers and franchised mini-storage facilities that have an on-
site manager during business hours. He then noted he did not see the necessity for same.
Council Liaison Broussard Vickers questioned the type of construction requirements the
Commission would place on mini-storage facilities. Consensus was that the construction
would conform to the Industrial requirements for the business park. Council Liaison
Broussard Vickers stated that the City can not modify the requirements for individual
businesses. Council Liaison Broussard Vickers also stated the City recently modified the
requirements for buildings in the Industrial Park when re-writing Ordinance #4 and took
into consideration that it would increase the cost of construction, but the City desired to
require a specific type of structure.
Council Member Broussard Vickers questioned whether the City could require an on-site
manager. Commissioner j(ilian did not believe there was a necessity to provide same.
Commissioner Brainard stated that there has been problems with vandalism and
maintenance at other facilities and an on-site manage would deter vandalism and ensure
that the facility is maintained accordingly.
Commissioner DeVine questioned the type of fencing proposed by developer. Mr.
Sadelack stated that fencing is undetermined and understands the aesthetic concerns
expressed by the Commission.
Mr. Sadelack stated that the requirements the Commission outlined are ultimately
advantageous to him as it will force him to provide a better facility and people will use
the facility due to the enhanced safety features. Mr. Sadelack also stated that while the
requirements may be advantageous they are also a hindrance due to additional costs not
taken into consideration. Mr. Sadelack also stated that he was not planning on installing
a sprinkler system or concrete construction requirements that the Commission is
requlflng.
Commissioner DeVine stated that the valuation of the building must conform to the
average valuation per square foot of the surrounding buildings in the Industrial Park.
Council Liaison Broussard Vickers stated that if the Commission adheres to the
construction standard, there would be consistency. Council Liaison Broussard Vickers
also stated that Mr. Sadelack would need to meet the industrial building standards due to
the fact that he does not meet the standards for obtaining a Variance; and cost is not a
reason for granting a Variance. Council Member Broussard Vickers suggested that the
architect sketch plans that take into account current ordinances and Mr. Sadelack could
determine cost effectiveness.
Commissioner McLean questioned whether the architect had reviewed the industrial
building code requirements. Mr. Sadelack stated that he was unsure of same. Mr. March
stated that Mr. Sadelack had been presented with an entire copy of Ordinance #4.
Page 3 of8
<
March 6, 200 I
Planning and Zoning Minutes
Mr. March stated that there was a possibility that the City could allow mini-storage in a
Commercial Zoning District rather than in the Industrial Park; however, Mr. Hoeft
recommended allowing mini-storage as a Special Use in the Industrial Park.
Mr. Sager felt that the construction of the facility complying with the industrial
requirements was financially unobtainable.
Council Liaison Broussard Vickers questioned the allowable Commercial Uses and Mr.
March reviewed same.
Commissioner Brainard stated that he was uncomfortable with allowing mini-storage
facilities to be constructed on Commercial property.
Commissioner DeVine questioned the tax valuation of the proposed facility and Mr.
Sadelack stated approximately $600,000 to $800,000 excluding land. Mr. Sager
estimated the value to be approximately $1 million including land and the four (4)
proposed buildings. Mr. Sadelack stated that the value would be higher if a sprinkler
system was required. Council Liaison Broussard Vickers calculated the value of the
building to be approximately $20 per square foot.
Commissioner Brainard st~ted there is a metropolitan standard of average costs that can
be obtained from the League of Minnesota Cities but stated he believes $20 to be below
that average.
Commissioner Brainard that stated he believed pole barn construction was more prone to
damage caused by vandalism than a concrete structure would be. Council Liaison
Broussard Vickers stated fire is a major concern with pole barn construction.
Commissioner Brainard stated that he desired to remain with concrete construction inside
and out, and the use of heavy gauge garage doors. Commissioner Brainard felt that $20
per square foot was a very low valuation.
Chairperson Hanson stated it was the consensus of the Commission at the workshop to
require that mini-storage be allowed only in the Industrial Park and be required to be built
to the construction requirements of same. Consensus was that industrial construction
requirements would remain the same.
Mr. March recommended that the developer consider starting with two (2) buildings
instead of four (4), suggesting that may make construction of the facility feasible.
Chairperson Hanson stated that the office area would need to meet City, State and
Federal requirements.
The Commission requested that the developer inform them whether they were going to
proceed with construction of the facility considering the industrial requirements. It was
determined that a public hearing process would not be entered into until such time.
Page 4 of8
March 6, 2001
Planning and Zoning Minutes
Motion bv Commissioner DeVine. seconded bv Commissioner Kilian to recommend
to Council that when Ordinance #4 is amended. an additional amendment be made
to allow mini-stora!!e facilities in the Industrial Park with and additional
reQuirement that a Snecial Use Permit be obtained. All in favor. Motion carried
unanimouslv.
Mr. March suggested the developer contact Goetz Landscaping & Irrigation to ascertain
the contractor used for that building. Mr. March stated that using a contractor, who is
already in town, may save the developer money.
2. Ordinance #39 - Signage
Mr. March stated that if there were no additional modification to the Sign Ordinance, the
Commission would a public hearing at their next meeting.
Council Liaison Broussard Vickers questioned whether portable signs would be
..,. ,
grandfathered in under the.new ordinance. Consensus was to seek Mr. Hoeft's opinion
on this issue.
Motion bv Commission'h DeVIne. seconded bv Commissioner Kilian to accent the
modifications to Ordinance #39. Si!!na!!e as nresented and call for a Dublic hearin!!
at its next re!!ularlv scheduled meetin!!. All in favor. Motion carried unanimouslv.
,..
3. Eagle Pass Sketch Plan
Mr. Mike Quigley, Gor-Em Development, presented a sketch plan for Eagle Pass Second
(2nd) Addition.
Mr. March stated that the two (2) organized town home associations do not desire to
contain this development. Mr. March stated that Mr. Quigley has agreed to organize a
separate association for sallle.
Mr. March stated the City originally thought there would be twin homes built on this site;
however, recent sales of sirtgle- family homes make this a better product.
Council Member Broussard Vickers questioned whether the homeowners would be
assessed construction of the roadway due to the placement in the rear of their homes.
Mr. March stated that the organized town home associates do not desire to include
additional roads as private roads that they would have to improve in the future.
Mr. March noted there are new woodland preservation issues that would need to be
considered as the development proceeds.
Council Member Broussard Vickers suggested flipping the plan to take the road away
from the back yard of theJesidents. Mr. Quigley stated he would look into that option
before he came before the 'Commission again.
Page 5 of8
March 6, 2001
Planning and Zoning Minutes
Mr. March stated that the proposal would be before the Commission for a public hearing
at their April meeting.
4. Commission Member Training
Mr. March stated the Commission Member suggested additional trammg and Staff
contained same in their packet for review. Council Liaison Broussard Vickers stated that
Staff was researching the possibility of providing training at City Hall. Commissioner
Brainard suggested obtaining videos from the League of Minnesota Cities. Mr. March
stated that the City is considering signing up the Commission Members for an APA
membership that may be helpful in providing members with additional information.
Council Liaison Broussard Vickers questioned whether any member was interested in
attending the April 21, 2001 Beyond the Basics training in St. Paul.
Commissioner Brainard stated he likes to receive the League of Minnesota Cities
informational handouts.
Commissioners DeVine, Kilian, Chair Hanson and Council Liaison Broussard Vickers
stated they desired attending the April 21, 2001 training session and requested that Mr.
March register them accordingly.
Conmlissioner McLean requested that Mr. March obtain APA membership for all
members.
5. Liaisons
Commissioner DeVine stated he was in favor of having Council Member Broussard
Vickers remain as the liaison to the Planning and Zoning Commission noting he was not
against rotating liaisons in the future. Commissioner DeVine stated that he was
disappointed that Council came to the Planning and Zoning Commission meeting, spoke
their minds and left without ascertaining what the Planning and Zoning Commission
actually does. Council Liaison Broussard Vickers told the Commission that any time the
Commission desires to have the entire Council present at a meeting, to just ask.
Chairperson Hanson stated that he desired Council Member Broussard Vickers to be the
regular liaison, but was fine with rotating other Council Members in attempt to keep them
abreast of activities covered by the Plarming and Zoning Commission.
Mr. Wilharber, 6849 Centerville Road, stated that at the last Council Meeting, a Council
Member had stated that the previous council had set up liaisons to
committees/commissions due to a shortage of staff. Mr. Wilharber explained that the
former Council had set up liaisons to keep communication flowing noting it is easier for
someone who understands the aspects of planning and zoning to assist the Planning and
Zoning Commission at its meetings and keep Council informed of what is happening. He
then commented that the Council Member's statement was in error as the liaisons
arrangement was not instituted due to a lack of Staff as Council did not feel it was the job
of Staff to act as a liaison to committees.
Page 6 of8
March 6, 200 I
Planning and Zoning Minutes
Commissioner DeVine stated he was fme with the request of Council to have a member
present at Council meetings once a quarter.
Commissioner Hanson thanked Council Member Broussard Vickers for coming to the
meetings noting that it empowers the Commission to have her there to inform residents
that the Council will be looking at the situation under the same parameters.
Council Liaison Broussard Vickers told the Commission that Council had asked her to
make them aware that when she advises them or comments at the meetings; it is on her
own behalf and her own opinions, not the opinion of the entire Council.
Consensus was to request that Council continue to allow Council Member Broussard
Vickers to be the liaison to the Commission.
Commissioner Kilian requested that members receive the Council agenda to determine if
attendance is desired or needed. Mr. March concurred.
6. Acceptance ofMr: LaMotte's resignation
Motion by Commissioner DeVine, seconded by Commissioner Brainard to accept
the resil!:nation of Mr. LaMotte. All in favor. Motion carried unanimously.
VI. DISCUSSION ITEMS
Mr. March noted Council is discussing and reviewing design concepts, criteria and
interviewing landscape architecture firms for building designs in the downtown area.
Stated that the developer who was previously interested in constructing a grocery store in
town is no longer interested due to the construction of a Super Target, Cub Foods and
another big grocery store chain in the City of Lino Lakes. Mr. March stated that a
hoteVrestaurant combination rumor had been heard around town.
Commissioner Kilian stated that when Goetz Landscaping & Irrigation appeared before
both the Commission and Council, they stated that they had no intent on selling fresh, cut
flowers and they currently are. Commissioner Kilian also stated that he had spoken with
the owner of Centerville Floral who stated that competition is cutting into her business.
Commissioner Kilian questioned if a business could be held accountable for what was
previously brought before both the Commission and Council versus what actually has
taken place. Council Liaison Broussard Vickers stated that, unfortunately, there is no
way to regulate the businesses to that extent. Council Liaison Broussard Vickers stated
that it is unfortunate that as the City grows, competition increases and cuts into smaller
businesses profits.
Mr. March stated he told Mr. Vanderbeek that there would be a pizza restaurant opening
a business in the new strip mall, in order to give him time to consider how he will handle
the competition.
Page 7 of8
March 6, 200 I
Planning and Zoning Minutes
VII. CONSIDERATION OF MINUTES
I. February 6, 2001 Meeting Minutes
Chairperson Hanson requested the following changes: On the first page switch Hanson
and LaMotte around as LaMotte is incorrectly referred to as the Chair. On Page 5 of 10
second paragraph, third line, change the word "same" to "some".
Motion bv Commissioner DeVine. seconded bv Commissioner Brainard to approve
the February 6. 2001 Meetine: Minutes as amended. All in favor. Motion carried
unanimously.
2. February 13,2001 Workshop Meeting Minutes
Chairperson Hanson noted there was not a closing time on the minutes.
Motion bv Commissioner DeVine. seconded bv Commissioner McLean to approve
the February 13. 2001 Workshop Meetine: Minutes as presented. Aves - 4 Navs - 0
Abstain - 1 (Kilian). Motion carried.
Commissioner Brainard requested that the packets be three-hole punched allowing
placement in their three-ring binders. Mr. March concurred.
Commissioner Brainerd also requested that it be noted on the agenda what the action
items are for each new business item so the Commission is aware of what is being asked
of it.
Chairperson Hanson questioned whether individuals have the ability to access ordinances
from the City's website. Mr. March stated this item may be addressed by the Ad Hoc
Communications group.
VIII. ADJOURNMENT
Motion bv Commissioner DeVine. seconded bv Commissioner Kilian to adiourn the
March 6. 2001 Plannine: Commission Meetinl: at 8:28 p.m. All in favor. Motion
carried unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Proofed by:
Teresa Bender, Clerk/Treasurer
Page 8 of8
.-
.
NOT
APPROVED
CITY OF CENTERVILLE
CITY COUNCIL MEETING
MARCH 14, 2001
6:30 p.m.
Pursuant to due call and notice thereof: the City of Centerville held their regularly scheduled
meeting on March 14, 200 I, at City Hall, 1880 Main Street.
PRESENT: Mayor Tim Swedberg
Council Member Dick Travis
Council Member Mary Capra
Council Member Marl Nelson
ABSENT: Council Member Linda Broussard Vickers.
STAFF: City Administrator, Jim March
City Engineer, Tom Peterson
City Attorney, Jim Hoeft
I. CALL TO ORDER
Mayor Swedberg called the March 14,2001, City Council meeting to order at 6;32 p.m.
II. SET AGENDA
Mr. March requested a complaint received concerning County Road 14 be added under
Petitions and Complaints.
Motion bv Council Member Nelson. seconded bv Council Member Capra to
approve the al!enda with the requested addition. AU in favor. Motion carried
unanimously.
III. PUBLIC HEARlNG(S)
None.
IV. APPEARANCES/AVVARDS
None.
Page 1 of 15
.~
.
V. CONSIDERATION OF MINUTES
Council Member Capra requested the following change: On Page 9, Section 12 in the
third paragraph down add ''too much" to the sentence. She then asked Staff to add
discussion of Committee stipends to a future agenda.
Council Member Travis requested the following change: On Page 10, in the second
sentence insert the word "council" before liaison.
Mr. March requested the reference on Page 12 to the house being built off the building
pad be changed to the "building."
Mayor Swedberg requested the following change: On Page 1 0, in the first sentence strike
the words "he had heard at that meeting" and leave there was a need to know more about
the laws and ordinances. Also strike "he desired to make sure" and add ''it is important".
Mr. March requested the following change: On Page 12 clarifY that Staff speaks to the
City Attorney approximately once per week not a total of one day per week.
Motion bv Council Member Nelson. seconded bv Council Member Capra to
approve the February 28. 2001 Council Minutes as amended. AU in favor. Motion
carried unanimouslv.
VI. PETITIONS AND COMPLAINTS
1. Mr. Wayne Blake. 1275 Mound Trail
Mr. Blake addressed Council and explained that he bought a lot on Mound Trail that is on
the lake and was purchased about a year prior to building on it. He explained he and his
wife had reviewed the approved site plan for the development, and were under the
impression that all of the homes wonld be built on the building pad as shown on the site
plan.
Mr. Blake explained that when he and his wife decided to build on the lot they decided it
wonld be nice to be closer to the lake. When they contacted the City they were told that a
Variance wonld be required if they intended to seek pennission to build off the building
pad as designated by the site plan. Mr. Blake explained rather than going through the
City, he contacted Mr. Buechler to request permission to build off the building pad. Mr.
Blake explained that Mr. Buechler threatened to involve an attorney if the Blakes
attempted to build off the building pad. Seeing that type of resistance he and his wife
decided to build on the building pad.
A year later, Mr. Buechler staked out a home he is building for himself and it is not on
the building pad. Mr. Blake explained he contacted Mr. Cook at the City who told him
not to worry because if Mr. Buechler wanted to build off the pad then he wonld also need
to request a Variance. That wonld require neighboring property owners to be notified. A
Page 2 of 15
fuw days went by and the hole for the foundation was dug. Mr. Blake then questioned
how it is possible that Mr. Buechler got approval to build off the building pad when he
and his wire were told it would require City Council and neighbor approval to do so. He
then voiced concern that proper procedures were not followed.
Mayor Swedberg explained the City contracts a law firm and that when the primary City
Attorney is not available, another attorney will step in to act on behalf of the City.
Mr. March explained Mr. Buechler had dropped off pictures earlier today at City Hall but
stated he was not sure what those pictures represented. Mr. March then explained what
had happened that allowed the building permit to be issued. Mr. Buechler came to City
Hall requesting the building permit. Mr. March told him a Variance would be required to
build off the building pad and explained the Variance procedure to Mr. Buechler. Mr.
Buechler then told Mr. March he was going to contact his attorney to discuss the matter.
Mr. March then detennined it would be appropriate to contact the City Attorney for his
opinion on the matter. Mr. March contacted the City Attorney's office and explained the
situation. He received an oral opinion which explained the building permit cannot be
held as Mr. Buechler is entitled to build anywhere on the property provided he meets the
City's setback requirements. Mr. March requested that opinion in writing and that is
included in Council packets for review.
Mr. March then stated he feels badly that the Blakes were given misinformation that
caused them not to pursue building off the building pad but explained he only learned of
this because Mr. Buechler had pushed the issue and the City needed to seek a legal
opinion on the matter. He then explained that the building pad means nothing other than
the soil has been corrected in that designated area ensuring anyone who purchases the lot
that the lot is buildable.
Mr. March stated he fult the City needed to tighten up restrictions for where the houses
are to be built by putting it in writing in the developer's agreement in order to have more
control over the development.
City Attorney Hoeft confirmed that the building pads are constnlcted to add value and
marketability to the lot, noting if they were not there the person buying the lot would
have to do testing and soil correction which costs money.
Mr. Blake questioned why Mr. March had to go to the City Attorney's office to make
sure it was okay to issue the building pennit if Mr. March has the authority to issue
building permits. He stated he felt he was getting a lot oflegal mumbo jumbo as an
explanation as to why they were given information that led them to believe they were not
able to build off the building pad. He then stated he relied on the information provided to
him by the City.
Mayor Swedberg explained that the day-to-day business of the City requires that City
employees call the City Attorney for advice. Noting that at any time there seems to be a
question as to what is appropriate for Staff to contact the City Attorney for verification.
Page 3 of15
Mr. Blake asked why they were not offered the same courtesy.
Mayor Swedberg explained that any kind of Variance goes before the Planning and
Zoning Commission noting that neighbors can protest, but the City does not rule on the
Variance request based on neighborhood opinion. The opinion is heard and considered,
and ifthere is valid reason to grant a variance it is approved. He then stated if the Blakes
had taken their request one step further they would have gotten different answers.
Mr. Blake stated he spoke to the City Inspector and got the same answer, that a Variance
would be required.
Mrs. Blake noted she had read through Ordinance #4 and stated it seemed to her that
building off the building pad was an amendment to the plan, which is something that
reqnired Councils approval
City Attorney Hoeft explained that going off the building pad is not an amendment or a
change, and that Council approval is not reqnired.
Mrs. Blake then read the responsibilities of the Building Inspector noting she felt Council
could prohibit Mr. Buechler from building the house as he is.
City Attorney Hoeft explained there is no violation existing that would warrant the
Building Inspector or Council taking action. City Attorney Hoeft further explained the
bllilrling pads are not significant with regard to the approved drainage plan. They are
there to improve marketability and, as such, they are shown on the plan but are not part of
the approved grading plan.
Mrs. Blake asked why she was told she would need a Variance.
City Attorney Hoeft stated that in any real estate transaction there are obligations on
behalf of the seller and the buyer that require due diligence to investigate the situation if
there is a question as to what City Code allows them to do with the property. In this case
the Blakes relied on information from the building inspector as to what they could or
could not do. Assuming, for the sake of argument, the information from the building
inspector was incorrect that would not create any liability on the part of the City. Mr.
Hoeft went on to explain that the Legislature has determined that City employees do not
control the legal document that contains the City's Codes and, if there is a discrepancy
between what a resident is told and what exists in the City Code, the Code governs. It is
part of the due diligence process to determine if the advice given is in accordance with
City Code.
Mr. Hoeft further stated if the Blakes received wrong information from the Building
Inspector that that infurmation does not bind the City legally. He explained the reason
the Legislature has upheld that immunity is because if it did not exist and employees
could be held responsible then it would be costly to cities. That cost is something the
Page 4 of 15
Legislature did not want to be born by taxpayers. Mr. Hoeft then explained that if the
Blakes were given wrong infurmation, it was a mistake that was made, and that mistake
was corrected when Mr. BuecWer brought the matter to the City's attention.
Mr. Blake clarified that he and his wife are not looking for restitution. He then stated he
relied on information received from City officials that if anyone else would be building
off the pads that they, as neighboring property owners, would be informed. He stated he
feels they were not treated decently. He also stated that they are the general public and
not attorneys, who thought that information received from the City could be comfortably
relied upon.
Council Member Capra commented she had met with the Blakes and understands their
concerns with regard to varying from the approved plan. She stated she understands the
importance ofthe line of sight with lake front property. She stated she feels City
employees did what they feh was appropriate at the time, and that it is unfurtunate that
the information the Blakes relied upon was incorrect. She then offered her apologies to
them for the way the situation was handled.
Council Member Travis suggested the City should do some research as he believes in
most communities there is a minimum and a maximum setback requirement.
Mrs. Blake stated she does not want restitution but wants a consistent plan that will be
followed for all residents. She then stated she felt they were treated unfuirly and she
hopes there is a way to correct the problem from this point furward.
Council Member Nelson apologized for the way the Blakes were treated. She stated it is
important to her that all residents are treated fairly and she thinks Staff does that. She
stated it is unfortunate that the information Staff relied upon when advising the Blakes
was incorrect. She agreed with Council Member Travis that the City needs to look at
amending the ordinance with minimum and maximum setback requirements.
Mrs. Blake thanked Council fur its time.
VU. UNFINISHED BUSINESS
None.
VIII. NEW BUSINESS
I. Eagle Pass Sketch Plan.
Mike Quigley representing Gor-em Development addressed Council and showed the
sketch plan for Eagle Pass. He explained Council Member Broussard Vickers had asked
at the Planning and Zoning Commission meeting that something be done to screen the
road that went through the back yards of the existing homes. He pointed out how the
street was redesigned to screen it from the backyards with different types of plantings.
Page S of IS
Mayor Swedberg asked several clarifying questions of the Developer. He then asked Mr.
March if there was a designated time fur developing the Outlot. Mr. March explained the
outlots were left large enough to be buih on in the future but there was nothing specific in
the first plan.
Council Member Nelson noted the buildings on Lots 11-18 looked smaller than the other
homes. The Developer explained they are smaller as they are single detached townhomes
rather than twin homes.
Council Member Travis asked when the Developer would be starting construction.
City Attorney Hoeft noted construction is subject to various approvals, and that Council
will have the opportunity to further review this matter before final approval.
Mayor Swedberg noted there is concern fur development impacting the school district.
Mr. March noted any City concerns would be addressed through the plat approval
process. He then explained he heard today there was concern from the Chauncy Barrot
Gardens residents that a lot of people are nsing a path from the back door of the senior
honsing to access Ojibway Drive, noting there may need to be a traiI connecting the two.
Mr. Drewlo expressed concern that there is no trail-way, which means he has to trespass
to go for a walk. He then thanked the Developer for the hours of wildlife viewing they
have gotten from the Outlot.
Mr. Jim Juhl, President of Eagle Pass Single Townhome Association addressed Council
and noted the main concern for the Association is that they can only add seven (7) more
units to their Association according to the bylaws. He then stated his Association would
appreciate it if the new buildings had a new Association created for them. He outlined
various civil issues the Association has with the builder.
Mr. Juhl noted the park on Dupre Road has never been finished, and the short concrete
pad is acting as a magnet for teenage kids to gather, smoke and talk smart. He asked that
something be done to curb that. He then stated he would like to see more streetlights in
the new development, and possibly some added to his current development.
Mr. Juhl told the Developer he had information that led him to believe the Outlots are
deeded into his Association. The Developer noted he would research that issue and
thanked Mr. Juhl for the information.
Council Member Capra asked if the bylaws of the Association could be amended to
include more homes. Mr. Juhl explained he believed they could be amended but a
request for an amendment would need to go through the State. He understands it is a
costly procedure.
Page 6 of 15
Council Member Travis asked why the Association did not want more homes in the
Association. Mr. Juhl explained the reason is mainly because the roads are private roads
that must be maintained, and that is a big expense for the Association.
Mr. March noted this sketch plan would go through the preliminary plat process as if it
were a bare piece ofland being subdivided.
City Attorney Hoeft noted that either Swift or Gor-em Developers would be submitting
townhome documentation for him to review.
Mr. Quigley clarified that the intent of the Developer was for the homes built on the
outlot to have their own Association. Mr. Quigley further clarified the park pad was
intended to be a full size tennis court, but the Developer was caught with an asphah plant
shut down. He also noted that ifresidents want more lighting in the development, it is an
issue to be resolved with the City and Xcel Energy.
Mayor Swedberg asked Mr. March if residents could request more streetlights from the
City. Mr. March explained street lighting could be assessed to those who receive the
benefit.
Ms. Tracy Hallstrom asked the Developer if Swift would be the builder and, if so, if the
structures would be the same as the existing structures. The Developer stated Swift
would be the builder and the structures would be the same.
Council took a five-minute break at 7:50 p.m.
2. Kellv's Komer Drainage.
Mr. Bill Bisek (7098 Centerville Road) explained to Council there is a drainage issue in
the downtown area that is negatively impacting his business. He further explained the
issue dated back to sometime in the 1940's or 1950's. He would like Council to step in
and resolve the issue.
Council Member Capra questioned whether the drainage issue was a public or private
drainage issue. She then asked where the storm water from the downtown area flows.
Mr. Palzer explained the storm water from the downtown area flows into lines that flow
into the lake. He further explained that none of that water is being treated and
commented there may be a need for a retention pond.
Mr. Bisek explained the drain installed on the property next to his is not working properly
right now. He would like to have it looked at to see if it is plugged, crushed or broken.
Then, possibly set up an ahernative plan to pump the water out to main street so it is not
causing problems for the businesses in the area. Mr. Palzer stated it is possible that the
line is frozen which is why it is not draining.
Page 7 ofl5
Mr. Bisek stated he feels there is City water that flows in to contribute to the problem.
Because of this, he feels the City should help him with the issue. He further stated he is
willing to sign an agreement to authorize the City to fix the drain if need be.
Mayor Swedberg told Mr. Bisek that Staff would look into the issue and get back to him.
City Attorney Hoeft mentioned he had spoken to Mr. Palzer and Mr. March who had
given him information that indicated a private drainage line put in a number of years ago.
This line illegally tapped into the City sewer is causing the problem. He then stated he
did not feel it was advisable for the City to take over the maintenance ofthat drain
without receiving easements over the various properties involved. He stated if there is
water coming from a larger area, thereroight be a need to put in a properly sized pipe and
make sure the engineering is correct to ensure proper drainage. He further stated there
might be a need for an area wide assessment to the benefiting properties rather than just
the two property owners currently having the issue, in order to fund the improvement to
the drainage.
Mr. March asked if the property owners were interested in having the costs assessed to
them if it would be possible to obtain a waiver to clean the line now, and assess those
costs as part of the costs to improve the drainage.
City Attorney Hoeft explained the cost to clean the line could not be assessed to the
property at a later date. He explained the City would need to get permission from all
owners of property that the City would need to step on to take a look at the drain. He
further explained that as a temporary matter, to clean out the line, the City would have to
reach an agreement with the property owner(s) as to the cost and whom will pay for it.
Mr. Bisek stated the drain is on his neighbor's property. He also stated he did not want to
fight with his neighbors on this issue. He then granted the City permission to access his
property if need be.
Mr. March noted the City had jetted out and televised some lines within the City and
asked Mr. Palzer the approximate cost to jet and televise ISO feet of line. Mr. Palzer
indicated that to televise would cost approximately $200.00 and to steam it would be
between $150.00 and $200.00. He also noted if the pipe is broken he is unsure how much
it would cost to fix it.
Mr. Bisek noted that in years past, they would use whatever they needed to as a tool to
free up the drain and get it flowing. However, the last couple of years they have not been
able to free it up enough to drain properly. With the amount of snowfall this winter
drainage will be a larger issue than it has been in years past.
Mr. March asked if Mr. Bisek would discuss with his neighbors the possibility of the City
charging them to clean or repair the drain. He also asked Mr. Bisek to discuss the option
of petitioning the City to put in a larger line to correct the problem for the future.
Page 8 ofl5
Mr. Bisek stated he would discuss splitting costs with his neighbors to eliminate the
immediate problem He then stated he fuels there is some City responsibility to solve the
problem for the future.
Mayor Swedberg stated the drainage is a long standing issue that Council is unsure how
to solve at this point. He asked Staff to research the matter and present possible solutions
to the problem He then told Mr. Bisek he may need to solve the problem on his own for
this spring as the issue will take time to resolve.
Mr. Bisek stated he could solve the problem by pumping water out ofhis lot into the
street. That would then cause a drainage problem for someone else. He then stated that
would not be a solution to the problem and he feels the City should help him solve the
problem
'I
I
I
Mayor Swedberg stated the City could not immediately solve the problem and stated Mr.
Bisek could.
Council Member Travis asked Mr. Bisek how he wished the City to solve the drainage
problem.
Mr. Bisek stated City Staff could jet the line from Progress Street and televise the pipe to
look into what the problem is.
City Attorney Hoeft stated the City does not have a practice of jetting private drainage
lines and cautioned against doing so.
Mr. Bisek asked Council what he should do to solve the drainage issue, noting he came to
Council to make them aware of the problem and instead fuels he is getting a line oflega!
mumbo jumbo.
Mayor Swedberg stated Council was not prepared to solve a forty-year problem this
evening and told Mr. Bisek Staff would research the matter and contact him
Council Member Nelson stated she would like to have a workshop to discuss City
infrastructure issues to get a head of these types of issues for the future.
Mr. Bisek noted all the drains from the downtown area drain into the lake and nobody at
the City knows about it.
Mr. March noted he understands why the City does not want to set a precedence for
jetting private drainage lines, but questioned what type of liability or obligation the City
has for drainage coming from City property.
City Attorney Hoeft stated the City would not have responsibility for drainage coming
from City property. He then stated the only thing that is known for certain is there is a
private drainage system on private property that the property owner needs to deal with.
Page 9 ofl5
3. Fete des Lacs 2001 Budget Process
Mr. Ray DeVine, Chairperson of the Fete des Lacs Committee, appeared before Council
to ask if Council had any questions on the budget information he had provided in the
Council packets.
Mayor Swedberg asked for a one page summary sheet with a table comparing actual
amount, budget amount, the difference between the budget and actual amounts, and a
column for the 2001 budget amount.
Mr. DeVine explained the Festival has up front expenditures that will need to be paid for
by the City in an amount that is slightly greater than the monies that will be made during
the Festival and refunded to the City.
Council Member Nelson thanked Mr. DeVine for the detailed report but agreed the one
page summary sheet would be helpful.
Council Member Nelson noted there was not much record keeping last year and asked
that there be better records kept this year.
Mayor Swedberg noted he was not in favor of charging for parking at the Festival.
Mr. DeVine explained the Festival Committee is considering charging for parking based
on a recommendation from the Minnesota Recreation Association.
Mr. DeVine told Council he would provide the requested summary page to Council at the
next Council meeting.
4. Resolution #01-006 - Laurie LaMotte Memorial Park Im~rovements Grant
Application.
Mr. March noted there was not a dollar amount in the resolution and indicated Staff
intended to submit the playground equipment in an amount not to exceed $50,000 and a
concession/shelter building.
Council Member Nelson questioned whether the City's portion of the matching grant is
included in the Parks and Recreation budget. Mr. March noted it has not been clearly
stated where the matching funds would come from, stating if the grant is approved it
would be before Council to discuss.
Mayor Swedberg asked when the City would know if it received the grant. Mr. March
stated it would be mid to late summer.
Page 10 ofl5
Motion by Council Member Nelson. seconded by Council Member Capra to
approve Resolution #01-006. Laurie LaMotte Memorial Park Improvements Grant
Application. All in favor. Motion carried unanimously.
5. Resolution #01-007 - Pheasant Marsh.
Mr. March explained Ground Development has requested the City finance its proposed
development through the 429 Process, and this Resolution is a Resolution to declare the
adequacy of the petition, and authorize the preparation of a feasibility study.
City Attorney Hoeft noted he would be preparing a draft of the Developer's Agreement
for review.
Motion by Council Member Capra. seconded by Council Member Travis to approve
Resolution 01-007 as presented. All in favor. Motion carried unanimouslv.
6. Residential Street Crack Fillin".
Mr. Palzer explained he had received five (5) quotes for crack filling, noting the City is
on a program where it requests quotes for a three (3) year period to hedge off costs in the
future. The bids are based on 15,000 teet of crack filling. He then recommended
Council accept the bid from Allied Blacktop Company for 39 cents per lineal foot, for the
next three (3) years.
Mayor Swedberg questioned how the blacktop companies could afford to keep the prices
consistent for three (3) years based on the fluctuation in petroleum prices. Mr. March
noted it is surprising they are able to quote a price for a three (3) year period but stated it
appeared to be a good deal for the City.
Motion by Council Member Nelson. seconded by Council Member Travis to accept
the bid of Allied Blacktop Company for years 2001-2003 for 15.000 feet of crack
611in!!: at 39 cents per lineal foot. All in favor. Motion carried unanimouslv.
7. Additional Office Uplrrade (StoragelPacket Preparation Area - Unit).
Mr. March noted Staff is in need of more storage and work surfuce for packet
preparation. He then noted Staff is requesting approval to purchase off the rack
residential cabinets with a countertop that public works will stain and varnish. Staff
anticipates these cabinets should cost approximately $600.00.
Motion by Council Member Nelson. seconded by Council Member Capra to
approve Staff's reQuest for cabiuets and countertops in an amount not to exceed
$600.00. All in favor. Motion carried unanimouslv.
Page II of15
8. Authorization to Advertise for Full-Time Recentionist.
Mr. March stated he was pleased to report that Ms. Sweeney is picking up the
bookkeeping quickly and he would like authorization to recruit for an entry-level
receptionist.
Mayor Swedberg noted that Council Member Broussard Vickers had voiced a concern
that future City employees have more computer knowledge and then suggested this
matter be tabled to the next meeting to allow for Council Member Broussard Vicker's
input.
Motion bv Council Member Nelson. seconded bv Council Member Capra to table
this matter to the next Council meeting. All in favor. Motion carried unanimouslv.
Mr. March noted Staff might not be able to keep up with things the way they would like
to because they are short staffed. He then noted there were some things that were not
kept up with, the previous way the accounting was being done.
9. Flammable Waste Traps.
Mr. PaIzer explained to Council that a flammable waste trap is a trap that catches salt,
sand and flammables such as gas and oil, and only allows the water to flow into the City
sewer. He explained the new public works building does not have a flammable waste
trap and is not connected to City sewer. He recently was made aware that the waste from
the public works building flows directly into the creek without being treated. He then
explained it would cost approximately $35,000 to run City sewer and water and to add
the flammable waste traps.
Council Member Capra asked if the money could come out of sewer and water funds.
Mayor Swedberg asked if the previous owner had any liability to help pay to remedy the
situation.
City Attorney Hoeft stated he would need to investigate the issue but noted he felt it
would be more cost beneficial for the City to fix the problem rather than to try to get the
previous owner to share in the costs to do so.
Council Member Nelson questioned whether a portion of the improvements could be
made or whether the entire expenditure was necessary. Mr. PaIzer noted the City would
save $11,000 of the estimate if it did not run City water to the site.
City Attorney Hoeft stated the City needed to get the problem fixed sooner rather than
later, noting if the City keeps moving forward toward resolution of the matter it should be
fine.
Page 12 of 15
L
Council Member Travis suggested it may be possible to tie the public works fucility into
the upcoming Pheasant Marsh utilities.
City Attorney Hoeft stated it would be fine to wait for two months to tie the project into
the Pheasant Marsh project.
Motion bv Council Member Travis. seconded bv Council Member Nelson to table
this matter for more information. AU in favor. Motion carried unanimouslv.
10. Parks and Recreation Recommendations.
Mr. March reviewed with Council a Memo from Jill Lien concerning Park and
Recreation Recommendations. He further explained there were approximately ten (10)
people at the public hearing on Laurie LaMotte Park and there was no opposition to
lighting the fields.
Council Member Capra asked what the price difference was between lighting one field
versus lighting all three. Mr. March noted if the City intended to light the other fields in
the future it would save money to install enough power now to the main hub to do so.
Motion bv Council Member Nelson. seconded bv Council Member Capra to
authorize a reauest for bids for mnnine: 600 amp electrical service at Laurie
LaMotte Memorial Park. per the specifications provided by the City Ene:ineer. All
in favor. Motion carried unanimouslY.
IX. CONSENT AGENDA
1. The City of CenterviIle March 1, through March 14, 2001 Expenditures
2. Centennial Fire District Expenditures
3. Fete des Lacs Committee's recommendation fur appointment of Ms. Patricia Scott
4. Successful completion of year 4 (Account Clerk/Receptionist, Jill Lien)
Recommended Step Increase from Step 4 to Step 5
5. St. Genevieve's TelllpQrary Gambling Permit Requests
Mayor Swedberg requested the City Expenditures be pulled from the Consent Agenda for
discussion.
Motion by Council Member Nelson. seconded by Council Member Capra to
approve the Consent Ae:enda for Items 2. 3. 4. and 5 as presented. All in favor.
Motion carried unanimously.
Mayor Swedberg noted the year to date figures do not add up on the City Expenditures
information and asked that Mr. March review them.
Motion by Mayor Swedbere:. seconded by Council Member Nelson to approve
Consent Ae:enda Item 1. All in favor. Motion carried unanimouslv.
Page 13 u[ 15
x. COMMITTEE REPORTS
None.
XI. ADMINISTRATOR'S REPORT
Mr. March gave several handouts to Council. He then noted he had become aware of an
organization called the Minnesota Association of Government Communicators that
sounded interesting so he gave information on the group to the Ad Hoc Committee for
communications.
Mr. March reported he has been gathering information for the Comprehensive Plan
Amendment for Pheasant Marsh and has discovered the Comprehensive Plan is severely
out of date. In light ofthat fact, he noted he had spoken to Mr. Johnson and was told it
would not be very expensive to have all the changes done at the same time.
Council Member Capra asked if a Surface Water Management Plan is in the
Comprehensive Plan.
Mr. March went on to explain there are new requirements for the Comprehensive Plan
and one of those is a Surface Water Management Plan.
Mr. March reported it would be easier for City Staff if the City had access to the GIS
system for mapping. He noted he had checked into it and the system can be obtained for
$250.00 per year. He then noted the GIS system would be helpful in drafting the
Comprehensive Plan Amendments as well as when noticing residents for Public
Hearings.
Mr. March suggested scheduling a work session to interview design firms sometime in
April.
Mayor Swedberg stated he would like the work session to be scheduled before the middle
of April.
Council Member Capra asked Staff to get a proposal from the firm that did a plan for the
City of Vadnais Heights.
Council Member Nelson stated she would like to get a bid from the fifth firm and narrow
it down to three firms to interview.
Mayor Swedberg stated he would like to hear from all five firms.
Mr. March noted he had copied and handed out an article from the Hugonian and asked
Council to read it as it seemed timely in light of recent events.
Page 14 of 15
Mayor Swedberg thanked Mr. Hoeft for the fine letter he recently provided to him.
XU. ADJOURNMENT
Motion bv Mavor Swedbel1!:. seconded bv Council Member Nelson to adjourn the
March 14.2001 City Council Meetin2 at 9:38 P.m. All in favor. Motion carried
unanimouslv.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 15 of 15
"
I.
II.
CITY OF CENTERVILLE
FETE DES LAC FESTIVAL COMMITTEE MEETING
MARCH 5, 2001
6:30 p.m.
Pursuant to -due call and notice thereof, the City of Centerville held a special meet' on c
5, 2001, at City Hall, 1880 Main Street.
PRESENT: Chair Ray DeVine
Committee Member Kathy Peil
Committee Member John Thill
Committee Member Karla DeVine
Committee Member Terry Sweeney
Committee Member Monica Travis
o
ABSENT:
STAFF: City Administrator, r
OTHERS: Ms. Lisa Ki elhorst
Mr. Tom ber
Ms. Patric' cott
III.
s Lacs Committee meeting to order at
e m requested that a modification be made Page 1, III. Consideration of
It #1 be modified to read January 15,2001.
Committee Member Peil seconded b Chair DeVine to a rove the
nua 15 2001 Fete des Lacs Committee meetin minutes with the above stated
corrections. Committee Member DeVine abstained. Motion carried.
2. February 21, 2001 Meeting Minutes
Motion bv Chair DeVine, seconded bv Committee Member Peil to approve the
Februarv 21, 2001 Fete des Lacs Committee meetine: minutes as presented. All in
favor. Motion carried unanimouslv.
<.
March 5, 2001
Fete des Lacs Festival Committee Meeting Minutes
IV. SUB-COMMITTTE REPORTS
1. Band
Committee Member Peil presented a budget and reviewed same. Committee Member
Peil stated that the Committee had made a $600 deposit and signed contract with Jimmy
Allen Promotions for the "Originals" to play on Saturday evening. Committee Member
Peil also stated that the remaining balance for same is $2,150, due upon performance.
2. Beach Party
Committee Member Peil stated that the Beach Party would take place under the tent with
a budgeted amount of$100 for decorations. Committee Member Peil also stated that tent
rental, stage steps and skirt, chairs and tables were all based on last years figures, noting
that an increase or decrease may be needed. Committee Member Peil stated the amount
for each item as follows: Tent - $1,350, stage steps and skirt - $580, Chairs - $213 and
Tables - $170. The Chair requested that Committee Member Peil research the
expenditure for purcQasing a tent of similar size of that used in the past. Committee
Member Peil questioned the possibility of including same in the presented budget or
purchasing same next year dependent upon revenue. Committee Member Peil stated that
the rental figures were obtained from A&A Rental, the same firm that was used
previously.
3. Parking
Committee Member Peil stated that there was no additional information regarding Mr.
Cardinal's request of $350 for the use of the property, based on last years figure.
Committee Member Peil stated that it was anticipated that a better fee could be obtained
this year, with the possibility of receiving a donation from the property owner, upon the
completion of the growing season.
4. Permits
Committee Member Peil stated that Mr. March would be able to elaborate on this item.
Chair DeVine questioned the items that should be focused on at this point. Mr. March
stated that these items could be completed early to ease the Committee's schedule as the
event nears. Chair DeVine requested that Mr. March report on the permits that are
needed. Mr. March stated that the following permits would be needed: Noise pennit
from the City, Centerville Lion's would need a temporary, 3.2 liquor license (beer
permit) and gambling permit. Mr. March stated that generally, the Lion's permit fee is
waived. Chair DeVine requested direction on the process for the Noise permit. Mr.
March stated that a letter needed to be forwarded to Council indicating the event date and
time, along with what events will be and hours of the dance. Chair DeVine questioned
whether the fireworks would also need a permit. Mr. March stated that the permits
associated with the fireworks would need to be obtained from Fire Chief, Milo Bennett.
Mr. March stated that he has discussed this item with him previously and there will be no
fee associated with same.
"
March 5, 2001
Fete des Lacs Festival Committee Meeting Minutes
5. RHffle
Committee Member Peil stated that the raille items and the tickets for same will also be
donated, so there would be no cost.
6. Fund Raising
Committee Member Pei! stated that the budgeted amount of $100 was for postage,
letterhead and copies, etc.
Volunteers Needed; Committee Member Peil stated that the grand total for the
aforementioned items was $5,013. Committee Member Pei! explained that last year a
wristband determined if individuals were of legal drinking age. Committee Member Pei!
stated that banding should be done at the entrance of the carnival rather than at the beer
wagon or dance. Set-up would require four (4) individuals for two (2) hours, which
would include chairs, tables and decorations, Committee Member Pei! stated that Chair
DeVine would take care of this item The Centerville Lion's would be taking care of the
raille and selling tickets.
Sub-Committee Update: Committee Member Peil stated that she, Committee Member
Travis and Chair DeVine met that afternoon and discussed the fund raising letter.
Several ideas were achieved and a sample would be presented at the next meeting for
consideration. Chair De Vine stated that the sub-committee is considering and requesting
input in compiling a master list of all the individuals that are involved in the festival in
any shape or form. Chair DeVine stated that individuals that may have been involved in
the parade may not have been aware of the craft show and vice versa, and many of the
sponsors may have been unaware of the other areas of the festival, Chair DeVine
explained that the sub-committee is considering putting together a package containing
information about the entire festival and its events, rather than individual sub-committees
forwarding just event specific information to select individuals or groups. The Chair
questioned whether the Committee understood the intention behind this concept.
Committee Member Sweeney agreed that it would save on postage and spread
information to all who have expressed interest in the past.
Committee Member DeVine stated that she felt individuals and organizations would not
experience a fee for participating in the parade and craft showlbusiness expo.
Committee Member Peil stated that additional planning for packaging was to allow the
ability of having different levels of sponsorship be more appealing for their money.
Committee Member Pei! explained that VIP parking could be a gratuity for sponsorships
at a certain level; free buttons, designated seating at the street dance or entering a float in
the parade, Committee Member Peil stated that this concept would possibly bring
additional individuals in for participation, and allow an opportunity to achieve additional
revenue from same. Chair DeVine requested more specific input on the following items:
free craft/business expo. booth, admission to the dance, free number of buttons, reserve
seating at the dance, VIP parking. Chair DeVine questioned whether there were items to
shy away from. Mr. March stated that the splitting of same would be dependent upon the
level of sponsorship. Committee Member Peil stated that she would be compiling the
master mailing list. She requested that members forward their lists as soon as possible.
"
March 5, 2001
Fete des Lacs Festival Committee Meeting Minutes
7. Craft Show
Committee Member DeVine stated that she did not have copies of her budget for
everyone and began reviewing same. Mr. March offered to make the necessary copies if
the Committee desired to discuss another item.
8. Garbage Service
Committee Member Sweeney stated that he had contacted Waste Management and was
waiting for a packet of information; however, he had not received same.
9. Fireworks
Committee Member Sweeney stated that he had contacted Arrowhead Fireworks of
Duluth, MN. Committee Member Sweeney stated that they forwarded three (3)
proposals, for production based on a $5,000, $7,500 and a $10,000 level. Committee
Member Sweeney stated that he has not had an opportunity to contact Americana
Fireworks. Committee Member DeVine questioned whether a time frame for each level
was included with the proposal. Committee Member Sweeney reviewed the proposal in
regards to charges/fireworks cartridges that would be used for display. Committee
Member Sweeney stated that the gentlemen that he spoke with stated that the minimum
display would be approximately $5,000. Committee Member Sweeney stated that he had
no idea what had been spent in previous years and that the firm is rather busy through the
4th of July. The gentleman felt that it would be no problem to put together a display the
first week of August and offered to come to Centerville to ascertain an ample location for
the display. The Chair requested that Committee Member Sweeney keep the Committee
abreast of additional information regarding this item.
10. Electrical
Committee Member Sweeney stated that he has been reluctant to contact Rivard Electric
dependent upon the City's consideration of installing electricity at Laurie LaMotte
Memorial Park. Committee Member DeVine informed the Committee of Council's
decision not to expend funds from the General Fund to install same and that the Parks and
Recreation Committee would need to determine if they desired to expend fund from Park
Dedication Fees to pay for same. Committee Member DeVine also stated that the item is
on the Parks and Recreation Committee Agenda for consideration at their meeting on
March 6, 2001. Committee Member Sweeney requested the reasoning given by Council
as to not expend the fund from the General Fund. Committee Member DeVine stated that
Council felt that the electricity was part of the parks, which are the Parks and Recreation
Committee's responsibility.
Committee Member Peil questioned whether one (1) large generator was used last year or
several additionally whether ample service was available. Chair DeVine stated that one
(1) large generator was used to power the R.V.s for the carnival employees. The carnival
supplied their own to power their rides and used the electricity currently at the park.
Chair DeVine stated that the existing electrical was sufficient; however, a large amount
of cable was purchased to provide same. Committee Member DeVine stated that the
March 5, 2001
Fete des Lacs Festival Committee Meeting Minutes
electricity would be installed prior to the Fete des Lacs City Celebration. Committee
Member Sweeney questioned contacting Rivard Electric entirely. Chair DeVine stated
that it would be dependent on where the electricity is run comparative to event location.
Committee Member Sweeney suggested that the Committee consider ensuring the proper
location for the electrical to possibly curtail any additional cabling. Committee Member
DeVine stated that there would be two (2) junction boxes. Committee Member DeVine
also stated that the planned installation would include a post junction box near the
telephone pole, adjacent to the trail and another one (1) installed near the baseball fields.
Committee Member DeVine also stated that the current electricity to the warming house
would be upgraded. Mr. Wilharber stated that a generator was used to power the
Centerville Lion's beer trailer and that the large generator used to provide power to the
R.V.s was obtained from the City ofLino Lakes. Mr. Wilharber stated the importance of
contacting the electrical inspector. Chair DeVine stated that planning for electricity last
year took place approximately one (1) week prior to the event. Committee Member
DeVine stated that the Committee was misinformed by the carnival as to the amount of
power they would need. Committee Member Sweeney requested that Committee
Member DeVine keep the Committee abreast of events associated with this item
Chair DeVine questioned Committee Member Sweeney in regards to volunteers needed,
and the main stage. Committee Member Sweeney stated that he had not had time to
address either of these issues. Chair DeVine stated that with the package concept, it may
be easier to schedule events than first anticipated. Committee Member Sweeney stated
that the Fire Department may be able to provide miscellaneous trailers with activities
contained inside for simulated experiences. He would be discussing the use of same with
Fire Chief Bennett. Committee Member Sweeney felt that these items could take place
outside of the tent area, and would provide exciting events for the public.
9. Fireworks (Com'd)
Mr. March questioned whether he had missed the fireworks discussion and questioned
the location for same. Committee Member Sweeney stated that when he discussed the
location with the gentleman from Arrowhead Fireworks he stated his willingness to
survey the area for the best location. Mr. March explained that the previous years were
set off from the Hunter's Crossing development. Mr. March stated that they are currently
framing a house in that location. Committee Member Peil questioned the amount
expended on same in the previous year. Mr. March stated that he though it was $2,500.
Committee Member Sweeney stated that the minimum bid received from Arrowhead
Fireworks was $5,000. Mr. March stated that he had spoken with the gentleman from
Americana Fireworks who stated that he would do this year's for the same amount as last
year. Mr. March stated that their minimum display was $2,500. Mr. March stated that
Americana Fireworks has purchased all of their displays for the year and anticipates
hosting Centerville's. Mr. March felt that last years display was shorter than in previous
years. Mr. March felt that the display lasted fur 12 to 13 minutes.
7. CraftlBusiness Expo. (Cont'd)
Committee Member DeVine presented the budget for the CraftlBusiness Expo and
reviewed same with the Committee. Committee Member DeVine stated that the budget
was less than the previous years. They are requesting $875 with an estimated $875
March 5, 200 1
Fete des Lacs Festival Committee Meeting Minutes
revenue. Committee Member DeVine stated that she felt that last year, there were a lot of
crafters with the same type of items for sale. Committee Member DeVine stated that her
focus will be on businesses that can arrange a large display. Mr. March stated that many
phone calls were received last year in regards to if there was another individual selling
the same type of items. They wanted their money back if someone else had registered
offering the same.
Committee Member DeVine explained that some companies only allow one (1) seller per
event. Mr. March questioned whether the $10 fee would cover the table rental.
Committee Member DeVine concurred and stated that the figure was based on last years
cost. Committee Member DeVine stated that space rental was $15 subsequent to being
reduced from $40. Committee Member DeVine also stated that the size of the space
would be the same; however, the tee will increase to $25. Committee Member DeVine
requested input from Committee Members regarding modification of the dates to include
both Saturday and Sunday, from 12:00 p.m. to 5:00 p.rn. Committee Member Sweeney
suggested coinciding the softball tourney with the CraftlBusiness Expo., stating that the
largest crowd would be at the event at that time. Mr. March suggested having the event
only one (1) day, starting at 9:00 or 10:00 a.m. to 5:00 p.rn. or 6:00 p.m. Committee
Member DeVine stated that a lot of craft fairs run for two (2) or three (3) days.
Committee Member Sweeney concurred with Mr. March on the starting time due to the
softball tournament. Committee Member DeVine questioned the start time for the
parade. Committee Member Thill stated 10:00 a.rn. Discussion ensued in regards to the
majority of the residents would be at the parade. Committee Member Pei! questioned
whether a requirement could be placed on the crafters that their display would need to be
removed during the evening if it were a two (2) day event. Committee Member DeVine
stated that sign-up could be for one (1) day for $15 or two (2) days for $25. Concern
arose for open spaces and requests for refunds on day two (2) if day one (1) did not go
well.
(Ray, what about crafters wanting to sleep on site for the two (2) day event rather than
commuting????) Just a thought when doing the minutes.
10. Advertising
Committee Member DeVine explained that the budget for this item is not complete;
however, several items have been addressed. Committee Member DeVine stated that she
had spoken with the Quad Community Press and obtained pricing on a Y. and 1/8 of a
page with a discount being received if multiple ads were being placed. Committee
Member DeVine stated that she had also received pricing for spot color - $40 more than
black and white. Chair DeVine questioned whether running multiple ads in varying
papers was to be handled by them. Committee Member DeVine stated that she did not
obtain this information. Mr. March questioned readership of The Peach. Mr. March
stated that they have a large distribution area and that san1e may be an additional source.
Committee Member DeVine stated that she had contacted the Hugonian, Quad
Community Press, Blaine Banner, Anoka County Shopper, and the Blaine/SLP Life.
Committee Member DeVine stated that she needed to make additional contact with
neighboring communities. Chair DeVine stated that Committee Member DeVine needed
to keep in mind that last year too much advertising was centered on Centerville residents
rather than outlaying areas. Committee Member Sweeney suggested calling the North
March 5, 200 I
Fete des Lacs Festival Committee Meeting Minutes
Metro Telecommunications Commission to place on the cable access channel. Mr.
March stated that City Scope would be the show that would pertain to this item.
Conunittee Member DeVine stated that advertising would take place in the LeJoumal, on
the City's cable channel, flyers, and the City's web site. Mr. March stated that Mr.
Schlavin is an acquaintance of the gentleman who delivers the Peach and for
approximately $15 he would insert an 8 'l2 x 11 flyer in the paper.
11. Carnival
Conunittee Member DeVine stated that there was nothing new to report on this item.
Chair De Vine stated that Ms. Scott had several telephone numbers for carnival
promoters. Ms. Scott contacted Sipp Shows out of White Bear Lake who were booked;
however, they provided another company located out of Elk River. Chair DeVine stated
that they are brand new and they would be in East Bethel, Rosemount and the Jackson
County Fair. Chair DeVine also stated that if the Jackson County Fair were to be post-
poned, the City would have a carnival; however, they would keep us in mind for next
year. Mr. March questioned what they provided. Chair DeVine stated that the rides are
new and that they had 9 - 10 rides. Discussion ensued regarding foregoing the profit
from the carnival and the possibility of signing multiple year contracts. Mr. March
suggested contacting them again to ascertain whether there was a signed contract for the
Jackson County Fair.
Chair DeVine questioned whether pony rides and the petting zoo should be brought back.
Consensus was that the pony rides were not a big hit; however, providing some thing for
the smaller children was needed.
12. Parade
Conunittee Member Thill stated that the parade route, line-up and detour were submitted
to Anoka County to receive a permit. Chair DeVine obtained same. Conunittee Member
Thill also stated that a letter was forwarded to Officer Dave Frank, Centennial Lakes
Police Department, requesting his attendance at the next meeting of the Committee.
Conunittee Member Thill stated that individuals/groups have been calling in regards to
the post cards already sent out. Chair DeVine questioned whether the parade sub-
conunittee would be forwarding an additional mailing prior to the registration material.
Committee Member Thill stated no, only one (1) post card is mailed with a subsequent
registration packet several months before the parade. An additional mailing would be
sent out prior to the parade. Conunittee Member Thill explained that the post card was
mailed early to allow ample time for constructing a float utilizing the Festival's Beach
Party theme. Chair DeVine questioned the amount of sheets included in the next mailing.
Committee Member Thill stated that the mailing would contain two (2) 8 'l2 x 11 sheets
of paper. The first sheet would contain the same information that was on the post card,
and the second sheet would be the registration form. Chair DeVine questioned the
budget for the parade. Committee Member Thill stated that the increase is due to
additional bands that the Committee was unaware of in the previous year. Chair DeVine
questioned the possibility of charging a fee to enter into the parade. Committee Member
Thill stated that he was uncomfortable with charging individuals/groups to be in the
parade. Committee Member Thill felt a build up of participants and spectators over
several years was needed prior to charging an entrance fee.
March 5, 2001
Fete des Lacs Festival Committee Meeting Minutes
Chair DeVine questioned the Committee's feelings in regards to the Parade Sub-
Committee's presented budget. Committee Member Sweeney felt that the previous year
was rejuvenating the Festival and parade. Committee Member Sweeney stated that the
parade Committee needed to prove that it can be done on a consistent basis, prior to
charging an entrance fee. Mr. March suggested that the Committee could request a
voluntary contribution. Mr. Wilharber questioned whether the Committee had given any
consideration to attending other parades for advertising the Festival. Chair De Vine stated
that Hugo and Forest Lake would be good communities to attend.
Committee Member DeVine expressed concern over the way some items were handled
without the entire Committee's knowledge. Committee Member DeVine prefaced her
discussion with the filet that she was not there to micro-manage individuals and all
members are serving as an entire Committee. Committee Member DeVine also stated
that Committee Member Thill is a representative of the Parade Committee as a Sub-
Committee. The parade committee are not their own entity of the Festival, we are all the
Festival. Committee Member DeVine shared that the procedure fur forwarding mailings
should have been brought to the full Committee for input prior to forwarding same.
Additionally, she stated that the parade route should have also been brought to the full
Committee for input. Committee Member DeVine stated that there was discussion of
having the parade brought down to Laurie LaMotte Memorial Park and would have liked
to have had an opportunity to discuss same this year. Committee Member Thill stated
that the Parade Sub-Committee was behind last year's time frame for mailings and
permits.
Mr. March stated that one (1) of the reasons for his reluctances to join the Committee was
the way budgets are approved for each item. Last year it ended up being when every one
spent allocated dollars, if there were items not accounted for, questions arose. Council
was willing to pay expenditures exceeding the Festival budget last year. Mr. March
stated that early in the planning stages of the Festival, budget figures should be
assembled to ascertain whether or not the fimds can be raised to pay for the event. If
fimds are not anticipated, priorities need to be set. The Festival is weather dependent.
Mr. March questioned whether a member was compiling the sub-committee' budgets and
bring same to the next meeting to discuss priorities and fimding for individual events.
The Chair stated that was the purpose behind obtaining these preliminary budgets at this
meeting. Mr. March stated that there was no general oversight in the previous year and if
the Committee feels that they can not decide the priorities, then the Council will make the
final budget decisions. Mr. March stated that the Committee can request a larger amount
of contributions from the City or cover the anticipated overage in expenditures. Mr.
March stated that the personality clashes would not happen if this was the avenue taken.
13. Buttons
Committee Member Thill stated that the only work completed on this item was last year's
figures being brought forward. Committee Member Sweeney questioned whether or not
softball players needed to purchase buttons. Chair DeVine stated that same was
undetermined. Chair DeVine stated that he felt that the softball players would need to
purchase the buttons like everyone else unless someone has another idea. Committee
Member Sweeney stated that a discount may be given. but they will not be coming by
March 5, 2001
Fete des Lacs Festival Committee Meeting Minutes
themselves and same could bring additional revenues to the Festival. Committee
Member Sweeney suggested that possibly with the purchase of several (6, 8, 10, etc.)
buttons you could receive a $2 discount. The buttons should be available at team
registration for the tournament.
Ms. Patricia Scott suggested that the buttons could be made with a color copier allowing
the ability to number them for drawing purposes. Ms. Scott stated that the cost would be
minimal. Mr. March stated that the buttons could be smaller and made in house less
expensively. Mr. Wilharber questioned using old buttons. Ms. Scott stated that those old
buttons could not be used again. Mr. March suggested providing Committee Member
Thill with a sample. Committee Member Peil questioned whether the old buttons could
be re-used. Committee Member Thill reviewed the previous years sales and stated that
the revenue generated from same was $3,208. Committee Member DeVine stated that
Town Crier Promotions donated their profit to the City's Festival and charged only cost.
Committee Member Travis questioned whether in previous years, door-to-door sales
assisted in selling more buttons. Mr. Wilharber stated that so many residents are not
available when soliciting door-to-door. Mr. March stated that he felt that purchasing a
1,000 buttons was an ample supply which would include the tournament and new
residents. Chair DeVine requested additional information on the acrylic buttons that Ms.
Scott suggested. Chair DeVine questioned the intended use of the buttons. Committee
Member Thill stated similar to that oflast year.
Mr. Wilharber stated that the original buttons were smaller than the ones that are
currently being used. Committee Member Thill stated that offering a discount to other
events if a button is purchased, may be an idea.
13. 5K Run
Committee Member Travis submitted proposals from Vacation Sports for the 5K Run.
Mr. March stated that he liked Option #3, and Chair DeVine concurred. Mr. March
questioned the advertising that would be provided. Committee Member Travis stated that
Vacation Sports in White Bear Lake, does a quality job promoting and handling the run.
Committee Member Travis stated that the event would pay for itself and generate
additional revenue above expenditures. Committee Member Travis stated that the up
front cost would be $5 - $6 dollars, dependent upon T-Shirts. Committee Member Travis
stated that she had spoken with Mr. Daryl Cooper, organizer of the YMCA Run, who
stated that the Committee could expect approximately 150 runners with 40 - 50 people
being from Vacation Sports. Committee Member Travis explained that they are kind of
like "groupies" that run all Vacation Sports events. Another 25 - 50 people would be
from the community with the remaining 75 individuals that would be invited by local
residents.
Committee Member Travis felt that awards were a good idea, with a medal for first (1 st)
place for both male and female. Committee Member Travis stated that at the YMCA Run
a one (I) mile walk was also an event that they promoted as a fiunily event. Committee
Member Travis stated her intent of trying to obtain a sponsor for providing the t-shirts
and silk screening. The medals would be donated. Committee Member Travis stated that
the after event costs would be $400 minimum to Vacation Sports, or $4 pre race or $5
race day that they receive per entry. Depending of the location of the race, the Anoka
March 5, 200 I
Fete des Lacs Festival Committee Meeting Minutes
County Park rental fee is $250 - $300. Committee Member Travis stated that she would
research the possibility of starting at Laurie LaMotte Memorial Park and running through
the park, if the park fee could be waived. Committee Member Travis questioned whether
the City has a Road Use Permit. Mr. March stated that a permit would need to be
obtained from Anoka County if the race is on a County Road. Mr. March suggested
starting at Laurie LaMotte Memorial Park go to a half way point in the County Park and
turn around. Committee Member Travis stated that her initial thought was not to have to
pay to run through the park. She would be researching whether there was a possibility of
having the fee waived. Mr. March questioned the route for the race. Committee Member
Travis stated that she intended to have the race end near Jumpin Java, due to the filet that
same will be providing refreshments at the end of the race and that it would bring
business to that side ofthe town.
Committee Member Travis stated that the number of volunteers is unknown at the present
time. Advertisement would be on the Vacation Sports web site, and other events that
they participate in they would advertise at. Committee Member Travis also stated that
the only item that she anticipated that would cost money would be advertising locally.
Committee Member Travis stated that she had spoken with Daryl Silverness, YMCA,
who stated their willingness to promote the event at other YMCAs that are opening.
Committee Member Travis stated that she would be soliciting local businesses fur
sponsorship and in return the businesses would get their name on the back of a runners t-
shirt. Corporate sponsors would be on the sleeve of the shirt. Discussion ensued
regarding this being included in the package for sponsorship.
IV. UNFINISHED BUSINESS
Chair DeVine stated that the Committee had discussed the snap shot that was needed and
would appreciate as much information as possible for the next meeting, so preparation for
compiling the budget work can commence on volunteers and advertising. Committee
Member Peil stated that if rental equipment is needed that the information be forwarded
to her so that a proposal can be obtained. Chair DeVine stated that volunteer t-shirts
needed to be addressed. Chair DeVine stated that the previous years t-shirts were lime
green, with "ask me" ironed on the back. Committee Member Sweeney stated his
displeasure with the ironed on "ask me" on the back of the shirt, adding that the color was
bright enough and did not warrant "ask me" on the back. Committee Member Sweeney
questioned whether the Committee could handle this item. Chair DeVine stated that a
color could be arrived at now and an order placed by Staff. Committee Member Travis
requested that the color be white. Chair DeVine suggested that the shirt be of a bright
color. Mr. March suggested staying with the lime green color. Ms. Scott stated that the
Committee set a precedence with the lime green, and was very, very noticeable.
Committee Member Sweeney stated that the t-shirt should not have a volunteer label or
anything on it. It should have the City logo and a distinct color. Consensus was blaze
orange.
Motion made bv Chair DeVine. seconded bv Committee Member Peil to purchase
30 (thirty) blaze oran2e/sherbet t-shirts. with the back of the shirt remainin2 intact.
Discussion ensued and Committee Member DeVine stated that prior to ordering, the total
number of t-shirts needed to be determined. Committee Member Sweeney questioned the
L.
.
March 5, 2001
Fete des Lacs Festival Committee Meeting Minutes
amount purchased last year. Chair DeVine stated that 30 (thirty) were purchased.
Committee Member Sweeney questioned whether that was an ample supply. Committee
Member DeVine stated that the Committee ran out. Committee Members Peil and Travis
stated that they did not receive a shirt. Committee Member DeVine stated that not all
volunteers received a t-shirt. Committee Member DeVine stated that only parade
volunteers received t-shirts. Committee Member DeVine stated that individuals who
helped out with the rock wall and etc. did not received one. Chair DeVine stated that
possibily the Committee should wait until next week to ascertain the amount of t-shirts
needed, how many volunteers and ample time to receive color samples. Discussion
ensued on whether the Fire Steering Committee had donated charitable gambling
proceeds to Fete des Lacs. Committee Member Sweeney stated that he would discuss the
issue with the appropriate Committee.
AU in favor. 0 Aves. and 3 Navs. Committee Members Travis. Peil and Sweeney. Motion
died.
The Chair questioned the action to be taken. Committee Member Sweeney suggested that the
item be placed on the next agenda for further discussion. Committee Member Sweeney
requested additional information on quantity discounts and color samples.
Chair DeVine questioned whether all Committee Members where familiar with the Request for
Funds form that needed to be used. Chair DeVine questioned whether any Member needed
funds prior to the next meeting. Committee Member Sweeney stated that On-site Sanitation had
contacted him and desired the Committee to book the satellites. Committee Member Sweeney
questioned whether the same amount as last year should be obtained. Consensus was that the
same amount was ample. Committee Member Sweeney questioned whether an additional day of
servicing would be needed. Committee Member Sweeney once again questioned whether the
amount would be enough to service the larger softball tournament and 5K run. Committee
Member Sweeney stated that there were ten (10) regular and two (2) ADA accessible satellites
last year. There was one (1) servicing for $18 at a total of$I,250 doUars. Mr. March stated that
On-site would be able to advise on the amount of uses per unit. Committee Member Sweeney
stated that if the run ends at Jumpin Java, a couple of the units would need to be moved several
times throughout the day. Chair DeVine suggested contracting for twelve (12) and if it is
determined that additional units will be needed, we can contact them as soon as allowable.
Mr. Wilharber questioned whether the Centennial Lakes Police Department has been contacted
about security for the day. Chair DeVine stated that he had spoken with both Chief Heckman
and Fire Chief Bennett in regards to modification of the date. Committee Member Peil stated
that Officer Dave Frank is assigned to the Festival this year and has been invited to the next
meeting. Chair DeVine stated that he would contact both Chief Heckman and Fire Chief
Bennett.
ADJOURNMENT
Motion made bv Committee Member Peil. seconded bv Committee Member Sweeney to
adiourn the Fete des Lacs meetin!!: of March 5. 2001 at 8:28 p.m. All in favor. Motion
carried unanimouslv.
March 5, 200 I
Fete des Lacs Festival Committee Meeting Minutes
Motion made bv Chair DeVine. seconded bv Committee Member DeVine to reconvene the
March 5. 2001 Fete des Lacs meetinl! at 8:29 p.m. All in favor. Motion carried
Dnanimouslv.
The Chair stated that the Committee had received one (1) letter of interest for the Fete des Lacs
opening available. Chair DeVine stated that the letter was received from Ms. Patricia Scott and
that the Committee needed to make a recommendation to Council for Ms. Scott's appointment.
Motion made bv Committee Member DeVine, seconded bv Committee Member Travis to
accept Ms. Scott's letter of interest and recommend appointment to the Committee bv
Council. All in favor. Motion carried unanimouslv.
Motion made bv Chair DeVine. seconded bv Committee Member DeVine to adiourn the
Fete des Lacs meetinl! of March 5, 2001 at 8:33 p.m. All in favor. Motion carried
unanimouslv.
Transcribed By:
Teresa Bender, C1erkfTreasurer
NOT
APPROVED
PARKS AND RECREATION
COMMITTEE MEETING MINUTES
March 7,2001
Pursuant to due call and notice thereof; the Parks and Recreation Committee of the City
of Centerville held their regularly scheduled meeting on March 7, 2001 at City Hall, 1880
Main Street. Chairperson Doug Porter called the Public Hearing to order at 6:35 p.rn.
Present:
Chairperson Doug Porter
Tedd Peterson
Brian Walter
Wayne LeBlanc
Karla DeVine
Absent:
Staff: Jill Lien
Jim March (left after Public Hearing)
PUBLIC HEARING
Chairperson Doug Porter explained the purpose for the Public Hearing was to gather
input from residents regarding submittal of an application for an Outdoor Recreation
Grant being offered by the Department of Natural Resources (DNR). Mr. Porter shared
that this is a matching grant, which means that the Parks & Recreation Committee will
match whatever funds are granted by the DNR up to $50,000. There is a potential of
having $100,000 for recreational development at Laurie LaMotte Memorial Park. Mr.
March commented, items submitted in the application include the possibilities of:
playground equipment, concession/shelter, recreational items, trails, pavement of ice rink,
skate park (which would be unique to include in the grant), pike racks, and many more
options.
Mr. Walter explained that the Parks and Recreation Committee is considering paving the
existing hockey rink at the park for dual purposes. One is for flooding advantages in the
winter, which will save a tremendous amount of time and money. The second is for a
skate park in the summer months.
Mr. Porter shared that the Parks and Recreation Committee held an informational
meeting in October of 2000 to gather input from the youth and their parents regarding the
possibilities of a skate park. By the request from some of the local youth who attended
one of the Parks and Recreation meetings, the Committee had to address the need for
providing activities for youth in the age ranges of 12-16. Specifically, they are looking
for a place to ride their bikes, skateboards and roller blades. Since the meeting in
1
October, several of the Parks and Recreation members and City Staff have been
questioned by youth as to the status of the skate park.
The consensus of the committee at this time is not to include the skate park on the grant
application. The City will not know ifit is approved for the grant until late summer,
which means the youth wouldn't be able to use it much, if at all, this year. The
Committee doesn't want to wait until then to begin construction of the skate park, they
want to begin construction/paving right away in the spring for use this summer.
Mr. Roger Barrett (6953 Centerville Rd.) questioned the status of the temporary road
running from Centerville Road to LaMotte Drive at the edge of the park. Mr. Barrett
commented that there is a steady flow of people using the road, and was interested in
knowing if it would be removed. Additionally, should the gates be open or closed?
Mr. March mentioned that there weren't any plans as of yet for removal ofthe road.
There is a possibility of converting it to a small paved trail. Either way, the gates should
be closed, and no vehicles should be using the road. Mr. March will check into it with
the Public Works Department.
Mr. March questioned the residents specifically on Centerville Road as to their feelings
on the ball field lights. Specifically, are they a nuisance, or would they be, if more were
added?
Mr. Peterson and Ms. DeVine concurred that there hasn't been any discussion related to
purchasing additional lights, but there has been discussion related to how much electrical
amps should be run, for future possibilities. Mr. Peterson stated it would be best to get as
much amps out to the fields as possible, to avoid going back and re-doing later. That
would be much more costly.
Mr. Tom Wilharber (6849 Centerville Rd.) commented that sometimes the lights are left
on all night long. He also agreed with Mr. Peterson and Ms. DeVine that it would be
better to run whatever electrical amps you may want in the future now, rather than the
possibility of having to tear it up and re-do it, should the Committee decide to add
additional lights.
Mr. Ben Henrich (6945 Centerville Rd.) requested a trail be created off of Center Street
running behind his house.
Mr. LeBlanc questioned if there was an easement behind Mr. Henrich's house that a trail
could be placed upon. Specifically, he mentioned rllnning a trail from the Hunters
Crossing Development to Meadow Lane, which would keep the youth offCenterville
Road.
Mr. W1lharber (6849 Centerville Rd.) questioned the status of purchasing the Church
property just north of LaMotte Park.
2
Mr. March explained the Church has funned two (2) committees: one fur expanding the
existing building, and the second fur selecting a site for a new church. At this time, the
City doesn't know at what stage the church is at.
Mr. Porter thanked the audience for attending the meeting and for their participation in.
He commented the grant application would be available at City Hall for anyone interested
in reviewing it.
Public Hearing closed at 7:05 p.rn.
APPEARANCES
Mr. Todd Murowski (Recreation Specialist for Wargo Nature Center) appeared before the
Parks and Recreation Committee to discuss activities offered through Anoka County at
the Wargo Nature Center. Some of the activities include: arts and crafts, photography,
canoeing, kayaking, ecology, animal presentations, swimming at the beach, etc. The
Wargo Nature Center is not looking for a profit, nor is the County. Since these programs
are not designed to make a profit, some ofthe fees can be waived such as; daily fees at
Anoka County Park and parking fees at the entrance gate.
Mr. Porter questioned if the activities could be offered at both the Wargo Nature Center
and additional1y at some of the parks in Centerville. He also questioned if there were any
family oriented (i.e. parent/child) programs offered.
Mr. LeBlanc questioned the age ranges fur programs offered, specifically requesting ages
15 and up. Mr. LeBlanc also questioned transportation to and from the programs.
Mr. Murowski commented that the activities could be at the Wargo Nature Center, the
public beach on Centerville Lake, or at any park in Centerville. They are very flexible,
and are wi1ling to work with the Parks and Recreation Committee to establish whatever
type of program desired for any age desired. He felt we could easily offer one program
per week. He also mentioned that the Wargo Nature Center has a van that holds up to 6-7
people and could be used for transportation.
Mr. LeBlanc commented that maybe it is time for the Parks and Recreation Committee to
consider hiring a part-time Parks and Recreation Director to co-ordinate some of these
activities. This person could also help with the skate park. He questioned Ms. Lien if the
current staff at City Hall could organize recreational activities. Ms. Lien replied that
currently City Hall is short staffed and it would be impossible for the existing staff to take
on such a huge responsibi1ity of coordinating youth activities and run the skate park.
Nick Trogie, Recreation Specialist for the City of Shoreview, (1946 - 73rd St.) originally
carne fur the Public Hearing, but decided to stay for the rest of the meeting, commented
that the City of Shoreview has come to the conclusion that it is better to have an attendant
on duty at their skate park vs. not having one at all.
3
Mr. Tom Lee (7179 Brian Dr.) also stayed for the remainder of the meeting, commented
that not only the youth will use the skate park, adults will also use it.
CONSIDERATION OF MINUTES
February 7. 2001 Parks and Recreation Committee Meetinfl Minutes
Motion by Mr. LeBlanc, seconded by Mr. WaIter to approve the February 7, 2001
Parks and Recreation Meeting Minutes. All in favor. Motion carried unanimously.
UNFINISHED BUSINESS
Budget Fil!llfes / Re-assessment
Tabled
YMCA - Status ofDav Camp
Ms. Lien explained she had spoke with Mr. Silvemess on February 15th regarding the
status of the Day Camp Program. At that time, he had informed her that the brochure
(proof) was to be back from the printer that same day, or on the 16th. Since Mr.
Silvemess was out of the office on March 2nd, Ms. Lien spoke with Katie Kubic, his
assistant. Ms. Kubic informed Ms. Lien that they are in negotiations with the printer over
the fues. Ms. Kubic stated they have an "On- Site Director" lined up for the daily
activities. The dates will run from Monday, June 11 th - Friday, August 17th (not open on
July 4~. The hours are from 9:00 a.m. - 3:00 p.m., with extended hours from 6:30-
9:00 a.m. and again from 3:00 - 6:00 p.m. The age requirements are from 6 - 10 years
old. They are also looking at options for bus pick-up at Rice Lake Elementary, Forest
Lake and City HalL More information will follow at the April meeting.
Skate Park Insurance Issues
Tabled
Comprehensive Plan Amendment
Ms. Lien explained that Ground Development requested a MUSA swap and
Comprehensive Plan Amendment at the City Council meeting held on February 28, 200 I.
The City Council approved the MUSA swap and the Comp Plan Amendment. Mr. March
will be contacting Dean Johnson of Resource Strategies for consultation. The City will
need to hold a public hearing and then submit the Comp Plan Amendment request to Met
Council for final approval.
Earth Day
Mr. Walter distributed a memo to the Committee explaining some ofthe activities
planned for Earth Day. The list entailed the following:
1. Goetz will be donating a blend of wildflower seeds in individually wrapped
bags.
2. Patricia Scott is pricing plastic bags with handles.
4
~-
3. Table at City Hall (patricia believes Teresa Bender will have a table set up at
City Hall for those who would be interested at stopping by City Hall).
4. Volunteers meet at City Hall.
5. Pick two (2) parks to clean up.
6. Main Street clean up (EDe).
7. Poster contest (EDe).
8. Patricia Scott will try to organize scouts, neighborhood watch groups and
other clubs to get involved.
9. Lunch at Wargo Nature Center (11 :00 am.).
After some discussion, the Committee elected to serve refreshments at Royal Meadows
and Tracie McBride Memorial Park. Volunteers can meet at City Hall or either of the
parks at 9:00 am.
Motion by Mr. Porter, seconded by Mr. LeBlanc to allow Mr. Peterson to purchase
cookies for Earth Day in an amount not to exceed $50.00, and to allow Mr. Walter
to purchase pop in an amount not to exceed $50. All in favor. Motion carried
unanimously.
Number of Members on Parks and Recreation Committee (Five to Seven)
After discussion, the Committee made the following motion:
Motion by Mr. Walter, seconded by Mr. LeBlanc to recommend to City Council to
move to a seven (7) member Parks and Recreation Committee. AU in favor. Motion
carried unanimously.
Reauests fur Prooosals (RFP's) - Laurie LaMotte Memorial Park
Ms. Lien explained that the City Council doesn't want to light all three ball fields at
Laurie LaMotte Memorial Park. They are currently waiting on the specifications from
the City Engineer, Tom Peterson. The Committee discussed the possibility ofrunning
400 amp vs. 600 amp electrical cable at the park. The electrical will be used fur running
the ball field lights, scoreboard, concession stand and the entire Fete des Lacs Festival.
After discussion, the following motion was made:
Motion by Ms. DeVine, seconded by Mr. Porter to recommend to City Council to
request bids for running 600 amp electrical service at Laurie LaMotte Memorial
Park, per the specifications provided by the City Engineer. All in favor. Motion
carried unanimously.
Trail Map from Erurineer
Ms. Lien explained the engineers had delivered the proposed trail map. She had already
made a few minor changes, but would like the Committee to review and make any
additional changes. The Committee requested "satellites" be indicated at the park sites,
and also that a plastic overlay be attached to the map so the Committee can write on it
and erase their markings. Ms. Lien will forward the map and requests to the engineer.
5
NEW BUSINESS
On-Site Sanitation
Ms. Lien explained that Mr. Palzer had requested this be added to the agenda. On-Site
Sanitation had contacted him regarding the City renting satellites from them again this
year. Mr. Palzer recommends that the Parks and Recreation Committee rent ADA units
instead of Handicap Accessible units because they are a little bigger and better. He felt it
would be best to be consistent and have all of the same type of units at all of the parks.
Motion by Mr. LeBlanc, seconded by Mr. Peterson to recommend to City Council
the rental of ADA Satellite units at all five (5) parks, per Mr. Pauer's
recommendation. All in favor. Motion carried unanimously.
Score Funds
Mr. Peterson requested this be discussed at the meeting. He explained that the City
receives a certain amount of money each year from "Score Funds" that must be used for
recycling purposes. He was unsure of the amount, or what it had been allocated to, but
felt the Committee could use this money to purchase recycled bicycle racks, etc. for
Laurie LaMotte Park. Ms. Lien shared that she fult this money is already allocated fur
Earth Day expenditures, and is used by the Recycling Coordinator. She advised the
Conunittee not to plan on using any of the "Score Funds" until additional research had
been done.
DISCUSSION ITEMS
Payment for Jackets
Ms. Lien had included a copy of the invoice from Town Crier Promotions for the
purchase of the jackets for the ice rink attendants and the Parks and Recreation
Committee members. The invoice indicated that each jacket was $24.56. Ms. Lien
offered that the members could submit their payment to her that time, or send a payment
to City Hall
Outdoor Recreation Grant Application
Ms. Lien explained the Committee must come to some decisions regarding the Grant
Application. Specifically, what do they want included on the grant application? Since
they do not want to include the skate-park or parking lot, the Committee needs to specifY
exactly what they want included in the grant.
After discussion, the Committee elected to include the following in the Outdoor
Recreation Grant Application: Playground equipment (not to exceed $35k total, which
includes $20k for the structure and $15k for fibar, mulch, drain tile, border, installation,
etc.), benches, bleachers and bike rack.
Parks and Recreation Monthlv Report to Patricia Scott CLeJournal)
6
The Committee elected to report the following activities in the LeJournal; Outdoor
Recreation Grant Application, skate park, electricity at Laurie LaMotte Memorial Park,
Earth Day and the recommendation to change to a seven (7) member committee.
Set Agenda
I. Comprehensive Plan Amendment
2. Skate Park Insurance Issues
3. YMCA Day Camp
4. Earth Day
5. Seven (7) Member Committee (postings, etc.)
6. Budget
7. Trail Map
8. Score Funds
9. Wargo Nature Center Activities
Motion by Mr. Porter, seconded by Mr. Walter to adjourn the March 7, 2001 Parks
and Recreation Committee Meeting. All in favor. Motion carried unanimously.
Meeting adjourned at 10: 1 0 p.m.
Respectfully Submitted,
Jill Lien
Staff Liaison
7