HomeMy WebLinkAbout2002-07-02 P & Z Agenda
PLANNING AND ZONING
CO~SSION
1. Roll Call
MEETING AGENDA
TUESDAY, JULY 2, 2002
6:30 P.M.
I.
CALL TO ORDER
II. APPROVAL OF AGENDA
m. A'f ARDSIPRESENTATIONS/APPEARANCES
I ~OV /.
D lJ 1. . nthal, 7129 - 20th Avenue N.(Concept Plans-New Building)
~ 't/V rfC) Zoned B-1 .
" o~ ~t} "tJ. eve~o'pers ofMN, Inc., 182 B. Ryan Lane (Concept Plans-New Building)
'~AfrC Zoned I-I fJeJf p(c2m,r. N ./6Uc\ (}[U9:; < 1'-0 !2ffil-tV;;LS{U'j davct-
V ~L<.-.r-u.w S .
V. PUBLIC HEARINGS
1. ..1 Sheehy ConstrUl.;tion Company Lot Split Request (20 Acre Parcel into 5 &. 15 .
",~t-t Acre Parcels), 7047 South 21st Avenue - }JiJr6C"d tUb'<<;ea."1/l'W1Y (s<;u.<!"
"'1' I ~ Z i"" - IJe..ul. 33' .L.&..~...--+- ( ~l-e-y-v;JiL /
V. COMMISSION BUSINESS
1. Proposed Ordinance #70 (Massage Parlors)
2. Set Public Hearings for Ordinance #70 - Massage Parlors & Ordinance #71 -
Tattooing and Body Piercing (P &. Z or Council)
3) 7/[ ~ti":j
CONSEN'T AGENDA
VI.
VlI. APPROVAL OF COUNCIL MINUTES
1. June 4, 2002 Planning and Zoning Minutes
Vill. ANNOUNCEMENTSIUPDATES ~bI
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CH'Y OF CENTEJRVIJLLE
.4.1110KA COUNTY, MINNESOTA
mUH1'fANCJE NO. 61
AN ORDfi\rANCE PROVIDlJ'fG fOR THE REGULATION OF ADULT ORIENTED
BUSINESSES IN THE CITY OF CENTERVlLLE; PROVIDING FOR THE
ISSUANCE OF LICENSES AND COLLECTION OF FEES THEREFORE;
PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
The City Council of the City ofCenterville does ordain as follows:
ADlJLT ESTABUSHlVIENTS
SedioR 1 lPnBlI'ljllose :IlliG [lliitl~!lt.
Subdivision I. Findings. It is the purpose of/his Ordinance to regulate Adult
Oriented Businesses to promote the health, safety, morals, and general welfare of the
citizens of the City and to establish reasonable and uniform regulations to:
(a) Prevent additional criminal activity within the City;
(b) Prevent deterioration of neighborhoods and its consequent adverse effect
on real estate values of properties within the neighborhood;
(c) To locate Adult Oriented Businesses away from residential areas, schools,
churches, and parks and playgrounds;
(d) Prevent concentration of Adult Oriented Businesses within certain areas of
the City.
Subdivision 2, 'Iii>.:; plcvisicn~ C;ft~.is Drdinance.ha:ve "neither the purpose nor
efleet of imposing a limitation or restriction on the content of any communicative
materials, including Adult oriented materials. Similarly, it is not the intent nor effect of
this Ordinance to restrict or deny access by adults to Adult oriented materials protected by
the First Amendment, or to deny access by distributors and exhibitors of Adult oriented
entertainment to their intended market.
S<ediolll 2. Jl)er.lliitiolrn~.
Subdivision I. For purposes ofthis sectionlhe terms derined in this section have
the meanings given them.
ADULTORD.WPS
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City of Center,lille
.ordinance #61
Subdivision 2. Adult Use. Any of the activities and businesses described below
constitute "Adult .oriented Businesses" which are subject to the regulation of this
Ordinance.
Subdivision 3. AdJJlt Book and/or Media Store. An establishment which excludes
minors and which has a substantia! portion of its stock in trade or stock on display books,
magazines, films, videotape, or other media which are characterized by their emphasis on
matter depicting, describing, or relating to Specified Sexual Activities or Specified
Anatomical Areas.
Subdivision 4. Adnlt Cabaret. An establishment which provides dancing or other
live entertainment, if such establishment excludes minors by virtue of age from all or part
of the establishment and if such dancing or other live entertainment in distinguished or
characterized by an emphasis on the performance, depiction or description of Specified
Sexual Activities or Specified Anatomical Areas.
Subdivision S. Adult Establishment. Any business which offers its patrons
services, entertainment, or the sale of merchandise characterized by an emphasis on matter
depicting, exposing, describing, discussing, or relating to specified sexual activities or
specified anatomical areas. Specifically included in the term, but without limitation, are
adult book and media stores, adult cabarets, adult hotels or motels, adult mini-motion
picture theaters, adult modeling studios, adult motion picture arcades, adult motion
picture theaters, adult novelty businesses, and other adult establishments.
Subdivision 6. Adult Hotel or Motel. Adult Hotel or Motel means a hotel or
motel form which minors are specifically excluded from patronage and wherein material is
presented which is distinguished or characterized by an emphasis on matter depicting,
describing, or relating to specified sexual activities or specified anatomical areas.
Subdivision 7. Adult Mini-Motion Picture Theater.
(a) A theater in an enclosed building, from which minors are excluded from aU
or part of tile establishment, with a capacity for less than SO persons used
for presenting motion pictures, including but not limited to mm and
videotape, having as a dominant theme material distinguished or
characterized by an emphasis on matter depicting, describing, or relating to
Specified Sexual Activities or Specified Anatomical Areas.
(b) Any business which present motion pictures, from which minors are
excluded from all or part of the establishment, including films and
videotapes, having as a dominant theme material distinguished or
characterized by an emphasis on matter depicting, describing, or relating to
Specified Sexual Activities or Specified Al'latomical !\reas, for 'Jiewing on
the premises, including but not limited to private booths, viewing by means
ilJ)UL fORD. V\JPS
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City of Centerville
'Ordinance #61
of coin operated or other mechanical devices, and the viewing of excerpt of
motion pictures offered for sale or rent,
Subdivision 8, Adult Modeling Stl.dio, An establishment, which excludes minors
from ail or part of the establishment, whose major business is the provision, to customers,
or figure models who are so provided with the intent of providing sexual stimulation to
sexual gratification to such customers and who engage in specified sexual activities or
display specified anatomical areas while being observed, painted, painted upon, sketched,
drawn, sculptured, photographed, or otherwise depicted by such customers,
Subdivision 9, Adult Motion Picture A rcade, Any place which excludes minors
from all or part of the establishment wherein coin or token operated or electronically,
electrically, or mechanically controlled or operated still or motor picture machines,
projectors, or other image producing devices are maintained to show images to five or
fewer persons per machine at anyone time, and where the images so displayed are
distinguished or characterized by an emphasis on depicting or describing Specified SeJ,,'1lal
Activities or Specified Anatomical Areas,
Subdivision 10, Adult Motion Picture Theater. A theater in an enclosed building,
from which minors are excluded from all or part of the establishment, with a capacity of
50 or more persons used regularly and routinely for presenting live entertainment or
motion pictures, including but not limited to film and videotapes, having as a dominant
theme material distinguished or characterized by an emphasis on matter depicting,
describing, or relating to Specified Sexual Activities or Specified Anatomical Areas for
observation by patrons herein,
Subdivision I I, Adult Novelty 13u<.iness, A business, from which minors are
excluded from all or part of the establishment, which sells, offers to sell, or displays
devices which simulate human genitals or devices which are designed for sexual
stimulation.
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(a) Less than completely and opaquely covered;
(I) human genitals, pubic region, or pubic hair;
(2) buttock; and
(3) female breast below a point immediately above lhe top of the
areola; and
(b) Human mal" genitals in a discernible turgid state, even if opaquely covered,
Subdivision 13. Specified Se:oJaj Activities are any of the tollowing conditions:
(a) fI..1I act of se;mal intercourse, normal Of perverted, actual or simulated,
ADULfORDWPS
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City of Centerville
Ordinance #61
including genital-genital, anal-genital, or oral-genital intercourse, whether
between human beings or between a human being and an animal.
(b)
Sadomasochistic abuse, meaning tlagellation or torture by or upon a person
who is nude or clad in undergarments or in a revealing costume or the
condition of being fettered, bound, or otherwise physically restricted on the
part of one so clothed.
(c)
Masturbation or lewd exhibitions of the genitals including any explicit,
close-up representation of a human genital organ clothed or unclothed.
d)
(
Physical contact or simulated physical contact with the clothed or
unclothed pubic areas or buttocks of a human male or female, or the
breasts of a female, whether alone or between members of the same or
opposite sex or between humans and animals in an act of apparent sexual
stimulation or gratification.
Section .3. Application 'If this Ol!"dil1l:mil1lc~.
Except as in this Ordinance specifically provided, no structure shall be erected,
converted, enlarged, reconstructed, or altered, and no structure or land shall be used, tor
any purpose nor in any manner which is not in conformity with this Ordinance.
No Adult Oriented Business shall ~ngage in any activity or conduct or permit any
other person to engage in any activity or conduct in or about the establishment which is
prohibited by any ordinance of the City ofCenterviUe, the laws ofthe State of Minnesota,
or the United States of A..-nerica. Nothing in this Ordinance shall be construed as
authorizing or permitting conduct which is prohibited or regulated by other statutes or
ordinances, including but not limited to statutes or ordinances prohibiting the exhibition,
sale, or distribution of obscene material generally, or the exhibition, sale, or distribution of
specified materials to minors.
Section 4. i iocation.
During the term ohhis Ordinance, no Adult Oriented Businesses shall be located
less than 500 fee! from any residential zoning district boundary or site used for residential
purposes, and less that 500 feet from any church site, from any school site, from any day
care facility, or from any park which is adjacent to property zoned residential. In addition,
no Adult Oriented Business may be located within 500 feet of another Adult Oriented
Business. For purposes .of this Ordinance, this distance shall be a horizontal measurement
from the nearest existing residential distrid boundary or site used for residential purposes,
church site, school site, day care site, park site, or another A-dult .oriented Business site to
the nearest boundary of the proposed Adult Oriented Business site.
Se~tnjjl/l 5. 1fil<O\illIr~ .Thf <Q\ll~!rMi<llln.
ADDLTORD.WPS
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City ofCenterville
Ordinance #6]
No Adult Oriented Business site shall be open to the public from the hours of
1] :00 p.m. to 9:00 a.m.
S.ectiilllll 6. Operation.
Subdivision 1. Off-site Viewing. An establishment operating as an Adult Oriented
Business shall prevent off-site viewing of its merchandise, which if viewed by a minor,
!vould be in violation of Minnesota Statutes Chapter 617 or other applicable Federal or
State Statutes or local ordinances
Subdivision 2. Entrances. All entrances to the business, with the exception of
emergency fire exits which are not useable by patrons to enter the business, shall be visible
from a public right-ot:way
Subdivision 3. Layont. The layout of the display areas shall be designed so that
the management ofthe establishment and any law enforcement personnel inside the store
can observe all patrons while they have access to any merchandise offered for sale or
viewing including but not limited to books, magazines, photographs, video tapes, or any
other material.
Subdivision 4. mumination. Illumination of the premises exterior shall be
adequare to observe the location and activities of all person on the exterior premises.
Subdivision 5. Signs. Signs for Adult Oriented Businesses shall comply with the
City's Ordinance for signs addressed in ordinance 4, and in addition signs for Adult
Oriented Businesses shall not contain representational depiction of an adult nature or
graphic descriptions of the adult theme of the operation.
S<ection 7, lLictnses.
SubdiVlstv:i1 1. Liceilsc:~ :Rcquir"2d.AU ~sLablishmcnt:), including any bi;:.;i~~e:}3
operating at the time this Ordinance become effective, operating or intending to operate
Adult Oriented Business, shall apply for and obtain a license from the City of Centerville.
A person is in violation of the City Code ifhe or she operate an Adult Oriented Business
without a valid license, issued by the City.
Subdivision 2. A.pplications. An application for a license must be;: made on a torm
provided by the City.
(a) The application must be accompanied by a sketch or diagram showing the
configuration of the premises, including a statement of total floor space
occupied by the business. The sketch or diagram need not be
protessionally prepared but must be drawn to a designated scale or drawn
ADULTORD.WPS
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City of Centerville
Ordinance #61
with marked dimensions of the interior of the premises to an accuracy of
plus or minus six inches.
(h) The applicant must be qualified according to the provisions of this section
and the premises must be inspected and found to be in compliance with the
appropriate state, county, and local law and codes by the health official, tire
marshal, and building official.
(C) Application for license shall contain the address and legal description of the
property to be used; the names, addresses, phone numbers, dates of birth,
ofthe owner, lessee, if any, the operator or manager, and all employees;
the name, address, and phone number of two persons, who shall be
residents of the State of Minnesota, and who may be called upon to attest
to the applicant's, manager's, or operator's character; whether the applicant,
manager, or operator has ever been convicted of a crime or offense other
than a traffic offense and, if so, complete and accurate information the
disposition thereof; the names and addresses of all creditors of the
applicant, owner, lessee, or manager insofar as the regarding credit which
has been extended for the purposes of constructing, equipping, maintaining,
operating, or furnishing or acquiring the premises, personal effects,
equipment, or anything incident to the establishment, maintenance and
operation of the business.
(d) If the application is made on behalf of a corporation, joint business venture,
partnership, or any legally constituted business association, it shall submit
along with its application, accurate and complete business records showing
the names, addresses, and dates of birth of all individuals having. an interest
in the business, including partners, officers, owners, and creditors
furnishing credit for the establishment, acquisition, maintenance, and
furnishings of said business and, in the case of a corporation, the names,
addresses, and dates of birth of all officers, general managers, members of
the board of directors as well as any creditors who have extended credit for
the acquisition, maintenance, operation, or furnishing of the establishment
including the purchase or acquisition of any items of personal property for
use in said operation.
(e) AJI applicants shaH furnish to the City, along with their applications,
complete and accurate documentation establishing the interest of the
applicant and any other person having an interest in the premises upon
which the building is proposed to be located or the fumishings thereof,
personal property thereof, or the operation or maintenance thereof
Documentation shall be in the form of a lease, deed, contract for deed,
mortgage deed, mortgage credit arrangement, loan agreements, security
agreements. and any other documents establishing the interest of the
ADULTORD.Vv1"S
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City ofCenterville
Ordinance #61
applicant or any other person in the operation, acquisition or maintenance
of the enterprise.
(f) The license fee required by this ordinance has not been paid.
(g) An applicant has been convicted of a crime involving any of the following
offenses:
(I) Any sex crimes as defined by Minn. Slat. 609.29 through 609.352
inclusive or as defined by any ordinance or statute in conformity
therewith;
(2) Any obscenity crime as defined by Minn. Stat. 617.23 through
617.299 inclusive, or as defined by any ordinance or statute in
conformity therewith; for which:
~ less than two years have elapsed since the date of conviction or the
date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is ofa misdemeanor
offense.
. less than five years have elapsed since the date of the last conviction
or the date of release from confinement for the conviction,
whichever is the later date, if the conviction is a felony offense; or
., less than five years have elapsed since the date of the last conviction
or the date of release from confinement for the last convi,,'!ion,
whichever is the later date, if the conviction is of two or more
misdemeanor offenses or combination of misdemeanor offenses
occurring within any 24 month period.
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disqualification of the applicant or applicant's spouse.
Subdivisionii'. Requalification. A..n ailplicant who.has been convi,,'!ed of an
offense listed in Section 7, SubdivisionJ (gftinay qualifY for an Adult Oriented Business
"
license only when the time period required by Section 7, SubdivisionJ, (g);'has elapsed.
SUbdivision~. Posting The license, if granted, shall state on~ts face the name of
the person or persons to whom it is granted, the expiration date, and the address of the
Adult Oriented Business. The license shall be posted in a conspicuous place at or near the
entrance to the Adult Oriented Business so that it may be easily read at any time.
>
Subdivision':/! Council ",crion. The City Council shall act to approve or
disapprove the license application within 120 days trom the date the application vvas
ADULTORD.\Nl'S
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City of CenterviJIe
Ordinance #61
submitted, provided that the application contains all of the information required by this
ordinance. If the application is deficient, the Council shall act on the application within
120 days from the date that the deficiency has been corrected.
Subdivisionl Appeals. An Within 90 days after the decision by the Council, the
applicant may appeal to the District Court by serving a notice upon the Mayor or Clerk of
the Municipality.
Sectillo 8. lE:wi.
Fees shall be set by City Resolution on the fee structure.
Sedil!)i! 9. [Hlspecttioil.
Subdivision I. ~ss.. An applicant or licensee shall permit health officials,
representatives of the police department, fire department, and building inspection division,
to inspect the premises of an Adult Oriented Business for the purpose of ensuring
compliance with the law, at any time it is occupied or open for business.
Subdivision 2. Refhsal to Permit Inspections. A person who operates an Adult
Oriented Business or his agent or employee commits an offense if she or he refuses to
permit a lawful inspection of the premises by health officials, representatives of the police
department, fire department, and building inspection division at any time it is occupied or
open for business. Refusal to permit inspections may result in the suspension of the
license as provided in Section II.
Subdivision 3. Exceptiops. The provisions of this section do not apply to areas of
an adult motel which are currently being rented by a customer tor use as a permanent or
temporary habitation.
S!':dniJ>ilI ~O, IElIpiratioim :llHlld iRenewllll.
Subdivision I. Expiration. Each license shall expire at the end of the calendar year
and may be renewed only by making application as provided in Section 7, Subdivision l.
Application for renewal must be made at least 60 days betore the expiration date, and
when made less that 60 days before the expiration date, the expiration of the license will
not be affected.
Subdivision 2. Denial of Renewal. When the City denies renewal ofa license, the
applicant shall not be issued a license for one year from the date of denial. If, subsequent
to denial, the City finds that the basis for denial of the fenewallicense has been corrected
or abated, the applicant may be granted a license if at least 90 days have elapsed since the
date denial became final.
Se~[ii)H1 Ill. SQ!sllensnmll.
ADULTORD.'vVPS
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City of Centerville
Ordinance #6 I
Subdivision j. Causes of Suspension. The City may suspend a license for a period
not to exceed 30 days if it determines that a licensee or an employee of a licensee has:
(a) Violated or is not in compliance with any provision ofthis chapter.
(b) Engaged in the use of alcoholic beverages while on the Adult Oriented
Business premises other than at an Adult Hote] or Motel.
(c) Refused to allow an inspection of the Adult Oriented Business Premises as
authorized by this chapter.
(d) Knowingly permitted gambling by any person on the Adult Oriented
Business premises. .
(e) Demonstrated inability to operate or manage an Adult Oriented Business in
a peaceful and law-abiding manner, thus necessitating action by law
enforcement officers.
Subdivision 2. Notice. A suspension by the City shall be proceeded by written
notice to the licensee and a public hearing. The notice shall give at least J 0 days' !Iotice ,}f
the time and place of the hearing and shall state the nature of the charges against the
licensee. The notice may be served upon the licensee personally, or by leaving the same at
the licensed business premises with the person in charge thereof.
Section 12. Revocation.
Subdivision 1. Suspended Licenses. The City may revoke a license if a cause of
suspension in Section II occurs and the license has been suspended within the precedillg
\2 months.
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determines that:
(a) A license;:; gave false .or misleading information in the material subrnitted to
the City during the application process;
(b) A licensee or an employee has knowingly allowed possession, use, or sale
of controlled substances on the premises;
(e) A licensee or an employee has knowingly allowed flrostitution .on (he
pn~mlses;
(d) A licensee or an employee knowingly operated the A,dult Oriented Business
during a period of time when the licensee's license was suspended;
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City ofCenterville
Ordinance #61
(e)
A lic~Jlsee has been convicted of an .offense ,Iist~d in Sectio~ 7,. Subdivision
Z. Jj(g)', for which the tlffie penod reqmred m SectIon 7, Subdlvlslon ;l(g);'bas
;7
not elapsed; -
(f)
On two or more occasions within a 12-month period, a person or persons
committed an offense occurring ip. or on the licensed premises of a crime
listed in Section 7, Subdivision i(g), for which a conviction has been
obtained, and the person or perron were employees of the Adult Oriented
Business at the time the offenses were committed.
(g)
A licensee or an employee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation or masturbation to occur in or on the
licensed premises.
Subdivision 3. Appeals. 'The fact that a conviction is being appealed shall have no
effect on the revocation of the license.
Subdivision 4. Exceptions. Section 12, Subdivision 2(g), does not apply to adult
motels as a ground for revoking the license unless the licensee or employee knowingly
allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual
contact to occur in a public place or within public view.
Subdivision 5. Granting a license After Revocation. When the City revokes a
license, the revocation shall continue for one year and the licensee shall not be issued an
Adult Oriented Business license for one year from the date revocation became effective.
If, subsequent to revocation, the City finds that the basis for the revocation has been
corrected or abated, the applicant may be granted a license if at least 90 days have elapsed
since the date the revocation became effective. If the license was revoked under Section
12, Subdivision 2(e), an applicant may not be granted another license until the appropriate
number of years required under Section 7, Subdivision2(g)fhas elapsed.
/...
Subdivision 6. Notice. A revocation by the City shall be proceeded by written
notice to the licensee and a public hearing. 'The notice shall give at least 10 day's notice of
the time and place of the hearing and shall state the nature of the charges against the
licensee. The notice may be served upon the licensee personally, or by leaving the same at
the licensed premises with the person in charge thereof
Section 13. TJr3II!Jsifelr <of iL,~<elI!Jse.
A licensee shall lIot transfer this license to another, nm shall a licensee operate an
Adult Oriented Business under the authority of a license at any place other than the
address designated in the application
S<edillUJl R4I. Sev~'niJ1m<ty,
ADUL TORD.Wl'S
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City of Centerville
Ordinance #61
Every section, provision, or part of this Ordinance or any pemrit issued to this
ordinance is declared severable from every other section, provision, or part thereof to the
extent that if any section, provision, or part of this Ordinance or any permit issued
pursuant to this ordinance shall be held invalid by a court of competent jurisdiction it shall
not invalidate any other section, provision, or part thereof
* * * * * * * * * * * *
Section '1 Effective Date of Ordinance. This ordinance shall oecome effective
upon its passage and publication as provided by law.
Passed by the City Council tins ._
day of
'",,""i
, 1995.
." -'-"-"-~'__r.._~,=--~
".. ( /" '! J. ;'!---:-__..
---""",--~
Tom Wilharber, Mayor
ATTEST
Trudi Breuninger, ~!ltllllt City Clerk
ADULTORD. \'\/1'3
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MAR-26-0i MDN
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FAX N~ 651 154 1968
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Paat-lt" Fax Not. 7671
To
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APPLICATION FORM l<'OR SALJNAtS OK MASSAtO.I!: t'AKLOKS wt;ENSE
INITIAL INVESTIGATIVE FEE S2jO.oo
LICENSE PER YEAR $300.00. (NOT PRORATED)
TRAIl! NAME
OATS OF APPLICATION
LICENSING PERJOD
FULL NAME OF APPLICANT. OWNER
IF INDIVIDUAL
PHONE NUMBER
STArn
ADDRESS
CITY
DATE OF BIRTH
PUCE OF BlRTH
ADDRESSOFBUSl~S
LOCATION
LEGAL DESCRlPl'ION OF BUSINESS LOCATION:
LIST OWNERS Of BULLDINQ OR PREMISE TO BE LICENSED:
NAMES:
ADDRESSES:
DATE OF BIRTHS:
MANAG!1l'S NAME!
ADDRESS
PHONE
MAR-26-01 MON 1 :55 PM cry OF FOREST LAKE
FAX KQ 651 464 4968
OPERATOR'S NAME
ADDRESS
PHONE
LiST TWO (2) CHARACTER REFBRBNCES WHO RESIDB IN WASHINGTON COUNTY fOR
EACH OF THE ABOVE:
NAME
ADDRESS
PHONE
HAS APPLICANT AND OR MANAGER EVER. BEEN CONVICTED OF A CRlME, OTHER THAN
A TRAFFIC VIOLATION:
o YES
o NO
IF YES, GIVE SXPLANATION ON A SEPARATE SHEET OF PAPER, INCLUDING TIME. PLACE
AND NATURE OF EACH CRlME OR OFFENSE AND DISPOSITION nmREOF,
LIST ALL CREDITORS INVOL YED IN THE CONSTRUCTION AND MAINTENANCE IN ANY
WAY PROVIDING DE8T Of EQUITY FINANCING TO SAID OPERATION:
LISTCORPORATI:; OIlPARTNERSHlP TITLE. IF ANY
CORPORATE OR. PARTNERSHIP ADDRESS:
LIST ALL OFFICERS. MANAGERS OR DIRECTOR.S, IF COIU'ORA nON:
NAMES:
ADDRESSES:
2
DATE OF BLRTHS:
~ ,
" "
.
,
MAR-26-01 M0N \:56 PM
C:Y OF IGREST LAKE
F'" N'
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p, 3
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Pleaso submit accurate and complete buslnm I'Clcords showina nlllnes SlId lIddrllsses of all
inoivi\luals havina an interest in business includln& partners, officers, owners and credilOrs
furnishing credit for establishment acquisition md maintenance ana furnishinll of aaid bLlSiness.
Please furnish acc;urate docw:nentation estab1l!l.'Ung the interest of the applicllllt and my other
person bavlni lnterHt in the premises upon Which the builQina is proposed to be located or
furnished thereof. The docwnentstion shall be in the form of a ieaso, \loed, contra.::t for deed,
morrgage deed, ate and any oth.cr dlxluments enablishing intel'Clst of the applicant or my other
person in the operation.
PLease provide bLueprints, diagrams, Layouts, etc. showlnll con.,ttuction and or remodeling to the
premises and specifically showing the Layout of the bathing and I'CIStroOtn facilities to be used.
Applicants and his ilSsociates will strictly comply with all reauiatJor.s prornuipted by tho City
Council of F ol'Clst Lake and all ordinances of Sllid municipality.
1 hereby certify that 1 have read the foregoq questions and that the iIllSwers to said questions
are lIUe of my own knowledge. I further understand that an investigation fee, not to exceed
$250.00, shall be charged an applicant by the City.
SignatUl'Ci of Applicllllt
Subscribed And sworn to before me
This day of . :20_
STAMP
Notary Public Signature
My CommiSiliOll Expireli
J
MAR-25-Cl lieN ].57 PM CTY OF FOREST LAKE
FAX NQ 551 454 4968
F. 5
I HEREBY CERTIFY THAT I HAVE READ THE FOROOJNG Q,JESTIONS AND T'MT THE
ANSWERS TO SAID QUESTIONS ARE TAVE OF MY OWN KNOWLllIX;Il. 1 FURThlER
UNDERSTAND THAT AN INVESTIGATION. F!!E NOT TO EXCBED $50.00, MAY SI! CHARGBD
TO AN ~i'LICA..';T BY 'mE CITY. IF CONVIC1'ED OF ANY CRlME OTHER lEAN A TRAFFIC
OI'F.!lNSIl, I WILL REPORT SlJCH C0N\I1CTION TO THl! CITY 01' FOlUlST LAKE
lMMBDIATELY.
SIGNAThllE OF APPLICANT A.."ID DATE SIGNED
I HEREBY Jl.T.J1"HORIZE THE FOI\EST LA.J:<3I'OLlCB DEPT. TO CHECK. MY POLICE !UlCQRD
AND 00 HEREBY RBLBASE TIill CITY OF FORllSr LAKE AND ALL INDIYlDU.....LS
CONNECTED THBRIlwrrd FROM ALL LlA8lUTY FOR DAMAO!! WHA TSO!!VER lNCUR.lljlD
IN FURl'/ISHl.....C SUCH REPORT.
SIGNA Th'RE OF APPLICANT
~~'<"L FEE IS S!O.OO PER C 4.LENDAR YEAR
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MAR-}R,-O'.' MON,1 'R oM (,TV 'F --REO' 'K'"
. ,5, c. V" V 11J" LJI n
FAX NO, 65 J 464 496B
RENEWAL APPLICATION
FOR MASSAGE THERAPIST CERTIFICATIONILICENSE
IN THE CITY OP FOREST LAKE
ORDINANCE 448
RENEWAL YUR.
MASSAGE LOCATION/ADDRESS
HOU~AYSOFOPERAnON
NAME OF AI'PUCANT
(fUll)
(lllldCle)
HOME TELEPHONE N:
(lut)
DATE OF BIl\.TH
SCHOOL i\TTENDED AND DEGREES RECEIVED:
LIST QUALlFlCA TIONS REQUIRED TO PRACTICE MASSAGE:
LIST TWO (2) CHARACTER REI'llRSNCES WHO llJlSIDE IN WASHINGTON COlJNTY: NA.'fES,
ADDRESS It DA TE OF B1ll.TH
HAS APPLICANT EVER ~ CONVICTED Of A CIUME, OTHER THAN A TRAFFIC
VIOLATION? _YES --.NO
IF YES, PLEASE GlVE AN EXPLANATION ON A SEPAllATE PlECE OF PAPER. INCLUDING
TIME, PLACE AND NATURE OF SUCH CRIME Oil OI'l'ENS! AND DISPOSmON TH!:REOP,
THE APPLICANT SHALJ.. PROVlDS THE 1'0LLOWlNO lNFORMA nON:
A. EVIDENCE OF Al'l'LlC.urrs' EDUCATlONlNCLtJDlNG CONTINUING EDUCATION I:F
APPLICABLE.
S. EYlDJ:NCE 01' APPLICANTS' QUALIFICATIONS AND CH/t.RACTBR REFERENCBS.
C. EVIDJ:NCl! IN TIm FORM OF A CUlIRENT CERTIl'ICAtB FROM A LICBNSBD
PHYSICA-N PRACTICING IN MINNESOTA I!IlDICATlNO THAT SAID MASSAGE
'!'HEMPlST W AJj EXAMINED AND IS FRBE OF ANY COMMUNICABLE DISUSE THAT
WOl)1.D DISQUALIFY THE APPLICAi'lT FROM ENGAGING IN nm PRACTIC OF
MASSAGE.
A RENEWAL CERTll'ICATE WILL BE REQUlRSD EACH CALENtlAll YEAR, ALONG WITH A
PHYSICAL EXAMINA nON CllRTIFICA TE, COMPLE'Mm APPUCATION AND RENEWAL FEE
OF $~o.oo. APPUCANTS WILL smen. y COMPI. Y WITH ALL lUlGULA noNS
PROMULGATED BY THIl CITY COUNCIl. OF FOREST LAn AND ALL ORDINANCES Of SAID
MlJI'IICIPLA TV
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CIT'x .oF CENTElRVIJLLE
AN01KA COUNTI, lV~iNNlESOrA
OlRiJlIT1"'iANClE NO. 6i
AI-I aRDINA.l\fCE PRaVIDING FaR THE REGULATI.oN .oF ADULT .oRlENTED
BUSfNESSES IN THE CITY .oF CENTERVILLE; PROVIDING f.oR THE
ISSUA.i'-fCE .of LICENSES AND C.oLLECTI.oN .oF FEES THEREF.oRE;
PR.oVIDING PENALTIES F.oR THE VIOLATIOi\[ THEREOF,
The City Council of the City ofCenterville does ordain as tbllows:
ADlJLT ESTABLISHMENTS
Sedilllll lllPnRll"'lJlllSe ,mli [mlent,
Subdivision 1. Findings It is the purpose ofthis .ordinance to regulate Adult
.oriented Businesses to promote the health, safety, morals, and general welfare of the
citizens of the City and to establish reasonable and uniform regulations to:
(a) Prevent additional criminal :activity within the City;
(b) Prevent deterioration of neighborhoods and its consequent adverse effect
on real estate values of properties within the neighborhood;
(c) To locate Adult .oriented Businesses away from residential areas, schools,
churches, and parks and playgrounds;
(d) Prevent concentration of Adult .oriented Businesses within certain areas of
the City.
Subdivision 2. The provisions of this Ordinance have neither the purpose nor
errect of imposing a limitation or restriction on the content of any communicative
materials, including Adult oriented materials, Similarly, it is not the intent nor effect of
this .ordinance to resh;ct or deny access by adults to Adult oriented materials protected by
the First Amendment, or to deny access by distributors and exhibitors of Adult oriented
entertainment to their intended market.
5<edilllllU 2. [!)<efiroiJtimns.
Subdivision 1. F Cf purposes 0fdll~; section the -ierms derined in this section have
the meanings given them.
ADULTORD.\IVPS
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City of Centerviile
Ordinance #61
Subdivision 2, Adult Use, Any of the activities and businesses described below
constitute" Adult Oriented Businesses" which are subject to the regulation of this
Ordinance.
Subdivision 3. Adult Book and/or Media Store, An establishment which excludes
minors and which has a substantial portion of its stock in trade or stock on display books,
magazines, films, videotape, or other media which are characterized by their emphasis on
matter depicting, describing, or relating to Specified Sexual Activities or Specified
Anatomical Areas,
Subdivision 4, Adult Caharet. An establishment which provides dancing or other
live entertainment, if such establishment excludes minors by virtue of age from all or part
of the establishment and if such dancing or other live entertainment in distinguished or
characterized by an emphasis on the performance, depiction or description of Specified
Sexual Activities or Specified Anatomical Areas,
Subdivision 5, Adult Establishment. Any business which offers its patrons
services, entertainment, or the sale of merchandise characterized by an emphasis on matter
depicting, exposing, describing, discussing, or relating to specified sexual activities or
specified anatomical areas, Specifically included in the term, but without limitation, are
adult book and media stores, adult cabarets, adult hotels or motels, adult mini-motion
picture theaters, adult modeling studios, adult motion picture arcades, adult motion
picture theaters, adult novelty businesses, and other adult establishments,
Subdivision 6. Adult Hotel or Motel, Adult Hotel or Motel means a hotel or
motel form which minors are specifically excluded from patronage and wherein material is
presented which is distinguished or characterized by an emphasis on matter depicting,
describing, or relating to specified sexual activities or specified anatomical areas.
Subdivision 7. Adult Mini-Motion Picture Theater.
(a) A theater in an enclosed building, from which !ninors are excluded from all
or part of the establishment, with a capacity for less than 50 persons used
for presenting motion pictures, including but not limited to film and
videotape, having as a dominant theme material distinguished or
characterized by an emphasis on matter depicting, describing, or relating to
Specified Sexual Activities or Specified Anatomical Areas.
(b) Any business which present motion pictures, from which minors are
excluded from all or pali of the establishment, including films and
videotapes, ha"ing as a dominant theme material distinguished or
characterized by an emphasis on matter depicting, describing, or relating to
Specified Sexual Activities or Specified A.natomical Areas, for viewing on
the premises, including but not limited to private booths, viewing by meailS
!illULfORD\NPS
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City of Centerville
Ordinance #61
of coin operated or other mechanical devices, and the viewing of ,mcerpt of
motion pictures offered for sale or rent.
Subdivision 3. Adult Modeling Studio. An establishment, which excludes minors
from all or part of the establishment, whose major business is the provision, to customers,
or figure models who are so provided with the intent of providing sexual stimulation to
sexual gratification to such customers and who engage in specified sexual activities or
display specified anatomical areas while being observed, painted, painted upon, sketched,
drawn, sculptured, photographed, or otherwise depicted by such customers.
Subdivision 9. Adult Motion Picture Arcade Any place which excludes minors
from all or part ofthe establishment wherein coin or token operated or electronically,
electrically, or mechanically controlled or operated ,till or motor picture machines,
projectors, or other image producing devices are maintained to show images to five or
tewer persons per machine at anyone time, and where the images so displayed are
distinguished or characterized by an emphasis on depicting or describing Specified Sexual
Activities or Specified Anatomical Areas.
Subdivision 10. .'\-dult Motion Picture Theater A theater in ,m enclosed building,
from which minors are excluded from all or part ofthe establishment, with a capacity of
50 or more persons used regularly and routinely tor presenting live entertainment or
motion pictures, including but not limited to film and videotapes, having as a dominant
theme material distinguished or characterized by an emphasis on matter depicting,
describing, or relating to Specified Sexual Activities or Specified Anatomical Areas tor
observation by patrons herein.
Subdivision I!. Adult Novelty Business. A business, from which minors are
exduded from all or pan of the establishment, which sells, offers to sell, or displays
devices which simulate human genitals or devices lNhich are designed tor sexual
stimulation.
Subdi'lision [2. Specified t\natomicai il,.-eas are any afthe Iollowmg conditions:
(a) Less than wmp!etely and opaquely covered;
(1) human genitals, pubic region, or pubic hair;
(2) buttock; and
(3) female breast below a point immediately above ll1e top Dr'the
areola; and
(hi Human male genitals in a discernible turgid state, even if opaqudycovered
Subdi-vision 13. ;S.pecined St';:njai .,c\etivi6e.:: are any of~h~ foHolNingconditions:
(al All act sexual imercourse, normal Of pef'!e:1ed, actual or :simulated,
ADUL TORD.W?S
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City of Centerville
Ordinance #61
including genital-genital, anal-genital, or oral-genital intercourse, whether
between human beings or between a human being and an animal.
(b) Sadomasochistic abuse, meaning tlagellation or torture by or upon a person
who is nude or clad in undergarments or in a revealing costume or the
condition of being fettered, bound, or otherwise physically restricted on the
part of one so clothed,
(c) lVlasturbation or lewd exhibitions ofthe genitals including any explicit,
close.,up representation of a human genital organ clothed or unclothed,
(d) Physical contact or simulated physical contact with the clothed or
unclothed pubic areas Dr buttocks of a human male or female, or the
breasts of a female, whether alone or between members of the same or
opposite sex or between humans and animals in an act of apparent sexual
stimulation or gratification,
Section.3. Application <Ill' this Ol'llIillUllilli'e,
Except as in this Ordinance specifically provided, no structure shall be erected,
converted, enlarged, reconstructed, or altered, and no structure or land shaJJ be used, for
any purpose nor in any manner which is not in conformity with this Ordinance,
No Adult Oriented Business shall engage in any activity or conduct or permit any
other person to engage in any activity or conduct in or about the establishment which is
prohibited by any ordinanclJ of the City ofCenterville, the laws of the State of Minnesota,
or the United States of .<\.'1Ierica, Nothing in this Ordinance shall be construed as
authorizing or permitting conduct which is prohibited or regulated by other statutes or
ordinances, including but not limited to statutes or ordinances prohibiting the exhibition,
sale, or distribution of obscene material g,enerally, or the exhibition, sale, or distribution of
specified materials to minors,
Section 4. Ll)c~tion.
During Ihe teml of this Ordinance, no Adult Oriented Businesses shall be located
less than 500 feet from any residential zoning district boundary or :lite used tor residential
purposes, and less that 500 feel from any church site, from any school site, from any day
care facility, or from any park which is adjacent to property zoned residential. In addition,
no Adult Oriented Business may be located within 500 feet of another Adult Oriented
Business, For purposes of this Ordinance, this distance shall be a horizontal measurement
from the nearest existing .-esidential district boundary or site used tor residential purposes,
church site, school site, day care site, park site, or another Adult Oriented Business site to
the nearest boundary afthe proposed Adult Oriented Business site,
SedliJi1l 5. !fi!G\illT3 llf Ope:rmttioBI.
ADULTORD,WPS
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City of Center'lille
Ordinance #61
No Adult Oriented Business site shall be open to the public from the hours of
Il;OO p.m. to 9:00 a.m.
S.edi~1II 6. Operlltilli1l.
Subdivision I. Off~site 'Viewing. An establishment operating as an Adult Oriented
Business shall prevent off-site viewing of its merchandise, which if viewed by a minor,
would be in violation of Minnesota Statutes Chapter 617 or other applicable Federal or
State Statutes or local ordinances.
Subdi"ision 2. Entrances. Ail entrances to the business, with the exception of
emergency fire exits which are not useable by patrons to enter the business, shall be visible
from a public right-ot~way
Subdivision 3. ~. The layout of the display areas shall be designed so that
the management of the establishment and any law entorcement personnel inside the store
can observe all patrons while they have access to any merchandise offered for sale or
viewing including but not limited to books, magazines, photographs, video tapes, or any
other material.
Subdivision 4. Illumination. Illumination of the premises exterior shall be
adequate to observe the location and activities of all person on the exterior premises.
Subdivision 5. Signs.. Signs tor Adult Onented Businesses shall comply with the
City's Ordinance for signs addressed in ordinance 4, and in addition signs for Adult
Oriented Businesses shall not contain representational depiction of an adult nature or
graphic descriptions of the adult theme of the operation.
S.ec[iroo 1. lLic:eoses.
Subdivision 1. Licenses Required. All establishments. including any l}]wines"
operatmg at the time this .ordinance become effective, operating or intending to operate
Adult Oriented Business, shall apply tor and obtain a license from the City of CentervilIe.
A person is in violation of the City Code if he or she operate an Adult .oriented Business
without a valid license, issued by the City.
Subdivision 2. Applications. An application for a license Irltist be made on a term
provided by the City.
(a) fhe application must be accompanied by a skelch or diagram 3howing the
configuration of the premises, including a statement of total floor .space
occupied by the business. The sketch or diagram need not be
professionally prepared but must be drawn to a desig'1lated scale ordravvil
(>DUL TORD. \;VI'S
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City of Centerville
Ordinance #61
with marked dimensions of the interior of the premises to an accuracy of
plus or minus six inches.
(bj The applicant must be qualified according to the provisions of this section
and the premises mllst be inspected and found to be in compliance with the
appropriate state, county, and local law and codes by the health official, fire
marshal, and building official
(c) Application tor license shall contain the address and legal description of the
property to be used; the names, addresses, phone numbers, dates ofbirtu,
of the owner, lessee, if any, the operator or manager, and all employees;
the name, address, and phone number oftwo persons, who shall be
residents of the State of1\llinnesota, and who may be called upon to attest
to the applicant's, manager's, or operator's character; whether the applicant,
manager, or operator has ever been convicted of a crime or offense other
than a traffic offense and, if so, complete and accurate information the
disposition thereof; tue names and addresses of all creditors of the
applicant, owner, lessee, or manager insofar as the regarding credit which
has been extended for the purposes of constructing, equipping, maintaining,
operating, or furnishing or acquiring the premises, personal effects,
equipment, or anything incident to the establishment, maintenance and
operation ofthe business.
(d) If the application is made on behalf of a corporation, joint business venture,
partnership, or any legally constituted business association, it shall submit
along with its application, accurate and complete business records showing
the names, addresses, and dates of birth of all individuals having an interest
in the business, including partners, officers, owners, and creditors
fumishingcredit for the establishment, acquisition, maintenance, and
furnishings of said business and, in the case of a corporation, the names,
addresses, and dates of birth of all officers, general managers, members of
the board of directors as well as any creditors who have extended credit for
the acquisition, maintenance, operation, or furnishing of the establishment
including the purchase or acquisition of any items of personal property fur
use in said operation.
(e) All applicants shall furnish to the City, along with their applications,
complete and accurate documentation establishing the interest of the
applicant and any other person having an interest in the premises upon
which the building is proposed to be located or the furnishings thereot:
personal property thereof, ar the operation or maintenance thereof
Documentation shall be in the form of a lease, deed, contract for deed,
mortgage deed, mortgage cr,~dit arrangement, loan agreements, security
agreements, and any oth~r documents establishing the interest of the
ADULTORD.\VPS
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City ofCenterville
Ordinance #61
applicant or any other person in the operation, acquisition or maintenance
of the enterprise.
(1) The license fee required by this ordinance has not been paid.
(g) An applicant has been convicted of a crime mvolving any of the following
offenses:
(I) AllY sex crimes as defIned by Minn. Stat 609.29 through 609.352
inclusive or as defined by any ordinance or statute in confuTlllity
therewith;
(2) Any obscenity crime as defined by i'vlinn. Stat. 617.23 through
617.299 inclusive, or as defined by any ordinance or statute in
conformity therewith; lor which
~ less than two years have elapsed since the date of conviction or the
date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor
offense,
. less than five years have elapsed since the date of the last conviction
or the date of release from confinement for the conviction,
whichever is the later date, if the conviction is a felony oliense; Of
. less than five years have elapsed since the date of the last conviction
or the date of release from confinement for the last conviction,
whichever is the later date, if the conviction is of two or more
misdemeanor offenses or combination of misdemeanor offenses
occurring within any 24 month period,
Z 3) The tact that a conviction is being appealed 'lhall have 110 .effect on
di3qtialilk'lIion of The applicant or applicant's spouse,
,
"
SubUi'Jision1. lkqualiticatioo, An aepJicant who has been convicted ,,>fan
,)ffense listed in Section 7, Subdivision' (gj'finay qualif,; lor an Adult Oriented Business
-,
license only when the lime period required by Section 7, Subdivision,J. (gthas dapsed.
J "-
Subdivision l Postil1~ The license, jf granted, shall state on its (ace the name Dr
the person or persons to whom it is granted, the expiration date, and the address of the
Adult Oriented Business, The license shalt be posted in a conspicuous place at or near the
entrance to the Adult Oriented Business 30 that it may be easily read at any time
Subdi'iision?6 Coum~ij Actiml, The City Council shall act to approve Dr
disapprove the license application within 120 days from the dare the application was
ADLJLTORD.lJIil'S
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City of CenterviHe
Ordinance #6]
submitted" provided that the application contains all of the information required by tt..is
ordinance. If the application is deficient, the Council shall act on the application witrun
120 days from the date that the deficiency has been corrected.
Subdivision! A.ppeals. An Within 90 days after the decision by the Council, the
applicant may appeal to the District Court by serving a notice upon the Mayor or Clerk of
the Municipality.
Section 8. ~.
fees shall be set by City Resolution on the fee structure.
Sectioll1l 9. [llIspediol!l.
Subdivision 1. Access. An dPplicant or licensee shall permit health officials,
representatives of the police department, fire department, and building inspection division,
to inspect the premises of an Adult Oriented Business for the purpose of ensuring
compliance with the law, at any time it is occupied or open for business.
Subdivision 2. Refusal to Permit Inspections. A person who operates an ,'\dult
Oriented Business or his agent or employee commits an offense if she or he refuses to
permit a lawful inspection of the premises by health officials, representatives afthe police
department, fire department, and building inspection division at any time it is occupied or
open for business. Refusal to permit inspections may result in the suspension of the
license as provided in Section 11.
Subdivision 3. ~. The provisions oftrus section do not apply to areas of
an adult motel which are currently being rented by a customer for llse as a permanent or
temporary habitation.
Sediiillll 1~. iExp;l'ation \lllui Ri1>neWl1i.
Subdivision 1. Expiration. Each license shall expire at the end of the calendar year
and may be renewed only by making application as provided in Section 7, Subdivision 1.
Application for renewal must be made at least 60 days before the expiration date, and
when made less that 60 days belore the expiration date, the expiration of the license wii!
not be affected
Subdivision 2. Denial of Renewal. When the City denies renewal of a license, the
applicant shall not be issued a license for one year from the date of denial. If, subsequent
to denial, the City finds that the basis for denial ofthe renewal license has been corrected
or abated, the applicant may be granted 11 license if at least 90 days have elapsed since the
dare denial became final.
S~~'li<Jl1lll E. ~lWft.
ADULTOJ.<D.WPS
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City ofCenterviJle
Ordinance #61
Subdivision 1. Cause~of Suspension. The City may suspend II license for a period
not to exceed 30 days jf it determines that a licensee or an employee of a licensee has:
(a) 'IV iolated or is not in compliance with any provision of this chapter.
(b) Engaged in the use of alcoholic beverages while on the Adult Oriented
Business premises other than at an Adult Hotel or Motel.
(c) Refused to allow an inspection of the Adult Oriented Business Premises as
authorized by this chapter.
(d) Knowingly permitted gambling by any person on the Adult Oriented
Business premises.
"~.oj Demonstrated inability to operate or manage an Adult Oriented Business in
a peaceful and law-abiding manner, thus necessitating action by Jaw
enforcement officers.
Subdivision 2. Notice. A suspension by the City shan be proceeded by written
notice to the licensee and a public hearing. The notice shall give at least 10 Jays' notice of
the time and place of the hearing and shall state the natur-e of the charges against the
licensee. The notice may be served UPOIl the licensee personally, or by leaving the same at
the licensed business premises with the person in charge thereof
StctillK! n.R-evocation.
Subdivision I. Suspended {iGenses. The City may revoke a license if acallse of
suspension in Section 11 occurs and the license has been suspended within the preceding
12 months.
Subdivisioil2 GlIl~<:S "fRevocatioll. The City shall revoke a license ifi!
determines that
(a) A license:; giN" false or misleading intormati011 in the Inaterial submitted to
the City during ,he application process;
(b) A licensee Of an :::mpJoyee has knowingly alloweu possessioll, use, or sale
of controlled substances on the premises;
(~) A. licensee or all .employee has knowingly allovved proStitution on .,Ile
pn;mises~
{d) A -liC~:;flsee Of an ;:;nlptoyc~ k.11()'\N!ngly Gper:1r~dd:e AdUlt Oriented BU$in.:s~)
during a period .of time ~N-h.en the licensee! s '!ic~nse "Nas .suspended;
ADULI{)RD,'';VPS
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City of CentervilJe
Ordinance #61
(e)
A licepsee has been convicted of an offense listed in Section 7, Subdivision
Z. $(gY,''for which the time period required in Section 7, Subdivision 3(g):'has
not elapsed; Z
(f)
On two or more occasions within a 12-month period, a person or persons
committed an offense occurring i,n or on the licensed premises of a crime
listed in Section 7, Subdivisiont(g), for which a conviction has been
obtained, and the person or perton were employees of the Adult Oriented
Business at the time the offenses were committed.
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A licensee or an employee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation or masturbation to occur in or on the
licensed premises.
Subdivision 3. Appeals. The facl that a conviction is being appealed shall have no
effect on the revocation ofthe license.
Subdivision 4. Exceptions. Section 12, Subdivision 2(g), does not apply to adult
motels as a ground for revoking the license unless the licensee or employee knowingly
allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual
contact to occur in a public place or within public view.
Subdivision 5. Granting a 1 icense After Revocation. When the City revokes a
license, the revocation shall continue for one year and the licensee shall not be issued an
Adult Oriented Business license tor one year from the date revocation became effective.
If, subsequent to revocation, the City finds that the basis for the revocation has been
corrected or abated, the applicant may be granted a license if at least 90 days have elapsed
since the date the revocation became effective. If the license was revoked under Section
12,Subdivision 2(e), an applicant may not be granted another license until the appropriate
number of years required under Section 7, Subdivision i(g);has elapsed.
1.
Subdivision 6, Notice. A revocation by the City shall be proceeded by written
notice to the licensee and a public hearing, The notice shall give at least 10 day's notice af
the time and place of the hearing and shall state the nature afthe charges against the
licensee. The notice may be served upon the licensee personally, or by leaving the same at
the licensed premises with the person in charge thereof
Sediml [;3, 'l!'r3Il1lSir~!r foil' UiC!:i1I~~,
A licensee 3hall no! transtef this license to another, ,lor shalla licensee 0perate all
Adult Oriented Business under the authority of a license at any place other than ,he
address designated in the application.
Soe1:iiolli 141. S~v'til"aih>ility.
ADULTORD.\VPS
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City of Centerville
Ordinance #6]
Every section, provision, or part of this Ordinance or any pencit issued to this
ordinance is declared severable from every other section, provision, or part thereof to the
extent that if any section, provision, or part of this Ordinance or any pennit issued
pursulUlt to this ordinance shall be held invalid by a court of competent jurisdiction it shall
not invalidate any other section, provision, or part thereof
* * * * * * ;~ * * * * *
Section 2. Effective Date of Ordinance This ordinance shall become effective
upon its passage and publication as provided by law,
Passed by the City Council this ~_ day of
, 1995,
<,"'---"--"(:::'::=- --' 1 ,:" ;:t-J--_
-~........',',.r.~
Tom Wilharber, Mayor
ATTEST
Trodi Breuninger, ~5tll:ll:tCity Clerk
,~DULTORD, 'AiPS
, ,
I,
FEB-28-2002 13:09
LEAGUE OF MN CITIES
P.11Y34
CHAPTER 114: TATIOO AND BODY PIERCING SERVICES
Section
114.01 Definitions
114.02 Prohibitions
114.03 Application for license; fees; is!lUa1lCe
114.04 inspection of facUities
114.05 Suspension or revocation of license
114.06 Consent for performing procedures on persons UDder 18
114.07 Prohibitions relating to persons UDder 18
114.08 Defenses to violations
114.09 Training standards; records; safety and sanitation; equipment
f 114.()1DEFlNITIONS.
For the purpose of this chapter. the following definitions shall apply unless the context clearly
iDdlcates or requires a different meaning.
BOARD OF HEALTH. A Boarcl of Health established under the provisions of M.S. ~ 145A.03,
as It may be amended from time to time. If the city does not have a Board of Health, then this term
means the authority having the duties of a Board of Health in the city, including but not limited to the
COUDty Boarcl of Health.
BODY PIERCING. Includes ear piercing except when the ear piercing procedure is performed with
an ear piercing gun.
BUSINESS. Any entity that provides services for compensation.
EAR PIERCING GUN. A mec.ha.nicaJ device tlIat pierces the ear by forCing a disposable single-use
stud or solid needle throuih the ear.
GUARDIAN. Has the same meaning as in 9 130.1S.
PARENT. Has the same meaning as in ~ 130.15.
TATTOO. Has the same meaning given in M.S. ~ 609.2246, Subd. 2, as it may be amended from
time to time.
19
FEB-28-2la1'l2 13: 11'1
LEi'iGLE OF m CITIES
P.11/34
l
20
Minnesota Basic Code - Business Regulations
i 114.02 PROHIBITIONS.
No person shall do any of the following:
(A) Operate a business that offers tattooing or body piercillg services unless the City Council issues
it a license to do so;
(B) Perform a tattooing or body piercing procedure in a l1lJUll1ef that does not meet the safety and
sanitation standards established by this chapter and any fetleral, state or local laws. lUles or regulations;
(C) Perform a tattooing procedure, body piercing procedure, or ear piercing procedure with an ear
piercing gUll in a manner that does not meet the standards for appropriate disinfection and sterlllzatioll
of invasive equipment or parts of equipment used in performing the procedures established by this
chapter and any federal. state or local laws, rules or regulations.
Penalty, see ~ 10.99
~ 114.03 APPLICATION FOR LICENSE; FEES; ISSUANCE.
(A) A person seeking approval to operate a business that offers tattooing or body piercing services
shall apply to the city on forms the city or the Board of Health shall prescribe and provide. The
applicant shall submit all informatioll the city aod the Board of Health determines is n=ssary to process
the application. The applicant shall include the fee established under the city's Ordinance Establishing
Fees and Charges authorized by ~ 30.11 liS it may be amended trom time to time, or as established by
the Board of Health.
(B) To receive approval to offer tattooing or body piercing services, a business must demonstrate
to the Board of Health the ability to meet the requirements established by this chapter and any federal,
state or local laws. rules or rel:ulations for safe performance' of the tattooing or body piercing
procedures. training of the individuals who perform the procedures, and maintenance of records.
eCl If the Board of Health deterntin.es, following an inspection cOl1ducted under 9 114.04, thaI a
business meets the requirements for approval. il shall so advise the city. The City Council may either
approve or deny the license, or it may delay action for a reasonable period of time as necessary to
complete any Investigation of the application or the applicanl it deems necessary. If the City Council
shall approve the license, the City Clerk shall issue the license to the applicant. If the City Council
denies the license, notice of the denial shall be /liven to the applicant aloog with nocice of the applicanc's
right to appeal the City Council's decision. Approval remains valid for one year unless earlier suspended
or revoked under ~ 114.05. A business's approval may be renewed. Approval is not transferable.
Penalty, see 9 10,99
FEB-28-2e02 13:11
LEAGUE OF MN CITIES
P.12/34
Tattoo and Body Piercing Services
21
f 114,04 INSPECTION OF FAClLmFS.
The Board of Heald:, or a person or another body c1esii11ea by the city, shall conduct atleallt one
inspection of a business prior to approving the business under ~ 114.03 to offer taltOoini or body
pierclni services. The Board may conduct additional inspections as necessary for the approval process.
The Board of Health may inspect ae approved business at any time the Board collSidm necessary. In
an inspection, the Boud of Health shall be given access to the business's premises ac<1 to all records
relevant to the inspectlon,
Penalty, see ~ 10.99
~ 114.05 SUSPENSION OR REVOCATION OF LICENSE.
The City Council may suspend or revoke the approval of a business to offer tattooing or body
piercing services at any time il determincs that the business is being operated in violation of this chapler
or any federal, slate or local laws, rules or regulatlons. Proceedings for suspensions and revocations
shall be conducted in accordance with rules adopted in Chapter 110 for the suspension or revocation of
business licenses.
9 114.06 CONSEl'.'T FOR PERFORMING PROCEDURES ON PERSONS T.JNDER 18.
(A) No person shall perform a tattooing procedure, body piercing procedure, or car piercing
procedure with an ear piercing gun on an individw.! who is under 18 years of age unless consent has
been given by the individual's parent. guardian, or custodian in accordance with division (B) of this
section. The consent must include both the custodial and non-custodial parents, where applicable.
(B) A parent, guardian or custodian of an individw.! UDder age 18 who desires to give consent to
a business to perform on the individual unaer age 18 a tattooing procedure, body piercing procedure,
or ear piercing procedure performed with an ear piercing gun shall do both of the following:
(1) Appeu in person at the business at the time the procedure is performed;
(2) Sign a document provided by the business that explains the manner in which the procedure
will be performed and methoas for proper care of the affected body area following performance of the
procedure.
Penalty, see ~ 10.99
~ 114.07 PROHIBITIONS RELATING TO PERSONS UNDER 18.
(A) (1) unless consent has been given in accordance with ~ 114.06, no individual who is under age
18 shall obtain or attempt to obtaie a tattooing service, body piercing seryice. or ear piercing service
performed with an ear piercing gun.
FEB-28-2802 13:11
I
LERGUE OF ~" CITIES
P.13/34
22
Minnesota Basic Code - Business Regulations
(2) No individual who is uncler age 13 sllall knowingly show or give false informatioIl
concerning the individual's name, age. or other identification for the purpose of obtaining a tattooing
service. body piercing service, or ear piercing service performed with an car piercing gun.
(B) (1) No individual shall knowingly show or give any false information as to the name, age. Of
other identiticatioo of an individual who is under age 18 for the purpose of obtaining for the individual
under age 18 a tattooing service, body piercing service, or ear piercing service perfOl'l1'led with an ear
piercing gun.
(2) No individual shall impersoWltc the parcnt, guardian or custodian of an individual who is
under age 18 for the purpose of obtaining for the Individual under age 18 a tattooing service. body
piercing service, or ear piercini; service performed with an ear piercing gun.
Penalty, see ~ 10.99
~ 114.08 DEFENSES TO VIOLATIONS,
(A) An operacor or employee of a business that performs tattooing services, body piercing services,
or ear piercing services performed with an ear piercing gU,lllllllY not be found guilty of a violation of
! 114.06(A) or any federal. state or locallawl. rules or regulations in which age is an element of the
provisions if:
(1) The individual Obtaining a tattOOing service, body piercing service. or ear piercing service
performed with an ear piercing gun. at the time of so doin:, exhibited to the operator or employee of
the tattooing, body piercing, or ear piercing business a driver's or commercial driver's license or an
identification card issued under state law showing that the individual was then at least age 18;
(2) The operator or employee made a bona fide effort to ascertain the true age of the individual
obtaining a tattooing. body piercing, or ear piercing service by checking the identificatiOn pre!cnced, at
the time of the service, to ascertain that the description on the identification compared with the
appearance of the individual and that the identification had not been altered in any way; and
(3) The operator or employee had reason to believe that the individual obtaining a tattooing.
body piercing, or ear piercing service was at least age 18.
(B) In any action or proceeding before a court of record in which a defense is raised under this
section. the Registrar of Motor Vehicles or the Registrar's Deputy who issued a driver's or commercial
driver's iicense or an identification card shan be permitted to submir certified copies of the records, in
the Registrar's or Deputy's possession, of the issuance in lieu of the testimony of me persollllel of the
Bureau Of Motor Vehicles at the hearing, acllon or proceeding.
FEl3-28-2lael2 13: 12
LEAGUE OF ~~ CITIES
P.14/34
Tattoo and Body Piercin& Servicll!
23
~ 114.09 TRAINING STANDARDS; RECORDS; SAFETY Al''D SAc'IITATlON; EQUIPMENT.
(A) Eacb operator of II business that offers tattooing or body piercing services shall do all of the
following:
(1) Maintain procedures for ensuring !hat the individuals who perform tattooing or body
piercing procedures are adequately trained to perform the procedures properly;
(2) With respect to tattooing services, ma.intaiD written records that include the color.
manufacrorer and lot number of each pigment used for each tattoo perfOrmed;
(3) Comply with the safety and sanitation requirements for preventing transmission of
infectious diseases, as establisbed in any federal, state or localla:""s, rules or regulations;
(4) Require the individuals who perform tattooing and body piercing procedures to disinfect
and sterili.Le aU invasive equipment or parts of equipment used in performinll the procedures by using
methods that meet the disinfection and sterilization requirements established in any federal, state or local
laws, rules or regulations;
(5) Ensure that weekly tests of the business's beat sterilization devices are performed to
determine wbether the devices a:re functioning properly. In having the devices tested, the operator of
the business shall use a biological monitoring system that indicates whether the devices are kllling
microorga.riisms. If a test indicates that a device is not functioning properly, the operator shall take
immediate remedial action to ensure that heat sterilization is being accomplished. The operator shall
maintain documentation that the weekly tests a:re being performed. To comply with the documentation
requirement, the documents must consist of a log that indicates the date on which eacn test is performed
and the Ilame of the person who performed the test or. if a test was conducted by an independent testing
entity, a copy of the entity's testing report. The operator shall maintain records of each test performed
for at least two yeats.
(B) Each operator of a business that offers ear piercinil services performed with an ear piercing gun
sball require the individuals who perform the ear piercing services to disinfect and sterilize the ear
piercing gun by using chemical solutions that meet the disinfectloD. and sterUization requirements
established in any federal, state or locailaws. rules or regulations.
Penalty, see ~ 10.99
m. APPEARA~CES , . , ", t:f\'...(\''''F' ~, '
- e;"J\L",~\l~ ILI,.%N>\"'~ . ~ ,. .i\..,..{ ., (f ,"~ '
IV. OLD BUSINESS I It,);.?' ;;>'."\, ~0 0!"'o0.~C)',
.~\ "'1 I' 'r L)' 0\ ./, ,IJi><Y" vf''';
NEW BUSINESS ~\ J,~ !-pC) i;Y's / \>"" ("~\,,
L Pro""'" """"""..:~,,{ ""t%U'; :;~.o~ W_ ,-rr~)
on Peltier Lake fJd"1 ,.' /J
..2. ./ Ordm:mce #61 -:'-dult Esta~lis~ents (City ofCenterville. 's) .' .JD,O'I ..//
'j ./" a. City ofLakeville w/ApplicatlOn Form / I'^rf>Si\)~ "Q'",,,JGL /
'.' L' ! Lt- b. City of Forest Lake w/Application Form ..f Y." "\I,d ~ C "! q f,.t ,,0 C.."n/.:L"<. :L z"" 'I
<:, L [,.I' 5 \ c. City of Bloomington ~I:.. ' .
jJL }J}.'NI',"C-'L \ d. City of Ham Lake 7 ,,\ / \bi"\~~ ret(f',C.i-.,,;j':, ,
C' e. CityofLittleCanadaw/ApplicationForrns o-l!<'P . l" '. I
f. City of Minnetonka w/Application Form 'J"",w:i cc,..,(,l.t.',vs
g. City ofLino Lakes
h. City of Circle Pines
i. City of Cosmos
LiquorfIobacco Work Session Update 1-
/1'~k ft(
1. Right-of-Way Ordinance' ~ ~
vn. CONSIDERATION OF MINUTES J) D ~
{tWO ~ "f
February 5. 2002 Planning and Zoning Meeting Minutes r J
r
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tervi{{e
'Esta6fislicl1857
PLANNING AND ZONING COMMITTEE
I.
CALL TO ORDER
MEETING AGENDA
TUESDAY, MARCH 5, 2002
6:30 p.m. \
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1. Roll Call
II. PUBLIC HEARING (S)
v.
3.
VI.
DISCUSSION ITEMS
1 I '.
,-' ).-M''t1\> A
1.
VIII. ADJOURNMENT
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'Istafj[L<lied 189
MEMO
DATE:
March 1, 2002
TO:
Planning and Zoning Commission
Park and Recreation Commission
FROM:
Kim Moore-Sykes, City Administrator
RE:
Public Input to Consider Proposed Ordinance 68 - No Wake Zone on
Peltier Lake
.........................................................................
The Cities of Lino Lake and Centerville have been asked by concerned lake residents and
representatives from the Department of Natural Resources to consider adopting a no
wake ordinance for the northern section of Peltier Lake in order to protect a large rookery
that exists there. While no public hearing is necessary,* the City Council has scheduled
opportunities for public input of this proposed ordinance during the next two Council
meetings. The Council would like to invite your membership to attend any or all of the
meetings scheduled for this issue.
Meetine Dates for the Adoption of the No Wake Zone on Lake Peltier:
2/6 Wed. Introduce topic to Lino Lakes - get approval for public hearing
2/7 Thurs. Environmental Committee meeting
~ 2/13 Wed. Introduce topic to Centerville Council
2/20 Wed. Worksession with Lino Lakes
2/25 Mon. Lino Lakes Council Meeting
· 3/5 Tues. Introduce proposed Ordinance at Centerville Planning and Zoning Meeting
3/11 Mon. First Public Hearing in Lino Lakes
· 3/13 Wed. First Public Input meeting at Centerville
3/25 Mon. Second Public Hearing in Lino Lakes
· 3/27 Wed. Second Public Input at Centerville Council Meeting; vote to be taken
· 4/27 Sat. Ordinance becomes effective
· Centerville meeting dates
*Minnesota Statutes requires public hearings to be noticed for ten business days when the
public hearing is for zoning and planning issues, local improvements, Boards of Review
and special assessments.
CITY OF CENTERVILLE
CITY COUNCIL WORK SESSION MEETING
FEBRUARY 20, 2002
6:30 p.m.
PRESENT: Mayor Tim Swedberg
Council Member Mary Capra
Council Member Mari Nelson
Council Member Linda Broussard Vickers
ABSENT: Council Member Dick Travis
STAFF: City Administrator Ms. Kim Moore-Sykes
City ClerklTreasurer Ms. Teresa Bender
GUESTS: Centennial Police Chief Joel Heckman
Michael McManus, MN Depart of Public Safety, Alcohol & Gambling, Enforcement
Allen Erickson, MN Depart of Public Safety, Alcohol & Gambling, Application
L1QUIOR LICENSEES:
Mr. Paul Montain, Trio Inn
Mr. Bill Bisek, Kelly's
Mr. Rich DeFoe, Waterworks Beach Club
Mr. Terry Sager, Sager's Liquor
Mr. Ken Vanderbeck, Wise Guy's Pizza
Chief Heckman: The police department needs at least one workweek for application
processing. The two top problems are Underaae Drinking and DUI's.
Mr. McManus: local laws can be more strict than state laws. Recommend City
Ordinances clarify and define the Minnesota laws. Recommend the
use of the word .may" instead of .shall and will" in ordinance. Often the
city has an evacuation reauirement included in their ordinance. The
two top problems are Underaae Drinking and DUI's.
Mr. Erickson: The state gets the application to the city 4-6 weeks in advance of due
date.
Mr. Montain: Concerned about the city "micro managing" the liquor establishments.
Does not want the city telling the bars who, when, or where specific
classes are required. Trio uses "bar time" (extra 15 minutes), at 1 :00
am no further sale, at 1: 15 am off the bar, and at 1 :30 out the door.
Mr. DeFoe: Expressed concern about what is the goal of the ordinance and/or
further restrictions? Concerned about the too strict penalties in the
Plymouth Ordinance. The licensed owner can do all the "right" things
and still end up having something go wrong.
Conclusion: Provide an ordinance that will clarify what is expected in the application
process, the rules required, and the consequences for rule violations.
l
,
l _ _
.1/.. II
IVieh\....C\.
t.l.tv. .'
TO: Honorable Chair and Commission Members
FROM: Staff
SUBJECT: LiquorlTobacco Work Session Update
DATE: March 1,2002
Please find the attached copy of the Work Session meeting minutes for your review. An
additional meeting is scheduled for March 20, 2002.
~
LeagUfI of M;nnuola Cilia
Citi.. "",..om." -0..-
Classification
Municipality
Date
Research and Information Service
~);'~"\OlW~pE o. 6~O
tr t''<''l:iTYO~
,DAKO'l'.A cobNTY, , . ,'d,
.'AN ORD~ANCE AMENDING TITLE 3 OF TIlE.
. LAKEVILLE Cny CODERY ADDING __ ',.
"CHAPTER 10CONcE8.NlNG L1CENSlNliOF .
,~ PERSONS WHO ADMINlSTER M..\,SS,\(lES"
THE CITY COUNCIL OF THE ~ITY OF'.
LAKEVlLLE ORDAINS: '. . ., ,
. S-t1nn 1 Title 3 ot the Lakeville City Code. is
amended I?y adding Chapter 16 to read: '. ,.
3-1ll-1: PURPOSE, .,", .
. .&tlia ~btJllmAnt. In order to protect ~.~. ~u_blic;:.
health safety, aOd weltare ..ud to guard agiili1St,the
ineeptlonand transm:iasionofdisease. the CityCoun~
cil deems it necessary to provide ~o~ the re~UoQ
and Ueensinr of persona who adIDJ.D18ter m~8. ,;,'
3-10-2: DEFniITtONS. . ' " ':'c' ,~
Aa used in tbisChapter, the terms defined in this
;~ction shall bave the.following me~nga a~bet,
to them: .,' . -,',' _ 'L~::'"
Massage: The robbin,. stroking, ~eading., tap.,
ping orrollingotthe body olanother With the hands ,~'
or objects Cor the u.clusive purpose or ,p~~ fit- c:'
ness, relaxation, beautification, and Cor ~ other .;,
purpose.. . .. '
Ma.sS8ur: A male person who practices or a~mm-
isters a massage. .
MasstU$t: A female person who practices or ad. ,.
ministers a massage. .
3-10-3: UCENSE REQUIRED.
No person shall engage ~ or hold ~iDlBelf or
herself out as being engaged In the practice of mas-
pge Dor shall any person administer or pl'tlctice
massage commercially or f~r tu..rt:. or for the ez-
change of any va1u~b1e consldera.tloD Wl~out ~
having obtained. a Ucell8e as hereul provid~';.:-c'"
3-164: CONTENTS OF THE APPLlCATIONFOR
LICENSE. .' .
A. ~ Application shaH be made aD forms pro-
vided by the City Adminiatrato~ "
B. AnnHr.ftHnn' The .t.pplieation shall eontain--.the,,..
following information together with 'any other
intonnation which the City Administ;:r'ator Dl8>:' ~
require: . .
1. Evidence of the appli~ant's training and ~r-
tttieatiol\. by the Amerieo.n MaS-s~ge Therapy
AssociatioD.
2. Evidence of applicant's practical qualifica-
tions to practice massage.
3. Evidellce that the applicant is of good m.oral
cnaramr.
4. The names and addresses of two persons who
are residents of Dakota County and who can
attest to the applicant's character.
5. Statement disclosing whether the applicant
haa ever been convicted of a c.rime or offense
and, if so, infotmation 8S to the time, place,
and nature of such crime or offense.
'6. Evidence that the applicant is at least cigh~
teen (18) years of age.
L
3-16-5: GRANTING OR DENIAL OF LICENSES:
AND CERTIFICATES. . :.:
A. AnnlieRt.ion~. License applications shal('" ...... . '(:l:"
be reviewed by the Police Department and auch'1' ~~'
other departments as the City AdministratOr' ~ ~~~~:~
shall deem necessary. LicensesshBUbeias. Ued._b. Y...<~ .,,::p~91. "'~.-'; 'N .~S. !'T.'.:"-
the City Administrator. [fthe City Administra~ijl. ",'~~~ilbde
tor refuses to issu~ a license! the decision ~~:b.8. '~::<~~~~,e~....~~~
appealed to t;he City CounCIl. ., :u,:_~_:,.:~ ~~~~~~~~,.it. . I
ll, IoxmIlf~AUcens.p.rmJttinBthehoId.'1"' :D..'C<lj"'Cti""i/f' . '11
there.ofto.practice or administer massage ~iD~ ,,':jti~~€i~:~:. "
;:,.(r:~~=::::':d;~l~ll~~~~the~~h~rnldye:f~;" 0;;.~~~.g~'~::::..~~.f!rra~.'ir:h.".1kO' '."'''.''e.nse,'ijJ4... '~.-.' J~.:u. ~i
<<cense~~ttingan a.OWUlg 0 er~L~,:;",",--;",':r-'~'" ,._....,~:~~~7:I~~~'~:;;:~:~H.~J~ :
to a~nuluster or p~actice massage !or the, ~~J~ -:~~18-9tE~C;EP1'~Om?..;~;tj~_,~~,;;.;!.;;j"""}i~~~,, ;
ceedmg year. All-licenses shall be Issuedtorl(-j; ~'~t..,'11$. o~a~!i!d98&.not ap~y,to~.~ ,":;''> _,'.., ,
. term expit-4!g on-December 31st Col~~:1.e.~~ i:~"A~.rio...9,pra~g'~~~i?li-al'i.'l;l..f i
isaullme. . .' , , :. _, ',_,,'.''ttuj _ .,;'iagh'Oee,orotJmr'Uiit.iflltidn(o'r 'e' . ~~
. - .,' ~');Oo~*~'r -;~":~;t1~#'.or'C.iireothumAiibeuip-"1ite .., "the
3-16-6: LICENSE AND INVESTIGATION ~EIM:; ":,p"1_oiis or:M!n1>-~tot.-.."j:..:i;if'~~gh
. TheUtenae~d1tl.vestiga~onreea~au. e...~b:-Ii;, ,,"~~'~1"'.69. ;~..-~.: _i-l~"'~~;ii~. .'i.irK{#:f!t~~.i~:':;- ._"
lished by resolutioQ...ofthe CIty CouDcll. ! .., ;~''i.~ . .'~ -' . ,...1 '-'J....-:....t~~.:......'Jy:'3;.~' '.' 'I
. - . ',,:-II'~~, '....'.- B.~By a li~d DU1'8e.JieeQied.~ doctor:
3-1ll-7:CONDITIONSGOVERNlNGISSUANCEOF:, _ :li..nsedP.<>diatriat,li~c:b\lppoiiel9. or.the~
A UCENSE.. , . . '. :: ','" ,c:beaJtb..... profemoiW lJceIlSOd hy lwtSiale 0
A. Anphcant Licenses shall be issued only to ~z:'-:,~,-,. MinnesOta, or by 8Osneau,'eDiployed liy"8ii:Cti, an
sona of good moral character and repute and-;'; ~:,~:~'individ~andwo~UIldertheir8u~olL
.. personawhoareingoOdhealthaDd!rtte~~.'._ :-., " _ ;,:':t",-:r ~ '.'". - ';::' --'::',~:''''-r'::.-;;;,:\:?;;~: _ ,_
CODlJQUDicable disease. ";:',:..:....'"i~.~:",;_ 'BGiD.u.2..~ordin~8hD:ii'be8ffectiftlamiecu~
B. 1i:ai.uiu: lUUi Certifir.lIt.inn LicenSes may be:~~: .:a.~1y Upon ItS p~~sap ~if ~6~~a:'rh,.~A~"',
8Ued only to peraoQS who have eom.pleted atlea8t' '.;. "~~~ADO~D this ~~thday or A~gWjt.:.l~4.'~the
one hWl4red (lOO) ho\U'l of trainin, in massage' ~ty,,90un~ of the CIty oC ~erille.,. .(..;> _.
and have been certified by the American M88~ CITY OFt.AKEVILLE
sage_Therapy Association. "~_J,__. ~ .;l5!:~.P.s~",~~..~~,~r
C. irlru:Qf&uu..Licenses may be l8Bued only to ->~:~'\:c.',;1,i)t,;j, ~ ,,,,~..~,)-'~_:'h'''''_' _. _ '_ ""'~.ATl'EST:
.~1'801l8 free fniIn ~nvictioll8 or offenses which :'-~~':;~'I:~\:).;;jsj;. . (~eDe<;Friedges.City Clert
mvolve moral turpitude or which rela.te directly ~ IlIlhl1 Ld:evar.IA_~'lliiiilii.i~ZllJN)-' ": ",
to the person's ability, capacity, or fitness to --. .', .. --' .~-'" .........
perform the duties and discharge the reapo08i~
bilittes of the ~pation. .
D. I!rislr: RA~tlIf:inn Licenses may not be' issued to
persons who. within one year prior to the. date, or
applieatio~ have been denied ,licensing or who
have had their license revoked or suspended by
any community, paHtic=al entity, or by tho St.ate
. of Minnesota.
Eo CnnMrAt.ion gf AnDIi~Ant.. Licenses may be is.
sued, only to persons who have Cully and truth-
fully answered all of the inf'orruatiol1 requested.
in the applicatioD and have paid the full license
tee and investigation fee.
F. Au. Licenses may be issued only to personS
eighteen US) years of age or older.
3-10-6: REVOCATION, SUSPENSION. OR
NONEENEWAL OF LICENSE,
The license may be revoked. suspended, or not
telll!lwed by the City Administrator by showing that
the Ucensee has engaged in any oC the following
col1duct: . .
A Fraud. deception. or misrepresentation in COn-
nection with the aacurini of the license.
8. Habitual drwlkenness or intemperance in the.
use oiel-rugs. includipgbut Qat limited to the use
of drugs defined in either 26 U.S.C. ~ 4731 or
Minn. Stal f 152.02. barbiturates, halll1-Cino-
~enic drugs, amphetaminell, benzedrine
, 'dezedrine, or othersedatives. depressants. stimu~
Mts. or tranquilizers.
MAR-2?-2001 1~:02
612 985 4499 P.02/04
..
CITY OF LAKEVILLE
THERAPEUTIC MASSAGE PRACTITIONER
LICENSE APPLICATION
(Type or Print)
Applicant Name
Firs!
Middle
Last
Home Address
Scree!
City
State
Zip
Telephone Number (includina area cOde)
Dat<: of Birth
I I
~--
How long have you worke4 as a massage practitloner'1
List placets) of employment in this field for !be past fIVe- (j) years; include addre8se~ and celephoae
nwnbe,,:
List your prescnt employer, aderess and telephone number:
Have you been licensed as" massage therapiSt in another municipalIty? Yes_ 1'10_ If yes.
Where
When
Have you ev~r been convicted of any felony, crime or vlolativn cf any citY or<:linance other than rraffle
rela:ed? Yes No
!fye., piease ~ete the fOllOwing'
nate of aneSl
Municipality of arrest..
Charge
Date of convictloil
Sentence received__
1111i99
MAR-27-2Q"l 1":03
612 985 4499 P.03/04
,
Have )'ou over had a Iicenae denied, revoked or suspended'?
If yos. please COl!Iplcu: the fallowing:
%e~? W~n?
Type of lk:ense
Roasoo for revocation
Have you ever been committed for one of the following?
Psychologicalproblelll$_ lnebriation_ Drui Use_ Alcohol Use_
Other
At what loeatlon(s) ill the elly will you perform massages? .
WlIl you be le-asini propeny for merapeulic massago bUsiness? Yes_ No_
rr yes. please provide. copy of tl:e lease and the OW!l8rs name, llddross and telephone numbee
List the name aad address of two persons who are residents of D.ko13 COilllly who can atte't [Q YOOI
c!l3racter:
TelephOne ~o,
Telephone No.
Please proviae your principal address for the last 10 years:
Have you received formal u'aioing in massage' Yes_ Na_
If yes. please complete Lie follOWing:
Name of School anc Address
Dares attended
HO\lfs at training
Diploma received
By whom is the school accredited?
1_ _
t-1;:;:1-27-201l1 10' 03
612 985 4499 P.04/04
.
Please read the following swemen~ carefully. By signing below. you agree to and are bound by each
iltm.
· lllave MCeived from me City of Lake"ille s copy of the Therapeutic MsssaF Ordil1Allce and will
familiarize myself with its provisions.
· J understand that a criminal convlctiOll will not bat me from obtaining a license unless the
conviction is <lireclly ~lated to the o<:cupatlon fer which the license is sought and there is no
showlllg of sufficient rehabilitation and present fitness to perfom. the dulles of the occupatlOll. 1
understand lbat failu~ to reveal a criminal COnviction is falsiflCatlon of the application and
COllsUlU7es ifOunds for denial of the Jjcell~.
· The lnforrnalfon I have provWed on this application is truthful. I authorize the City of Lakeville to
investigate the Information and cOlllicl persons/organizations name4 on this application.
Signature of Applicam
Subscribed anc! sworn to before me. a Notary Public, on this _ day of
Notary Public
Attach along With this application:
(T1Iese items will nor be returned to rile applicarn!
1, Evidence of the applicant's educational qualifications, including oriiiuals or certified
copies of deirees, diplomas and certificate from a certified school when~ this training
was received
2 _ A recent photograph
3. Copy of birth e,mitlcate or naturalization !lIlpers
4. Copy of lease fOt bl.lilding to house business (Only If renting)
Return completed application, along w;ttl attaChments, to the City Clerk's 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
MI'FI-2'7-200119 :i;l2
612 985 4499 P, 82-"04
CITY OF LAKEVILLE
THERAPEUTIC MASSAGE PRACTITIONER
LICENSE APPLICATION
(Type or Print)
Applicant Name
First
Middle
Las!
Home Address
Street
City
Stale
Zip
Telephone Number (including w>a ClXle)
Darc of Birth -.-! -.-!_
How long have you worked u a massage practitlCller'l
Ust p(sce(s) of employment in this field for the past five- ($) years; include sddresses and rekphone
nwnbers:
List your presenr employer, ade!ess and telephone number:
Have you been licensed as a massage therapiSt in another municipality' Yes_ ,,"0_ If yes.
Where
When
Have you eVer been convicted of any felony, crime or vIolation cf any city ordinance other than traffic
rela:ed? Yes ,'10
If yes, please eornplere:l1e following:
Dale of arreSl Municipality of arrest _
Charge
Dale of convictio:l
Sentence receive<1_
1111i~9
l _
MRR-2'7-2<lQl 10: ro
612 985 4499 P.03'84
Have you ever had a liceIUe deniOO, ~voked or suspended?
If yes, please COmplete the rollowlna;:
Where? Wtu:n?
TYJ'e of iicense
Reason tor rewx:alloll
Have you ever been committed for one of the foHowing?
Psychological problelllS_ Inebri.ation__ Druit Use_ Alcohol Use_
Other
At what location(s) in the City wUl you )lerform massages?
Will you be Ie-Wi properly for llIerapeutic II'-ilssage business? Yes_ No_
If Yes. please provide a copy of tt.e lease and the owners name. address and telephone: oumber:
Ust the name and address of rHo persons who are reSIdents of Dakota County who can atte't to your
character;
Telephone "'0,
Telephone No.
Please provide your prlllcipal address for the last 10 years:
Have you received formal traicing in l11llssage'? Yes_ Na_
If yes. please complete me follOWing:
Name of School and Address
Dare. altended
Hours of ll'ailling
Diploma received
By whom i! the school accredIted?
".--
r'I~-27-2el~l 10: 03
~12 985 4499 P.04/04
Please rlllld the following stalements c~f"IJy _ By signing below, you agree to and are bound by each
item.
· 1 have received from the City of Lakeville a copy of the Therapeutic Massage Ordinance and wili
t'.4llliliarize lnyself with its provi~iolU.
. I understand that a cri1ninal convk:tion will 11O[ bar me from obtaining a license unless the
cGnviclion is directly related to tile occupation for which the license is sought aDd tIlere is no
showing of sut't\clent rellabllllatlon and pre,elll tillle$S to perform the duties of the oc:cupadon. I
underSWld that fallure to reveal a crlll1ilul! eonvictiOllls tillsiflCatlon of the application and
constilUtes grounds for denial of the license,
. The informatlon I have provided on this application is truthful. I authorize the City of Lakeville to
investigate the information and conillcl peroonslOl'llan.i.l:ations named On this application.
SiiDature of Applicant
Subscribed and sworn to before me. a Notary PIIblic, on this _ day of
Notary Public
Attach along With this application:
(TI1ese items will not be returned to the applicant)
1, Evidence of the applicanr's educational qualifications, inclUding oriiinals Qf certified
copie, of deifees, l2iplornas and certificate from a certified school where this training
was received
2. A recent photograph
3 - Copy of oirth certificate or naruraJi2ation papers
4. Copy of lease for building (0 house busmess (Only jf renting)
Return completed application, along witll attachments. to the City Clerk'lj office at City
Hall, 20195 Holyoke Avenue. betlAieen the hours or 8:00 a-m. end 4:30 p.m., Monday
through Frias y.
TOTAL P.84
LMc
lAagutl 0/ Mi"nG.ola CitHu
Cib"u ",.,mOO"g a411Ta.c.
7
:~
.l.. ClTYOFFOIU;ST~';;4;
1\ ORDINANCENO.448 .,.....
AN ORDINANCE TO LICENSEAJil5
REGULATE SAUNAS AND MASSAGE
PAlIL()RS IN-THE CITY OF FOIlES\'
-LAKE. .'-- - . :-'(
The City Council of the elly of FOriiil
Lake, Minnesota herebyordalns; ',- <-Z:
That Cl>apter 29 0' tho City CodO 01 U;';;
City of Forest Lake " .......", repeoJe!!
and a new Chapter 29l$ subsUtuted IIilfi
plaee as fQUows:.,:.9".$.~
ClIAPTER29' c,l!t;
SAUNA AND MASSAGE PARLORS'''~
See. 29.0' STATEMENT OF POLICY"
The Clly Cowlcll of the City 01 F.....
lAe ...... It necessary to jlroYtdelor
the IpedaI and expreM regu1athjqY.,
bushl;"""'cb or eomm~ ~<
w operate as massale parJon;iaUo:
ass and similar adult orientated ~'
es operating under different 'Umed:fii
order 10 prote<' the pIlblle _Ih, oi(e4'.
and weUare and to guard agaiDatt6lf~7
ception and transmisstoa of discase':t'tiIe
City CawlcfIlurther /bWs lhat ==
cial .......,..,... such as the ~.
scribed above. and all otbet'ilinl'-1(
establishments whose serViceS: laduilro
...moos 011..... to adults, ~"':li!
private by Memben of the ...... .'lit"'"..
opposite sex.. and employiDa -, .--.'
with. DO sl;l8Cialized tralniDg, are ., .-
UbJo to apcraUoo in a JJUlImeJ" ~
venIng, lubvertl11g or ~lhO
morals of the eommlUlity by beb'Ir:ttae
site 0( acts ot~titudoa. .lIllclC SU" ilXl
,....10" 01 violilifatm.., 16u,"~
ingcl...tnspeeli...~~_rojl\i'.
laUon." ,.'<,'"', ....IIt! - i:,\"'f_'
_1beClty_~also~.~~.#
ttol anef regulation ot commercial
estabUshmenta or these typtS, In view 0(
the abuses'often perpetrated., require in-
t.ensiveeUorts by thePoUce~t
and other departmenls of the Cily; Asa
consequence, the COO('entrated use, III
City services In such control ~tracts
fram and reduces the level of aervlce- .
.\'aiJabJe t.a tbe resl 01 tbe conunwIit:y
and thereby diminishes the ability of the
City to promote the general health. wel--
fare, morals'and safety of the eommuat.
ly.
Sec. 29.02 DEFINITIONS
As used in this Chapter the terms de-
fined shall have the meanings aacrlbed
tol:hem, '
(a) Busines$ License: A license lssucd
by the City aulhortling the practlce'Or
administering oC, massage << Ute 0pera-
tion of a sauna on premises witbln the
City of Forest Lake. .
(bl Massage: The rubblng, Strotiag,
kneadlng, lapping or rolling 0( the body
01 another With the band:! for tmtexd~
sive purpooe of physical "tness; reIax.
alion, beauUficaUOb and for bO other
p...".... .
Research and Information Service
(c) Massage Cettificate: A eertificate
Issued by ~ City to . D:laJ&CUI'Or mas-
seuse authOrizins tbe- bolder' tbereol to
practke oradmlniater. massage In the
CJtyofFon~tl..ake. .-~. '
. (d) ~ Parlor: Any premise$ at
or In whicb~ce is performed. . .
. (e)~: AmaJB~W~prac.
tieeaoradnUDistersmassage.",'. ,'"
(f) ~: A female person Who
practices Off lidmllllaten massage,
(g) saun:!,: A steam bath orbeat lNJth-
ing room ~ for the purpose of bath-
Ing, re18JiDg.~ reducing utilizing steam
or hot air .. a cleaning, relaxing or re-
dudog'ageol. ' .
D~GulSilED 29.ll3MASSAGE,
The practlee of massage Is hereby de-
clared to 00 distinct from the practice of
medicine, sUrgery, osteopathy; Chir0-
practic, ph~lcal therapy, or ~.try
and penom;.:dl.I.W..Ucenstd,bt this State to:
practice~, ItU"gBrY, ostOOpathJr.'
chiropractic, pby!&lCaI tberapy; Or~-
try, and nlU'SeS who work solely ~
the direction oIsUc:b pe:rsOas; are l1erdJ)' 1 "! '
.....".}y~J......lI!":~~',
of lIlIs Chapt<r:s.auly 'eul",""" ai>d
barbers who do not give, or bold, ~-
selves out to give, massage treatmeD!S.'
as defined. hereiQ. otber than is cua~
arily given In such shops or placs: 'I.
busineSS. lor the purpose of beaU~~.
tion oDly shall be exempt frolD. the~;
SiObS of this Chapter. . ,',i'f.-.f.l
Athletic di.r'e(tonf and trainett.",lf.tJIJe!
perform massages in the ~ .o(~,'i
athletic program. or event wbich ls,~,:!
sore<! by a local unit o( governmerit, ,~"
na fide educaUooal Institutlon com, p1y~ 1\
inS with state or local regulatloos. bona
fide churches, synagogues or lIIsUt.u-'
tions of organited religion or bona Ode.
non-profit civic organizalioos are ex.
pressly excluded (rom the requirements \
of Uris Chaplet' provided that the per.
fonning of massages is subsidiary to the
performing of other services and tasks. ,
~ Sec. 29.04 BUSINESS LICENSE HE- )
QUlRED' I
Subd. 1. No person shall engage Ia the. I
busineiS {Jf Dpcraling a sauna or mas- ;
sage parlor either exclusively or in cOD. II
nection with any other busineSS enter-
prise without obtaining a busbJes4
"cense as provided 1b this Chaplet'.
Subci. 2. Whenevet' any establishment'
ceases to be licenseO as a massage par-"
lor or sauna whether through the sus.
pension, cancelmUon, revocation,'~
newal or lapse of its license, its owners :
shall Immediately l:'emove from public
view any sign or display which identifle5
the establishmen. t as being a sauna or ~'
massage parlor or as offering sauna or
massage services.
See. 29.05 CONTENTS OF APPLICA.
TION FOR BUSINESS LICENSE i
Application for a buaiaesS license
shall be made only on the forms provid-
ed by (be City CIerlt. Four complete c0p-
ies of the applicaUon sba1l be furnished
to the office of the City Clerk COGtaining
the following information:
tal addre$s and legal description 0{
the property to be used;
lbl the names, addresses and phone
nwnbers of the owner, lessee, if any,
and tne operataf'"ot manager:
(c) the name, address and telephone
number of two persons who sbaII be resi.
dents o( Washington County and who
may be called upon to attest to the appli.
eanfs, manager's or operator's charnc. '
ter:
Classification
~Cj r-
.fr;vQ,st Ww
~
Municipality
Date
SeC. 29.117 GRANTING 011 DENIAl
OF LICENSES .
License app1lcaUona aball be revlewec
(d) whethtr tbe applicant, manager or by the poJJcr ~ PJa.lUliDc De.
operator has ever heeD coaviCted of a partment. aDd JUCb other ~~
crime or offease other thaa a traffic:: of. The the Cfty Clerk sbaD deem DIlCIlIIU')'
fense and, If so, complete and accurate of tbe~~i~= :,~~
information as to the time, place and na- UGb by the Building lDapector. Fin
ture of such crime or offense including Department to determioe wbetbC:f'the
lhedisposlUontbereol; . PrenUses conforms to aU a~ble
(e} the Damell and addresses. 01. all COOe teQUlremeQt3, F-- ~~
creditors o! the applicant, owner, JesSee, shall be made in writing to the'.-Ctly
or managel" IDSOfar as and regarding Clerk. Thereafter, UQeDSeS abaIl.be
credit which bas been extended (or the granted or denied by tile CJ:tr CJed: sUb.
purposes 01 ",..tru<ih>g, equipping. )eel to the provislons. of l6b aia1>ter
:~~ ~:::es~ ~~:. ~.,appliC8Dt ~y a~;~;u.e.:1=itj
feels, equipment or anything incldeu:t to Council from the CIert's ~~'~
the atabJisbmeGt, maintemDceand op- See. 29.08 CONDlTIONSGOV2RN-
eration of the massage parlor or mas. ING ISSUANCE OF A. BUSlNEss'LJ
sage estabUshment; . ...' CENSE '.' . -
en ff the apptication Is made Od behaU ,Subd: I., No ~ liceD8e..shaQ be
of a corporation. joint business VeDture, tssued if the applicant or any of itS own.
partnersbip or any legally constituted ers, ~etS, managers, employees or
business association, It shaU aufunlt agents IS a pet'SOQ of bad repute
along with lls appUcatlotl. accurate'and Subd. 2. Busint:sa licenses ~'be is-
complete busineA records sbowiDa the sued only tr the applicant and aU of its
names and addresses or alllDdividuaIs 0WIH!r5. lessees, managers, employees
having an interest in the buslness~ In- and agent:' are free 0( convlctioDs tor of.
cluding partners, ottlcers, owners m.iJJ.- fe";Se9 whi~ Involve morallurpltude or
agen', members of the board of dlrec- w~ relat!' directly to such . 's
tors, aad creditors furnishing credit for ability, capacity, or fitness to ~
the estabUslunent, aeq1lisiUon, malnf.e.. ~ duties ~ discharge the resp:l&UbU-
nance and fumishlng of sa\d business I. lUes of the licensed actl\tity
eluding the purchase or aCquisition of Sub((, 3. ,Licenses sball ~ l$sueel 0flI
any items or personal property for use In to appJj~Qts who have hOt, Within ~
said operation. year pn~l' to the date 01 application,
(gl camplete aud accurate documeil- ~ demed licensure; or who have not
taUon establishing the Interest of tbe ap- Within such period had their Ucense re-
pliant and any other penon haviug aD voked,
interest in the premises upon or in wbieh Subd. 4. Ucenses shall be Ja:suedoal
tbc business Is proposed to be located In to applicaats wbo have answered ruu~
the form of a lease, deed. COntract for all o! th~ !bformaUon reqUested in the
deed, mortgage deed, mortgage crtdlt appllcatlOD, have paid. the Cull license
arrangement, loan agreements,:sectlJity fee .and have cooperated with the ~ in
agreements aad any other documents review 01 tbeappUcation '
establlshlng the interest of the applicant Subd. 5. i\ nccnse ahali not be graQted
or any other person in Ute opel"ation. ae- to an appliCant wbo is under the ageq 18
qulsltion, Ol" maintenance of the enter- years.
priseolferlng massage; Subel. 6. Licenses may be granted only
(b} the appllcationsball also contain ~or l~tions- with business zobes aU -
blueprints. di~ms, plans, layouts and U1g slmiJar,actlvities. ow
the like showing the construction, revt- Subel. 7. LlcCQ$C!J may be granted 'onIy
sion, remodeUng, alteration or addttJoaa ~ estab~enls whicb can meet the
of or to the premises aad speclficaUy safety, . tary and buildID& cocIc reo
showing the 18YOl.lt, design and arraDge- quiremen 01 tbeCity. . ~.',"
ment of the bathing anQ resLrQOm Caem. Subd. 8. A.LIcense shaJJ not ~,rU1ed ~
ties and the size and type of ~uipment if gr!lDting l.be license (a) would be ..
andfacllitJes to be used, consl:ltent ,with tbe compreheusive de-
See, 29.06 BUSINESS LICENSEf'EE, velopm,ent plan of the CiCy, or (bl would
LICENSE INVESTIGATION FEE .\NO othel'Wlse have a detrimental effect up.
LICENSE YEAR o~ ,the property or properties in the vi.
Tbc invtsUgation fee shall be $250.00 clJUty.
and the 8Mual Iicenac' fee sball be See, 29.09 CONSTRUCTION AND
$150.00. A license unless revoked, is (or MAINTENANCE REQUIREMENTS
the calendar year or a part thereof. for Subd. 1. Eacb Il~nsed premises sba11
which it has been issued, Tbe liceuse fee have a separate restrooIn Cor members
and lee for the Investigatiob of the n- of each sex.
ceme application shaD be paid when the ,Subd. 2. Floors, walls and equipmeut
applleatiou i8llJed. ID tMeveDl: that the ID massage rooms, restrooms 4Dd bath-
application is denied or the license, ooce ~ms must ~ kept in a state 0( good re-
issued, is revoked, canceled or s~ pair and SiltIItary condition at aU times
deted, DO part 0( the 8llJU18.I uCCIIM (ee Linen and other IDJIterWs shaD ~
and Investigation fee sball be returned stored at ~east twelve inches off the
to the applicant unIesI by express aetloa noor.
of the City CouQci1. A separate llceue SuDd. 3. ladlviduaJ. lockers shall be '
shall be obtainOO. each year for .each made available for use by patrvGs, with ,
pJsce 01 business. The lIcensee &b.aU db- ea~ locker having separate tIys ror
play the license in a prominent pli:c:e bt I lockmg,
the licensed premiseS at aU Urnes AU. Subd. 4. Each licensed premises sbaU I
cense (or the operation 0( a m.s..ger' p~vlde adequate re'use receptlcles
parlor or aauna is nontranslerabie w~lch shall be emptied as often.as!;'eo.
" I q\llred. .'~ .
Subd, 5, The doors to tM iQdlvldliliJ
m.assage rooms shan not be equipped
wtth any 1000k:ing device qCJr sba.U they. he
locked or ob3tructed (rom eitber..fde tJ/
the dOOr. EaCh individual massage room
~Il tontmn a private dressing area
With hot and cold running water. CIeaa
towels, wash clothll amI linens must be
avniL1bJe fnreacn customer. :
SIt Main entrance dOOl'll to the ,
ptaD ;'\&U be unlocked at aU times I
duri.at. \nes8 hours, ,
See.. '. M/oSS AGE. CEIl T1.. FI CAT! "J.
1lEQtII. 0
No~tbaU puform.~ lel"o
""". withii:l~:"'~le
c:ertilicateas bf ~...
so<:" 29.11 PLiCA-
TION FOR lIAssAGE CERTIFICATE
M appHc:at1oa for a muup. eertlfi..
catethaU btmade only 011 tor'lDl ~d-
ed by the City. The aOPll<Atl..: oba1I
contain the ColJowlng biformaUoa to-
Cetber with any other lalormatJoo the
CI',...,_: .
(.II Evidence of the applleant s educa-
UocaJ qualifieatlons, including di~f!:..~
or certifiedlcopies of degrees, ~
oreert1llcates, if any, ~__ln.....
neeiving at. least. \00 hoors .... ~~""R>U.
tbera=~ massage . trab1in8. .ftc.9g-
nfzed and a pted by a state or I18tioDal.
~ . therapeutle.......e,.~
nizaUon. . .' :. '..,__'
(b) Evfdl!aee o{ a llcant s praetlCal
quaUflcalioPs to praltfce massage. .. . . ...
(d The ~mes and addresses ~ tw ;.,
persons, ~denlS of Washingtoii ~...
ty, who may be referred to as. toth.'!"..'~'\
pUcant's chi.ractel'. , ,', ,,"_""~
, ldl WheU>>er the appUeatJem bas ever
been eonvie.ted oC a crime 01' ~flense_6_:
er than a n-.mc offense. and if so, inf~,~
matioQ as to" ,the time, place and na~ 0
of~=I~~~~ofa~('
eertlIieate r.: a licensed ph~(I"'/
pracUcing Mlnnesota .indicating ,,)._
that withinlhe past 30 days the ~-:
clan bas ~ the app~cant, a~>
(ill that sud1 ~.l:Ion._W~!~. ~
purpose of detemi..iDiDs whether me ap-.
plleant had any communicable dbease.
and (iii) that 88 a result of ~ QUlil1-
naUOII he believes that applicant is
lIufferiog from aoy communicable
ease which would disqualify the a _
"'nn in tho ~.tIelI."',
cant (rom. eaga&,-""O ....~,,-.,..>.l1'.
massage. ~ ,-,l-it..,
See. 29.12 CERTIF~CATE FEE, CER-
TIFICATE INVESTIGA;rJOl:lc AND
CERTfFICATEYEAR,.~<,,'.:,.- .
The Inveoligatlon ... oba1I be $50.00
and tbe annual ctrtiflcate fee sbaU be
$25.00. The certificate year lIba11 be thebe
calendar year and a' certiflcate sbalI
valld for the ~,ol the caJeodar
year in which it is issued. Tbe C'ertiflcate
fee and lee for lnvestigatiOll for the CC1"-
UlIcatc sball_be paid when the app1lca~
lion is filed. to the event tbat the appli-
cation is dedled or that' the certlflea~
once issued, is revoked. canceJed 01" sur-
rendered no Part of the annual certifi~
cate fee ~ investigation fee for the .
IUanee of a ceitmcate sbaU be returned
to the applicaDt unless by express aetioo
of the City CouneU. A separate ~-
eate shall be obtained each year.-Tbe
certificate holder shall display the cer-
tificate in a pnmliDent place in _the. 11-.
censed premises at all Urnes. A Certifi-
cate perm.tttiPg the bolder thereof. to
practice massage is nontransferable.
See. 29.1HNVESTIGATlON OF AP-
PLIC....TlON
Certllleate Applications, lIhItll be re--
viewed by tbe.pqli~_~ent which
shall furnisb written rccommendaUom
to the City Clerk. 1'berJlifter eertillcates
shall be granted or denied by the CIty
Clerk subject to the provisions of this
Chapter. The appltcanl,may appeal teJ.
the City Council from #ie C1erk'~ . decI.
sion. ;' ,
Sec. 29.14 CONDITIONS GOV2RN-p p
fNG ISSUANCE OF A MASSAGE CER._
TIFICATE ' I
Subd, 1. Certificates shall be issued
only to penons who have received aDd .
can furnistl proof of reeei..,ing at least
tOO hours of certified therapeutic mas.
sage training recognized and accepted \
by a slate or national professional thera-
peutic massage organization,
Subd. a Certifi.cales !lha.ll be issued
only to persons of good repute aDd per-
sons who are in good health and tree
{rom any communicable diseases which
would disqualify the applicant from ea.
gaging ill the practice of massage. .
Subd. J, Certillcates sbaU be IuuecI
only to persons free of eonvictiou ror d:-
fenses which iPvoIve IDinJ turpitude or
which relate directl)' to such person'"
abiUty, capacity. or fItDess to perform
(be duUet and dbchar1e the respouibU.
llies of the oeaIpaUoll::"
Subd. .. Certl/leataitlhaU not be la-
sued to persons wbir'lIbe. within me-)
year prior to the date 01 appu.catiQD,
heeD denied c:ertU1c18oa; Of' wbo. baWl
bad his crber ~te revobd or IRII'-
............1Jj...bf. .'.'jialJtlcaJ iubdiyj.
slOd.IIlUilfMp.!f~~~State~~J
"'S:i.;. ~... .ban i,;.......1
oaly to applicaats wbo have tuUy' _It
trutbfully answered all 01 the iaforma:"" ~
Uon requested in the _Icatl~ ~~
paldlhelWleertilIc:ate_and .,"
tion investigatiOD fee. , " .
subd. 8. Certificates shaD be. .
only to persons 18 years 01 age or o1der:~:.:
sec. 29.1S RESTRlrnONS:'AM>
REGULATIONS .. _ '/1~;,
subd. I. No buaInesa Uceusee sb;ill,~.t
ploy any persod as a ~ or,~
same without 6nt 1aIUriag thal:.<\(
em~yee possesses a, valid ~':O'
for the admiaistratton or practtcer}it-
massage. The cec1i~cateSbaU be ~
neotJy aDd openJy displayed em tbeci>""..
mises. . ..~_:-. "
Subd-. 2. Tbe Uceosed premises shalt'
not be opetI or in operaUoa between. ~..~
bour:s of ll:00P.M. and 8:00 A.M.,oaJ!!t
SU"""""day norslalll..,,_.
.gaged in tho _"_~..:
said premises or perlqrm any ~e'
or admiaister auy sUeb servfces,\. _ ~
tween the hours of 11:00 ,P.M. aD~V,~~'
!\.M... thesueeeedlngd.!l'.'...
Subd. 3. The -".''''"'''''!'''!.:
masseur and aay.persG118 ia ~-~~.
ploy or agents or ofllCcin tI1eN6tt~-
aoy and aU penons witb,halerest Q(s.td,
b........ shaU comply IrilIl aU a~:
ble ordinances. regu1atlOba and laWa_~
tho ClIy of F.....' Lake.1IIe State .. JI1!i.
oesota amI" the Unllecl":States .~.
m....'~
Sobel. 4. U the liceasei_lia .,~ .
or ........tl"" tho IIceOI(ile .haI1.
DBte a pertOo to be IMDiIger aDd,"
.....polISible cl1arge oflhe.J>usidesa. s.m.
penon sballremain respoasible for .~~
duct of the busiDess uotIt another sidt.;.~
able........ baa beeo deslPated in ~
Ing by tho U......... TIIe,!kensee shOU'.
prompUy notif, tho ~4ePartm.., iDe
YIrllin& ot: any change m .ma1la8er 1nd1~
eating lbe ...... add<esl$Dd ~,
number of the DeW DUlnIl(er atJd,~,5;II
tective date of sucll chaDge. -~ ;~ftJ:
Subd. 5, Every lIceasee,shall.~~
and. aUow' an exa~ ancl~>('
tloa or every part of tbt premiseS W _a~~
pollce, fire or other authority of tbe q,ty
iluring _busiaeas 00urs six ~
each year. Refusal to anmr such iaspeif_.,
doa or to llDSwer therequest.GfClty~:
nee, fire or other authority to be admlt:.~
tedtoaU........preollsesslalll!Mi
srllUllds for 9USpeD8lon (I revocatioD ~ ~
aU Ucenses. ',,:.~
Subd-. 6. Any person adiDg as a maF:l
seur or masseuse shall bave his or bet::
ce.rtilIcate displayed ia . prom1neQt,~
place at his or her place of employment.
and upon demand by ;my pollee olfi.cer.
or otber authorized officer_or agent r:4.
the City ol Forest Lake, an, pen~ ..",
gaged ia practIcing ~ s~ ideQ..o:;
illy hiMselt or herself ~ his or her.;
true legal name, comct-8Cldress anet
telepbooe number. -.rtJ ;~.
Subd. 7. No penon W1deril8 years 01:
age sball be permitted ~. or allowed
to be employed or to aerveJp any
Iishmetit licensed uader tbe provisi
of this Chapter. ~~
Subd. 8. AIJy person ptllCUcmg mas-
sage within the City of Forest Lake 8ha1I
initially advise the City (If his or ber- ad..
dress and telephone aumber and sha1l
lurther advise the City of sny changes in
address or telephone number Within - :
thirty (30) days of such cbaJJge.
Subd. 9. Any person prt.eUcmg mas-
sage withiJllhe City may do so ooly ,t
premise$ which are licenSed for the c0n-
duct of such business as herein provided
and further, auy person ~tictng mas-
sage shall inform. the CUy ~ any chang-
es in employment or the Ioealion of his
or her employment witbia!be City wiUl.
in ~n (7) days after suchcbange,
E........ .......... to whom .,.
SUbd, 10, '-");~ shall apo
massage certUlcate. ,~
_ pOnonaIIy at the Poll", ~,
men! to receive dell""" ellhe ~
cate and ~ such appeara.oce "..,
pbotoora_ I.. idenlJllaiU.. om
ea. one copy of tbe 1JbotcIrap~t.O ,'.:
_tlY aruxed te ibe -'_ .
aDd a second copy thereallhaU be II<j>l,,,
ia the rues of the Pollee.Dlpertment. ''I'f::,
Sub<!. It. PrIce ratea ~aU servl<!I.
shaUbepromlnently...~the~,
t10a area in a location ariUable to
~veeustomen.____----..:c.. .
Sec, 29~its HEALTH Am>> D~
CONTROL ..
No penon while afmcted with any ~
ease iQ a communicable form or ~.-"
carrier of such disease or,wounds,~.
or any acute ~,J9.fectioa_
wort mar use tbeservi~aa1 __
=f:.t::m,,::1IO '..- ... ..:-... lb."
sucb disease 01' ~U _ Je"
ployed or ......llli.fi.i sucll
pacity. .,
Sec, 29,17 'REVOC.lTlOI....
SION OR NONRENEW: .
auslNESS LICENSE OR_. .
CERTIFICATE ,--":"" ';:',',;.:;,~
'ThebusinellS~ot~l. __."
tlficate may be revoked, suspended ':lI':
... renewed by tho City CoonciJ """"
recOmmendation oLthe City ~,bY~
showing that the Ucensee. Its '~"
managers, employees, ageots ~.;aay:~
other interested parties, liS enum~~;1
ia Section 29..05 witb the ex~_~ji
~ton, or the masseur orma&seuse;~
have engaged in any of the loU~"
conduct: . :';ii:t~
(a) Fraud, deception or mIs~_
tation in conaection.with lhesecming,'
the lic.e-cse, ":.>;-.~:;~~~
(b) Habitual drunkeness or iateiJt~:
allce In the use of drugs includiag but.~,
limited to <be us. 01 drugs. _ In
Minnesota Statutes, 5ef;tion 618.01,:~
biturates. haUueinogtmc drup, 'llJJ1~
p/le....ines. benezedriee, _ (If
otber sedatives. depressants, 8timularits
ortranqtlillzers. . ._;:~:.
(c) Engaging In conduct invol\'!Di"
moral lur\lltude b, _'ling or ~
lag others withia theiremployor~
to engage Ia conduct involving ~
turpitude or FaUlDg to prevent ageab, 'ii!.~
fleers or empJoyees in engagiag in COD:-
duct iavolvlng moral tvPitude., ,r~"f
..(d) Failure to fully comply with
requlrementa 01 tho City Code of the Ql
of Forest. Lake regarding the.saDI
and safety conditions, zoaiag ~
menta, bl!ilding cOde requirements :
ordlaances, the violation of which, jn-
vOlves moral turpitude, or failure' to
comply fully wUh any ~ts of
tblaChapter. '.
Ce) Conviction of aD offense involving
moral turpitude by any court of comJlC:-'
tent jurisdiction, _ _":
(fl Engaging m any conduct which
would constitute grounds for re(usaJ to
Issue a business license or massage cer:.'
tincatebetein. . ., ,.J.
Sec. 29.18 APPEALs , :'.
The licensee or massBge eertificate
bolder may appeal sucb SWIpeasioo~ re:-,'
vocation or oonrenewal to the City eoun;..'
1:11. The Couacll shaU consider the ap. ,
peaJ at the next regularly scheduled
COWlcll meeting on or atter ten days
from service of the notice of appeal 00
the City eJeri;:. At the conclusioa of the
bearing, the CouncU may order: i ":
(a) That the revocation, suspensjOQor
llOIU'eQewal beaffirmed...:-',-,
Cb) That the revocation, suspension or '
nonrenewaJ be lUted aDd that the license
Ol'~catebereinstated.,.' .
(c) The City CounciJ may base eitbei'
suspension or i88uance ollhe llc:euse or
certificate upon any additional lerma,
cOnditiOl1$ and stipulations whic.b It
mBY, Ln its s01e discretion, impase,
,
MAR-26-0i MeN 1:55 fM
"'1: C" "O,"^~ L"K"
','. 1 r I ..'0 j A t
"X "0
n :I,.
651 464 4968
D
..
Pat-It" Fax NOl' 7671
To
00./010"
APPLlCA nON FORM t'OR SAUNM OK MASIfA(J.I!: l' A./:U..OHS Uc.;ENSE
INITIAL INVESTIGATIVE FEE $2.50.00
LICENSE PER YEAR $300.00 - (NOT PRORATED)
DATBOF APPLICATION
TRADE NAME
LICENSING PERlOD
FULL NAME OF APPLICANT. OWNER
IF INDIVIDlJAL
PHONE NUMBER
ADDRESS
CITY
STATE
DATE 01' BIRTH
PL.",CE OF BIRTH
ADDRESS OF BUSINESS
LOCATION
LBGAL DESCRIPI'lON OF BUSINESS LOCATION:
LIST OWNERS Of BUILDING OR PREMISE TO BE LICENSED:
NAMES:
ADDRESSES:
DATE OF BIRTHS:
MANAOER'SNAM!
ADDRESS
PHONE
L
I
MAR-2HJI MON .55 PM ':TY GF FOREST LAKE
FAX IQ 651 464 4968
F. 2
OPERATOR'S NAME
ADDRESS
PHONE
LIST TWO (Z) CHARACTER REFERENCES WHO RESIDB IN W ASHINClTQN COUNTY FOR
EACH OF THE ABOVE~
NAME
ADDRESS
PHONE
HAS APPLICANT AND OR MANAGER EVER BEEN CONVICTED OF A CRIME, OTHBR THAN
A TRAFFIC VIOLATION:
Q YES
Q NO
IF YES. GIVE BXPLANA nON ON A SEP ARA TE SHEET OF P APE!\, INCLUDING TIME. PLACE
AND NA Tt.JRE OF EACH CRIME OR OFFBNSE AND DISPOSITION nmRBOI',
LIST ALL CREDITORS INVOLVED IN niB CONSTRUCTION AND MAlNTENA.~CB IN ANY
WAY PROVIDING DEBT OF EQUITY FINANCING TO SAlD OPERATION:
LIST CORPORATE Oil PARTNERSHIP TITLE, IF ANY
CORPORATE OR. PARTNERSHIP ADDRBSS:
LIST ALL OFFICERS, MANAGERS OR DIRECTOR.S, IF CORPORATION:
NAMES:
ADDRESSES:
DATE OF BIRTHS:
2
MAR-26-01 ION ': 56 PM
'<11 ~F FRES' ""E
J;.! \. ~ U 1 L .".1'.
F'" \10
.>l..A J. . ,
651 464 4968
P 3
Please submit accurate and complete business records Ilhovl'ina nlUIlcs lUld liddnlsaes of all
individuals havina an interest in business including partners, officers, OWllers and creditors
furnishing crcdit for eSlIIblishment acquisition and maintenance and fumishinll of said business.
Please furnish a"utII'tc documentation establishing the interest of the applicant and any other
person bavina lntemt in the premises upon which the buildlni is proposed to be located or
furnished thereof. The documenlirtion shall be in the form of a le_. deed, contract for deed,
mortgagc deed, ete and my other document:! eS'tablishins intcrcstofthe applicant or my other
person in thc operation.
Please provide blueprints, diagrams, layouts, etc. showlnll construction md or remodeling to the
premises md specifically showing the layout of the bathlnil 3I1d restroom facilities to be used.
Appllcants and his IISsociates will strictly comply with all reiUlatiol!ll promulpUd by the City
Council of Forest Lake am! all ordinanccs of said municipality.
1 hereby certifY that 1 have read the foregoing questions and that the answers Ie said qu.el!ltions
8l'C true of my own knowlcdge. I further understand that an investigatlon fill, not to exceed
$2S0.00, shall be charged an applicant by the City.
Sipture of Appliclllt
Subscribed and sworn to bofore me
Thi. day of .20_
STAMP
Notary Public Signat\lrel
My COl'llll'jssicn Expires
3
MAR-26-Cl MON 1: 57 PM Cry OF FOREST LAKE
FAX Iro, 651 454 4852
P. 5
I HEREBY CERTIFY THAT I HAVE READ THE FOROOING QI..'ESTIONS AND !HAT THE
ANSWERS TO SAID Qv'ESnONS ARB TRUE OF MY OWN KNOWLEOO8, 11'URTIlER
UNDERSTAND THAT AN lNVESTIGATION, FEE NOT TO EXCE:eD $50.00, MAYBE CHARGED
TO AN APPLICA-""T BY TIlE CITY, IF CONVICTED 01' ANY CRIME OTHER tHAN A TRAFFIC
Ol'F.BNSE, I WILL REl'Oll.T SUCH CONliICnON TO THE OrY OF .!'ORBST l.AKE
IMMEDIATELY,
SIONAThllE OF APPLICANT AND DATE SIONED
I HEREBY AUTHORIZE TIlE FOREST LAKe POLlCl! DEPT. TO CHECK]\IN POLICE RECORD
AND DO HERESY RELEASE THE CITY OF .FORBSTLAI<E AND ALL lNDlVlDUALS
CONNECTED THEREWITH .FROM ALL LlAlllUIY FOR DAMAOE WHA rsoEVllR INCUlt\UlD
IN FURlI/ISH.L.'1C SUCH REPORT,
SIGNATh'RE OF APPLICANT
~~<A.L FEE ISSSO.OO PERC4.LENDAR YEAR
MAR-25-01 MON 1.56 PM CIY OF FOREST LAKE
FAX NO. 651 464 4968
RENEWAL APPLICATION
FOR MASSAGE THERAPIST CERTIFICATIONILlCENSE
IN THE CITY OF FOREST LAKE
ORDINANCE 448
RENi:lWAL YUR
MASSAGE LOCATION/ADDRESS ,
HOU~AYSOFOPERATION
NAME OF APPLICANT
(lint)
(Jut)
(middle)
HOME TELEPIl:ONB #:
DA T8 OF BIRTH
SCHOOL A TIlSNDED AND DECREES RECEIVED:
LIST QUALlFIC... TIONS REQU1IUlD TO PRACTICE MASSAGE:
LIST TWO (2) CHARACTER RllI'llIWNCES WHO kESlDE IN WASHlNOTON COUNTY: NA.\'lES,
ADDRESS I: DA TE OF Bl1lTII
HAS APPLICANT EVER l!Ul'I CONVICTED Of A CRIME. OTHER THAN A TRAmC
VIOLATION? _YES --..NO
IF YES, PLEASE GIVE AN EXPLANAnON ON A SEPARATIl PIECE OF PAPllR, INCLlJ'DING
TIME, PLACE ANn NATURE OF SUCH CRIME OR OI'FENSl! AND DISpOsmON THEREOF.
THE APPLICANT SHAw.. PROVIDE THE FOLLOWING INFORMATION:
A. EVIDENCe OF APPLICANTS' EIlUCATIONINCLt.;DlNO CON11l'ItilNO EDUCATION IF
APPLICABLE.
8. EVIDENCE OP APPLICANTS' QuA!.II'ICAn01liS AND CHAllACTBR REFERB..'ICBS
C. EVIDENCE IN nm FOIt.\l: 01' A CURRENT CBRTlFICA'm FROM A LICENSED
I'KYSICAN PRACTICING IN MINNIlSOTA lNtllCATlNO THAT SAlD MASSAGE
THERAPIST WAS EXAMINED AND IS PRI!.B OF ANY COMMUNICABLE DIS~SE TI,lA T
WOL1.D DISQUALIFY THE APPLICA.."IT FROM ENGAGING IN nm Pll..cnC OF
MASSAGE.
A RENEWAL CEIlTtF1CATE WILL BE REQUIRED ~CH CALa.'IIlAll YEAR, ALONG WITH A
PHYSICAl EXAMINATION cl!.IlTIl'ICA!E, COMPLETl!rl APPLICATION AND Rno'EWA!. FEE
OF $~O.Oll. APPUCANTS WILL smen. Y COMPLY WITH ALL REGULATIONS
Pll.OMULGA Tl!D SY nm CITY COUNCIL OF FOREST LAX:6 AND ALL ORDINANCES OF SAID
MUNIClPLA TV
P .1
. "
- .
"
~-='
LICENSES AND PERMITS
')P~- '~ld :: c~:) r-
'- I:vff)' I'" Ai:(' ,-
- ' , '.. //.U. --''-
"&:. C:'C /!..i />1/6 7 () ./l'/
'f;j 2 (~)c
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, 195& 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 governing 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 Elstablished 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 (NCAl or another regional accrediting agency approved by the United States
Department of Education,
Accredited PrO(Jram - a professional massage program accredited by the International Massage and Somatic
Therapies Accr~d.itation Council (IMSTAC), the Commission on Massage Therapy Accreditation (COMTA), or a
comparabie national or regional organization that evaluates program compliance with quality and competency. .
standards through a process of periodic review and self-study.' '
~ _ the absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter,
Good repair _ free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions,
and similar defects so as to constitute a good al]d sound condition.
14-98
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tJ
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 external 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 Theraoist - 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) year 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 own, manage, or conduct, or to have control, charge, or custody over.
Person - any individual, firm, association, partnership, corporation, joint venture, or combination of individuals.
Theraoeutic Massaoe Enterorise - 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 Enterorise License. It shall be unlaw1ul 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.
Massaoe Theraoist License. It shall be unlaw1ul 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 bl;)auty 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
services 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
14-99
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l_ _ _ _
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. a
(Code, 19S8 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)
SEC. 14.264. LICENSE APPLICATION.
(a) Therapeutic MassaQe 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. Fpr 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.
(O) Whether all real estate and personal property taxes that are due and payable for the premises
to be license!! 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 residence address of the applicant. .
(B) 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.
(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 (S) years.
(E) The type, name, and location of every business or occupation the applicant has been
engaged in during the preceding five (S) 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 furnish 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 involl/ement in such an
estabiishment.
(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 applicant's current employer.
(3) The applicant's employers for the previous five (5) years, including the employer!;> name, address
and dates of employment
(4) The appllcanfs 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.
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(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 Councilor 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 Massaae 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.
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(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 I.D. 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 Massaoe Enterprise License. No therapeutic massage enterprise license shalibe 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 legally 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)',.owes taxes or assessments to the State, County, 'School District, or City that are due and
delinquent.
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(b) Massaae 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
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 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. 93-22__
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.
(b) Improper ZonlnQ. No therapeutic massage enterprise shall be licensed if the location of such enterprise
is not in conformance with Chapter 19 of this Code unless such enterprise is a legal, nonconforming 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 ali times therapeutic massage services are rendered the photo identification card issued by the Issuing
Authority. .
(b) Licensed Premises. A therapeutic massage enterprise license is oniy effective for the compact and
contiguous space specified in the approved license application. If the licensed premises is enlarged, 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) Emplovment 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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(I) Coveraqe of Genitals Durinq Massaqe. The licensee shall require that the person who is receiving the
massage shall at all times have his or her genitals covered with non-transparent material or clothing.
(g) Therapist Clothinq 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 solicit 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 intentionally
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 accommo<:lation 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) Washino of Hands Reouired. 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!ltion 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 Authority, the hearing before the City Council shall take place
within a reasonable period of receipt of the appeal 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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LICENSES AND PERMITS
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(4) A licensee's criminal ccnviction 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 rehabilil<ltion 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 uniawful 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 HearinQ. 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 prac1icing 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 the 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 drivers 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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BLOOMINGTON CITY CODE
(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 falsified 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)
SEe. 14.274. PENALTY.
A violation 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. 14275. 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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CibU promoting ~CQ
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Classification
Municipality
Research and Information Service
. OROINANCE 99.12 J.'i
An Ordinance pertaining to the practice of
Therapeutic Massage; establishing operational
and permit requirements.
BE IT ORDAINED BY THE CITY COUNCil OF
THE CITY OF HAM lAKE, ANOKA COUNTY,
MINNESOTA. AS FOLLOWS:
I. legislative Findings of Fact
The practICe of massage has, in certain con-
texts, been used in many communities at a
means of practicing prostitution. State licensure
of bona fide Therapeutk: Ma:ssage Practitione(I
does not exist but the bon., fide 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 mass.1ge practitioners
who are in fact engaging in illicit practices.
Further, the publJc health, welfare and safety of
patrons of.Therapeutic Massage dictates that
certain controls be established to aSSUre that this
'l'racttce will be responsibly discharged.
Consequently. it (s in the best interest o( th~
public that certain coruicrs and regulations be
eshblished for the practice 0' Therapeutic
Massage. There is hereby added to the Ham
lake City Code an Article 9.2000, to read as
follow1~
9.2000 Therapeutic Massage Regulations
9-201 0 Definitions. The follOWing definitions
shall apply to thl.s Article 9-2000.
9-2011 Therapeutic Massage. Therapeutic
Massage means th'e practice o! administering
physical therapy through the massaging,
rubbing, kneading or other mllnipulations of the
body, administered solely for tl1erapeutic
purposes. Massage which results or is intendec;l
to result in the sexual gratification of the recipi-
ent is not Therapeutic Massage.
9-2012 M.1usage Therapist. A Massage
Therapist is a person engaging in the practice of
administering Therapeutic Massage, and who
meets the following qualifications:
a} The per~on has completed 400 or more
hours of training at a bona (ide therapeutic
massage school, and
b) The persoo has passed the National
Certification Examination for Therapeutic
Massage and Bodywork, ancf remains in
good standing ilS to any 0090ing coolinll-
ing certification requirements.
9.~020 Permit I\equired. No person shall
practice Therapeutic Massage from any IOC<ltian
in the City unless the person first obtains a
Therapelltic Massage Permit (TMP) from the
City Administrator, after review by the Planning
"Commiss)on 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. Each TMP
applicant shall meet the following requirements:
a) No permit shall be granted to any entity
other than a natural person;
b) The applicant shaU meet the definition of a
Massage Therapist as found in Mticfe
9-2012;
c) The location from which the therapeutic
massage practice will be conducted shall be
identified and approved as provided in
Article 9-2030 below.
d) No person .$haU be granted a TMP if found
to have eve!, been-.convicted of a crime
Involving moral turpitude, specifically
Induding _ any crime ,lnv9lvlllg pandering,
prostitution, or sexual misconduct, Ea,h
applicant shall consent to a criminal history
background check to be conducted by t~
offl,e of the Anoka County Sheriff, which
sh~1l be updated annually. Compliance with
thIS sedlon shan -be continuing in natUre
and an event occurring subsequent to th;
Issuance of a TMP, which would have ren-
dered the appliamt Ineligible for a TMP had
the event or drc:ums~nce occurred prior to
iSSuance of the TMP shall be grounds. for
r'eVoaItionoftheTMP,
9-2022 Exceptions, A TMP Jha" not be
required of any person licensed by the Slate of
Minnesota to practice in a medical field, such as
rnedidne, chiropractic. Of POdlilltry, nor shall a
.fMP be required of a person engaging In
Therapeutic Massage Which does not Involve
physical contact between the practitioner ilInd
the rec:ipient which occurs below the shoulders.
This exemption is specifically Intended to apply
to barbers and beauticians.
9-2030 Premlse.$
9~2031 Zoning Dlmlcts. Therapeutic
Mauage activity may be conducted from
premIses located in CO-2 zoning districts. In
areal In which the zoning category permits sin-
gle family residential uses (R-l, RS.l, PUD, Ml
PUO and C-A), Therapeutic: Massage maybe
conducted only upon the Issuance of a
Temporary Conditional Use Permit issued under
Article 9-870. The tenure ofthe Temporary
Conditional Use Permit shall be at the discretion
of the Gty Counel. If a Temporary ConditIonat
Use Permit is required, the. applicant shall meet
all of t/'le requIrements of this Code pertaining
to Terryporary Conditional Use Permits.
9-2032 Physical Characteristics. AU locations
Irom which Therapeutic Massage is conducted
shall meet the following requirements:
a) The facility shall maintain proper lanilation
deSIgned to protect the health of patrons,
and shall meet th\! sllI'Iitation requirements
of any jurisdiction having any regulatory
c.ontrol over the activity;
b) HOurs of operation shall be limited to 8:00
am to 10:00 PM;
c} ~ign~ge shall be limited to a single sign, not
d,lumlnated or capable of illumination. The
s.gnage shall be limited in size to six square
(eet, And .shall Contain no neon fighting;
d) The locatIon shall have received a Certificate
of Occupancy issued for the sole purpose of
condU~(ng Therapeutic Massage, and shall
at all tImes observe all of the conditions of
the Certificate of Occupancy. A Certificate of
Occupancy shall not be issued until and
unless a~ application for same shall have
been revIewed by the Planning Commission
and appro~ed by the CitY' Council, which
may e.ltabhsh additional conditions for the
operatIon of the activity;
e) As ~ .condition to the issuance of any
C~flca~e of ?~clJpancy, the applicant shall ,
consent In wfltlO9 to random inspection by
Qty agents during all business hours;
f) A Certiflate of Occupancy is not transfer_
"ble, ~nd shall be iSSued o"'y to a pe~on
holding a TMP.
Presented to the Ham lake City Coundl on
June 21, 1999 and adopted by a 4~1 vote of the
Ham lake .City Council this 6th day o( July
1999. .. '
Ga'Y Kirkeide, Mayor
Doris Nivala, AdminIstrator
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PUblished In Anoka Co, U"ion
luly 9, 1999
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Claulftcation
Municipality
Date
Research and InfornuztiDn Service
r' '.J:XiN~ITY OF L1TTI.E CANADA
ORDINANCE NO. 428
AN ORDINANCE ADDING CHAPTER . ,
2220 TO THE MUNICIPAL CODE OF
THE CITY OF UTTI.E CANADA. RELATING
TO MASSAGE THERAPY AS AN
ACCESSORY USE '
THE CITY COUNCIL OF UTTLE :w~
. HEREBY ORDAINS AS FOLLOWS: J\ 'b..
Section 1. . 0",
Chepter = of the Munlclpal Cad. .
City of UttllJ Canada Is hereby added to read
as follows: . "'
2220. Massage Therapy IS In Acce..ory
Use, .. ~ I
.2220.010. OeflnlUon., t
1. The term "massage therapy" means ~e
rubbing, stroking, ~neadlng. tapping or romng
of the body with the hands or other parts of }he '
body for the exclusive purposes of relaxation. .
physical fitness. or beautlflcation and fol'; no
other purpose. J ;'
The practIce of massage therapy Is hereby
declared to be distinct from Ihe licensed prac~
tlce of medicine. osteopathy. 'cI;lfopradlc,
physlcallhol'8f)Y, podiatry, and nursing, as We<<
as the professions of Ilthletic coacl1ing an~
training. Persons engaged In those professlons
are 'exempt from the pro'(lslons of this
ordinance,' :
2. The lerm "massage therapist" "meanS a
person who practices m~ge there.py. f
3. "M....ge Theropy Establishment" shall
mean ~y roam or room whel'8ln a person n;ay
r8cel\le a massage from a 'massage therapist'
for a fee. j
4. "Sanitary" shall mean free from lhe
vegetative cells o' pelhagenlc-m1c,G.argen1sms.
5. The term "accessory use" as used In 'his
Chaplet means a use at the same IocarJon with
and of a nalure customarily Incidental and
subordinale to, the principal use for s:ald
local Ion. ' 1
2220.020. Ueen.. for Massage Thenlp~' as
an Aeceaaory U1I8. '
1. No person, partnership or corporation shall
engage In a business, which has massage
therapy as an accessory 1J&8, without belng
licensed as provided In this Chapter. '
2, The Initial application for a license by a
business shall be made by completing an ap-
plicatIon form provided by and containing sUCh
Informallon as required by the City Ad-
ministrator and by paying a one time nonrefun-
dable Initial application fee of $1oo,QO.
3. If the application for a license under this
chapter is granted, the $100.00 lee above shafl
be the first year's license fee. Thereafter, the
annual license fea shall bEl $100,00, A se~te
license shall be obtained lor each place ~ 01
business.
2220.030. Granting, Denytng and RtlKiIt-
ding of Ltcen... for "'lUge Thenlpy as an
Aecuaory U... .'
1. Licenses may be granted onlY.' to
establishments associated with and operatJng
within the confines of and lncldeotaJ to a Pr0-
perly zoned b6auty parlor.
2. No more than two (2) massage therapist
Individual licenses" wlR 'bedlssued to an)'
business establlshment. ,
3, Ucenses may be denied or resclrlded If the
premises ot the establishments do nor meet the
requirements. ot the City Council. and of the
building, safety and sanitat/ol1 regulations of the
City of utile Canada, and Stale 01 Minnesota.
4. Ucenses may be denied or rescinded If
there Is any fraud or deception involved In ihe .
/leense application.
5. Ucenses may be denied or resclnded if the
applIcant, licensee or employee of the same fall
to comply with, or have a history of vloIadons, ., "/
ot the laws or ordinances which apply to health, .
safety, or moral turpitude. ,
6. The City Council may anach such
reasonable condlllons tothe license as 1I,ln:":s ,
so~~ '~it~-~:_~:sC~~~81~=:~k~;~~ ~:;'
on any appllc.anUor 'a IlceriS8~~llirsuant to this .
chapter.. ~ .
2220.040~ "'....ll" TllenIpy Only \,y'
Licensed Persons. ~
1. No person shall provide massage the~y
without being licensed Individually as provided
In thIs chapter.
2. AppUcatlon for license. My person deslr~
Ing to be licensed shafl file an appllcatlorl on
forms provided by the City Administrator. The
appllcatlon shall contain ,such Information as
the City Administrator may require, Including:
(A) The oppllaent's full name, addr_, saclol
security number, and written proal of age.
(B) The name and address of the establish.
ment by which the applicant expects to be
employed,
(C) A stat8ment concerning whether the per-
son has been convicted of or entered a plea of
guilty '0 any erllml Of ordInance violatIon and.
It so, Information as 10 the time, place and
. nature of such crime or offense.
(O) Pfoof that the BPP'lcant meets the foUow-
ing educational requirements:
(I) A diploma Of certificate at graduation from
a school approved by the American Massage
Therapist Assoclatlon or other similar reputable
massage association: or
(Il) A diploma or certificate of graduation from
a school which is e\ther Becredl1ed by a
recognized eduC8tlonalaccredltlng assoclalion
tIr agency, or Is licensed by tr'le State or local
government agency having JurlsdldJon over the
school.
{W} Each applicant shall also fumlsh proof at
the time of application of a minimum of six hun-
dred (aOO) hourS of succes.slully completed
course work In the following areas:
a) The th60ry and practice of massage, in.
eluding. but not limited to, SwedIsh, Esalen,
Shiatsu, andlor Foot Retlexology techniques;
and
b) Anatomy, Including, but not limited t~,
skeletal and muscular structure and organ
placement: and
c) Hygiene,
,
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. 3. Fee. The annual nonrefundable applica-
tion and license fee for a massage therapist Is
Seventy-Five and NollOO ($75.00) Dollars.
4. Review of application. Ucense applications
shall be reviewed by the CIIy Administrator, and
the Sheriff's Department may run criminal
history checks on applicants. .
5. Denial of application. The license applica-
tion may be denied for any of the fotlowing
reasons:
(A) The application contains false, fraudulent,
pr deceptive statements. "
(6) The applicant has been convIcl:ed of or
entered a ptea of guilty within the previous th~
(3) years to a "Iolation of this Chapter or of any
other law regulatIng the Pf8.ctlce of m8$S8ge,
or of sny law prohibiting criminal sexual con; .
duct, prostitution, pandering,indecent conduct
or keeping pf a disorderly house.
(C) The applicant has not complied with a
provision of thIs ordinance.
(0) Th~ 'applicant Ie less thafl eighteen (18)
years of age. .
2220.050. Revocation Of Suapenalon of
Ueense. A IlcenSQ may be revoked or suspend-
ed for any- of the following reasons:
1. F;aud, deception, or misrepresentation In
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. or..
J keeping a disorderly houss.
4. Convlcticittof, any crime or ocdlnane& \1oIa: . .
tlon arising out of the practice of massago .
therapy.
' 5. Exhibition of a demonstrable lack of skllt
In the practice of massage therapy. . ~
2220.060. Reatrlctlon. .nd Regula'lona. .
1. Ally person registered as a massage
therapist hereundet' shall dIsplay such license,
or a true copy t.hereof.ln a pro~lnent place at
such person's placE! of employment.
2. Upon demand of any pallee olflter at the
place of employment, any persOn licensed
hereunder shan produce correct IdMltlRcatlon,
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. id.enllfying hlmselUherself by his/her true legal
l.,. name and correct address.
'3. Ouring business hours. all massage
th'erapy establishments shall be open to inspec-
tion by City Building and Weense Inspectors,
Health Officer!, and ~1c8 officers, .' ,
4. Ally person licensed hereunder shall prac-
tice massage therapy only at such locatIon or
locatIons as are designated In the license. Any
\ _. person registered hereunder shjllll Infqrm the'
I. City Administrator, In writing. ot any change In
location prior to lis occurrence.
:.' 5. No customers or patrons shall be allowed
to enter or remain on the >>censed premises
after 9:00 p.m. or before 8:00 a.m. dally.
. 6. No beer, liquor, narcotic drug Or contmll.
I. ad substance, as such terms Bre defined by
'."""., state statutes or the City Code. shall be pe~lt-
, ted on licansedpremlses,' .
" .7. Violation 01 Bnylaw or regulatIon relating
;..: to building, safety or health, shall be groundS
> ' 'for revocatIon of any lIcense.
. 8. There shall be no locks on doors of
n!8ssageroolTl$.. ". - ,." '.-
,9. Whenever: a massage Is given, It shall be
required by the'massage therapist that the per-.
son who Is receivlng the massage sMII have
her breasts and his/her buttocks and genitalS
covered by a nontranspa~ent malerial,
,10. Any massage therapists parformlt?s any
massages shall at all tlmee have her breasts
and his/her buttocks and genitals eaverEtd with
a ,nontransparent malerial.
2220.070. Vlolatlonsl Penalty. Every person
or. entity who vIolates this ordinance Is gul/ty ot
a mJs.demeanor.
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Section 2.
:ihis Ordinance shal/ take eHeet and be in
lorce from and after its passage and
publication.
PASSeD by the CIty CouncI-J olUnle Canada
this 24th day otJanuary, 1996.
" .Mlchael f. Fahey
, M3yor
ATTEST: Joel R. Hanson ' Ayes - 5
City Administrator. . Nays - 0
'Rosevi.ne Review: Jan. 30, 1996)
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CITY OF LI'1"l'LJ! CAlIIADA
APPLICATION FOR KASSAGE THERAPy ESTABLISHMENT LICENSE
(Must be accessory or incidental to properly aoned beauty salon.)
License Fee - $100.00
_NEW
RENEWAL
Please oomp1ete the following. It the applie~tion is by a
natural person, by such person; it by a corporation, by an
ofticer thereof; if by a partnership, by one ot the partners; it
by an unincorporated assooiation, by the manager of managing
officer thereof.
1. Name Of Applicant (name of individual, partnership,
corporation, Or association) :
(If Individual) LAST
FIRST
FULl. MIDDLE NAME
:2. Name Of Beaut" Salon under which applicant w.i 11 be doing
business, business address, and telephone nUlllber:
Full Name
Business Address
Business Telephone
3. Type or Applicant:
__Individual
Association
I'artnership
_____corporation
other
4, A. It applicant is an individual:
Nama
LAST
FIRST
FULL M!DDLE NAME
Date or B1rth
Residence Address
Residence Telephone
Business Address
Business Telephone
Social Security Number
Driver's License Number_
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5. A. If applicant is a ~nership, state full name,
residence, and business address, telephone num~rs, and
interest of eaoh ~ember of the partnership: (If mOre
than three, include them on a separate aheet.)
1. Full Nama
LAST
Date of Birth
FIRST
FULL MIDDLE NAME
Interest________%
Residence Address
Residence Telsphone___
Business Address___
BUsiness Telephons___
Soolal Security Number
Driver':!l License N'Jlllber_________
2. Full Name
LAST
FIRST
FULL MIDDLE NAME
Date at Birth___
Residence Addreils_____
Residence Tslephone
Interest__________%
Business Address_____.__________
J.
Business Telephone__ .
social security Number.
Driver's License Number_____
Full Name
LAST
FULL MIDDLE NAME
-------.-
FIRS'!'
Date of Birth___.______ Interest__.__%
Residenoe Address
Residence Telephans___
Eusiness Address______
Business Telephone_.___
Social Security Number
DriVer's Lioense NUlllber___
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B. The managing partner will be
C. Attach a true copy of the partnership agreement, and a
oopy ot the certificate ot trade name under provisions
of Chapter 333, Minnesota Statutes, certified by the
Clerk of District Court.
6. A. If the appl.icant is a corcoration or association, givQ
the name of corporation or association, branch address
and telephone number, and home oftice address and
telephone number:
Name
State of Incorporation or Association
Branch Address
Branch Telephone Number______________
Home Office Address___
Home Office Telephone Number
B. ThG full names, residence address, and telephone numbers
of all officers of said corporation or association:
President
LAST
FIRST
FULL MIDDLE NAME
Resi~ence Address
Residence Telephone Number
Date of Birth
.~_._----
social Security Number____
Dr i ver' s License NUIl\ber____
vice President
LAST
---
FTILL ~IDDLE NAME
FIRST
Residence Address__
Residenoe telephone Number
Date of Birth
.......----.-
Social Security Nurnber_
Driver's License Nurnber_______,
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secretary
LAST
FIRST
-,~-
FULL MIDDLE N~M~
Residence Address
Residence Telephone Number
Dat... of Birth
Sooial Security NUl11ber.____
Driver's License Number
Treasurer
LAST
FIRST
FULL MIDDLE NAME
Residence Address
Residenoe Telephone Nu~ber
Date of Birth
Social sec=lty NUlllber_.
Drive.r's License Number
C.. The full names, residence address and t$lephone number of
all persons who singly or with others own or control an
interes.t in said corporation or assooiation in excess of
five (5) percent:
1. Full Name
LAST
Date of Birth___.__
FIRST
FULL MIDDLE NAME
Interest
-_%
Residence Addreas_____._
Residence Telephone______
Social Security Number
.-----.-
Driver's License Number
2. Full Name
LAST
FIRST
FULL MIDDLE N~ME
Date of Birth
Residence Address_._______..
Residence Telephons_
Interest
___t
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Social security NUl1\ber_____
-...._-""----------
Oriv~r's License Number__________.__
3. Full Nams
LAST
FIRST
FULL MIDDLE NAME
Date of B1rth_______ Interest.__
Residence Address
Residence Tslephone________
Social Seourity Number__.____
t
Driver's License Number
4. Full MalUe
LAST
FIRST'-
---
FULL MIDDLE NAME
Da~e of airth_________
___ Interest
%
Residence Address___
Residence Telephone
Social Security Number
Oriver's License Number
D_ The full name, residence address and telephone number of
the manager, proprietor, or other agent in charge of the
individual's, corporation's or association's premises to
be licensl'td;
Full Name
-'--.
FULL MIDDLE NAME
LAST
FIRST
Date of Birth
Residence Addrees
Residence Telephone___.__
Social seourity Numb~r________
Driver's Lioense Number_
E. Attach a true copy of the ArtiCles of Incorporation or
Associ~tion Agreement.
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7. How is the property classdfiedunder the Little C:~mada Zoning
Ordinance?
a. State full name, residence and business address, and
t.lephone numbers ot OWner or owners ot the building wherein
the licensed business will be located, if owner is other than
the applicant:
Full Name
LAST
FIRST
FULL MIDDLE NAME
Residence Address
Residence Telephone
Illlsiness Address
--_or
Business Telephone
!"ul1 Name
LAST
lrULL MIDDLE NAME
FIRST
Residence Address
Residence Telephone
Business Address
Business Telephone
9. A true copy of the lease agreement need a to be attached.
10. What permit~ or licenses required by state Statutes bav~ been
applied for or issued for the premises? In what nama where
these applied for or issued, and what is the nature of tr.e
permit or license? Include permit or license number.
I understand that the information provided in this application
may he considered private or confidential data. I further
understand that I may not be required by law to provide such
information. The purpcse of providing such information is to aid
the City of Little Canada in its determination on my application
for a permit. I aoknowledge that providing, or failing to
provide, such information may affect the city's determination on
my application. I understand this information will be made
available to the City of Little Canada, its city Council, ag&nts
and represent~tives, as well a5 the Minnesota Department of
6
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Revenue, or any other person or entity authorized by law to
reoeive said information. I release the Ci~y of Little Canada
from any and all liability for its receipt and use of data
received pursuant to this application.
STATE OF MINNESOTA)
)
COUNT~ OF )
, being first dUlY
his/her oath, deposes and says that he/she is the
has executed the above application, and that the
made therein are true of his/her own knowledge and
liworn, upon
person who
IIltatements
b.al.ief.
SIGNATURE
TITLE
Subscribed and sworn to before me this
19__..._.
on 'J
day of _
---,
NOTARY PUBLIC
--,.,~-
COUNTY
My commission exPires______
7
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CITY OF LITTLE CANADA
APPLICATION FOR MASSAGE THERAPIST LICENSE
(Must be accessory or incidental to properly zoned beauty salon.)
Lioense Fee - $75.00
NEW
__ RENEWAL
Please complete the following.
1 . True Name
LMT
2. Residence A~aress
l'IRST
FULL MIDDLE NAME
... --------
3. Residence Telephone_____
4. Business Address
5. Business Telephone
6. Social Security Number_.
7. Driver's License Number_________._.__
8. Oat. of Birth___
Mo./Day/Year
9. Pl~ce of 6irth____
County
City
-----
Stat..
10. U.S. Citisen?
Naturalized?
Yes
Yes
No
No
If yes, give date and place
Attach a copy of the naturalization papers.
11. If you have ever used or besn known by a name or names othBr
than the true name qiven in No.1 above, list such nama(s),
a!1d information ooncerning Clat~s and places where Used,
Names
Oates, Place, and Circumstances
--..-
12~
Name and address of the liCensed Massage Therapy
Establishment that you expect to be employed by.
accessory or incidental to properlY zoned beauty
(Must be
salon. )
L_ __
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C;' I hT un:.! TI"_C'_1JI-lU
.
13. Address(es) at which you have Hved during preCeding tell
years. (Begin with ~rasent or last addre~~, and work back.)
14. Kind, name, and location of every business or occupation you
have been engaged in during the preceding ten years. (Begin
with present business and work hack.)
Business Or
.QQcupa1;,i.9~
streat Address
City anq Stat'i!
Nature of Business
5,)'1; Occunation
.--~-----
"'~""-_...,-
15. Attach a certified copy Of a diploma or certificate of
graduation from a school of massage therapy including a
minimum of 600 hours in successfully complete~ course work as
described in Litellil Canada Ordinance No. 426. (Ordinance ,~t1;ached..1
16. Have you ever been oonvicted of any felony, crime, or
violation of any ordinance other than traffic?
Yes
__No
If yes, given in!orl11lltio!1 as to the time, place, and offense
tor Which convictions \~ere had.
17. Have you been in military service? ______ Yes _____ No
If yes, was discharge(s) ever other than honorable?
__ Yes No
(Upon request, you may be required to exhibit all
disCharge" . )
18. Are you directly or ind!rectly interested in other
establishments in the City of Little Canada to which a
lioense of the same kind has been issued?
_.,,__ 'les No
o i 'd
R,CPPflP rc;g 'Of.! Xl-j~
<!t1f!N\i;) :nu T 1 ~n ,U. T ,1
Q1.:,; HnW In-c?-~fiW
.
19. Have you had any previous massage therapist license that W!lS
r.evoked, suspended, or not renewed? _____ Yes _____ No
If yes, explain in detail:
...-----
-------
20.
Have you ever made
license or similar
__Yes
application tor a massage therapist
activity and had such application denied?
No
If yes, explain in detail:
---'"
-,----,-
----.-
I undQrstand that the infoX'mation provided in this application
may 08 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, s~ch information may at feet the City'S determination on
my application. I understand this information will De maae
available to the City Of Little Canada, its city Council. agenda
and representatives, as wall as the Minnesota Department of
RGVenue, or any other peraon or entity authorized by law to
receive said information. I release the City of Little Canada
from any and all liability for i-ts l'Gceipt and Use of data
received pursuant to this application.
--_______, being first ;:11.111' sWox'n,
uponhis/haJ: 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/tar own knowledge and
belie,! .
signature
SUbscribed and sworn to before me this _____ day of ______
19_.__,__ .
Notary Public
cour-,ti-
~Iy commission Expires _
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(;::"I,T Urill ULC"_l'Wl1
2202. MASSAGE THERAPY AS AN ACCl!:SSO:!l.1( USE.
2202.0:1.0. DEFINITIONS.
J.. The term "mallleJl.\qe therapy" means the rubbing, stroking',
kneading, tapping or rotling ot tn. body with the hands or other
pl.\.rt.ll at t.he body for the exclus!vlII purposes ot rela"ation,
pll.YilIieal fitness, or bC<lutificl'ltion and for no other p'Url;losa.
The practice of massaga therapy 1. hereby cecla.red to
bEl distinot from the lioensed practice ot medicine, osteopathy,
chiropractio, physic"l th<trapy, pcd.iatry, and nursing', as well as
th. pro!essions of athletic coaChing and training. Persons
engaged in thOSEl professions are exempt from the provisions of
thi.s ordinance.
2. '!'he i:e;r:m "massage therapist" md!ans a person Who
praotices massage the~apy.
3. "Massage Therapy Establi!ilh!.ient" shall mean any rcom or
roclIls Wherein ~ person may receive e rnas:5!l.qe trom a "lllassag..
therapist" tor a fee.
4.. "sanitary" Shall mean free from the veget<lt:iva cells of
p~thoqenic-micro-organicms.
S. The te= "accessory USSR as used in this chapter :tlleans
a use at the same location With, and of a nature customarily
incidental and. subordinate to, the principal l,Elll for said
leaat.ion.
220Z.020. LICIDfSZ FOR ~SSAGE THERAPY AS AN ACCESSQRY eSE.
~. No PQrso~, partnership, or corporation shall en9age in
a b~siness, which has massage ther~py as an accessory use,
without bein~ licensed as provided in this chapt4r.
2. The initial apolication fer a license by a ~usinesa
ahall be made by completIng an application torm provided by and
containing SUch information as required by the City A<iminietrator
and by paying a one time non-refundable initiel application tee
of $100.00.
3. If the appli.:atj,on for a li08::lSe under this chi!lptar 1s
g'rented, the $100.00 1:01<3 above shall bQ the first year's license
fee. 'rherea.:t~r, the annual lice:1se fee shall loa $:1.00.00. A
separate llc4nse shall be obtained far each placIB at busl.neiOs.
2202.030. GRANTING, DENYING ANn RESCINDtNG OF LICENSES FOR
MASSAGE THZRA~Y AS AN ACCESSORY USE.
1. Licensas maJ be granted on~y to astab~i5hment5
2202-1
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BnBNH~ ~11 I 11 ,0 All~
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~ssaciat.d with and operating within the confinQs of and
inoid$n~~l to ~ properly Jened beauty parlor.
2. No more than two (2) massaqe therapist individual
licenses will be issua~ to any business establishment.
3. Licenaes ~ay be denied or rescinded if the premises ot
the establishments do not meet the requirements Of the City
C"\'1.neU, and of the buildinq, =atety and sanitation regulations
of th~ City ot 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.
S. Licenses may be deniad or rescinded if tho applicant,
license. or employee of tne same fail to comply with, or have a
history ot violations ot tn. laws or ordinances whiCh apply to
health, safety, or moral turpitude.
6. ~he city Council ~ay attach such rea$onable condi~ions
to the license as it, in its sole discretion, ~Qoms to he
appropriate.
i. The Ci~y may run criminal history checks on any
applioant for II. license pursuant to this chapter.
2202.040. ~SSAGE THERAPY ONLY BY LICENSED P~RSONS.
1. No person shall pX'ovide massll.~" therapy without being
licensed individually as prov1~Qd in this chapter.
2. Application tor license, Any perscn desiring to 0<3
lioensed shall file an application on forms provided by the City
Administrator. The application shall ~cntaln su~h information as
thQ city A~inistratQr may X'equire, including:
a. The applicant's full name, addr.ss, social
5ec~rity number, and written proof ot aqe.
b. The "AllIe and address Of the establishlr.en't by which
the applicant expects to be emptoyad.
c. A statiimant concerning whether the person h.ilS been
convicted of or entered a plaa of quilty to any
crime or ordinance violation and, if so,
information as to the time, place and nature of
such crime or offense.
d. proot that the applicant meets the following
educational requirements:
(1) A diploma or c~rtificata of graduation from
220~-2
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a school apprcved by thell.:merican Massage
~erapist Association or other si~ilar
reputable massage association; Or
(2) A diploma or certificate of graduation f~om
a school whioh is either accredited by a
recognized educational acorediting
association c~ egenQy, Or is licensed by
the State or local 90vernment agency having
jurisdiction over the school.
(3) Each applioant shall also furnish proof at
the time of application of a minimum of 51:;:
hundred (600) hours of successfully
completed course work in the following
areas:
(a) ~he theory and ~raotice of ~a$saqe,
including, but not lirnit,s,j to, Swedilill,
~~alen, Shiatsu, and/or Foot
Refle~ology tQchn1quesj and
(b) Anatomy, incluciinq, but not limited to,
$keletal and muscular structu~e and.
organ placement; and
(C) aygienra.
3.
fee fer ill
($7:5.00) .
Fee. The annual non-refundable application and licenQa
masaaqe tberapist is SeventY-five anQ NoI100 Dollars
4. RevlQw Qf application. License ap~lications shal: be
reviewed by thQ City Administrator, and the Sheriff's Department
may run criminal histcry checks on applicanta.
5. Denial of application. 'the lioense <lpplication may be
denleQ for any of the following reasons:
a. The application con~ains false, t~a~dulent, or
deceptive statements.
e. The applicant has beerl cOl1victeQ of or entered a
plea ot guilty within the p~.viQUS three (3) years
to a violation of this chapter or o~ anY other law
regulating the practice of massage, or of any law
prohibiting criminal s.~al conduct, prostitution,
pandering, indecent conduct or keeping of
disorderly house.
c, t'h. apPlicant has not complied wj.t~ a prOVision of
this ordinance.
2202-3
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d. Th. applicant 1s less than eightien (18) years ot
aqe.
2202.050. REVOCATION on SUSPENSION OF LICENSE. A license
may ~e revoked or ~u~pended for any of the follc~in9 reasons:
1. Fraud, deception or misrepresentation in connection
with the reqistration application.
2. A violation of any provision ot this chapter.
3. Conviction of a criminal sexual conduct, prostitution,
pandering, indecent conduct, or keeping a disorderly house.
4. Conviction of any crime or ordinance violation arising
out of the practice of massage therapy.
S. Exhibition of II demonstrable lack of skill in the
practice of massage therapy.
220:1.060. RESTRICTIONS AND REGULATIONS.
1. Any person re9ister~d as a ~assage therapi3t hereunde~
Shall di$play such license, or a true copy theraat, in a
prominent place at s~ch person's place of employment.
Z. U~Qn ~~and of any police officer at the place of
employment, any person licensed hereunder shall produce correct
identification, idantltyin9 himself/herself by his/her true legal
name and oorrect address.
3. During husiness hours, all massage therapy
establishments shall be open to inspection hy City auildinq and
License Inspectors. Health Officers, and police officers.
4. Any person licensed he~eunder shall practice massage
therapy only at such locaticn or locations as are assignat:d in
the license. Any person regist~red hereundsr shall inform the
City Administrator, in ~Titing, Of any Change in location prior
to 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.llI. daily.
6. No beer, liquor, narcotic drug or contrOlled SUbstance,
as $~~h terms are defined by State statutes or the C1ty Code,
ahall ce permitted on licensed ~remises.
7. Violation of any lav or regulation relating to
building, safety cr health, shall be qrounds for revocation of
I!l.ny license.
2202-4
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e. There shall b~ no looks on doers of massage rooms.
'i. Whenever II massage is g-ivtlm, it shall be required: by
t~e massaqe tnarapiat that the parson who i~ reeeivinq the
massage shall have her breasts and hiS/her buttocks and genitals
cove~ed hy a nontransparent material.
10. Any massage therapists performing any massages shall at
all times have her breasts and his/her buttocks and genitals
covered wi~~ a nontransparent ~aterial.
2202.070. V!OLA~IONS, PENALTY. Every person or entity who
violates this ordinance is guilty of a misd~.eanor.
(Sourc..: Ord. 428)'
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810.005
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Public Health; Public Nuisances
.
. SECTION 810. MASSAGE SERVICES.
810.005. Defmitions. Unless the context clearly indicates otherwise, the words below are
defmed for the purpose of this section as follows.
1. "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
.
8-8 .
Minnetonka City Code
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810.015 \
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 practice of
therapeutic massage; and
(3) has 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 that is 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
8-9
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810.015
Public Health; Public Nuisances
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 a natural person, a corporation, a partnership, or .other form
of organization;
b. if the applicant is a natural person:
(1) the true name, place and date of birth, resident address and phone number of the
applicant;
(2) whether the applicant has ever used or bas been known by a name other than
his/her 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
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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) a true 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 incharge 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;
tit
h. the name, residences, and business addresses of three residents of Hennepin county,
of good moral character, not related to the applicant or fmancially interested in the
premises or business, who can provide information about the applicant's and/or
manager's character;
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Minnetonka City Code
8-11
II
~' 810.020 Public Health; Public Nuisances
i. the location of the business premises; and
j. other information as the city may require.
2. Personal service licenses.
a. an the information required under section 810.020(1), subparagraphs b, e, g, h, and j;
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 license, whether business or
personal service, must be signed and sworn 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:
"....,.
t
1. is under 18 years of age;
8-12
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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 responsibliities of a licensee as required by Minn. Stat. ~ 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
e
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.
:.L. U.',...
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 license. 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 oppormnity 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.
e
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Minnetonka City Code
8-13
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/ 810.045
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c.
Public Health; Public Nuisances
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
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 of this 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
cquncil.
e
8-14
Minnetonka City Code
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Public Health; Public Nuisances
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
Public Health; Public Nuisances
810.060. Suspension or Revocation of License. The city may 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:
1. 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 Licell$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.
1. 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
under pressure, single-use 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 cfm per square foot of floor area and a
minimum of 20 foot candles of illumination. The closet must include a mop sink.
4. Floors, walls, other structures, and equipment in massage rooms, restrooms and
bathrooms used in 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 towels, 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 for 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 use.
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
demartd by a health inspector or police officer, a person engaged in providing services in a
licensed premises must identify himself/herself giving hislher true legal name and his/her
correct address.
Minnetonka City Code
8-17
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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 11:00 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
induces, causes, coerces, permits or directs another to violate a provision of this ordinance is
guilty of a misdemeanor.
........,..
8-18
Minnetonka City Code
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Date of Application: _'--f_
Business License Fee:
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FOR POLICE DEPARTMENT USE
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Reviewed
Denied
Approved
CITY OF MINNETONKA
APPLICATION 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 infonnation will be used to detennine your
eligibility for issuance of a license, pennit, 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:
(SlrHt, City, Slate, Zip eoa-)
IF BUSINESS IS TO BE CONDUCTED UNDER A DESIGNATION. NAME OR STYLE OTHER THAN FULL INDIVIDUAL 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. CJty, Slat.. ZIp Code)
Business Premises:
Property Owner:
Owne(s Address:
(Street, CIty, Stale, Zip Code)
Owne(s Phone:
(AnI_ Code .,d Number)
Attach copy of lease, mortgage, or property tilIe.
5. Is the applicant licensed 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.
Partnershill
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:
a) Full Name:
Residence Address:
(Str8e~ City, StdI, Zip Code)
Business Address:
(Street, City, State, Zip Code)
Full Name:
Residence Address:
(Street, City, Stale, Zip Code)
Business Address:
(SIrHt, ClIy, State, Zip Code)
b) The managing partner will be:
IF THE APPLICATION IS FOR A PARTNERSHIP, ATTACH 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.
Corlloration
a. 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)
(Street, 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:
(Area Code and Number)
(Street, City, State, Zip Code)
Vice-President:
Residence Address:
Phone:
(Ar68 Code and NWTlber)
(Street, City, Slate, Zip Code)
Secretary:
Residence Address:
Phone:
(Area Code and Number)
(Street, City, State, Zip Code)
Treasurer:
Residence Address:
Phone:
(Area Code and Number)
(Street, CItv, Stale,l!p Ctlde}
(2)
/
10. The full names, residence address ar-d 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 colporation or association in excess of 5%.
. Full Name: Interest:
Residence Address: Phone:
(S..... City, Swe. ZIp Code) (Ami Code IW1d Number)
Full Name: Interest:
Residence Address: Phone:
(.......CIly.S_.ZlpC_l (A1e8. Code aM Number)
%
%
11. Ust 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, DI', b) in the county in which you live - if you live out of the metro area or in another state, of good moral
character. not related 10 the applicant or financially interesled in the premises or business, who may be referred 10 as to the
applicanfs character. Submit" written fBff/f'llnee lett", f,om flllch person listed below.
In accordance with Chapter 154, the City Council may require other information upon request.
,,\1 persons whose names and addresses are supplied in the foregoing application wilh Ihe exception of references listed in Item 11 and
employees listed in Ilem 12 shall provide completed Part 2 Personal Information. forms as a part of this applicati.on.
.(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 RECORD.
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 !i364.03.
3. HOVVEVER, 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 PROVIDE THAT INFORMATION.
x
{$lgnatuJe aI' Applicant!
Subscribed and sworn to before me a Notary Public
on this
day of
,19_.
Commission expires on:
(Notary Public)
H:\WP\FORM5\A.1-MASS.BUS
(4)
,
.
/ L ~.
"
CITY OF MINNETONKA
14600 MINNETONKA BLVD.
MINNETONKA. MN 55345
(952) 939-8274
,
,
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 Coordinator/Administrative Assistant at (952) 939-8274.
3/2000 L:\FORMS\A-M...ageche
,
.
\
FOR POLICE DEPARTMENT USE "
. Date of Application: ---1---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.
Applicant's Name: Maiden Name:
fUll) (Firat) (Full Middle Namel
Residence Address:
(Street Name) (City) (Stale' (ZIpC0cS8)
Place of Birth: Date of Birth: Phone:
(City, Stat.)
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:
Single
Divorced
Date of Employment:
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(laturalized, date and place:
Social Security Number: Drive~s License Number.
Have you had training and experience in performing massage service? Yes_ No_
If yes, specify the training and experience?
Employment Background for the past five (5) years (list below starting with most recent employment):
DATES EMPLOYERS POSITION HELD
I
.
.
.
List your residence addresses for the past five years:
,.
(Street Addrus) (Clly) (Stllte) (ZIpC:-)
(SIreet AdOrN') (Clly) (Stete) (ZipC_)
tStreeIAdd.....) (Clly) ISI.~) (ZipC:-)
IS.... ......., (CIly) (SllItII) (ZipC_)
(S,,"I AddreN) (CIly) (Slele) (~COd.)
List three (3) residents of the 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 letter from each person listed below.
(HarM)
(StrHt, City, 51U, z.., Code)
(PhoMNo.)
(Name)
(Street, CII:y, Slate, ZIp COOt)
(Phone No.)
(Name)
(S.,..I, City, Stale, Zip CoOe)
(PhonIINo.)
ppllcants must attach evidence of their education qualifications, Including originals or certified copies of Degrees, Diplomas or
ertificates,lf 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
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
(Signaltn of AppIicanI)
Subscribed and sworn to before me a Notary Public
on this
day of
,19_.
Commission expires on:
(NotllryP\bIIc)
_....)
~
f 1 e ~-t~dl
'Qity!6f
. m.fu.netonka
Environmental Health Division
14600 Minnetonka Blvd.
Minnetonka, MN 55345
Phone: 952-939-8274
Fax: 952-939-8244
ENVIRONMENTAL HEALTH LICENSE FEES FOR 2000
~it~li~m~~,~~1i~, .
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
(Po(ice 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 CapaCity IScreen
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 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
~
,
.
CONSTRUCTION REQUIREMENTS FOR
MASSAGE BUSINESS AND MASSAGE THERAPY
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. Mowat least 10 worlcing days from the time
the plans and necessary infonnation are submitted for the plan review prrx:ess. Structural
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 feet).
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.
,--
.
"
TOILET ROOMS. SHOWER ROOMS & LAUNDRY ROOMS
1. Aoors must be approved rrtaterials 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 (51 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
1. 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
, . 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.
Minnetonka Environmental Health Division. 14600 Minnetonka Blvd.. Mtka.. MN 55345. (6121939-8279.
5/97
H:IWPlHEAl THIF-MASSAG.REQ
City of
minnetonka
Environmental Health Division
14600 Minnetonka Blvd.
Minnetonka, MN 55345
Phone: 952-939-8274
Fax: 952-939-8244
ENVIRONMENTAL HEALTH LICENSE FEES FOR 2000
~LZi~,i:JG~i~~F' .j... .... .i:"..,,!!......:'i};;.;!:,:::; 1.lCENSEFEE
BOWLING ALLEY
Per Alley $11
GARBAGE TRUCKS
First Vehicle $90
Each Additional Vehicle $55
Reinspection $30
*LODGING
Base $145
Per Room $1.50
MASSAGE LICENSES
Non- Therapist Business $1,000
Therapist Business $300
Personal Therapi st $50
IPolice Investigation Fees also apply to massage licenses)
*PET SHOPS $95
ROLLER SKATING RINK $110
POOLS
Indoor Pool $260
Outdoor Pool $215
Each Additional Pool $155
*TATTOOING $175
THEATERS
Seating Capacity/Screen
0 - 300 $240
301 - 500 $300
501 - 700 $360
601 - 1000 $420
More than 1000 $480
TOBACCO - RELATED PRODUCTS $50
*PLAN REVIEWS New Establishment 100% of license fee
Remodel 50% of license fee
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 Government Data Practices Act and the Federai 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 licensing 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 along with your appiication to the City of Mlnnetonka.
Please print or type
Type of license being
applied for:
Personal information:
Applicant's last name
First name and initial
Social Security number
Applicant's 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 Ident/ficatlon number is not required, pfease explain on the reverse side of this form.
Signature
Title
Date
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.insure. This information will be coffected
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)
J 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:
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 - Personal Infonnatlon
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 carll.
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:
Maiden Name:
(.....)
(First)
(F...U Middle Namll)
Residence Address:
City in which you live:
lusiness Name:
Phone:
(Street, City, ~e, Zip Code)
County in which you live:
(Eltabliflhment for which the m..~. lieenM il granted or ~plied for)
Business Address:
Phone:
(Street, Cirr, SIaM, ZiP ewe)
Place of Birth:
Date of Birth:
(Clty,Count)',Slale,
(Month. Day, Year)
Height: Weight:
U.S. Citizen Status: Yes_ No_
Social Security Number:
Name of Spouse, if applicable:
Color of Hair: Color of Eyes:
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 time 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:
Personal Information . 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 inlonnation 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 AdQr.:q~
(City, State,Zip)
(Oat..)
(Street Addlllu)
(City, Stale,Zip)
(Oetes)
(Street ADdreu)
(Cily, Slate, Zip)
{D.t..~
(Street AcldrelSj
(City, S~e, Zip)
(Date3~
(SlreeIAddress)
(City, State,ZipI
(Cites)
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 Of oec:upatiOn) (Slreet.AQdrell.) (City, Siate,Zip)
(Businesl or occupation) {Stree,Ad<1teft) (City, State,Zip)
(Business or oa:upahon) (S\reetAODreIS) (City, State. Zip)
(Buairw.., or occupation> (SlreeIAddreu) (City, Stale,Zip)
{Busl1'\&s1 or OCCl.lpaticm) (StreeIAdaress) (City,Slale, Zip)
7. Names and addresses of your employers and partners, il any for the preceding five years. (Begin with present or last
address and work back.)
(NAMES: Employers or P1l1l1nefll) (51ml Addr...) (CIty, Slate, Zip)
(NAMES; EmplOyer. or Partrle~) (Street Address) (City.St8.te,Zip~
(NAMES: Employers Of Partners) (Street MetreD) (City, State. ZIp)
(NAMES: Employers or Partl"ler$) (SlreillAi:ldreasl lCi\y,S\illta,Zlp)
(NAMES: E.mployers or Partners) ($treetAaaress} (Cily, Stalll,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)
, Personal Infonnatlon - Part 2
list the names, residence addresses and phone numbers ofthree residents: a) ofthe 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 state,
of good moral character, not relaled 10 the applicant or financially interested in the premises or business, who may be
referred to as to the applicant's character. Submit II 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 CONSIDEREO 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.
,.
3.
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
(SIgnatl.lrfl of Applicant)
Subscribed and sworn to before me a Notary Public
on this
day of
,19_.
Commission expires on:
.
(NcI8l)lPubJlc)
H:\WP\FORMS\PERINFB1_MAS
(3)
,
MASSAGE LICENSE APPLICATION
CITY OF MINNETONKA
INFORMATION ADVISORY ANI} AUTHORIZA TION:i,:
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.. .:. . FOR RELEASEOF 1i\IFORMA TION ,..r
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
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M~-2'1-2tl01 09' 03
C lTY OF Ll t-() LAKES
651 982 2499 P.02/19
613. Adult Usee (sexually-oriented. Bu51ne..esl
613 . 01
PUrDO.. and ~nt.nt.
SUl:ldiviaion 1. It is tlle purpo.. of this section to
requlate adult use sexually-oriented businesses to prOlllote the
hell1th, safety, morala, and general welfare of the citizens of the
oity, to guard aqainst the inception and transmi.sion of diseas.,
and to ..tab1i.~ reaaonaQle and Qnlform regulations. the
provisions of the section have neither the purpose nor effect of
imposing II limitation or rest.rict.ion on the content of any
comunlcativs lIIatedals, inoludinq Iiexually-orientecl lllaterials.
similarly, it i. not the intant nor effect of thiill Ileetion to
re.trict or deny access Qyadu1t.. t.o .exually-orient.sa materials
protected by the F lrst AlI\~nt, or to deny aoo..s by the
distributors and exhibit.ors of sexually-oriented entertainment to
their int.ended aarket.
Subd. 2 Ths city COU1'\cll further fin~ that. experience
from other oit.ie. demonstrat.e. th,t adult use Qu.in....s conducted
in private by lIltllllbers of the slime or the opposite sex, and
employinq personnel wltb no specialiZed training, are susceptible
to operation in a unner contravening, subverting or enda:nqexoinq
tbe health, safety and weltare ot 1I\.mners of the cOlllla\Ullty by being
the site. of act. of prostitution, illicit SaK, and occasions of
violent crimes, tbus requiring cl08e inspection, licensinq, and
r.egulaticn.
6l3.02 Definit~cns The fOllOwing werds, te~s and
phrllUS. when used in tbis .ection, shall have the ..anings
as=ibecl to them in this saction, except where the context clearly
indicatee a ditferent ..aninq:
l. .lDtJII.l1 US. ~.l) If_I
(A) ADULT USES: Mult uses inolude adult bookstore.,
Ilclult IJIOtion picture theaters, adult. mini_oden pictur. theater.,
adult. mallsllge parlors, adUlt steall room/bathhouse/sauna facil1ti.lII,
adult OOlllpanionnip e.tablish:mill1t.., adult rap/conver.aUon parlors,
adult health/sport. olubs, acil,1lt cal:laret., adult novelty business..,
adult lIlotion picture arcad.88, adult IlOd.l1nq studios, adult
hotels/motelS, adult bOdy paintinq .tud108, and other premises,
enterprises, eatabliahments, busines... Or place. open to some or
1111 llI.-bar. ot the public, at or in which there is an emph~81. on
the presentation, display, depiction or de.cription of "speoified
sexual activiti.s" or "specified anatolllioal areas" which are
ollpal:lle of ])einq seen Qy ~rs of the public. Activitiea
cla..1fied as obscene ae defined QY Minnesota statutes 617.241 are
not included.
(1) Specified Anatolllical Areas:
(a) Less than oompletely and opaquely
covered human qenitalll, pubic region,
buttook, anus, or female braast(s)
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CITY OF LIND LAKES
651 982 2499 P.03/19
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below a point immediatelY above the
top of the .r.ola~ and
Human male qenitals in a disoernible
tur~1d stat., .van it cCJUPlet.ely and
opaquely oovered.
(2) specified Sexual Aotiviti..:
(b)
ea) Actual or simulated sexual
intercourse, oral copulation, anal
intercourse, oral-anal copulation,
bestlali~y, direot phy.ical
st:iDIulation of unclothed qenitels,
flll.qelllltion or torture in the
cont.xt. of II lil~al :relationship, or
the us. of excretory functions in the
context of a ..xual relationship, and
any of the followinql sexually-
oriented act.. or conduct: II.nilinqus,
buqqery, coprophll9Y, ooprophilia,
ounn:l.lin9Us, fellatio, necropbilia,
peduasty, pedophilia, piqueri8m,
sapphism, zcoerasty; or
(D) Clearly depict.ed human qenitals in
the state of sexual stimulation,
arousal or t.umescanoe; or
(c)
u.. of hUllllU'l or anual ejaculation,
ao<1Ol11Y, oral OClpulatio:t\, coitus, Ot'
maat.urbation~ or
Ponclling or touohing of nude human
genitals, pubic reqion, ))utt.oolta, or
fE1lllale breast, or
Sit\tlltio:t\1l involving a person or
per.on., any of whom are :nUda, olad
in undergarment, or in sexually
revealing oostUllles, and who are
engaged in activities involving the
flagellation, torture, fetterinq,
blndlnq or other phyaical restraint
of any lIuch pU80ne; or
Erotic or lewd toUching, fondling or
other sexually-oriented contact. with
an a.niUl by a hlUllan being; or
(d)
(e)
(f)
(Il)
H\:llllan excretion, urination,
menaeruatlon, wginal or anal
irdqation.
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CITY OF LlNO LAKES
651 982 2499 P.04..t1.9
NJut:r USE ~ ACCESSORY. The oUerinq of retail
qoods for sale which ar. classified as adult u.es
en III lillited. seal. and which are inold.nt.al to the
primary activity and goods and/or .ervice. offered
l)y ttle estabU.bluet. BXuplea of such itQ\S
inolude the ..1. of adult. lIIlIqazinea, the ..le
andfor rental of adult lIIOtion pictures, the sale of
adult novelti.s, anc1 th. lUte. (Abc .e.
applicable ..ot1ons of tne City Zonil19 Code for
further requirellL.nts defininq adll.lt 1l.5. acc.s.ory.)
ADULT USES - PRINCIPAL: The offering of fOOdS
and/or ..rvicaa wbich are classifiad as adult ll.Ses
as III pr1mary or sole aCl't:ivity of III bUin..s or
astabliehme.nt and inClluded but are not limit.ed to
the folloW in;:
(1) Adult u.. - 8o4y Painting studio. An
e.ta1:llistun_nt. or ~1n_ss which provideS the
serv1ce of applyinq paint: or other sul>>;tanceIl,
whethar tran.parent or nen-transparent., to or
on the body of a patron when such body is
wholly or partially nude 1n t:eX'lll8 of "lIIpecJ.f1ed
anatOlllical areas".
(2) Adult O'.e ~ Bookstore. A building or portion
ot a l:IuilcUnq uae4 for the barter, rental or
881e of itellS con.hting of printed pt:ter,
pict.ure., alid.s, reoona, all.dio tape,
videotape, ClolllClact disCIII, aompll.ter .ofbtue,
digital recordings, 1I0tion picture film, or
other eOllllll1U1iClAtion medlU111. if Iluch building or
portion et a 1:I\1114inq 18 not open to the publiCI
qenerally I:lut only to one or .ore ola_Sea of
the pu.blia exC:ludinq uy minor by reason of ag-e
or if a aubS'l:antial or significant portion of
.uch i~ are diat.infll.illlhed or oharacterized
by u emphaais on the depiction or a..oription
of "specified lIawal activities" or "Ilpec:ifi.ed
anatomioal area.",
Adult use - Cabaret. A building or portien of
ilL building used for proViding .sanc:inq or other
live sntcu1:.ailllllent., if such building or porU.on
of a Wildinq exclud.. minors by virtue of ag-
ar if sucJ1 dancing or other live entartainment
i. di_tinquiahed or oharaotuized by an
emphasis on the presentation, display,
depiotion or description of "specified aexual
activities" or -specified anatCllll1cal uus".
(4) Adult. tl_ - Companionship JIlatabUe1Ullellt. A
companion.hip e.tab11shllent whioh exclude.
minora by re&lIOn of age, or Which provide. t.he
aervice of enqaqinq in or listeninq to
(3)
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651 982 2499 P.0S/19
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eonversetien. talk or disCIlssion between lUl
8IIlJlloyee of the B.t.ablisl:lllent and eo customer.
i~ Auah service is distinguiShed or
charactel:'ized by an emphasi8 on "specified.
sOXllal aotivitiesH or "specified anatQJlical
area.".
Adult USG - convenation/Rap parlor. A
oonversation/rap parlor which GXCludaa minors
'by reuon of acae, Ol:' Which provide. the .e:!:Vice
of engaging 1n or listeninq to convel:'84tion,
talk. or diecuadon, it euoM .ervice i.
cUatinquished or c:hlU'acter1144 by an emphasis
en "spllcified. sexual activities" or "speoified.
anatOllllcal area.".
Adult Use - Health/Spol:'t Club. A health/sport
clul:l whioh exolude. minors by re.son of Sqll1. or
if such Club is dist.inguished or charaoter zed
'by an 8Ilpha.is on Hspeoif!e<! sexual activities"
or "spec:ifie4 anatolllical areas".
(7) Adult Us. - Hotel or Koul. Mult. hoteL or
motal lIlaans a hot.el Ql:' lIIQteL froll which 1IIinors
are specifically eXCluded fro1ll patl:'onaqe and
wherein mat.cadal is presented. which 1s
distin9Uished Ol:' characteriaed by an ..phallis
on lllll't;;ter d.e~ictinCJ, descri:Dinq or :relatinq to
"specifie4 saxual activities" Ol:' "speoified
anatomical al:'ealll".
(5,>
(Eil
(8)
Adult Use - Masllage Parlol:', Health Clul:l. A
..s.aqe parlor or health clul:l which restricts
1II1nOrll l:ly reason of age, and which provid... the
service. of massaqa, it such servioe is
diatinqulahed or characterized by an emphasis
on "specified .exual activitie." or .specified
lUlato.leal areas".
Adult Use - Mini-Motion picture Theater. A
build:l.n9 or portion of a builClinq with a
capacity for le.lI than 50 persona used for
presantinq lIIat.U'ial it such buildinq or portion
of 11 bulllill11l as a prevailing prllot.loe 8x011.14..
minors by virtue of aqe, or if suCh uterial
is di.tinguished or charactsl:'ized by an
emphasis on "speoified sexual .cti~iti.." or
"speoified ;anatOlllical are.s" for observation !)y
patrons therein.
(10) Adult Us. - KCXStlillfl studio. An ..to.oliabment
whose majQl:' bWl111eslll is the provision, to
cust.ome1:'a, or fiqur* modelS who are so prov:!.decl
with the int.ent ot providinq sexual etilllUlation
or sexual qratification to suoh custolllers an4
(9)
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(12)
(13)
(14)
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C!TY OF L! NJ LAKES
651 982 2499 P.06d9
who enqaq8 in "specified liI.wal activities" or
display "ape-cLUed anatomical areas" while
bsin9 o})aerved, painted, painted upon.
sketched, drawn, SCUlptured, photQ9raphllld, or
otherwise clepict.ed by such custOlllers.
Adult US. - Motion Picture Arcade. Any place
to which t.he pu.blic i8 plllntitte/i or invited
w~erein coin or slug-operated or
electronically, electrioally or mechanioally
oon'trolled or opera'ted atill or 1IICtor picture
machine., projectors of ot.her image-prOducinq
devices are maintained to .now images to five
or fewer persona per machina at <<ny one time,
and where the imag.s so dbplayed are
dililtinguishe\! or characterized by an 81lphuh
on d.Qpictinq or describing- "epec1l:ied sexual
activities" or "specified anatOlllical areas".
Mult Os. - lIotion Picture Theater. A wild1ng
or portion of a bU11elin1jf w1th a Clapacity of 50
or sore pe.:80na use\! for presenting mat.erial if
such ~14in9 or portion of a ~uildinq .a a
prevailing practice excludes ll\inora 'tJ'f virtu.
of ag8 or it such uterial 1_ d1llltinqulsh.d or
characterll11K by an _phaat. on "apeo1tled.
sexual activiti.a" or "apecified anat01ll1cal
are.... for ob.ervation by patrons therein.
Adult Use - Novelty :au.ines8. A buainelJlI whio~
has as a pr ineipa! act! vi ty the sale of "ev:l.cllI.
whiCh atilllulate hUlllAn qtUlitals or eloaviC8S which
are 4.siqned tor sexual .t~ulation.
Adult Ua. - SaunA. A sauna which excludes
minors by reason ot atJe, or which provid.. a
.te.. ~th or heat ~thlng room used for the
purpose ot bathing, relaxation, or reduCing,
utilizing .teu or bot a13:' as a cleaninq ,
relaxincs or reducinq aqant, if the service
provided by the .aunA is dillltinquiahed 01:'
charace-bed by an Ulph4a.l.s on "specified
ii.xu.l activiti.s" or "apecifilld anatCllllieal
areas..
Adult u.. - steam Room/BathhOus. Fac11ity. A
buildinQ' or portion ot a building uaed for
providing a ateam bath or heat bathing room
used for the purpose of pl.asur., l:lath1nq,
relaxation, or redllcin'i, utlliziD9 at.am or hot
air as a clean1q, r61.&xinr; or rllducinq ..",ent.
if such buildinq or portion of a bl.l:l.ldinq
restricts minors J:oy reaGon of a'il. it' the
servioe provided ~ the steam room/bathhouse
facility is distinguished or characterized by
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CITY OF L! t-(J LAKES
651 982 2499 P.07/19
an .aphasis on "epecifiecl ..xu.l aotiviti.." or
IIspecifiecl anatOllioal araas".
:2. C%TY ADKZ!lI'\'U!llORI The City Administrator of the city
of Lino Lakes.
:3. LICDI8BBI A person in WhOI. nua a licena. to operate an
adult use busin..s has bClen issued, as wall as the individual
liste4 as an applicant on the application for a license.
4 . pa.ol... All incli vi&2ual, proprietorehip, part.narsh1p,
corporation, association, or other 1';81 entity.
5. 8Wl!l1'U':%AL ~l SUbstantial enlarqlllllent of an
adult use business Illlana the increase in floor area oocupied. 1:ly the
buainea. by llIore that twenty-five (as) percent, as the floor area
eKisted on the effective date of this ord.inance.
6. 'l'llU1l~ 011 OllollllDUlBU OR COHft0lr4 'rraMI~ar Qe! cwn.rship
or control of an adult us. buain... meAnlil and includ.. lIIny of the
following':
A. The sale, lea.., or .~-4aa5e or the auains.a;
The transfer of securities which constitute a
contro111nq interest in the busines., whether by
SllIIle, exchanq., or silllUar means; or
C. The utablisblaent of a truat, qift, or Other
dmilar leqa1 device wl1.i.ab traneterlil the ownerehip
or control of the ~u.in8"1l, except for transfer by
bequ...t or other operation ot law u.pon the d.eath ot
the person pos...5inq the ownerShip or control.
B.
613.03 Cl,a..if!cation.
classified as adult U..SI
The
tollowinq
\\aSS
iU'Q
1. Adult uses-accessory.
A. COlllprise no lIlOr. than ten (10) percent of thlll floor
area of the establishment in which it is located.
B. coapriilll no more than twenty (20) pero.nt of tlW
qross receipts of the entire busine.s operation.
c. Not involvGd or include any activity except thll
sale or r.ntal of merchandise.
2. Adult us..-principal.
A.
B.
C.
O.
Body Paintinq studio
Bookstore
Cabaret
Coqpanionship Establishment
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613.04
1.
2.
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CITY OF L1~ LAKES
651 982 2499 P.08/19
conversation/Rap Parlor
Health/Sport Club
Hotal or Hotal
MIl.seq. Parlor, Health Clllb
Mini-Mot1on Picture Theater
Modeling stQclio
Motion Picture Arca4e
Motion Picture Theater
Novelty !luaine..
Sauna
st... Booa/Bathhouse Faoility
Li~a'r\AA..
3.
JlaqU11'e<l and EXempt I
A. No person, firm, or corporation ahall operate.
an adu1.t UIIIl-principal without having first
secured 11 liCllnae .s het'eil'1 provid.d.
B. A4ult uses-acee..ory shall not reqUire a
liCeJUl8 pursuant to tD,i. seat ion .
An application for a licsnse muet !:Ie aade on a fon
provi<lad. by the City. The aplllioation lIIust be
aOClOlllpllnied by . lIkaton or 41&9%'iUII llhowinq the
configuration at the prQliBes, inclQcl1nq a
atat.Ulant of tot.al floor space oocupied by the
bu.sins.s. The ak.tch at' diao;rru need. not. be
prQte.s!onally prepared. bQt JlUlt I:le drawn tQ a
ci.8iqnated IIcale or drawn with market dilllensions of
the interior of th. praia.. to an accuracy at plUS
or lIIinus aix (6) inch.a. Appl1ce.nts who must
comply with Subcliviaion 613 .17 at the aection shall
lIIUb11it .. diagr_ .-ting the raquireaant8 ot 'that
au!:x'l1 vision.
The ap~11eant muat be qualified aco0r4in9 to the
provisions ot th1. hct.ion and the. pr_i... must be
inspected and. found to be in complianoa with the
law by the Fire Department and the 8uildinq
Department.
It a person who wishell to operata an a4Qlt us.
buain... is an in(lividUal, the individualll\uet dqn
the application tor a license as applicant. It..
person who wish.s to operata an adult use tlusineslSl
is other than an individual, .aoh individ.ual who
baa a ten (10) perc.nt or 'ilreater interest in tM
1:l~1n... llI\U1t dqn the application tor a lic.n.. as
applicant. Bach applioant lIust be qualified unQer
SuWivision 613.05 and each applicant ltball b.
considered a licensee it a license is qrantad.
4.
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C!TY OF LI fD LAKES
651 982 2499 P.IlS/i9
,....
613.05
IBSUa!\08 or L~c.n9.
1. The city Administrator shall approve the issuance
of a !ioen.e to an applicant within thirty (30)
days at'br receipt of an application unlus the
AdlIIinistrator finds one or llIora of the l!ollowinc;r 1:.0
be true:
A. i\n applicant ia unCle:r eiqht....'m (18) years of
sq..
,-..
B. The applicant i. delinquent in hiB or her
payment; to' the city of t.ax.., fe.., fines, or
penalti.. ..ae...d against him or her or
iJIIpose4 upon hilll or her in relation to a
.exually-oriented ~ine8B.
c. An appl1cant ha. failed to provide infomation
reasonably necessary tor i.auanoe of the
lioens. or has falsely answared a que.tion or
reqU."t for information on the application
fOrlll.
o. An applicant has been convicted of a violation
of . provision of this Seotion within two (2)
year. illlllediately prececUnq the .pplication.
The fact tha't a conviction is bein9 appealed
shall have no eftect.
E. An applicant. it re.:l.d1ng with a person who has
been denied a 11cen.. by the City to operate an
adult u_ tluBina.s within the precedinq twelve
(la) months, or r..idlnq with a person whose
license to op~ate an adult use business baa
Deen revoked within tne preoedil'l9 twelva (1:1)
ll\Ont.b.8 .
P. 'l'he premia.. 'to be used for the adult usc.
bu. in... nave not been approved by the Fire
Department and the Buildinq Official as being
in cOlIIpliance with applicable lawl1I and
ordinanCle..
,"""""
G. The liollQ1l1le t.e required by this Section has
not. been paid.
H. An applicant. hae been elllp10yed in an adult use
sexually-orianted ll\4.ine.s in a llIanagerial
oapaci'ty within the precedlnq 'twelve (12)
month. and has demons'tratad that ne or aha i.
unable to op~at. or IlIllnaqe an adul.t uae
w.ine.s pruba. in a peaceful and law-atlidinq
manner, thUll nece..itatinq action by law
entorcement officers.
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I. An applicant or th" proposllld ".tabU.hmlilnt. is
in violation o~ or is not in ooapllane" with
the city code.
J. An applicant or an applicant'. spouse hlillll
_an convict:tId of a cri.l:
1. Involvinq any of tn. following offenses:
a. ProsUtut1on all describ.d il'l
Minne.eta Statutes 609.321;
b. Solicitaticn, indtl".."''t'lt of prCQllOti01'l
of prostitution .. d_cr1bed 11'1
Kinnu.ota. statu.t.. 609.322;
c.
Receiving protit
proetitution as
Minn_eta Statute.
cSerived
d..cribecl
609.3231
trom
in
d. Ot.bar prohibit.d acts r.1at11'1q to
proat.itutlon as ci..oriJ::lad in
Minnesot.a Statutes 609.324/
e. Oblloenity.s described in Minnesota
statutes 611.241;
f. Sal., di.semination, distribution,
eU.play or exhibition of harll\fu.l
lII&1:.erial to ainors as descrilM4 in
Minn.sota Statute. 611.293 and
617.3941
q. Sexual perto:rmllnoa by .. child. lUll
d..crll:aed in MinrI..ota Statut..
617.246;
h.
Dils_inadon or pen.uion ot child
pornoqraphy .. deser ibad in Hinnesota
statut.. 617.241;
Indecent exposure as d.8I1orib.d in
Minn..ota statutell 617.231
criminal ..xual oencluct a. c1eec:r ibad
in Minn..ota statut.. 609.342;
609.343, 609.344, and 609.3451
Incest, as clescriklad in Minnesota
Statutes 609.365, or
Cr1lllina1 attempt, conspiracy, 01:'
lilo1i.o1u.tion to cOIIlIIit any of the
toregoing otten...;
i.
j.
k.
1.
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1:(.
ClTY OF UNO LAI<ES
651 9822499 P.11/19
For Whicb:
a. Lesa ttlan two (2) years have E1l"paed
since ttle date of conviction or the
date of relea.. frolll contin_ant
imposed tor the conviction, wh1cba'Ver
ia the later dat., if the oonviction
is cf II lIIil1c1ellleanor otten..;
b. Less than five C~) years havs elapaed
aince the date of conviction or the
date of relea.... trom conflnlllllent,
whichever is the later date, if the
conviction is of a felony oftan.s; or
c. Less than five (5) years have elapsed
since the d,at.. of the laat oonviotion
or the date of release trOl/l
confin_ent for the last conviction,
whic~.v8r i_ the later date, if the
convictions are of two (2) or 1IIore
misdemeanor of tense. or combination
of misdemeanor of tenses occurring
within any twenty-four (24) month
period .
The tact that a conviction is being appealed
shall have not affect on the diequalification
of the applicant or applicant'. spouae.
2.
.
L. An applicant wile has baen convicted or WhO..
SPOUSl/l halo ):)ean eonvict.ed of an oft.nse listed
in Section 613.05. ell. (J). (1) lIl&'1 qudify
for an adult uae bus1nus licenlilli only when the
time period required by Section U3.0S. (1).
(J). (2) has elapsed.
M. 'l'be license, if qranted, shall state the nallle
of the person or persons to WOII it is granted,
the expiration date, and the address of the
adult use bus1.n..a. The license Shall be
postea in a conspicuous place at or near the
entrance to the a4u1t Wle li$XUally-oriented
I:Iusiness 810 that it may be eadly read at. any
tiae.
613.06 Licans, Yea.: Lie.nae Inves1:.iaation Fa,_. The
annual foe for an adult uae business licen.e .hall be ..t by
resolution of the City CQuncll. orb. investigation tee for the
plJrPose of is!luinc; a lio.nae shall be set by 1'.801ut10n of the city
COWleil, :In the event that the licen.. is !;teni..! upon application,
the licen$e fee .hall l:le refunded.l however, no part of the lioen..
__ invastigation fee shall bill returned to the IIpplioant. Ho part of
the annual licen.. fee shall b. retundad. it the license is
suspended or revoked.
159
~1AR-27-2001 0S' e9
613.07
?--
1..
2.
3.
613.08
1.
.,-..
2.
613.09
~
1-
CITY OF LI J-O LAKES
65, 9822499 P.12/19
Ins'08~'t1on.
An applioant or licensee snall permit
represenutiv.. of the police Deputment, Fire
Department, and suilcUnq Inspection Civision to
inspect the prui... ot an adult u.e bu.iness tor
the purpose of in.urlnq cOlllPlianoe with the law, at
any time it ill occupied or open tor bUsines..
A person who operate. an IIdul t use busin..s or
their agent or employe. comaita an offen.. if the
peraon refu... to ~rIlit .. lawful inll'Pection ot t.I:I.e
premi... by .. repre..ntatlv. of the police
Depa:rtaent at any time it is occupied or open for
bus in... .
Tbe prelviaiONl of t.I'li. section do not apply to
lire.. of an adult motel whioh are currentlY Pain9
ranted by . CU.tOlllU for use u .. peJ.'lllanent or
temporary ha~itation.
l~ir.~iQn of Lic.~s.
EAch renewlIl lio.nae .m.ll b. i.sued for a lllaximum
period of one (1) year. All licens.. expire on
DeclllllDer 31 of ..ch you. Bach lieenllll may be
renewee! only by lllu1no; app11ce.'l:1on a8 provided in
Sect.ion 61.3.04. Application far re.newal mall I:lG
Md.e at 1848t ninety (llO) day. betet'e the
expiration ekte. It the city Administrator
determine. qood and .ufficient cause is .hown by
the applicant tor failure to Ule . timelY ranewal
appl1eaticm, the City Administt'ator _y, it other
provisions elf the section are COllpl1ed With, grant
the application.
When the City AdlIinietrator denio. rlmllwal ot a
lioen.., the appUcan\: .nall not be i.Busd a
licen.. for one (1) yur frQII the date Of clenial.
Xf, 1Iubaaquent. to ~enial, the City AdlliniBt.J:at.or
findS that '!:he basia tor <1enial of the renewal
license has IM~ corrected or allated, the applicant
lnaY b4 grant.ad a lican.. i.f at. le.st ninety (1I0)
days M.ve elapsed. since the date denial bec...e
final.
1.
iusQonsion. Ths city AdIIlinistrator may lluBpend a
1108111118 for a period not to lIXce04 thirty (30) oays
fOllowing written notice and an opportunity tel be
heard it the A4ainistrator determine. that a
licensee or an employee of a lie.nee. h..:
V1olate4 or 1. not in complianoQ with th1e
ordinance;
160
Mffi-27-2\301 09: 110
<I.
r
3.
4.
5.
613 . 10
1.
2.
,'-'
-
C IT'r' OF Ll N:l LAkES
651 962 2499 P.13/'19
Engaged in exce.sJ.v8 us. of alcoholic bQveraqes
While in the adult use aexually.oriented Dusine.s
pr_ise./
Refused to allow an inspection or the adult use
business premi... as authorized by this .ect.ion;
Know1nqly penaittlld unlawful quibl1ng by any person
on the adult us. huain... p~i...l
DQlonstrated inability to operate or manage an
adult u.. busines. in a peaceful 1In4 law-abiding
manner. thus necessitating llc:t.ion by law
enforc...ntotticers.
RaVac!Ilt:ion.
The city Adainiatrator may revoke a l1c.nse
preceded by written notioe and an opportlUlity to be
heard if a oau.e of suspension in Section 613.09
occur. and !:he l1cense bas been auspended w:l:tlUn
the preo.,Unq tv.l ve (12) lIlOntha.
The city Administrator may J:'evoke II lic6n.. if the
city Mm1nis1:rator determines thAt..
A. A licen.e6 gave tal.. or 1I1s1eadinq infot1ll&tion
~o the city during the application prooesm,
B. A lioens.. or an employee has knowinAily alloWeQ
pos..a.iol'l, us., or sale of controlled.
subatano.. on the premis..,
C. A licensee cr an employee has knowingly allowed
proe~itution on the premises,
D. A licensee or en qployee knowinqly operated
the adult use l"uslnull c1UJ:'inq a period of t.illle
when the 11oe.nllee'. lioenlle wa. suspended.
Ii:. A lioens.. has been convioted ot: an o:tfense
listed in s.c:t.lon 613.05. (1). (Jl' (1) for
whioh the time puiod required n Saotion
613.05. (1). (J). (2) has not elapsed,
F. On two (2) or 1I0re ocolls!onll within a 'twelve
(12) months period, II person or persone
COIItIIlittlld an cfCenoG OCIcurdng 11) or on the.
licensed premis.. of a crime listed in Seotion
613.05. (1). (J). (1). for which a conVlgtioll
has been O:btalned, and the pers.on or persons
were 8IllPloya.s of the adult u.e bU81neslll at the
time the offens.. were oomaitted/
161
MAR-27-2001 el9: 10
C I T" OF L! 1-0 LAKES
651 982 2499 P ,14/1'3
G. A lio.Dllee or an employ.. haa knowingly allowed
any act. of aex\l.al intax'oo\U:Sle, sodomy, oral
copulation. ua~Ul'bation, or 5axual contact. to
occur U\ or on th_ 1 ie_naed. premi.... 'rhe t.era
"sexual eont.aat" .hall have th. lIleaning ae it
il!l defined in JC1nnosota Statut.as 609. 3<U, 8Ul:ld.
Heb); or
H. A l!oanse. 1. d.el1nquent in payment to the City
fer ad valorem tax.., looal loaqing tax, or
otber tax.. or fee. related to the adult use
s.xually-orient.ed busin....
3. The ;faat that II conviction is beinq appealed shall
have not. _tt8Clt on th. revocation ot the l.ictmse.
,.....
4. Subeectiem lii13.10. (2). (G). d.oe. not apply to
adult motels .. a ground for revokinq the license
unle.s the liean..e or emplOY" knOW1ngly III loved
the aat of 1HXU&1 intercourse, .odCllllY, oral
copUlation, IIUtvblltion, or .exual contaot to
occur in 1I public place or witbin p~11o view.
When the City Mainllltrat.or revolt.. II license, the
revocation ahall cont.inue for em. (1) yaar and the
liCl~se8 shall not be issued. an adult use ))ulllineall
lioense for one (:I.) year trOll the datel:'....ooati.on
baC4~ eftect~v.. If, aub.equent to revocation,
the city Ad.mini.tra'tor fincla that the basi. for the
revocation has been oorrected or abated, the
applioant may bla granted a licen.e it at la.at
ninety (510) dllY. have elap.d sinc. the date the
revocation became effective. If the license wa.
revokeel undiU' su))..ction 613.10. (2). (G), an
appl1cant HY not be grantd another lioen.. Wltil
the appropriate nlUlll:ler of years required und=
Section 613.05. (1). (J). (2). have elapaed.
5.
.'-
613.11
1.
-
a.~~al.
If the City AdIIinistrator deni.. the issuance of a
liCleIUIe, or suspends, or reVokas a licens.. the
Admll1illtrlltor shall e.nCl to the applioant, or
licensee, by certified mail, return receipt
reque.ted, written notice of the action, and the
r1qht to an aweal. The aqgrieved party may appeal
the deoi51en of the City Administrator within tan
(10) day.. of reo.ivinq notice ot the City'; action.
The filincj ot an a~eal ablys the !lotion of the
cit.y 1tlbI1niSb:at.or :I.n auap.ncUng or revokinq a
liCl6n_ ..ntil the cit.y Council milk.. II final
dllcision.
2. PKOCKDVIJ: The City council may appoint II
committee of the councl1 er an independent hearinq
162
MI'P'-27-::rl01 09: 11
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3.
613 . 1.2
613.13
1.
2.
r-
613.14
1.
2.
613.15
,-.
613.16
I
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CITY OF L: f.IJ LAKES
ES~ 9822499 P.1S/l9
ot:tioar to hear the utter, re"orl findlnqa of
fact, and a recommendation for d~spo.it10n to the
City council. Hearinc;rs on the appeal shalll:Je open
to the ~lio and the licens.. or applicant shall
have the X'i'ilht. to Olppear and be X'apr...ntolll<:l by
legal oounsel and to offar eviclenee in its ~lt.
At the concludon of the hearinq, the City C::ouncil
shall make a final decision.
:t.I)DJ;I:tODta UQUU..,.\n88 'rhe City ClOWtCU may
condition denial, suspension, revocation, or non-
renewal of a licens. upon appropriate ter.llllll and
oondition..
Transfer of Lic:UII!IIll.. A licens.e shall not
'transfer hi. Or her lieen.. to another, nor shall
a liceJlllle. operate an lld.Ult u.. ):Iusinea. Ul'lder the
authority of a lioel'lH at any place gther thAn the
address dee1qnated in the applioation.
,~riitiOnAl RAcula~ions to~ Escort Aoanei...
An .scort agacy shall not employ iUly person under
the Olge of eiqhteen (18) year..
A person couita an offense if ha or she acts as an
..001:1:. or aqre.. to act lI. an escort for any parson
under the aqe of 81.gb1:...n (18) year..
Aadit.ional Raou1ationsfor Nud. Model studios.
A nude model studio shall not employ any person
under the ag8 of aiqhtellJl (18) years.
A person cOIIllIIita all of tense it ba or lIIhe a~p_r. in
a state of nudity or >mowing'ly allows anot.helC' to
appear in a stat. ot nudity in an area ot . nude
1110481 studio praia.s whioh can ))e viowed from the
public lC'ight-of-way.
Additional :R8gu~i}i::i ana fo~ Adult Th_,'t.Br. and. Mult
)f~ion piotur, Thlllat:ers.
1.
A \jIerllon couits an ottenee if he or lIhe knowinqly
allow. a pe:l:'aon under the aqa of eightaan (18)
years to appear in II. state ot nudity in or on the
prnilHls of an adult theater or adult 1fl\Qt.ion
picture theater.
It is a defense to pro.ecution under Subs.otion
613.).5. (1) of thi. section if i:he pe::aon \lI'lcier
a1ght..n (18) years wall in II. ra.t rOQJll not open to
public view or persona of the opposite sex.
2.
Additional Ra9Ulati~n8 for Adul~ Motalm,
163
MAR-27-2e01 09:11
1.
,.-
2.
3.
613.17
1.
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CITY OF L!t-IJ L.Al<ES
651 982 2499 P.1>Y19
Evid~e that &. ale.pint) room in a hotal, IIOt.l, or
aimilar Clouereial eetablishmlant hu been rented
and vaclltec:l two or more t.illes in a period of tima
that is less than ten (10) hour. creat.. a
rebuttable pre.UIIlPtion that the .stabUstuJumt i. an
adult IIOte1 as that te1"lll is detinecl in this
Ordinance.
A person oOllllit. an ottene. it, as the perllOn on
oontrol of . sleepinq room in a hotel, 'IlIotel, or
similar eClllllllerc:ial ..Ubl1snment that does not have
en aclult use bu.in... licens., he or lib. rent.. or
sub-rente II sle.p1ng' rooll to . perllOn and, within
(1) houra trom the till. the room is rented, he Clr
she rents or aul:l-rlanta the SUle ale.pin; ro01ll
II.qll1n.
Por purpo..s of SubseoUon 1513.16. (3) of 'this
seotion, the t8Z"llllJ "rent" or "sull-rent" mean 'the
act of peraitting a room 1:0 be oocupied for an)"
fOB Of consicleration.
Ra~lilt:ionA par~aininq t.o Evhibiticn of Sexuallv
IXPtlait yil.s ~r Vidapa.
A person who operat.. or c:aU81il& to be operatlild an
ad~lt ulie !:>us1nu., other than an adult motel,
which OIXhibits on the praiees in IS vi.IIWUlg room or
1... than one hundred tifty 11:10 square teat of
floor apaoe, a fillll, video cassette, or other vidlllo
reprod.ucUon which depiatll apeClifi.d ..xual
aativitiea or specified anatomical are.., shall
comply with tha rollowinq rllQ\:lirlllllentsl
A.
Upon application tor an adult. u.. 1:1\1.81\'\...
Hcense, the appl1oation Shall be ilccompanied
by a cUaqru of the premise. ahowinq 8 plan
t,hereof IlplIClit'yinq t:.he location of one OJ:' Gr.
lIl&n&CjJer's stationa ana th. location of all
overhead lightinlJ Uxturu and duignatinq any
portion of the praises in which ~uon8 w111
not be pumitt.ed. A lIlIlnaCjJer'. station sha.ll
not exc:.ea. thirty-t.wo (32) cquare 'ut of floor
ILr... The 41891''' sball also de8iqnat.e the
place at which tha pemit will be COl1l5piouously
posted, it granted. A profe..ionally prepare4
c1i&9J:'1UII 1n thenat\U'e of an enCjJineer'. or
architect's blueprint shall not be required I
b.owevlIr, ..ch diagram sboulcl be or:l.lanted to the
north or to so.. deeiqnated street or object
and should be 4rawn to II. desiqnated scale or
marked dimensions suffioient to show tha
various internal aiunslona oJ: all U'..S ot the
interior Of tb. pre.ll\is.. to an ilccuracy of plu.
or minus dx (Ii) 1Mhell, Th_ Ci.t.y
164
Mffi-27-2ta01 a3: 12
,.....
~
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CITY OF LIND LAKES
651 982 2499 P.17/19
A4ministrator acy waive the roreqoin~ diagram
for rel\.wal applications it' thfl applicant
adopts a dlaqru that wall previou.sly lIubaitteCl
aM csrtifie& that the configuration of the
prlUlillu haa not been altered Bince 1t was
prepared.
The application sball be IIworn to be true and
oon_t by the appJ.1eant.
!Ie alt_ration :\.1'1 the conflquratlon or :location
of a manager's atat1cn D1 be lIIaaa without th.
prior approval of the city A4ministratoZ' or hill
or her d..-19n...
D. It 1. the duty of the owners and cperator of
the premi..s to ensure that at least 01'10 ( 1)
lIIIIploy.e ia on duty and dtuated in each
unager'lI .tation at all tue. that any patron
i& present inside the praise..
!. The interior of the prellises sh411 :t)a
oonfipre4 in suoh a manner thillt: there i.. an
unobatruoted view froll a ..naqer's station of
every area ot the prui... to which any patron
i. penittecl ace... tOZ' any purpo.. exolud.in..
rest I'OOlUl. Rest rOOllUl :may not contain videO
reproduction equipment. If the pra.b.. haa
two (2) lIanaqer'. stationa d8111gnated, then the
1nt:er1oZ' of the pra1..5 ah411l:le c<mtiQUt'ed. :l.n
s~ch a JlaM8r that there is an unClI:IIllU'UCt,ecl.
view of . each arM of the proi.'llG t.o whioh any
patron 1. parlIitted. &cce.. for any purpose frail
at leaet. one (1) of the unaqer'. .tation..
The view required in this sub-..ction must be
by direct line of .lqht f%"Olll the manaqer's
.tation.
B.
c.
'I!'. It shall be the Ql.lty ot the ownen and
operator, and it shall alao:t)a the duty of any
a'iJents and elIP10f." pre.ent in the pr8lllise. to
ensure that t:he view area .peoified in Su.b-
section B r...ine unol:letructed by any doors,
walla, llCch~i.e, 4:\.8p1ay racks or other
1lI11t:e7:illllil at all tilles that any patron ilil
present: in the prPlieee and. to ensure that no
patron is perait~ acee.. to any area of the
praises which baa been desi9nate<1 ... an area
in which patrons will not be permitted in the
applioatian fU8C1 pursuant to S\1.b-s.ction A of
this Section.
l;; . 'rhe premi... Glhall /ole equippaCl wi t.h ovall:head
liqhtin4 tixtur.. ct sufficient intensity to
illWllinata every place to which pl:ltrons are
lU
r-
MAR-27-2<l01 09: 13
CITY OF LI HJ l.AKES
,;s'l 982 2499 P.18d9
--
permitted acceSS at IU\ ill\lllinat1on of not lu.
than one (1) foot candle as lII<I!Ilasured at: :floor
laval.
It shall be the d.uty of the owners and
operatora and it shall be the cluty of any
aqents and ...p10ye.s pre..nt 111 the prai... to
ensure that the illumination d.8e~ibad above,
18 lDaintained at all tbleli that any patron 18
pre..nt in the prais...
2 . A person having a ciuty under Sub-sections A 1;hrouqh
Rot Sub-section 1. above ~uit. an offen.. if the
person ~ing1Y fail. to fulfill that: auty.
Ii.
613.1.S
Enf~CA!!1A1'Lt. .
Any person violatinqa provision of this section,
upon conviction, 1.8 puniShable by a Un. not. to
exc.ed ..v~ kundre4 dollars ($700.00) and ninety
(90) days in jail.
2. It 1s . deten.e to pro.ecution under this Section
that a pllrson appearin'l in II. .tate of nudity CUd .0
in II aodeli~ 01... opf5l:'at.lacl.:
1.
~,
A. By a proprietary sebool licen.ed by the state
af Minnesota; . coll04e. junior ooJ.l~e, or
univerlll1t.y B\1PPOrt:e4 entirelY or partly by
~axationl
B. By a private ooUeqe or university whieb
maintain. and oller.te. educational progt'/UIl.8 in
whiQh oreo.l.Q are t.r&mlfarab1e to .. 0011898,
junior Clollelle, or univuaity .upported
entirely or partlY :by taxadon; or
c. In a structure:
1. Wh1ch has no aiqn '1'1.11:11. frQJ\\ the
ext.8x'ior ot the 8~ctur. and no other
advertiainq that incl.ic:atea .. nude person
is avllilable for v1ewinq; am!
2. Where in order to participate in a clad,
a e'tu\1ent llluat: en:eoll at le.,&t. Uu:" (3)
day. in advance ot the ala..; and
3. 1I1:1ue no 1IIOre tb.1ln one (1) nude Illodel 1.
on the premi.es at anyone t:i...
613.19
:J:niunction. A persem who operates or O&U... to tle
operated an &4ult us 1:Iuain... without a valid
license or in viOlation ot this S.ction is subject
-
166
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1'lffi-27-21301 09' 13
CrTY OF LlflJ LAKES
6S~ 982 2499 P.19,'19
to ..suit for injunotion as well .a pJ:'o..cution tor
criminal violatIons.
(section 613 was add.cS to tho city Cod. on Oct.oiler
11, 1993, ordinancB No. 93-16)
lG'
TOTRL P.19
OJ/Ol/20U2 FRI 09;52 R~ 6127552859
CITY OF CIRCLE PINES
ill 007
.
incomplete, ~nd any ~ction
Commission in response to it
voi.d.
t~ken by the Councilor Plannins
shall automatically become null and
350.11 Renewals.
be submitted four
in 350.05.
All applications for renewals of licenses shall
(4) weeks prior to the expiration date set forth
350.12 Penalty. If an application for license renewal is not
submitted within twenty-one
current license, the licensee
activity. Continued activity
be a Sectiou violation.
(21)
shall
after
d~ya after expiration of the
cease the previous license
the twenty-one day period shall
SICTION 355
ADm.!' llISTABLIMBN'l'S
355.01 Purpose and I~tsnt. The purpose of this Section 355 is to
prescribe licensing req1.lirements for sexually-or1enced ):;usin",,.se,.
in order to protect the general h~alth, safety and welfare.
35!5.02 Findings of the City Coun:Q.
Subd. 1 Fin<:linqs. The Ci ty Council of the City of
Circle Pines makes the following findings regarding the need
1:0 license sexually-oriented businesses. Thl!l findings arl!l
basl!ld upon the council's review of the "Report of the Attorney
General's Working Group en Regulation of Sexually-Oriented
Eusinesses", dated ,June 6, 1989, prepared by Hubert H.
Humphrey, III, Attorney General of the State of Minnesota, and
the Rochester, Minnesota/Olmsted County Planning Department's
March 2, 1988 report er.ti.tled, "Adult Entertainment: Land Use
and Legal Perspectives." The Council's findings arl!l as
follows!
(a) Sexually-oril!lnted businesses can contribute to an
increase in criminal activity in the area in which such
businesses are lOcated, taxing city crime-prevention programs
and law enforcement services;
(b) Sexually-oriented businesses can be used for fronts
for prostitution and other criminal activity. The experi~noe
of other cities indicates that the proper management and
operation of such businesses can, however, minimize this risk,
Chapter 3
73
03/01/2002 FRl 09:53 R~ 6127852859
CITY OF CIRCLE PINES
provided the owners and operators of such facilities are
regulated by licensing or other procedures;
(c) Sexually-oriented businesses can increase the risk
of exposure to communicable diseases, including, but not
limited to, Acquired Immune Deficiency Syndrome lAWS) for
which currently there is no cure. Experiences of other cities
indicate that such businesses can facilitate the spread of
communicable diseases by virtue of the design and use of the
premises, thereby endangering not only the patrons of such
establishments but also the general public;
(d) Sexually-oriented businesses can cause or contribute
to public health problems by the presence of live
a,dult entertainment in conjunction with food and/or
orink on the same premises;
(e) A licensing and regulatory scheme as prescribed
herein can facilitate and aid in monitoring sexually-oriented
businesses for adverse secondary effects on the community; and
(f) The risk of criminal activity and/oJ:' public health
problems can be min1mized through a licensing and regulatory
scheme as prescribed herein.
Subd. 2 The provisions of this Section 355 have neither
the purpose nor effect of impOSing a limitation or restr1ction
on the content of any communicative materials, including
Adult-orienteo materials. Similarly, it is not the intent or
effect of this Section 355 to restrict or deny access by
adults to Adult-oriented materials protected by the First
Amendment, or to deny access by distributors and exhioitors of
adult-oriented enteJ:'tainment to their int"nded mark"t. In
direct furtherance of the substantial goals of public health,
safety and welfare, the City Council adopts the following
licensing regulations, recognizing that it has a great
interest in the promoticn of health and the prevention of
criminal activity.
355.03 Definitions.
S~~d. 1 For purposes of this Section, the terms defined
in this Seccion have the meanings given them.
subd. 2 Adult Use. .~y of the ac~ivities and businesses
desc:::ibed below constitute "Adult-Oriented Businesses" which
are subject to the regulations of this Section 355.
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Subd. 3 Adult Book and/or Media Store, An establishment
which excl~des minors and which has a substantial portion of
its stock in trade or stock on display books, magazines I
films, videotape, or other media which an characterH:ed by
their emphasis on matter depicting, describins or relating to
Specified Sexual Activities or Specified Anatomical Areas.
Subd. ~ Adult Cabaret. An establishment which provides
dancing or other live entertainment, if s~ch establishment
excludes minors by -virtue of age from all or part of the
establishment and if such dancing or other live entertainment
is distinguished or characterized by an emphasis on the
performance, depiction or description of Specified Sexual
Activitias o~ Specified Anatomical Areas.
Subd. 5 Adult S:stabHshment. Any :b~s.ineslS which offers
its patrons services, entertainment, or the sale of
merchandise characterized by an emphasis on matter depicting,
exposing, describing,disoussing or relating to Specified
Sexual Aotivities or Specified Anatomical Areas, Specifically
included in the term, out without limitation, are adult book
and media stores, adult cabarets, adult hotels o~ motels,
adult mini-motion picture theaters, adult modeling studios,
adult motion picture arcades, adult motion picture theaters,
adult novelty businesses and other adult establishments.
Subd. 6 Adul t Hotel er Motel. Adul t Eotel or Motel
means a hotel or motel from which minors are specifically
excluded from patronage and wherein material is presented
which is distinguished or characterbed by an emphasis on
matter depicting, de~crib1ng or relating to Specified Sexual
Activities or Specified Anatomical Areas.
Subd. 7 Adult Mini-Motion Picture Theater.
(a) A theater in an enclosed building, from which minors
are excluded fron aller part of the establishment, with a
capacity for less than 50 persons used for presen~ing motion
9ictures, including, but not limited to film ano. videotape,
having as a dominant theme material distinguished or
characterized by an emphasis on matter depicting, describing
or relating to Specified Sexual Accivities or specified
Anatomical Areas.
(b)
which
My business which presents motion
minors are excluded from all or
pictures I
part of
from
the
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establishment, including films ilnd videotapes, having as "-
dominant theme material distinguished or characterized by an
emphasis on matter depicting, describing or relating to
Specified Sexual Activities or Specified Anatomical Areas, for
viewing on the premises including, but not limited to, private
beoths, viewing by means ot coin-operated or other mechanical
devices and the viewing of excerpt~ of motion pictures offered
for sale or rent.
Subd. e Ad1.l1 t Hodelinq Studio. }\.n establishment, which
excludes minors from all or part of ~he establishment, whose
major businees is the provision, to customers, of figure
modela who are so provided with the intent of prOViding sexual
stimulation or sexual gratification to such customers and who
engage 1n Specified Sexual Activities or display Specified
~~atomical Areas while being observed, painted, pain~ed upon,
sketched, drawn, sculptured, photographed. or otherwise
depicted by s~ch customers.
Subd. 9 Adult Motion Pict~rl!l Arcade. Any place which
excludes minors from all oz' part of the establishment wherein
coin or token-operated or electrcnica1ly, electrically or
mechanically-controlled or operated still or motor picture
machines, . projectors or other image-producing devicea are
maintained to show images to five or fewer persons per machine
at anyone time, and where the iWBses so-displayed are
distinguished or characterized by emphaais on depict-ing or
describing Specified Sexual Activities or Specified ~~atomioal
Areas.
Subd. 10 Adult Motion Picture The~ter. A theater in an
enclosed building, from which minors are excluded trom all or
part of the establishment, with ,"- capacity of 50 or more
persons uiSled regularly S-J."ld routinely for pres!!!nt1ng live
ent-ertainment or motion pictures including, but not limitfld
to, film and videotapes, having as a dominant theme material
distinguished or characterized by an emphasis on matter
depicting, describing or relating to Specified Sexual
Activities or Specified Anatomical A:::-eas for observation by
patrons therein.
S1.lbd. 11 Adult
minors are axcl uded
which sells, offers
human genitals or
stimulation.
Novelty Business. A buainess, from which
from all or part of the establishment,
to sell or displays devicas which simulate
devices which are designed for sexual
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Subd. 12 Specified A.~atomicalAreas are any of the
following conditions:
(a) Less than completely and opaquely covered;
(1) human genitals, pubic region or pubic hair
(2) buttock; and
(3) female breast below a point immediately above
the top of the areola; and
[b) Human male genitals in a discernible turgid state,
even if opaquely covered.
Subd. 13 Specified Sexual Activities are any of the
following conditions:
(a) An act cf sexual intercourse, ncrmal or perverted,
actual or simulated, includi.ng genital-genital, anal-
genital or oral-genital intercourse, whether between
human beings or between a human being and an animal.
(b) Sadomasochistic
torture by or upon a
undergarments or in
condition of being
physically restricted
abuee, meaning flagellation or
person who is nude or clad in
a revealing costume or the
feetered, bound or otherwise
on the part of one so-clothed.
(c) Masturbation or lewd exhibitions of the genitals
including any explicit, close-up representation of a
human genital organ.
(d) Physical contact or simulated physical contact with
the clothed or unclothl!d pubiC areas or buttocks of a
human male or female, or the breasts of a female, whether
alone or between members of the same or oppoeite sex or
between humans and animals in an act of apparent sexual
stimulation or gratification.
355.04 Applicatioa. of thhOrd:l.~ Except as in this Section
355 specifically provided, no structure shall be erected,
converted, enlarged, reconstructed or altered, ~~d no structure or
land shall be used, for any purpose nor in any manner which is not
in conformity with thia Section 355.
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No Adult-Oriented Business shall engage in any activity or conduct
or permit any other person to engage in any activity or conduct in
or about the establishment which is prohibited by any ordinance of
the City of Circle Pines, the laws of the State or Minnesota or the
United States of America. Nething in thilO Section 355 shall be
construed aa authorizing or permitting conduct which is prohibited
or regulated by other statutes or ordinances, including but not
limited to statutes or ordinances prohibiting the exhibition, sale
or distribution of obscene material generally, or the exhibition,
sale or distribution of specified materials to minors.
355.05 Location During the term of ~his Section 355, no Adult-
Orientec :Susinesses shall be located lese t~.an 350 feet from any
residential zoning district boundary or site used for residential
purposes / and less than 350 feet from, any church site, from ar,y
school site, from any day care facility, or from any park which is
adjacent to property zonad residential. In addition, no Adult-
Oriented Eusiness may be located within 150 feet of another Adult-
Oriented Business. For purposes of this Section 355, this distance
shall be a horizontal meaSUl:ement from the near.,st e,<i~ting
residential district boundary or 'site ueed for residentid
purposes, church site, scheol site, day oare site, park site or
another Adult-Oriented Busin~ss site to the nearest boundary of the
proposed Adult-Oriented Business eite.
355.06
be open
o'clock
Hours of Operation No .~ult-Oriented Business site shall
to the public f~om the hours ot Eleven o'olock p.m. to Ten
a.m.
355.Q7
epe....tion
Subd. 1 O=f-site Viewinq. An establishment opel:ating as
an Adult-O:!:'iented Business ehall prevent off-site viewing of
its merchandis.., which if viewed by a m;l.no;r, would be in
violation of Minnesota St.atutes Chapcer 617 or other
applicable Federal or State Statutes or local ordinances.
Subd. 2 Entrances. All entrances to the b~siness, with
the exception of emergency fire exits which are not useable by
patrons to entel: the business, shall be visible from a public
right-af-way.
Subd. 3 Layout. The layout of the display areas shall
be d~6igned so that the management of the establishment and
any law enfol:cement perso~.el inside the store can observe all
patrons while they have access to any merchandise offered for
sale or viewing including, but. not limited to, pooks,
Cbapter 3 78
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maga~ines, photographs, videotapes ~r any other material.
4 IlIumination.UIU+ination of the premises'
shall be adequate to, 9bserve the location and
of all persons on the ex~erior premises.
I
Subd. 5 Signs. Signs .for IAdult-Oriented Businesses
shall comply with the City's sign o~dinance Section 1330, and
in addition signs ror Adult-Crie~ed Businessee ehall not
contain representational depiction~ of an adult nature or
graphic descriptions of the adult tHeme of the operation.
355.08 Lic~..s. I
Subd. 1 Licer.se Required. . AlII establishments, i::'lcluding
any business operating at thetimsl this Section 355 becomes
effective, ope::ating or intending t9 operate an Adult-Oriented
Business, shall apply for and obtair a license from the City
of Circle Fines. A ~erson is in viDfation of tr.e City Code if
. . I
the person operates an Adult-orientep Business without a valid
license, issued by the City. I
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Subd. 2 A~plicat~onB. An appl~cation for a license must
be made on a form provided by the CiiY'
(a) The application must be apcompanied by a sketch or
diagram showing the cOnfigujation of the premises,
including a statement of t:ota~ floor space occupied by
the business. The sketch or diagram need not be
professionally prepared but rnusr be drawn to a designated
scale or drawr. with mal:k.ed dimensicne of the interior of
the premises to an accuracy of ~lus or minus six inches.
(b) The appl.1eant must be qll.1Jlifi"'d according to the
provisione of this section and the premises must be
inspected arc.d found to be in compliancl!l with the
appropriate state, county an~ local law and codes by
the health official, fire marshi1 and building official.
(e) Thl!l application for lidense shall contain the
address and legal aescription-i of the property to be
usedi the naml!lS, addresses, fhone numbers, dates of
birth, of the owner, lessee,.;of any, the operator or
manager, and all employees;1 the name, address, and
phone number of two persons,. I'fho shall be resident.s of
the State of Minnesota, and wh~ may be called ~pon to
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Su.od.
exterior
activities
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Subd. 3
Administrator
Chapter 3
attest to the applicant' 5, . managers or operators
characcer; whether the applicantt, manager or operator has
ever been convicted of a crim~ or offense other than
a traffic offense and, if 69, complete and accurate
information as to the time, p;l2fce and nat-clre of suclJ
crime or offense inClUding.. th'.eidiSPosition thereof; the
nameiS Me addresses of all cr"!ditors of the applicant,
owner, lessee or manager insofa.1 as and regarding credit
which has been extended for. thelPurposes ot constructing,
equipping, maintainir.g, oper~ting or furnishing or
acquiring the premises, persona~ effects, equipment or
anything incident to the estabtishment, maintena.nca and
operation of the bl.lSiness.. ; I
(d) If the application is . fade an behalf of a
corporation, joint business Va ture, partnership or any
lesally constitl.lted buainea association, it shall
submit along with its ;;PPlicatHn, accurate and complete
business records s~owing the ~ame8, addresses and dates
of llirth or all .indlviduals) !Ihaving an interest in the
business, including partner'il" officers, owners and
credi tors furnishing crl'ldit I fer the establishment,
acquisition, maintenance and fu~nishings of said business
and, in the case of a corporati4n, the names addresses
and dates of birth of all ofBioers, general managers,
members of the board or. di~ectors as well as any
creditors who have extended creFit for the acquisition,
maintenance, operation or! furnishing of the
establishment inclUding the purchase or acquisition of
any items of personal property' ~or use in said operation.
(e) All applicants shall 'flrnish to the City, along
with their applications, pomplete and accurate
documentation establishing che 'interest of the applicant
I
and any other person having int1~est in the premises upon
whioh the l,;,uUding il;l proposee to oe located or the
fuxni shinss thereof, personal' (property thereof or the
operation or maintenance thereot. Documentation shall be
in the form of a lease, deed, o9ntract for deed, mortgage
deed, mortgage credit arrangrment, loan agreements,
security agreements and any oth~r documents establishing
the interest of the applican~ or any other person in
the .operation, acquisition ~r maintenance of the
enterprise. I
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Issuance or Renewal I of
shall recomm~~d apprival
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License.
of the
The City
issuance or
03/01/2002 FRI 00:56 FAX 61273S2650
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CITY OF ,CIRC~ PINES
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renewal of a license .by the CiCy ~o an applicant: w;lt:hin 45
days after receipt of , n appl~cat~oti unless the Administrator
finds one or more of the following '0 be true;
(a) An applicant: is under 18 ~ears of age.
,
(b) An applicant is overdu* in his payment to the
City, County or State of taxes) fees, fines or penalties
assessed against him or her or. f,mpOS8d upon him or her in
relation to an Adult-Oriented usiness, or if the State
of Minnesota prohibits the i suanoe of such a license
because of taxes, fees, fin s or penalties assessed
against him or her. ... I
(0) An applicant has faile~ to provide information
reasonably necessary for. iss4ance of the license or
has falsely anewered a ~estion or request for
information on the apPlicatio_1 form.
(d) ...n applicant has bel!ln i.convicted of a violation
of a provision of thisSect~on 355, other than the
offense of open.ting an Ad\.i.lt~Oriented business without
application. The fact that i. comriction is being
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appealed shall have no effect. i
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(e) The premises to be uetd fOr the Adult -Oriented
Business have not been approved by the health
official, fire marshal and thr building official as
being in compliance with /applicable laws and
ordinancea; such inspections shall be completed within
thirty (30) days. from the d.~te the application was
submitted, provided that the ~pplication contains all of
the information required by tHis Section 355. If the
application is deficient, t~e inspGctions shall be
completed within thirty (30) ..1ays from the date the
defiCiency has been corrected'j
(1) The license fee required
. ,
been ~aid. i
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(g) ~~ applicant has beencon.vtcted of a crime involving
any of the following oftsnses: I
(1) A.~y eex crime~ a~ Idefined by Minn. Stat.
3609.29 t.hrough 609.352iIllolusive or as defined by
any Ordinance or statute it conformity therewith;
81 I
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(2) Any obsoenity c:J:"ime Fe defined by Minn. Stat.
S6l7.23 ehrough 617.29.9 iniClUSive, or as defined by
any ordinance or statute in conformity therewii:h;
for which:
-less than t.wo years ~ave elapsec:l since t.he
data of conviction orlthe date of release from
confinement imp05~dl for the conviction,
whichever is the lat~r elate, if the conviction
is of. a misdemeanor offense;
. I
-less thim five yea.r~ have elapsed since the
d~te of the la"t C9nviotion or the date of
release from continem'rnt for the conviction,
whichever is the laeet date, if the conviction
is a felony offense; tr
-less than five .years have elapsed since the
date of the last C+viction or the date of
release from conf'nement for the last
conviction, whichever! is the late date, if the
conviction is of . t~o or morE! misdemeanor
offensee or combinatidm of mi"demeanor offense"
. ,
occurring within any 24-month period.
(3) The fact that a i conviction :is being
appealed shall have ~o effect on the
disqualification of the. ~pplicant or applicant's
spouse. . I
Subd. 4 Requalifioation.. . 4n appl~cant who
been ccnvic~ed of an offense liatedlin Section 355.08,
3(g), may ~~alify for an Adult-Orien~ed Business license
when the time period requind by sei tion 355.08, Subd. 3(gi,
has elapseel.
has
Subd.
only
Subd. 5 Posting. The license if granted, shall state
on its face the name of the persop or persons to whom it is
granted, the expiration dat,=, , and! tre address of the Adult-
Oriented Business. The license I shall be posted in a.
conspicuous place at or near th~ entrance to the Adult-
Oriented Business so that it may be ~asily read at any time.
SuM. 6
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The Cilt
jY
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Council shall act to
Council Action.
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approve or disapprove the license application within 120 days
t'rom the date the application was sUlfmitted, provided that the
application contain" all of the. inf6rrnation required by this
ordinance. If the application is deficient, the Council shall
a~t on the applieation within l20 d~S from the date that the
defiCiency r.as been corrected. . I
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Subd. 7 Appeale. Within 90 d~YS after the decision by
the Council, the applioant may appea~ to the District Court by
serving a notice upon the Mayor or C~erk of the City.
. I
355.09 r.... FE!las shall be set by S8Ctifn 350.
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Subd. 1 AccesS. An applicant I or licensee shall permit
heal';h officials, represent.ative. iii ....1: the police department.
fire department, and building irispac ion division, to inspect
the premises of an Adult-Oriented S~ iness for the purpose of
ensuring compliance with the law, t any time it is occupied
or open fer business. . ; I
Subd. 2 Refusal to Permit I.n$pEctions. A person who
operates an Adult-Oriented 5USineSS~ior his agent or employee
commits an offense if she or he re uses to permit a lawful
inspection of the premises. ~ health otticials,
representatives of the police depart ent, fire department and
building inspection division at any! time .it is occupied or
open for business. Refusal to permit inspections may result
in the suspension of the license I as provided in Section
355.12. I
Subd. 3 Except iOl""s. The ProvJsions of this Secticn do
not apply to areas of an adult metel ~hich are currently being
rent..d by a customer for use as. ~ penns:lent or te1l'.porary
habitation. i
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355.11 llXJ:)irat:ion ana RiI:r:lewal. ..1
Subd. 1 ExPiration. Each Hcrnse shall expire at the
end of the calendar year and maYbl renewed only by making
application as prOVided. in section. 55. OS. Application for
renewal must be made <at. least tiO cl. s before the expiration
date, and when made less than 60 0. s before the expiration
date, the expiration of the licensewfll not be affected.
I
355.10
Ini5P~c:t:ion.
Ch.pter 3
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S1ibd. 2 Denial of Renewal. Wht'n the City denies renewal
of a license, the applicant shall n t be ieeued a llcenSe for
one year from the date of denial. I , subsequent to denial,
the City finds that the basis fob denial of the renewal
license has been corrected orabat~d, the applicant may be
granted a license if at least ~o dava have elapsed !;Iince the
date denial became final. I
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of Suspension. 1 The City may suspend a
not to exceed 130 days if it determinas
employee of a licensee has:
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(a) Violated or is not ~n compHancs with any
provision of this Section 355. I
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Engaged in the uae bf alcoholic beverages
on the Adult-Oriented 'Ei' simoes premises other
an Adult Hotel or Motel.
:1 - 88, I
(c) Refused to allow I an inspection of the
Adul t -oriented Business :oremis~s as authorized by this
Section 365. -!
355.12
Suspension.
S1.lbd. 1 Causes
licens.. for a period
that a licensee or ~
(b)
while
than
(d) Kno."ingl:i pe:rmitted karnbling by any person on
the Adult-Oriented Business pre1ises.
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tOI operate or manage an
a" !peaceful and law-abiding
action by law enforcement
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Subd. 2 Notice. A suspension ~y the City shall be
preceded ~y written notice to th~ licensee and a public
hearing before the City Council. the notice llhall give at
least: 10 days' notice of the time an9 place of the hearing and
shall state the nature of the char es against. the licensee.
The notice may be served upon the 1. cense~ personally, or by
leaving the same at the licensed b ainess premises with the
per$on in charge thereof.
(e) Demonstrated inability
Adult-Oriented Business in
manner, thus necessitating
of f;l.cer5.
355.13 Revooation.
Subd. l. Suspended Li censes. I Th.. Ci ':y may revoke Ol
license if a cause of suspension in Section 355.12 occur~ and
the licens~ has been suspended Withi~ the preceding 12 months.
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1Zl019
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Subd.:2 C;l:>.lSeS of Revocation.!
,
license if it determines that: I
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mtsleading ir..fom,ation in
CJ.ty during tl'_e application
I
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employ!" has knowingly allowed
of Conrrolled substances cn the
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(c) A licensee or an employee has knowingly allo'led
prostitution On the premises; I
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(d) A licensee or an ernploy~e knowingly operated the
Adult-Oriented Business during: ia perioo of time when the
licensee's lic~~se was suspende41
I
(e) A licensee has been I convicted of an offense
listed in Section 355.08, Supd. 3(g). for which the
time period required in Sectio~ 355.08, Subd. 3(9), has
not elapsed; i
(f) On two or mOre occa~ions within a
period, a person or persons committed an
occurring in or on the licens~d premises of
listed in Section 355.08, Sul:\d. 3(g), for
convi:;:tion has been obtained,: ~nd the person or
were employees of the AdUlt_or.1nted Business
time the offenses were committe .
(9") A licensee or an emplo .ee has knowingly allowed
any act of sexual intercourse, ~odomy, oral copulation
or ,masturbation to occur ir or on the licer..sed
prerruses.
!
The fact that! il conviction is
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no effect o~ the revocation
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Subd. 4 ~xceptiona. Section rS5,13, Subd. 2(g), does
not apply to adult motels a$ a groum~ for revoking the license
unless the licensee Or employee kno~ingly allowed the act of
sexual intercourse, sodomy, oral copu~ation, masturbation or
sexual contact to occur in a publia place or within public
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view. I
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The Ci ty shall revoke a
(,,) A licensee gave false cr
the material submitted to the
procese;
(b) A licensee or an
possession, use or sale
premises;
12 month
offenee
a cr1me
which a
persons
at che
S~d. 3 App~als.
app~aled shall have
license.
being
of the
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03;01/2002 FRI 10:01 FAX 6H7852Sa9
CITY OF CIRCLl(
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PINES
~020
Subd. 5 Granting a License A~ter Revocation. When the
City revokes a license, the revocat~cn shall continue tor one
year and the licensee shall not bel issued an Adult-O!:iented
business license for one year from ~he date reVocation became
effective. If, subsequen~ to revoc1tion, the City finds that
the basis for the revocat~on has beer co=ected or .mated, the
applicant may be granted a license if at leaet 90 days have
elapsed since the c:.atel:;he revocation became effective. If
the 1 icense was revoked under s.ect.. itl1 355.13, Subd. 2 (e), an
applicant may not be granted an ther license until the
approJ:lriate number of years requir d under Section 355,08,
Subd, 3(g), has elapsed. I
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Subd. 5 Netice, A revocatipn by the Co.ty shall be
preceded by Written nocice to th1 licensee and ill public
hearing before ehe Cil:;y Council. , ~he notice shall give at
least 10 days' notice of the time an1 place of the hearing and
shall state the nature of t:,e cha1jges against the license.
The notice may ce served upon the l~censee personally, or by
leaving the same at: the licensed premises with the person in
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charge thereof, '
,
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355.14 Transfer of Lioense A Hceneee I shall not transfer their
license to another, nor shall a licensee ioperal:;e an Adult-Oriented
business under the authority of a liCen$~ at any place other than
the address (;!es:ignated in the applieatioh.1
355.15 Severability Every section, prov~sion or part of this
Section 355 or any permit is..ued to this ordinance is declared
severable from ",very other section,prov~sion or part thereof to
the extent that if any sectio4, provi~ipn or part of section 3SS
or any permit issued pursuant t'J thisS~ction ::'55 shal:' be held
invalid by a court of competent jur~sdiction it shall not
invalidate any other section, provision 01 part thereof,
SECTION 310 . BSTABLISHINQ TELBCO~ICATIONS PmRWIT
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,
370.01 Governin Construction, Install. ion, 0 .rat:l.on, Repair,
Maintenance, P.eJIlOval and l'lIilocation of Pacilities. A section
governing the construction, install~ ion, operation, repair,
maintenance, removal and relocation of !facilities and equipment
used for the transmission of tele~.ormunications or rela,ed
services in the public ground of the Citr of CirCle Pines.
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FEB-28-:&l1ll2 13: 19
LEAGLE CF ~1-1 C I II ES
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Rl8l1ll1'ch aM Info,matJon Sentell
ORDINANCE NO. 91
AN ORDINANCE PROVIDINQ FDA THE RI!GULATlON OF ADULT ORIENTED BUSINESSES IN
THE CITY 01' COSMOS: Pl'lOVIOING FOR THE I$GUANCE OF UeeNSES AND COLLECTION
OF FEES THI!AI!FOAE; PItOVIDING PENALTIES FOR THE! VIOLATION THEREOF.
THE CITY COUNCIL OF THE CliY Of COSMOS OOES OROAIN AS FOLLOWS:
AOULT ESTABLISHMENTS 1fJt;>
SECTlOti 1. l'urllOu ilnd InIMlI
FlndlnCjS 01 th& CItY Council. Sludlee conducted l)y 1I1e MinNlsota Allomey General. the
American Planning Assoclatloll and cllleS such as St Paul, Minnasols. Indianapolis, Indiana,
Alexandra, Minnesota: Roc:h~r, Minnesota. Phoenix, Arizona; Los Angelea. Calnornla: alld
SealUe. Wl$hll'lgtan hev. s1udllld IT\e Impads tIlat adult Qlltabl~hmenla he"" in 11109 com-
munltfes. Tl1eee studies haw ooni:luded lhat adult eslabUahmlllrtll have ~ impac:t on the
ilUl'l'OUlldlng nlli(lhbQrhoods. Those Impacllllncluds lne""ated crime rate., Iow..,r property ....,
ues. lne,.aSQd trarllll'ncy n.lghborhcOd blight alld pOlentlal health risks. Ba8ed on these .'lud
iee alld findings, the oity council conctlld...; .
(a, Adull etitabllshmonts -ha~ adwrse secondary Impacts 01 the types set tom above.
(b) . The ad\Ierse impa<;ta GB,use<i by Mull estab'iahmen~ titnd 10 diminish If adult estab
li..,rrnmts are gov&rnlld by locaUonaJ requlrSm9llls, Ilc9nslnQ requifltm9ll!ll and
health requlrem9nl.s.
(c) Ills /'lot lI1e Inlenl Of trle oily ool.RlClllo prohibit adult establlahmenlll from having a
rHBCnablo opporl1Jni!y 1c locate in the city.
(a) Mi'1nesola SlaIuee. 6eat1Ol'1 462.367. aHows th.. city 10 adopt regulaUons 10 promole
the public health. sarety, morals and ggr,.ral welfare.
(e) The publlo health. salety, motals and general welfare wUl be promoted by the city
adopting rElgulallOl\S gcvemll'lg adUll establishments, .
The City CounoB ot tna CiIy ot Cosmos mak.. the follow.ng fti'ldlnQll ~ardirlg the nsed to
Ilc:ense sexuslly-oti6nted buainlSstll, The flnclif1O$ ara basecl upen the eXP'flances 0\ Cll1er
clift where such buslqesses haVe located, as s1UC1IIC1l)y City staff.
(8) SexuBlly-orlented businesses oan contribute 10 an increase In climinlll activity In the
afta In whloh suoh bua"",. wa locatsd, tsxingcity crlme-prevenllon programs
and 11lw enfll'9-menl S8l11ioes. .
(b) SexUlllly-oriented busin_e can be used as fronts lor prOsUlu1lon and other crimi
nal actMty The elqlerfenoa of other aiti.a indfcaws that tile proper management and
operation Qt suell butin.....,s can, however, minimize this risk, prov/<led the ownsr
and operatln of such fac/lltit$ are regUlated Ily IiC<<1Sing Or oII1at proaeduflts.
(c) S..uaJly-orien\ed businesses can Increase !II. rilll< o/9xposllre 10 oommuniceble
"'_s.. includIng IlUII'JOI Ilmilad 10 Al:Quir&d Immune OeIiolency Syndrome (AIDS)
lor which ourrendy there is no cure, Experi&nce$ 01 other olti.s Indlcllte Ihllt SUCh
bU$lnesses can Iacllltat. !he 81'/.-d of oommUl'licable db..... by vj,,~ d tho.
de$lgn ana use of 1h. pramiles, !.hereby endangering not oolyl)>e patrons at such
88tablilthmenlS Ilut also the PMeral (lutJllO.,..".
FEB-28-2B02 13'20
LEAGUE OF MN CITIES
P.25,34
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Research and Injal'lMtion Sel'\Jlce
(d) Sexually-orlented businesses can cauS& or contribute to public heallh p~ms by
!he preslIC'lCe oIliw aoult entertainment In conjunction with food aneVor olink on the
sarna premise$
(e) The risk of crimlmll activity andlor public health problel'nll OlIn be minimized through
a I~ng ilnd regUlatory scheme as prescribed herein.
SuCdMslon 1. F'/ndlnn.. It la \he purpeae of lhi. Ordinance to regulate Adult Orienteo
GuslneM... to promote the heillth, safety, morale, and gene'al wellsre of !he cmzens 01 the City and
to establish reasoneble and uniform r<!{julatlons to:
(a) Prevent additional criminal activity within the City;
(b) Prevent deterioration of neighborhoods and Its consequent aOve1'$e elleo1 on real
eSlale values of properties within the neighborhood:
(c) To locate Adult Oriented Buslne.... awey from residential areas, .choats, churches,
perks and playgrounds; ,
(d) Prev"nt ooncentration 01 Adult Ori&nted Businesses Withi~ cer1$in areas of tile City.
Subdivi~lon 2. The provisions of this Ordirlance have n&ilher the PlJrpoiie nor eflllOt of impos-
Ing a limitation or restriction on the eontent 01 anycommunioali'lS materials, including Adult orient.
ed maWie!a, SlmilollV, it is not the Intent nor effect of this Ordinllnc9 lb relrtrict or deny llcc:eiS by
adults to Adult oriented material. protecled by the First Amendment or to dllC'lY access by di.trlbu-
tors and l>xhlbltol'$ of Adult' oriented snttrtalnment tQ thalr Inl&nded mal'k&t
~tJ,on 2. Definition..
SubdiVision 1. For purposes 01 thiS seallon the terms defined In this seclton have the mean.
ings giv.., them,
Subdivision 2. Ad"" U.e. Any of the actlvitie. III1d bUIlnse.es described b&low conslitultla
Adult Oriented Buslness.s' which ar. .subject to the regulation of this Ordinance.
Subdivision 3, 6Pull FIo('k and/gr lia=s;lla Stor~. An establishment whic/1 excludes minors and
whic/1 has " substantial portion of its stock in tracte or stook or! disPlay books, magazines, films.
vlde<llapa, or other media.. which are cheracterized by their emphasis on matter depicting. dS$Grlb-
k"1g, or r9latlng to Speclfled Sexual Ac\Ivltles or SptClfted Anaternleal Arees,
StJbdlvlslon' 4: Adunr:"nA'A' M e$1abllshmenl which provldlHl dancing or other live enter-
tainment, K euch eslabllehmeflt &l<CIude. mlno(f, by Wtue of age from ell or pari 01 the establish-
ment and n such danclnQ or Other Jive entertainment in distinguished 0' characterized by an empha-
els on th& p&rfgrmano&, depletion or dBllOrlptlon 01 Spe<:ffitod Sexual Ac1tvltlea or Specified
Anatomical Areas.
Subdlvislon 5, AdIJ~ E'91ablishmenl Any bualnHl which offers its patr<)t\lI $llNiCes, entertain-
ment, or th.. "Ie 01 merchandise characterized by an emphasis on matter depleting, exposing,
describing, ctisousslon, or relating to specified sexual actlvitille or specffled ana\Qrnical areas.
Spec~lcally Included In the tarm, but without Ilmitallon, are adult book and media stores, adult
cabareit, adult hotels Or motels, adult mlni.motion picture theat.,., adult mOdeling studiol, e.duit
motion picture arcades, adull motion plcture theaters, adult novelty business85 and other estab-
Ilshmenla.
SubdlVlslon is, AdUlt toIOlel or Motel Adutt Hotel or Motel means a hotel or motel from WhiCh
mi~rei ere _ciflcally .~udedlrom. patronage and whsrei~ materiaJ"ls p'eS$l1ted.which Is diS!In~
FEll-28-2la1il2 13: 21
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Date
Research and Information Service
SYbdivision 7, Moil! Mlni.Mntinn Picture Theel,,!
ia) A thKter in an encJoaed bujlding, from which mJnors are .JCCIud$d 'rom aD or part 01
the e$!al:lllShIMnt, with a capacity lor less than SO J)el'8Qna ulled tor presllntlng
motion platUl'e$, including but not limiIacI fo Rim and vldeglapa, havtng a$ a dOll)lnant
theme material dlstlnguIahecl or charactertzed by an emphasis on mailer depieting,
dll$Cnbing, or relating to Specified Sexual Activnles orSpeclflad Anatomical Areas.
(b) Any buelnOllll which preoents motion pictures, from which minors are excluded from
..U or part ot th. elllallllshment, including films and Yld/lOtapea, haVing IS a dominant
lhlll1'le materlal cIJ$lIrtgUishOO or oharaotarlzed by an emphaSis on matte d'llictinQ.
desOI'ibing, or reliant to SpeaiIi.d Sexual Actiltiti9. or Speolti.d An.IOIlI'oa' Areas, tor
viewing on the premlsll8, Indudlng but not limited to private bootho, viewing by
means of coin opsrllted or other meohanlcal device.. and the vieWing of ,xc'rpt of
motion pictures offQ/'lld lor saI. or lent
SubdiVIsion B. Adult Modellnn I'lludio An eslabllstlment, Wl1lc11 wcCludf$ minors lTom all or part
01 th6 establillllmOOl, wl'l\lll6 major b~alri'ess i. the provision, to ou$lOmers, or figure models who
'let to providlld with In. intent of provH:ling sexual stlmulllUon to seXUal (Jratlllcallon 10 llUoh cus-
lomers and who eoga,.e In .~Iftlld sexual acllvl~8lI or. display specified anatomical areas while
tleing oblierved, painted, paintlld UllOn, sketched, drawn, l5Culpturad. phOl()graphed, or otherwise
depleted by such customers.
Subdivision 9, Adult Molion PlctJJ'" Ar"'de. Any plaoe WlliJ;t1 exoJ:Jdes minora from all 01 ~rt
01 tilt ~lIshm.nt wherein ooin or token Qparated or electronically, .'r.:trlc:ally, or m.tchan/cally
controlled or operated stHI or molor picture meehlnes, prolllClOlS, Q' olt1er Ima~ producing devices
are maintained to shOW imagee to live or fawilf' ~iOns per machlne.t any.one.time, and where
the Imagll8 so diSPlayed are distlngulshld or characterized by an emphasl. on daplctlng 01 describ-
Ing Spaelfted Se"~aIActIYlllaS or SpecWled AnatOmical Area.
SubdlvlsiOn 10, Adult Mo~on PlcwrJ> Theater A tOO'llel In an ~ckJsed .building, from which
minors are eKcluded from all or part ollht tltabllshmenl, with a capacity of 50 or mor. taf1lons
UsN regularly and routlnaly /or p!'Qaan~ng live entertainment or mOllon ploturell, including but nor
limited 10 HIm and .VldllOtapgc, having at a dominant \heme matarlal distinguished or characterized
by an emphasis on matt'lr lHplcllng, describing, or relating to Speoifled S.xual Aotlvlties or
Spaellied Anatomical Areas for obeervation by pallons.
Subdivlslon 11. Adull NovlOllv 81J.ln<96S A business, from whieh miners are e~oluded from ali
or part of the e.tabliShment, whiCh selle, Offers to sell, 01 displays devices which !limulat' h~man
glill1Ua!s Or diilrieas which al' dll8lgned tor sexual stimUlation.
Subdivision 12, SoadllFld "'""Ioml",,' Ar.... are any of the lollowing conditions:
(a) Lasa Than ccmplet&ly and opaquely covered;
1) humen genitais, puIJic "glon, or pub~ hair:
2) bUUOOk,anu.: and
FEB-28-:a302 13: 22
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S) female breast below ~ point Imm"di~I"Y above the top of the a.reOla: and
(b) Human mal. g.nilal.. in a dlsoernlble turgid atate, I;Om~let.1y and oPIlQuely covered,
Subdivision 13, !'lnACilled Sexual Activities are any of the lollowing conditions:
(a) An aet of s.xual inlllroourse, normal or pel"lerted, aclUal or simulated, Including gen
ital'genltal" anal.genital, or oral'genltallntercoursa, whether belW;lQn human beings
or betw....n a human being and an animal,
(b)SadomasoOl1lstic a!:luse, m..nlng ffagellatlon or torture T:Iy or upon a. person who' is
nU<:le or Clad in undergarments or in ~ revtlling costume or the oondilion of being
tettered, bound, Of otherwise physically reWie\id on the part 01 one so clotned,
(c) Masturbation or lewd exhibitions of the genitals IncllJdlng any explicit, clos&-up rep
'......18tlon of a human genital organ clothed or unclothed,
(d) Physical contact or simulated physical contaol with the OIothad or unclothed pubic
areas or buttocl<s of a human male or female, or breast. of a female, whelher alOne
or be"",een members of the same or opposite S&x or ~tw"n humans end animals
In an ael of apparent sexual stimulation or Qratification.
Section 3. /t~IICl1tJon nf thit!l ~rdinance.
'5><cept ss In this Ordinance spec:ffically provided, no structure ~hall be e1'llCted, cOll\lert.eo,
enlargec, reconstructed, or alllll'llCf, and no structure or land shall be usg(j, tor any pUl'J:lose nor in
any manner. which is not i,n ooniormity wnh this Ordinance
No Adult Orianted Bt.Jainess shall engage 111 any activity or conduct 01 ptlrmlt any other person to
engage In any activity or conduct In or about the establlsl1ment whiCh is prOhibited by any ordinance
ot tns Clly 01 CosmO$, the iaws of the State of Minn~ta, Qr the United State. of America, Nothing
in lIlia Ordinance shall be conetrued as authorizing or permitting conduct whlOll prohibited or rljgu.
laled by other etatutes or ordlnancWl, irIIlludlng bul not Umiloo to slaMas or ordinanoes prohibiting
theexhlbnlon, sala, or distribution of ObSCGna m~terlal generally, or Ihe exhibition, sale, or dlstrlbu-
1Ion Of speo~lad materials to mil"lOrs,
$ectlQt1 4, Location.
OI.irlng lh& term of this Ordinance, no Adult O'illnled Businesses sI1aJl be located lass than 500 leet
from any tttldentiallonlng district boundary dr srte used for residential purposes, ~nd not Ie.. than
500 feetlrom any'churcl1 site, .from any schoOl site, lrom any day care faoility, or from any ~rk
which a adjacent 10' properlY :on8O residentlal in ~ddltlon, no Adun Oriented Business may be
located within eoo teet of an01f1er AdUlt Oriented Business. FO' purpOS<lfl 0/ this Ordinance, this dis.
tance shall be a horizontal measurement from the nearest existing residential district boundary 0'
site ussd for "",ldential purposes, Church site. $Chool sltoa, day care srte, parl< still, or another Adult
Orianlell Business Site to the nearest boundary of the proposed Adult Oriented slle,
Section 5, Hours of 0......8110n,
No AdUII Oriented Bue/Mas site shall be open to lI1e public trom, the houro of 1\:00 p m, \Q :>;00
am.
FE8-28-2~~2 13'22
LEAGUE OF MN CITIES
P.28/34
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Sectl~n 6. O.......lion.
Subdivision 1. OII-Sl111 Viewlno M establishment op.ratlng as 9l' Adult Oriented BUSiness
.hall prevent off-site viewin~ of illl m.rchandise, whim ~ viewed by a minor, would be In violation
of Minnesota Stalul!'1 Chapter 617 or other appllcabl' Ftdoral or Slat; Statut., or looal ordl.
nances.
Subdivision 2. !:ntronce., All .ntre,'ces to the busines.. wll!", Ihe e~ceptlon of emer~ency fire
exits, whim are nol useabl$ by.patrons to enter the busln.ss. shall ba visibla from a public rlghl-of-
way,
Subdivi$ion ~. W2l& T]'1e layout of the display arIas shall bl d4sign'd to that thl manage-
ment of the establishment and any law \Wlforc.m.nt personnel inside tha store can observe all
patron. while they have 800.1S to any merch;mdlse offared for sala or viewing Including but not 11m-
~ed to books. magazines, photographs, video laPel!, or My other mat.rial,
Subdivision 4, III'Jmi""'llon. illumination c.l the premisea exterior shail bll adequate to obalrve
the location and aotlvltles of all person on the axtarior ~rem;ses.
Subdivision!. ~ Sign!! lor Adult Orlentad e"sin<lssesshall comply With the City'"
Ordinance for sJg~ ~d<lr~ssed J~ <:>rdlnance4, and in addl~OI'1 signs lor Adult Oriented Businesses
shall not oontain r9P,"llntational deplOtion or an adult nature or graphic d_n~Uons of the sdult
theme 01 the operatiOl'1. . .. "
Section 7. License Reauired. No person shell own or operate a sexually-orlent..d businass
within lh<l City unless S~ per'!On Is currently IIcensl!d under this Ordinance.
Sect10n 8. Uc.ns. ADDn~.tIDn This application for a license under this Oldinance .snail be
mada on a form' sup~Uad by Issuing Authority and shall require tile following Information:
Subdivision 1. AIIADDlIq;mls. For all applieants;
(a) Wheretr.le appllOant IS a natural person, corporation, par1nershlp, or other form
of organization
,
(b) The legal description 01 the premises to be Iioensed, along With a tloor plan 01
tne pr.mlsas. Tha floor plan of the premises shall detail alllnternai operations
and aotivltles, including.a atatem.nt of the 101811100r spaoe oecuplliQ by th.
busin.... Th. Roor plan need not be pmfesslonally prepared but must be
drawn to a designated scala or drawn with mar.1Id dim.nslon of the intarior of
the premises to en aoourscy of plus or minus six (6) inches.
(0) Tha name and slraat sddr"s of tha busines.. If lhe busin"s is 10 be con
ducllld und" a designated nerne, or style other than the name of the appilcant,
a oartfled oopy ol1he certflcate re'lyirtd by Mime"ola Statur.e, Section 333,
01 shall b8 submitted.
Subdivision 2. Annlbnt~ Who Are NJlJ.tl Iral Pflr'~n~ If the applicant is a natural !;)erson:
(al The name, place, and deue of bil1h, S1retl ond city address, and phOn<! number
of th. applleanL
(b) Where the applicont has ever us.d or has been known by a name other then
1I1e applicanYs name, and I! so, tile name or names used and Information oon
"".I'"",il"ll"l .....&4: .r"IA ....lo...OQ ....rho,Q Ilg~
FEB-28-2el1il2 13' 23
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LEAGUE OF MN CITIES
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Municipality
Date
Research IZ1Id Information Service
(e)
The $treet end city addresse5 at which the Applicant Mas lived during the pr&
ce<llng two (2) years.
(d)
The type, name, and location Of overy businee. or OQCup"~on in which the
applicant hIlS been engaged during the preceding two 12) years and name(s}
'and addr_(e~} Of'lI1$ applicant's employer(s} and partner(s), If any, for the
precadlng two (2) years,
Whether tri. applioant has Over been convicted of a felony, crime, or vielation
of any ordinance ether than a petty mlsdemoanor traffic ordlllanoe, if 1lO, Ihe
applicant shalllumlsh Information &$ to the time, place and offense for which
convictions witre had,
(a)
SubdiviSion 3. Acolieanla That Ar~ Portne,'Mip" If tha appilcantls a partnership:
(a)
The name(s) and addrtss(es) of all general partners and all of the infol'rm.tion
coni::aming each general partner thet Is t!lt:julred of applicants in subpart (2) of
this S;c:tlon
The n,ame(s) Of thilt managlr1g partner(s) and the inlereSl 01 each partner in the
bU5ineS$. ..
A true copy of the pllrtner1lhip agr'gefTlent shall ba submitted wlti'l the applica
Uon. II the partnership is required to file a certificate as te a trade name pur
suant to Minnesota Statutas , Section 333.01 il certified ccpy of such certificate
shsll be attached to the application,
(b)
(c)
SubdiVisiOn 4. .coroorale or Other AonllcRnls. if the applicant is a corporation or other
organization:
The name 01 the corporation or business form, and ~ incorporated. th& state at
Incorporation,
A ttue copy of the Certlfloate of Incorporation, Article. of Incorporation or
Association Agrea~nt and By-laws shalt be altlchad to tha application. If the
applicant IS a foroign Ootporation, a Cartlficate of Authority !oS required by
Minneeota Statutes, Section :303,06, shall be attache<:!.
The name 01 Ihe manager(~), propriator(s), or othar ag,ant(i) in charga ot the
business and all of tI1a Information concerning each ll'Ianagtir, proprietor or
agent that Is regulrad 01 the applicants. in subpart i2) olthl& Section,
seelion 9. License AIlllllc.tion i:.ecuticn. II the application Is that of a natural parson, the appi!"
cation Shai! be signed an~ sworn to by that person: if of 11 corporation. by all officer tnereOf: if of a
parmerShip, by on. of tha general partners; if of an unlncorporatad aSSOciation, by the ma~ager or
managing officer thereot, ,
(a)
(b)
(c~
Section 10. Ucense ADDllcell"n Verification. Applicatione of licenses under &,Is Ordinance shall
be submitted to the City CouncU (hereinafter reterred 10 as tha "Issuing Authority"). Within twenty
'''''-'
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Cwswution
MlUlleiPlllity
Date
Research and Information ServIce
(20) calendar days of receipt of a compl~Je application and payment Of all !Icenu epplicatlon fees.
agents and/or employe"" ot the Issuing Aulhortty srall verify anyar~a11 01 tI'I. .Informa~on request.
ed of the applicant in the application, in:luding the ordering 01 criminal background ohecks. and coo.
duct any neceeeery in~e.ro9allon to alOSure compliance witl'lthiS Ordinance.
Section 11, Licenee ADDlIcatlon Caneldel'llllOn. No later than ten (10) calendar days after tho
completion of the license applic&tIon verifloatlon and Investigation by thu Issuing A<Jthority or its
agents ana employMs, as ofElscrlbed In Section 10. the Issuing AuthOrity shollllCCept or deny the
. IIcen$e IIpplicatlol'l in accordance wilh this Ordlnanoe. If li'lO appliCation is Oenled, the Issuing
Authority srall notify the applicant of ,the oeterminat~n In writing. The notloe shall be mailll,dby cer.
tifled and regular mall to the applicant at tho addr... prOVided the application form lInd' It "hall,
Inform the applicant of the applicant'. right within twenty (20) Oalendar days of reetlpl oftl)e notice
by the applican~ to request an appeal 01 the oeterminatlon fer reconsideration by the City Co~ncW
or to immediately onell.noa the determination in a court of Jaw. It an eppeal to the City Council Is
timely reeeNed, tile ,heerlng belore the City Counel shall take placI wtthln ~nty (20) calendar
days of me receipt 01 thel!lpp"l. 11 an application Is granted for a Iooaticn where a buildIng Is under,
construction or not ready for occupancy, the license .ho~ not be delivereo to the licensee unth. ce,.
lIfioalt 01' OCC\lpancy has been Ill9uad for the licensed prsmlseo by the City Planning Pepartment
During the application consideration process prescribed herein an applicant operating 'a bu.jne.~
not pltviously subject to t'le license provi.ion. of this Ordinance may remain operatlng pending tl'\e
outoome of the appllcatien consideration by tl'\e Is.ulng Authority.
SectIon 1:z. LIc.n.... F_
SubdiVision 1. Aool"'lltlon Fee
{5) The lie$nse application foo shall be Five Hundred Dollars ($500.00)
(b) The applicatiol'lllcenea lee srall be paid In M before Ihs applicatkln for a neense Is
considered. All feea shall be paid \0 li'l- Issuing Authority for depoeltlnto the genar
allund crl th& City. ~pon 'ejection of any application for a license or upon VI~hdraw
al of application before approval of tha leluing Authority the lio"'lI6 fee .110.11 be
, refunded Ie Itl. applklan\. '
(e) When the license is for premise. where the building is not ready lor occupancy. the
tim& IIxed for oomputati0l1 01111& Iioense fe& of the Inltlallicenso pertod shall be nine
ty (90) da~ after approval of lhe license by the issuing Authority O' ~pon the date an
occupancy permit is Issued for the building. .
SubdJvlsiOn 2. InvQstlnatlon Fefil,
(a) An applicant for any lic:enSl! under this 01'11.101'1 shall deposit with the issuing
Authority, al the time an original applioation is SUbmitted. $500.00 Ie cover the costs
Involved In verifying the II00nse appllcailon '!J1d to cover the tl<Pllnse of any investi
gallon n.."ded to aasure compliance witi'l thiS Divi.ion. Th& InvElSilga~on lee shall be
ncn-refundable,
Seatlon 13. Per""ns and Locatlona Inellaible lor a Lia..nlWl The I$$ulng Authority shall Issue a
ncense under lhis division to an appilcant 1.11'11_ on. (1)'or more of the following conditions exists:
(1) The applicant Is not eighteen (18) yeai'll of age or older en the date the aPPllcation)s,eu~
mittBd to the Issuing AuthOrity;
I~\ ""h... 'Q........tl....."'""T ;..U.:..,... '''' 'l:III'V\I\l,All.nfth...I...t~u,.......t1nn r""",'oI...g:t.oll.d~..ili<::l.IlI_>*I'lpll.o:PtiQn.:t'1 .,
FEE-28-2002 13:24
LERGUE OF MN CITIES
P.31/34
I~C
I r ..g'.. .r~'" O/la
011__""., -II",..
Classification
Municipality
Date
Research and Inform-mon Service
(3) The applicant gev. false, fraudulent, Or unlrutnful h1formatlon an the license application.;:
(4)
Th!! applicant ha. had a sexually-oriented 1I0en.. I'evoked from tile City or any ather juris
diction within e one (1l year period immediately pleoedlllg the date the ..pplioatio/1 wft$,
submitted; .
(5) The applicant has had a conl/lolian of .. felony or grass misdemeanor or mlsdemasMr'
relating to sex .offe~ee, obscenity offenses, or adult USeS in the past five {51 yeers,
(e) The se.ually.orlented business doe. not meet the zoning requirements presorib<ild in thia
Ordinance;' , .. " ,
(7) The premises to be lican..d .s . sexually.oriented business is currently 1I0enoed by the
City as a tanning facility, tattoo establishment, pawnshop, therapeutic musage enter .
priSQ, Or an establishment licensed 10 sell alcoholic beverages:
(8) The applicant has nor paid tile license and investigation leos required In Section 12, '
Section 14. LlcilnH AMtrldlans.
Subdivision t. PostinQ of L1can.. A license Issued under II1ls Ordirl~nceri'iVSrlle'poste(i in::"
, ?9.ry,fflicuouS plaoe In the pramises for which it Is used , .
Subdivision 2. ,,!Illct of License A lioens. issued under this Ordinance is only affeCtive foitha
compact and contiguous space specified In the approved license application, .'- ','
Subdivision 3, Maintenance of Ordor. A IleenM' \lJ1dtr this Ordlnanoe shall be n,"p;,nsible jor
the conduct at the business being operated and Ilt\all not allow any Illegal actiVity to taKe p1aca an
or near ll1e lice~ premiees Indl.udll1ll but not limited .to prostitution, public Ind.epency, indecent
exposure, disOrderly conduct, or 'the aale or use 01 ")agal drugs, EvelY act ,of omission by an
employee or Independent contractor of the IIcenseecOl\stilUting a violaoon of this Ordinance shell
be d.emed the acror omission of the lIoensee n such acl or omission ocCurS either wtlh.Jhe autho'
rlzation, knowledge, .or approval 01 th.lic~8ge or a8 a itsult of the IIC~$..S negligent failure to
supervis. the emplOyee's or Independent contractor's conduct .
Sf.:bdivision 4. Djsta~ ~fK'1IJiI'8mElmt (or LiVA Adult f;nt~A:lnmRnt All perfcrmtrs. daneer:5,
and peracnsprovldlng live enlanalnment ,distinguiShed or characterized by en emphasis on matters
depicting, describing, Or relating to specified se><usl actlvitles or. specified anatomical ..",as in thG
licensed facility or in areas adjoining the licensed facility where SUCh entertainment eM be seen by
patrons Of tM Ilctnse<llaclllty shail remain at all times a minimum distancect tan (10) flI.t from all
patrcns, customel3, or sp~talOrs and shall dance or provide .such el'lIenainment on a platform
intended for that purpose, which shall be raised ~t least two (2) leet from 1I1e level cf the flocr on
which piltrcns or spectalors afe located,
Subdivisicn 5. Interacti<Jn with Petrons No dancer, periormer, cr person pfoviding live enter-
tainmentdlstinguished or'oheracterized by an emphasis on matters depicting, describing, or relat,
ing 10 speoified sexual activities or ~pecified anatomical areas in the licensed faollity or in areas
adjoining the licensed fI!lcllity where the entertainment can be seen by patrons 0/ the licensed fEloil.
Ily shail fondle 6r carNs any spectator or palron.
SJbdivlSioli 6~ Gnltllitv ProhibitIon. No CI,l$tomersl spectator, or patron of a'licensed facility
shall directly payor give any grelulty 10 Elny dsncer cr performer and nO'dancer or perfOl'l'l!er $hall
solicit any pay cr gratuity 1rom any patrcn or SptellltOf. ..
~
FEB-28-2\J02 13: 2S
LEAGLE OF r1'I CITIES
P. 32/34
!Me
I '''''''-IMi~_'' Ci/;..
Olio<,.....u., -8_
CllISslf1catiOD
Municipality
Dats
Research ami ltiformation Service
- .
Subdivision 7. Adult Car Wash """LJlrements Sexually-oriented CUslnes.es that ale adu~ oar
weshes shall meet aU of the requirementl of this Ordlnanc\'l .
Section 15. RestrIction. RetJllrdina license Transfer.
(1) The 1ice.1se granted. undElr this Ordinano. is for me paraen and IhEl pramiNsnllmed on
the approved iicense application. Ne transler of a license shall be permitted lrom place to
place or from person to person without complying with. the requirements of an orl~lnal
application. . ' .'
(2) When a sexually-orl"nted business liaeDst4 under thiS Ordinance Is sod or transferred,
the existing licensee shalllmmedlateiy noU1y tne Issuing AUll10rtty Of tne sale' Of tranSlllr
If tne new owner or operator Is to eontinue operating the sexually-ori.nted busin.ss, .1f:le
new .owner or op.rator must immediately apply lor a Ilc.nse under tnls Or<l.lna~ce. '
Section 18. Insoectlon
Subdivision 1, ~. An applicant or Ilcensse shail permit health officials. rlipresllfltatlv9S of
the police department, fire department, and bu~ding InopQ::tIOn dlyision, to Inspect the pre.rnlsee Of
an Adult Orlan~d Business lor the purpose 01 enSIJrin; camp/isnOll with the law, at any time It Is
occupied or open for business,
Subdlvi!$!on 2~ R.fus.al tg PArmlt In~n~iona. ,A person ,who opsrates an "Adylt Orlent~d
Business or hiS/her allan! or employee oommilS an offtnsli If sha or ha refuees to permit a lawful
InspeOtion of ths premisee by health officials, represer;ta~ves of the pallce department, lire depart-
ment, and building InspectiOn dM'lon at any tIm'l It Is occupied or o~n for business. Refusal.to
perm~ jn.p~lons may result in the suspension of the Iloenae as provided in Section .11. .,
Subdivision 3. Exosotions. The provisions of mis section do not apply 10 areas of'sn adult
mote), which are currenUy beln~ rented by a customer for use a9 a permenent or temporaty h.bi-
.tatlon, '. ."
Sectton 17. ')$x:olration and RQnewal.
,
SubdiVision 1. EXOlroTlnn each Iic.nse .hIll! axplra at tha eno ot the cal'ndar ya.rand m.y
b, rtn.wad only by making application as providad in Section 7, Subdivision 1, Appllcatkm fo'
rOllawal must b. made at least 6Q days belors tha axplratlon date, end when made 18$1 rn.t eo
dlys befere the axpiratlon data. the explrstlon 01 the license will not be affected,
SubdiVision 2. Denial of RanAw.i When th. City danias renewal of a IIc.ense,iha appl.l9ant
shalllle! be issued a license for one year from tne dale Of denial. If, Subsequent fOllenial, the City
finds that the basis tor denial of the rsnewal license has been corrected or abated, .lt1t1 applicant
may be granted a license it at east 90 days have elapsed since tna dete .danlalbecame final. .
Section 16. SU8CJension
Subdivision L CaLJ'~' IIf ~lJ.nRnsion Thll City may suspend a .lIcensa for a periOd n.ot to
exceed ~o days lilt determine, lt1at licensee or an employee of a licenSGe has:
(a) Vlolal8<l or Is not In compliance with any prOViSion of this chapter.
FEll-28-2002 13: 26
LEAGUE OF MN CITIES
P. 33-34
LMc
Clll"ifkatlov.
MlUIicipality
I.,..p...f Mi.._ CiI!..I
CiIJ.. prom.llpg....n....
Date
R,eslUlrcb and biformation Service
(b) Engaged in the use of alcoholic beveraaes while on the Aduit Oriented BuSiness
premises ottler than at an Adult Holel or Motel.
lc) Refused to allow an Inspection or the Adull Oriented Bu.lne.. premi.e. as sutho
rlzed by this chap~r.
(d) Knowingly P9rmitted gambling by any pir.on on me Adull Orlenled Business premis
Gll
(e) Demonstrated inabil~ to operate or manage an Adult Oriented Businoos in a peace
lul and law-abiding ma!)nar, thUS necessll!1t1ng action by law enforcement offioers,
Subdivision 2. ll!Illllia, A SUSpension by the City shall be pro~aQded by written notice to. ttle
licenaee and e publiC hl!Jllrlng. The notice shall give alleast 10 days' notloe of lI1e lime and place of
!he hearing and .hall slate the nature ollhe charges against the licensee. The nOliee may be served
upon the iicl!nsee personally, or by leaving the same at the licensed business premises with 1I1e
person In charge thereot.
~cm 19. t:!evocatlDn.
Subdivision 1, S",oAnded licen..... The City may revoke a Ii.,.nse it a oause of suspension
I,n Seotlon 11 occurs and the license has been suspended within the precedln~ 12 month..
Subdivision 2. ~all.es of RAvnr..tlnn. Th' City shall revoke a iicense t it determines that;
(a) A licensee gave talse or misleading information Il1lhe materiel submi~d to the City
duMg the .applicatlon process;
(b) A.licenSee or an employee has knowingly allowed possession, use, or sale 01 co.n
trolled sublltanoes on the premlaes,
(c) A lioeMee or an ampleyee has knowingly allowed prcstltution on the premlsss;
(d) A licensee or an employee knowingly operatQ{j the Adult Oriented Business during a
p,nodof time when the licensee's license wes suspended;
. (e) A licensee hes oeen oonvicted of an off..,se listed In Sootlon 7. Subdivision 3(g), lor
which the lime periOd ,.quired in Section 7, Subdivision 3(0). has not elaPsed;
(I) On two or more occasions within a 12.month period, 8 person or ""rsons committed
an offen.. occurring in or on the IIcensQ{j premises of a crime listed in Section 7,
Subdivision 3(g). for which e convlotion has been oblainlld, and the person or per
son were employ"s of !he Adult Oriented Business at /he time the oHenses were
ccmmllled
(g) A licensee or an employee has knowingly allowed any act of sexual intercourse,
sedom, oral copl.Jlaticn or masturbation to occur in or on the licensed premises,
I
i=EE-;;E-2IJ02 13: 26
lEAGUE OF MN CITIES
P.34/34
LMc
Clusiflcatlon
Municipality
z-"...j M!P.u'" Oli..
Oi/v prtnNoU,., ~#1IQII
I
Date
Research and Ill/ormation Service
SubdivISion 3. AnnRAI. The fact that a conviellon Is being appealed .ha/l have no efl9cl on
the revoeatlon 01 the /lo9nee, ',.
Subdivision 4. Exoantions Seetlon 12, Subdivision 2(g), does not apply to adult motels as ..
ground for revoking the lIeanse unless 1l'Ie lIeen$68 or eInPloyeeknowingly ..,iow~ the act of sex.
uallntercourse. SOdomy, oral copulation. masturbation, or sexual contect to occur In e public p[aoe
or within public vi<lW.
SubdiVISion 6. Grandno a I ie_sa Attar Ravne.tlon, When the City revokes.. license. the
revocationshaU continue for one yeer and the licensee shel! not be issu6d an Adult Oriented
Buslnee. license for ona yaar Trom the date revocation became effective. If, subsequent to revoca-
tion, the Cltt flndsthet the b,asls for the I'$vocstlon he. been oorrQC\ed or aoated, tha appilcant may
be granlad a license II at least go days have elapssd since the date the revoeation became eflee-
tlv.. II the license was revoked under Section 12, Subdivi,ion 2(e), an applicant may not b. grant-
<ld anolhElr Il00na& unllllne appropriate number cf years required under Section 7, 5ubdlllision 3(g) ,
ham ,lcpmed, . ' '
S\lbdivi.ion 6. ~ A revocation by tM City shall be prOee6dsd by.wrltten noUce 10 Ihe
Iicans.e and a publIc hearing. The nollce shall give at least 10 days' nonce oi the time and plaCe 01
the hearing and shell statEl the nature ofth. Charges agalf\Stthe licens.... The notice may be served
upon thQ liCensee personally, or by leaving the same at the licensed premises with the person in
GhlirQe thereof
~tign .20. Transaf." of Llcensl:.
A lie.n... shall not trensler this license to another, nor shall .. licensee operate an Adult
Orienled Business under IMe authority (If a Iieense at any place othOlr than the addrll$S designated
in the appllcanon, '
SGlltlon 21. Severabilill!.. ." .. . '" . ..
_ "'." ",;,"""_-' ..1....'''''.10'1,' '11'~~,,..Wi:'~_i:,,J,;.!.:.0,lF,,,:_. '.
Every seotion, provision, or part of thiS' Ordinance or '~y pElrrnit issued to this ordiri:if\'~"b
daolarsd severable from every other sQC\ion. prevision, or part thereof, tel the .xtel1l that if any aee-
tlon, provision, or pan of this Ordinance or any perm~ issued pursua:"ll tc tt,lls ordln.ane. sh~l. be
,^
:+i 1:Jf~
PEDDLERS, SOLICITORS, ETC,
~ 15-200
<
--0 _
Sec. 15.126. Penalty. ""
Any person vi~ting any~ovision,of'ihis article s I be guilty
a misdemean~r,_~d upon co~viction thereof, sh be punished
by fine of not more han seven"bundred dollars $700.00) or by
imp' onment of not re than'rl\' ety (90) d s, or both, plus
costs 0 rosecution in el er case.
(Ord. No, 92-1286, ~ 1, 4- -92)
/
,(
.f
egulatio9'Act.
/
ARTICLE VI. ADULT USES
Sec. 15.200. Adult Uses-Definitions.
(a) Adult Uses. Adult uses include adult bookstores, adult
I
L
~ 15-200
BLAINE CODE
~
tion parlors, adult health/sport clubs, adult cabarets, adult nov-
elty businesses, adult motion picture arcades, adult modeling
studios, adult hotels/motels, adult body painting studios, and
other premises, enterprises, establishments, businesses or places
open to some or all members of the public, at or in which there is
an emphasis on the presentation, display, depiction or description
of "specified sexual activities" or "specified anatomical areas"
which are capable of being seen by members of the public.
Activities classified as obscene as defined by MSA ~ 617.241 are
not included.
(b) Adult Use-Accessory. The offering of goods and/or services
which are classified as adult uses on a limited scale and which are
incidental to the primary activity and goods and/or services
offered by the establishment. Adult Uses-Accessory do not
include any Adult Uses-Principal as defined by section 15-
200(c)(l) through (15) nor the rental or sale of adult magazines,
adult books or adult movies, provided the display of such items
complies with Minnesota Statutes, Section 617.293, is limited to
no more than twenty (20) percent of the floor area of the
establishment, and is not internally or externally advertised.
(c) Adult Uses-Principal. The offering of goods and/or ser-
vices which are classified as adult uses as a primary or sole
activity of a business or establishment and include but are not
limited to the following:
(1) Body Painting Studio. An establishment or business
which provides the service of applying paint or other
substance, whether transparent or non-transparent, to or
on the body of a patron when such body is wholly or
partially nude in terms of "specified anatomical areas."
(2) Bookstore. A building or portion of a building, comprising
more than twenty (20) percent of the floor area of the
establishment used for the barter, rental or sale of items
consisting of printed matter, pictures, slides, records,
audio tape, videotape, or motion picture film if such
building or portion of a building is not open to the public
generally but only to one or more classes of the public
"
>
~
,
I
PEDDLERS, SOLICITORS, ETC.
~ 15-200
--
-
characterized by an emphasis on the depiction or descrip-
tion of "specified sexual activities" or "specified anatomi-
cal areas."
(3) Cabaret. A building or portion of a building used for
providing dancing or other live entertainment, if such
building or portion of a building excludes minors by virtue
of age or if such dancing or other live entertainment is
distinguished or characterized by an emphasis on the
presentation, display, depiction or description of "speci-
fied sexual activities" or "specified anatomical areas."
(4) Companionship Establishment. A companionship estab-
lishment which excludes minors by reason of age, or
which provides the service of engaging in or listening to
conversation, talk or discussion between an employee of
the establishment and a customer, if such service is
distinguished or characterized by an emphasis on "spec-
ified sexual activities" or "specified anatomical areas."
(5) Conversation / Rap Parlor. A conversation/rap parlor which
excludes minors by reason of age, or which provides the
service of engaging in or listening to conversation, talk, or
discussion, if such service is distinguished or character-
ized by an emphasis on "specified sexual activities" or
"specified anatomical areas."
(6) Health I Sport Club. A health/sport club which excludes
minors by reason of age, or if such club is distinguished or
characterized by an emphasis on "specified sexual activ-
ities" or "specified anatomical areas."
(7) Hotel or Motel. Adult hotel or motel means a hotel or
motel from which minors are specifically excluded from
patronage and wherein material is presented which is
distinguished
PEDDLERS, SOLICITORS, ETC.
~ 15.200
-4 _
or characterized by an emphasis on matter depicting, de-
scribing or relating to "specified sexual activities" or "spec-
ified anatomical areas".
(8) Massage Parlor, Health Club. A massage parlor or health
club which restricts minors by reason or age, and which
provides the services of massage, if such service is distin-
guished or characterized by an emphasis on "specified
sexual activities" or "specified anatomical areas".
(9) Mini-Motion Picture Theater. A building or portion of a
building with a capacity for less than fifty (50) persons used
for presenting material if such building or portion of a
building as a prevailing practice excludes minors by virtue
of age, or if such material is distinguished or characterized
by an emphasis on " specified sexual activities" or "spec-
ified anatomical areas" for observation by patrons therein.
(10) Modeling Studio. An establishment whose major business
is the provision, to customers, of figure models who are so
provided with the intent of providing sexual stimulation or
sexual gratification to such customers and who engage in
"specified sexual activities" or display "specified anatom-
ical areas" while being observed, painted, painted upon,
sketched, drawn, sculptured, photographed, or otherwise
depicted by such customers.
(11) Motion Picture Arcade. Any place to which the public is
permitted or invited wherein coin or slug-operated or elec-
tronically, electrically or mechanically controlled or oper-
ated still or motor [motion] picture machines, projectors or
other image-producing devices are maintained to show im-
ages to five (5) or fewer persons per machine at anyone
time, and where the images so displayed are distinguished
or characterized by an emphasis on depicting or describing
"specified sexual activities" or "specified anatomical areas".
(12) Motion Picture Theater. A building or portion of a building
with a caoacitv of fifty (501 or more nerSons used for nre-
L_
~ 15-200
BLAINE CODE
~-
phasis on "specified sexual activities" or "specified ana.-
tomical areas" for observation by patrons therein.
(13) Novelty Business. A business which has as a principal ac-
tivity the sale of devices which stimulate human genitals
or devices which are designed for sexual stimulation.
(14) Sauna. A sauna which excludes minor by reason of age, or
which provides a steam bath or heat bathing room used for
the purpose of bathing, relaxation, or reducing, utilizing
steam or hot air as a cleaning, relaxing or reducing agent,
if the service provided by the sauna is distinguished or
characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas".
(15) Steam Room/Bathhouse Facility. A building or portion of a
building used for providing a steam bath or heat bathing
room used for the purpose of pleasure, bathing, relaxation,
or reducing, utilizing steam or hot air as a cleaning, re-
laxing or reducing agent if such building or portion of a
building restricts minors by reason of age or if the service
provided by the steam room/bathhouse facility is distin-
guished or characterized by an emphasis on "specified
sexual activities" or "specified anatomical areas",
(d) Specified Anatomical Areas:
(1) Less than completely and opaquely covered human geni-
tals, pubic region, buttock, anus, or female breast(s) below
a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
(e) Specified Sexual Activities:
(1) Actual or simulated sexual intercourse, oral copulation,
anal intercourse, oral-anal copulation, bestiality, direct
physical stimulation of unclothed genitals, flagellation or
torture in the context of a sexual relationship, or the use of
excretory functions in the context of a sexual relationship,
, ,.. " (','1..: _4 _. .__ _"._ _~:__l..~...] ~ ~./-~ "'..... ....,,_..J......,.j.,
r
I
L
PEDDLERS, SOUCITORS, ETC.
~ 15-202
(2) Clearly depicted human genitals in the state of sexual
stimulation, arousal or tumescence;
(3) Use of human or animal ejaculation, sodomy, oral copu-
lation, coitus, or masturbation;
(4) Fondling or touching of nude human genitals, pubic
region, buttocks, or female breast;
(5) Situations involving a person or persons, any of whom are
nude, clad in undergarments or in sexually revealing
costumes, and who are engaged in activities involving the
flagellation, torture, fettering, binding or other physical
restraint of any such person;
(6) Erotic or lewd touching, fondling or other sexually-
oriented contact with an animal by a human being; or
(7) Human excretion, urination, menstruation, vaginal or
anal irrigation.
(Ord. No. 92-1287, ~ 2, 3-19-92; Ord. No. 92-1308, ~~ 1,2,8-20-92)
Sec. 15.201. License required.
No person, firm or corporation shall operate an adult use,
either principal or accessory, without having first secured a
license as hereinafter provided. Licenses shall be one of two (2)
types:
(1) Adult use-accessory.
(2) Adult use-principal.
(Ord. No. 92-1287, ~ 2, 3-19-92)
Sec. 15.202. Applications.
An application for a license must be made on a form provided
by the city. In addition to such information as the city manager
may require in his or her sole discretion, the application shall also
include:
(1) The name, residence, phone number and birthdate of the
applicant, if an individual; and if a corporation, the
names, residences, phone numbers and birthdates of
those owners holding more than five (5) percent of the
outstanding stock of the corporation:
I '
~ 15-202 BLAINE CODE
(2) The name, address, phone number and birthdate of the
manager of such operation, if different from the owners;
(3) The premises wherein the adult use is to be located;
(4) A building plan of the premises detailing all internal
operations and activities, including a statement of total
floor space occupied by the business. This sketch or
diagram need not be professionally prepared but must be
drawn to a designated scale or drawn with marked
dimensions of the interior of the premises to an accuracy
of plus or minus six (6) inches;
(5) Confirmation of compliance with health, fire and building
regulations certified by duly authorized representatives
of the health department, fire department and building
officials;
(6) The activities and types of businesses to be conducted;
(7) The hours of operation;
(8) The provisions made to restrict access by minors;
(9) A statement detailing each gross misdemeanor or felony
relating to a sex offense, obscenity offense and/or the
operation of adult uses and related activities of which the
applicant or, in the case of a corporation, the owners of
more than five (5) percent ofthe outstanding stock of the
corporation, have been convicted, and whether or not the
applicant has ever applied for or held a license to operate
a similar type of business in other communities.
(Ord. No. 92-1287, ~ 2, 3-19-92)
Sec. 15.203. Individuals ineligible for a license.
No license shall be granted to or held by any person:
(1) Under eighteen (18) years of age;
(2) Who is overdue or whose spouse is overdue in his or her
payment to the city, county or state of taxes, fees, fines or
penalties assessed against them or imposed upon them in
relation to an adult use-accessory or adult use-principal;
,
PEDDLERS, SOLICITORS, ETC.
~ 15-204
(3) Who has been convicted or whose spouse has been con-
victed of a felony or of violating any law of this state or
local ordinances relating to sex offenses, obscenity of-
fenses anellor adult uses;
(4) Who is not the proprietor of the establishment for which
the license is issued;
(5) Who is residing with a person who has been denied a
license by the city or any other Minnesota municipal
corporation to operate an adult use-principal or adult
use-accessory business within the preceding twelve (12)
months, or residing with a person whose license to oper-
ate an adult use-accessory or adult-use principal business
has been revoked within the preceding twelve (12) months;
(6) Who is an on-sale liquor, on-sale wine or 3.2 percent malt
beverage license holder in the city; or any license holder
under Chapter 3, Alcoholic Beverages, of the Municipal
Code of the City of Blaine.
(7) Who has not paid the license fee required by section
15-208.
(Ord. No. 92-1287, ~ 2, 3-19-92; Ord. No. 01-1920, 10-4-2001)
Sec. 15-204. Places ineligible for a license.
(a) No license shall be granted for adult uses on any premises
which has not been approved by the health department, fire
department and the building official as being in compliance with
applicable laws and ordinances. All necessary inspections shall be
completed within thirty (30) days from the date the application
was submitted, provided the application contains all of the
information required by this article. If the application is deficient,
the necessary inspection shall be completed within thirty (30)
days from the date the deficiency is corrected.
(b) The floor area to be occupied by the proposed adult use-
principal shall be at least seven hundred fifty (750) feet from the
nearest property line of any land in any residential zone, or any
school, day care, library, park playground, or other public recre-
ational facility in any zone, and at least seven hundred fifty (750)
feet from the nearest property line of any religious institution.
~ 15-204
BLAINE CODE
(c) An adult use-principal business shall not be located within
seven hundred fifty (750) feet of another adult use-principal
business.
(d) No license shall be granted for adult uses on any premises
where a licensee has been convicted of a violation of this section,
or where any license hereunder has been revoked for cause, or
until one (1) year has elapsed after such conviction or revocation.
(e) No license shall be issued to any premises which has
on-sale liquor, on-sale wine or 3.2 percent malt beverage license,
or any license holder under Chapter 3, Alcoholic Beverages, ofthe
Municipal Code of the City of Blaine.
(f) Except for uses lawfully existing at the time of this article
adoption, no license shall be granted for any adult use which is
not in compliance with the city's zoning regulations.
(Ord. No. 92-1287, ~ 2, 3-19-92; Ord. No. 92-1308, ~ 3, 8-20-92;
Ord. No. 01-1920, 10-4-2001)
Sec. 15-205. Conditions of license-Adult use-principal.
(a) No adult use business shall be open to the public from the
hours of 11:00 p.m. to 8:00 a.m.
(b) All entrances and exits to businesses, with the exception of
emergency fire exits which are not usable by patrons to enter the
business, shall be visible from a public right-of-way. If such
businesses are located within an enclosed commercial complex,
all patron entrances shall open onto the common concourse.
(c) The adult use business shall not be constructed, used,
designed or operated for the purpose offacilitating or permitting
persons to engage in specified sexual activities as defined in this
section. Any booths, stalls or partitioned portions of a room or
individual rooms, used for the viewing of motion pictures or other
forms of entertainment shall:
(1) Be visible from a well-illuminated continuous main aisle;
(2) Not be obscured by any curtains, door or other enclave;
SUIlO. No. 63
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PEDDLERS, SOLICITORS, ETC.
~ 15-205
(3) Be without holes or openings in all side or rear walls or
holes or openings in any other walls which are designed to
allow persons to engage in specified sexual activities as
specified in this section;
(4) Not be occupied by more than one (1) person at a time;
(5) Be illuminated by a light bulb of no less than twenty-five
(25) watts.
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PEDDLERS, SOLICITORS, ETC.
9 15-206
(d) The operators of the adult use business shall not permit
specified sexual activities on the premises and shall have an af-
flrmative duty to supervise the establishment and prevent any
such activity.
(e) All building openings, entries and windows shall be located,
covered or screened in such a manner as to prevent a view into
the interior from any public or semi-public area in conformance
with architectural requirements of the zoning district.
(f) Signs visible to the public for adult use-principal businesses
shall comply with the city's sign ordinance and shall not contain
graphic descriptions or representations of the adult use-principal
of the operation.
(g) No minor shall be permitted on the licensed premises of an
adult use-principal business unless accompanied by his parent or
legal guardian.
(h) Any designated inspection officer or law enforcement of-
fleer shall have the unqualifled right to enter, inspect, and search
the premises of the licensee during business hours without a search
and seizure warrant.
(i) All license premises shall have the license posted in a con.
spicuous place at all times.
(j) Every licensee shall be responsible for the conduct of his
place of business and shall maintain conditions of order.
(k) Every license shall be granted subject to the above condi.
tions and all other provisions of this section, and of any applicable
sections of the code of the city or state law.
(Ord. No. 92.1287, ~ 2, 3.19.92)
Sec. 15.206. Conditions of license-Adult Use. accessory.
(a) All licensed premises shall have the license posted in a
conspicuous place at all times.
(b) Any designated inspection officer or law enforcement officer
of the city shall have the unqualified right to enter, inspect, and
search the premises of a licensee during business hours without a
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~ 15-206
BLAINE CODE
(cl Every licensee shall be responsible for the conduct of his or
her place of business and shall maintain conditions of order.
(d) The adult use-accessory shall comprise no more than twenty
(20) percent of the floor area of the establishment in which it is
located.
(e) The display and display areas for adult use-accessory shall
comply with Minnesota Statutes, Section 617.293 and anyamend.
ments thereto, and shall comply with all state and federal laws
regarding the display ~dissemination of harmful materials to
minors.
(fJ Adult use-accessory shall be prohibited from both internal
and external advertising and signing of adult materials and prod-
ucts.
(Ord. No. 92.1287, ~ 2, 3-19-92; Ord. No. 92-1308, ~ 4, 8.20-92)
Sec. 15.207. Investigation fees.
At the time of each original application for a license, the ap.
plicant shall pay a minimum investigating fee. This minimum fee
shall be five hundred dollars ($500.00) per person on the applica.
tion, and additional direct costs associated with the investigation
will be billed to the applicant(s). The minimum investigating fee
shall not be subject to refund. If the expenses of the investigation
relating to any application exceed the minimum investigation
fee, the city shall notify the applicant(s) of this fact and shall
require the applicant(s) to pay an additional investigating fee
which the city manager deems necessary to complete its investi-
gation of the applicant(s). The applicant(s) shall pay such an ad-
ditional investigating fee within five (5) days of being so notified.
If such additional investigating fee is not paid within such five-day
period, the city shall discontinue consideration of the application.
Each application shall contain a provision on the application in
bold print indicating that any withholding of information or the
providing of false or misleading information will be grounds for
denial or revocation of a license. Any changes in the information
provided on the application or provided during the investigation
shall be brought to the attention of the city council by the appli-
cant or licensee. If said changes take place during the investiga-
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PEDDLERS. SOLICITORS. ETC.
S 15.20&
tion, said data shall be provided to the chief of police or the city
clerk in writing and they shall report the changes to the city
council. Failure to report said changes by the applicant(s) or the
licensee may result in a denial or revocation of a license. (Ord. No.
92-1287, ~ 2, 3-19-92)
Sec. 15.208. License fees.
(a) The annual fee for an adult use-accessory license shall be
five hundred dollars ($500.00). The annual fee for an adult use-
principal license shall be five hundred dollars ($500.00).
(b) Each application for a license shall be accompanied by a
receipt from the city treasurer for payment in full of the required
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PEDDLERS, SOLICITORS, ETC.
S 15.209
fee for the license. All fees shall be paid into the general fund of
the municipality. Upon rejection of any applications for a license,
the treasurer shall refund the amount paid.
(c) All licenses shall expire on th{O! last day in' June in each
year. Each license shall be issued for a period of one (1) year,
except that if a portion of the license year has elapsed when the
application is made, a license may be issued for the remainder of
the year for a pro rate fee. In computing such fee, any unexpired
fraction of a month shall be counted as one (1) month.
(d) No part of the fee paid by any license issued under this
article shall be refunded except in the follovril1g instances upon
application to the city administrator within thirty (30) days from
the happening of the event. There shall be refunded a pro rata
portion of the fee for the unexpired period of the license, computed
on a monthly basis, when operation of the licensed business ceases
not less than one (1) month before expiration of the license be-
cause of:
(1) Destruction or damage of the licensed premises by fire or
other catastrophe.
(2) The licensee's illness.
(3) The licensee's death.
(4) A change in the legal status making unlawful for licensed
business to continue. (Ord. No. 92-1287, ~ 2, 3-19-92)
Sec. 15.209. Granting of license.
(a) The city manager and chief of police shall investigate all
facts set out in the application. Opportunity shall be given to any
person to be heard for or against the granting of the license. After
such investigation and administrative hearing, the city manager
shall grant or refuse the application.
(b) Each license shall be issued to the applicant only and shall
not be transferable to another holder. Each license shall be issued
only for the premises described in the application. No license may
be transferred to another place without the approval of the city
manager.
Supp. No. 42
1207
Ii 15-209
BLAINE CODE
(c) Existing Licensees Compliance. All existing adult use-
principal and adult use-accessory businesses shall be required to
conform with this provision on or before May 15, 1992. Failure to
comply will result in the license being revoked effective 12:00
midnight May 16, 1992. No adult use-principal or adult use-
accessory which is not yet open to the public as of the date of
passage of this- article may operate until the license required by
this section is granted. (Ord. No. 92-1287, li 2, 3-19-92)
Sec. 15.210. Expiration of license.
(a) Each license shall expire one (1) year from the date of issu-
ance and may be renewed only by making application as provided
in section 15-208. Application for renewal should be made at least
sixty (60) days before the expiration date, and when made less
than sixty (60) days before the expiration date, the expiration of
the license will not be affected.
(b) If the city denies renewal of a license, the applicant shall
not be issued a license for one (1) year from the date of denial. If,
subsequent to denial, the city fmds that the basis for denial of the
renewal license has been corrected or abated, the applicant may
be granted a license if at least ninety (90) days have elapsed since
the date denial became final. (Ord. No. 92-1287, S 2, 3.19-92)
-
Sec. 15.211. Suspension.
(a) The city may suspend a license for a period not to exceed
thirty (30) days if it determines that a licensee or an employee of
a licensee has:
(1) Violated or is not in compliance with any provisions of this
section.
(2) Engaged in excessive use of alcoholic beverages while on
the adult use-principal premises.
(3) Refused to allow an inspection of the adult use-principal
premises as authorized by this Code.
(4) Knowingly permitted gambling by any person on the adult
use-principal premises.
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~ 15-212
(5) Demonstrated inability to operate or manage an adult use-
principal in a peaceful and law-abiding manner, thus ne-
cessitating action by law enforcement officers. .
(b) A suspension by the city shall be preceded by written notice
to the licensee and a public hearing. The notice shall give at .least
ten (10) days notice of the time and place of the hearing and shall
state the nature of the charges against the licensee. The notice
may be served upon the licensee personally, or by leaving the
same at the licensed business premises with the person in charge
thereof. (Ord. No. 92-1287, !} 2, 3-19-92)
Sec. 15.212. Revocation.
(a) The city may revoke a license if it determines that:
(1) The cause of suspension as set forth in section 15-211 oc-
curs and the license has been suspended within the pre-
ceding months.
(2) The licensee gave false or misleading information in the
material submitted to the city during the application pro-
cess.
(3) A licensee or an employee has knowingly allowed posses-
sion, use, or sale of controlled substarices on the premises.
(4) A licensee or an employee has knowingly allowed prosti-
tution on the premises.
(5) A licensee violated any of the provisions ofMSA!} 617.241
through MSA !l 617.299 relating to the illegal distribution,
possession or sale of obscene materials.
(6) A licensee or an employee knowingly operated the adult
use business during a period of time when the licensee's
license was suspended.
(7) A licensee has been convicted of an offense listed in section
15.203 for which the time period required has not elapsed.
(8) On two (2) or more occasions within a twelve-month period,
a person or persons committed an offense occurring in or on
the licensed premises of a crime listed in section 15-203 for
which a conviction has been obtained, and the person or
10(\0
~ 15-212
BLAINE CODE
persons were employees of the adUlt use business at the
time the offenses were committed.
(9) A licensee or an employee has knowingly allowed specified
sexual activities to occur in or on the licensed premises.
(10) A licensee is delinquent in payment to the county or state
for hotel occupancy taxes, ad valorem taxes, or sales taxes
related to the adult use business.
(b) The fact that a conviction is being appealed shall have no
effect on the revocation of the license.
(c) Section 15-212(a)(8) above does apply to adult motels as a
ground for revoking the license unless the licensee or employee
knowingly allowed the act of sexual intercourse, sodomy, oral
copulation, masturbation, or sexual contact to occur in a public
place or within public view.
(d) When the city revokes a license, the revocation shall con-
tinue for two (2) years and the licensee shall not be issued an
adult use business license for two (2) years from the date revoca-
tion became effective. If, subsequent to revocation, the city finds
that the basis for the revocation has been corrected or abated, the
applicant may be granted a license if at least ninety (90) days
have elapsed since the date the revocation became effective.
(e) A revocation by the city shall be preceded by written notice
to the licensee and a public hearing. The notice shall give at least
ten (10) days notice of the time and place of the hearing and shall
state the nature of the charges against the licensee. The notice
may be served upon the licensee personally, or by leaving the
same at the licensed premises with the person in charge thereof.
(Ord. No. 92-1287, ~ 2, 3-19-92)
Sec. 15.213. Transfer of license.
A licensee shall not transfer this license to another, nor shall a
licensee operate an adult use business under the authority of a
license at any place other than the address designated in the
application. (Ord. No. 92-1287, ~ 2, 3-19-92)
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~ 15-302
. Sec. 15.214. Severability.
Every section, provision, or part of this ordinance or any permit
issued to this ordinance is declared severable from every other
section, provision, or part thereof to the extent that if any section,
provision, or part of this ordinance or any permit issued pursuant
to this ordinance shall be held invalid by a court of competent
jurisdiction it shall not invalidate any other section, provision, or
part thereof.
(Ord. No. 92-1287, ~ 2, 3-19-92)
Sees.: 15-215-15-299. Reserved.
CLE VI~MPO~Y ~ERY SALES
\ ./ ''''I
Sec. 15-3 Definition. \ ,/ \ ,
The follow' term(s) sh~have the defini o~\give~ them:
Temporary nu ry sal!'fS: ~porary s es ass~aJfed with a
pri~ u~e erecte~on .a'comm~Cial. ly- ed 10tti.or,Xpe purp.ose
of diS{>laymg or se seasonal hlant. d land8~~pe\-JDatenals
not inSi,de a permanen structure~ \ . / \.
(Ord. N'e, 98-1719r5-21- 8) l\ / \
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Sec. 15-3~. t..icense req .,.' \/' \,
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(a) No pe~on shall opera~" tempor~-inursery sales witfi\n
the li~ts6f t~ city withoU:;"a c dition~use permit, pursu~
to seCti9Il 30.1M~~ and 3o,;~4(0) 0 e Z?~ code. \.
(b. ). No person s~all 9Perate tem~rllr. ry ntitsery sales within \
the city without a te..nrrary nurse1~es lic~~e. \
(c) For the purpo,sks-.,pf this lic~dse, ~ applic8{lt shall be the ..
operator of the teI!1'Poraty nurse,y sales. \ \
(Ord. No. 98-17t9, 5-21-981)./ \
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Sec. 15.302~.License app"li~tion; insur '
r ,.', ..
(a) Apg}ication for such licen~e shall be mad' to the cit~. clerk
on a fory{ supplied by 9'e city. Th~.~~plication s c.ontaf~ the
full :roe and add~s of the ap~,~nt, the 1 . ation of t.~~
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P.01
LETTER of TRANSMITTAL
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City of Spring Lake paJk
1301 Eighty Pits! Avenue Northeast I
Spring Lake P!J(k, Mlnnll80te 654321
Phone: (763) 784-649j
Fax: (763)792-7257 I
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D.te: March 4. 2002
To: Kim Sykes-MoOf9
From: Barb Nelson
Re:
X Atla<;hed
XF>er your Request
o Urgent
por Review
K
0 Copy of Letter a Flease Reply Pleeee Comment o Others I
Copies Doscrlptlon I
1 Code PertelnlMg to Sexually Oriented Businesses I
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1m, We elso have ordlnarce~ rll: the disseml:'latlon of Pornography end Prostitution and Nudity if
~r commission Is Interested 11'1 those as well,
314/02
11:53AM
C,\WiNDOWSlOo.klQp\SLP ,.Iior of Tr.nsmlttol,dClG
y
66!.12
MAR-B4-e2 11:~1 AM
66C.Ol
66C.02
P~02
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Severa~1li t:y , 'I
Every .ection. provision or part of this ordinance is declared
separable tram every other section, provision or ~art to the
extent that if any ..ction, provision or part of t~ arGinine.
shall be h.l~ invalid, such holding shall not invalidate any
other section, provision Or part thereOf. I
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ssc. SEXUALL~ ORIENTED BUSINESSES I
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statement of Findin9s end Purpose. ~
The City recoqnizes that the exi5tence of Sexuall Oriented
ausinesses within the City present unique pro~lem ,in a
variety of a~eas, including crime prevention, profection of
retail trade, meintenance of protection of the qUrlity of
life in the City, and pUblic health concerns as e'result of
sexually transmitted diseases. In particular, th~ city also
recognizes pro~lems that other communities througbout the
country have had with sexually Oriented Businesses!in terms of
their location and effect upon adjoining neighborhoods.
Finally, the City makes note of the spread of the!bsexUallY
transmitted disease known as Acquired Immune Deti,_iancy
Syndrome (AIDS), and the lack of any adequate curs or
treatment for this disease. In order to provide ~or the
general safety and welfare of the citizens of the! city of
Spring Lake Park, the preservation of property va4ues, and to
minim1~e public health risks, the City tinds it nFcessary to
regulate Sexually Oriented Businesses in terms ofl their
physical location, condition of the premises, and, the like.
!
Definitions. 1
Whenever used in this section, the following word or phr~ses
shall have the meanings ascribed to them: .
(a) Adult-Only Bookstore; An establishment havin~ as a suh-
stantial o.r significant portion of its stock in t~~ade, books,
magazines, tilms for rent, sale or viewing on pre ises by use
of motion picture devices or other coin-operated eens, and
other periodicals which are distinguished or ehar~oterized by
their principal emphases on matters depicting, dsCcribing or
relating to nUdity, sexual conduct, sexual excitsFent or
sadomasochistic abuse, as defined below, or an .~tablishm.nt
with a segment Or section devoted to the sale, rental or
display of such material, for sale or rental to patrons
therein. A "sul:>stantial or signifioant portion" qf its stock
in trade shall be deemed to exist if 10' or more df the 9ross
revenue from the business is derived from such s~les or
rental, or if 10% or more of the floor area of t~e building
used for such purposes is occupiad by such stockJin trade.
(b) Adults-only Theater: An enclosed building us;:rd rec;ularly
and routinely tor presenting programs, materiol di,stlngui15hed
or charac~erized by an empha5es on matter depiet~ng,
descri~ing or relating to nudity, sexual conduct, sexual
excitement or sadomasochistic abuse, as defined slow, for
observation by patrons therein.
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MAR-e4-02 11:52 ~M P.03
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(e) Massage ~arlor: An establishment or place ~rlmarily in
the DUliness of providing massage services. T
(d) Nudity: The showing of the human male or fe~al'
qenital., PUbic area or buttocks with less than aifully
opaque covering, or the showing of the female bre~st with
less than a fully opaque covering of any'portion thereof below
the top of the nipple, or the depicting of covered male
genitals in a discernibly turgid state. I
(el. Rap Parlor: An establishment or place primafl1Y in the
bUIlnes; of providing nonprofessional conversationl'or similar
services tor adults.
(f) Sauna: An establishment or place primarily +n the
business of providing (i) ~ ste~rn bath and [i) maIsage
services.
(q) Sexual Conduce: Acts of maseuroation, homos xuality,
sexual intercourse, or physical contact with a pe son's
unclothed genitalS, pubic area, buttocks or, if such a
person be a female, her breast. I
(h) Sexual Excitement: The condition of human male or
female genitals when in a state Of sexual et1mula~ion or
arousal. I
(1) Sadomasochistic Abuse: Flagellation or tort~re by or
upon a person Clad in undergarments, a mask or bi*arre
costume, or the condition Of being fettered, bounl or other-
wi~e physically restrained on the part of one so lothed.
(j) Adult Entertainment Center: An enclosed bui ding or a
~art of an enclosed building, a portion of which cintains one
or more coin-operated mechanisms which when aotiv teO permit
a customer to view a live person unclothed or in s ch attir~,
costume or clothing as to expose to view any portion of the
female breast below the top of the areola, or any!portion (
the pubio hair, anus, oleft of the buttocks, vUlv4 or
genitals, or the charging of any admission tee for ~he viewing
of such activity. i
66C.03 Regulations. 1
(a) zoning Restrictions. No Sexually oriented S'sinesses
shall be permitted to be located in any area whic~ is zoned
ether thAn C-I (commercial). I
(b) Speoial Use Permit Required. Within the C-lt,zone,
Sexually oriented BUSinesses shall be permitted 0 ly by
Special Use Permit, to be issued on an annual bas 5, to be
reviewed on an annual basis. The Special Use Permit shall
be issued in the same manner as other Soecial UsejPermits
are under Section 32 of the Spring Lake'Park Cityicode, with
the tallowing excepeions, which $hall apply to al~ Special
Use Permits i$sued for Sexually oriented Business,s:
(1) Con~itiQns Common to ^ll Se~ually Orien~ed
BUS inesses . I
a. Location. All Sexually Oriented BUj'inesses
shall exist in free-standing buildings, located
at lea~t five hundred (500) feet from a~y
structure containing any puhlic or priv,te SChool,
church, licensed day care center, pUbli~ lib~ary,
park or municipal building. All SexualfY oriented
Businesses shall be located at least five (500)
hundred feet from any residential distrtct.
-232!\- :
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MAR-04-02 11 :~3 AM
P.04
b. Parkinq. All driveways and parkin~ facilities
ahall be paved with concrete or bitumin~us material
in accordanoe with specifications to be:e5ta~lished
from time to time by the city engineerJ
c. Illumination. Parking lots and aC~eQ6 roads
s~all be llll.\mlnated by exterior lightin 'aellitiea
w1th a sufficient candle power, or iJlu inating
capacity to meet stan4arda which shall b from time
to time established and publicly availa~le through
the office of the City Engineer. t
d. Inspection. During business hours, 11 areas ot
the facility shall be open and aVailab~e for
inspection by law enforcement personne~, pUblic
health officials, and fire department dr building
code oftichls. The premises ot each bU1:1.neSS shall
be completely covered by television ca.era
surveillance devices, with sufficient cl sed circuit
monitors to permit the inspection of a~l locations
within and without the premis~s on a con~tant basis.
Such monitors shall be available to law ~nforoement
personnel ~t all times during business 'hour
operations. Standards for the quality and type of
television camera monitoring equipment Ishall be
established at the time of issuance of !the special
Use Permit, by the city council upon re9ommendation
of its staff and such other experts as imay Qe
employed by the City Counoil. I
e. Minors. No person under the age oi 18 YQars
shall be permitted on or about the premi~e5, whether
or not accomp~nied by ~n adult, a~ any ,time.
f. Signaqe. No exterior signaqe containing
refarence to any of the activities goirtg on within
the business shall be permitted except la simple.
generic sign identifying the type of eslabliShment.
as defined in Section 6GC.02 above. s1 n lettering
shall not exceed si~ (6) inches in hei ht. sign
proh!t>ition shall not include the AIDS arning sign
noted below. I
q. AIDS Warning. Each Sexually Orientied Business
Shall disPlay, immediately adjacent to lite main
entrance, an AIDS warning sign. The A]OS warning
sign shall be purchased from the City, IWhich shall
charge a fee equ~l to the cost of produ~tion of the
sign. The content of the AIDS warninq iaign shall
be as determined from tiIDe to time oy the City
Council and shall not be altered in an~ way by the
merchant displaying the sign. The si9~ ehall be
displ~yed at all times and shall be il~uminated at
all times. ~
n. Annual Fee and Information. Each exually
Oriented Business shall pay an annual ioanse fee
to be established from time to time by,resolu~ion
of the City Council. Prior to issu.nce ot the
licens., the owner or each Sexually or~ented
eusiness shall provide the following irytormation
to the City: i
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MRR-a4-e2 11=~4 AM
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1. ~h. type of b~sines5 cr94niza~ion which
owns the Dusiness, e.g., corporatipn, partnerM
ship, proprietorship. !
2. The names an4 addresses of all ~tockhold.r~.
partners or other persc~s interested in the
ownership of the business. 1-
:3. S~ch other in:'ot'lIIation ll.S the ~ity Council
may trom time to time direct. Forrs shall be
prepared by city staff listing tlleLtypes of
information which is deemed necess~ry for
investi~ation of the background of; the owner
of any Sexually oriented Business.:
No person shall be eligible, and no bu~iness shall
be eligible, to obtain a Special Use ?~rmit for a
Sexually Oriented Business if any prinpipal, stock-
holders, or ot.her inte:t"ested party hll.viry~ an interest
in the business has ever baen convicte~ of a~y type
of felony, or has ever been convicted ~f any.~ype of
9~oSS mi5demeanor or miSdemeanor involfing a sexual
of tense Or illegal sale of liquor, tob~eco or other
llla.terials to minors. :
i. Alcohol and Drugs. No Sexually ori~. ted BUliiness
Shall permit on the premises any alcoh lie beverage
or other mood altering substances. 0 ers of all
Sexually oriented Businesses shall makf concerned
efforts to prohibit any illicit: or illegiiil activities
from tsking place upon their premises, ~ncluding the
illegal sale, use or distribution of atcohol or
controlled substances, or acts of prosfitution or
criminal sexual conduct ot any kind. '
j. Revocation. All Special Use Permi t~ for Sexu .'
oriented Businesses shall be sUbject t~ revocation
under the procedures established for r~vocation of
special Use permits in Section 32 Of thf Spring Lake
Park City Code, for any violation of a y term or
condition of the Special Use Permit. urtha, , upon
the revocation of a Special Use permitifor II
violation, the premises Where such II v olation
occurred shall not be eligible for ano her Special
Use Permit for a Sex~ally oriented eus ness for II
periOd of ten (10) years following SUCf revocation.
k. other Codes. All Sexually oriente Businesses
shall strictly observe the conditions f all state,
fire, health, and building codes. All cuildings
housing Sexually oriented Businesses s~all be
completely sprinkled with an approved ffre detection
and sprinJcler system. !
1. Consumable!>. No Sexually Oriented aj.lsiness :shall
engage in the sale or distribution of ,ny item for
human oonsumption, and no Sexually Oriepted Business
shall be eligible tor any vendinq machipe license of
any kind. :
m. Violations of tAw. The Special usef;ermit of any
Sexually Oriented Buginess shall be au jeet to
reVocation in the event any employee,wnet',
interested principal or agent ot the b~sines6 i
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MA~-e4-a2 11:~4 AM P.~6
con~icted of any of the tollowinq er1~es'on mote
than one occasion within any calendar r.$r. or on
three occasions within any 10 year per1od:
1 . Pros"1 tut ion. ;
2. Sale of any material, device. oriitem to
any minor whiCh i5 prohibitea by state law.
3. Trafficking in control19a sublta~ces
inoludinq ~h. use, possession, or distribution
thereof. .
4. Any .ex crime as defined in Minn~sota
statutes Sections 609.283 to S09.352,inclusive,
and IIny amendments thereto. .
(2) Conditions Common to Bookstores.
a. Windows. All bookstores shall be completely
surrounded on the exterior walls by trarlsparent
windows which shall not be covered in any manner.
Windows sha~~ be at least four (4) feet ~n height,
and the in~erior Of the premises shall ~e
illuminated at all times d~rin~ regular.business
hours. Windows shall not be tinted and.shall be
specifically designed end aligned $0 as.to permit
the observance from the o~t$ide of patrQns and
employees on the inside. '
b. aooths. No private booths of any kind Will be
allowed within the bookstore, exceptinq'a private
business office for use only by store e~ployees.
All other areas of bOOKstores at all tim~$ Shall be
open and acoessible.
c. Parking. Each bookstore shall provide one
parking stall for every 10 square feet of retail
floor space located in the bookstore.
(3) Conditions Common to Theaters.
a. Parking. One parking stall shall be provided
for every 10 square feet, ae measured at the founda-
tion laval, of the building housing the theater, or
one space per seat allocated tor patron seating,
whichever tigure is greater. .
b. Obscenity. for any thellter offering live
entertainment, the fOllowing aotivitiesare
hereby denied as obscene and shall be p~ohibited:
1. Actual or sinulated sexual intercourse,
oral copulation, anal intercourse, ~ral-anal
copUlation, bestiality, direct phYsical stimu-
lation of unclothed genitals, flagellation or
torture in thCl contaxt ot a $exu.al relationship,
or the use of excretery functions in the context
of a sexual relationship IInd any of the
following sexually oriented acts oroonduct:
anilingus, b~gqery, coprophagy, coprophilia,
cunnilingus, feliatio, necrophilia, 'pederasty,
pedophilia, pique~rism, sapphie~, zooerastia.
2. Clearly depioted human qenitals in the state
or sexual stimulation, arousal or t~m.sc.nce.
3. Use of human or animal 8jaculatipn, sodomy,
oral copulation, coitus, or mastur~.tion.
". Fondling or touohing or nude I1Ul11.ail genitals,
pUbic region, buttocks or female breast.
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MAR-04-e2 11:~~ AM
- ----.,
P.07
e. situations involving a person or persons,
any ot whom are nude, c1a4 in undergarments, or
in sexually revealing costumes, end wbo are
enqaqea in activities involving the flaqella-
tion, torture, tettering, binding, or other
physical restraining of suoh per.ens.
6. Erotic or lewd toucninq, fondlinq or other
sexually oriented contact with an animal by a
human being.
7. Human excretion, urination, menstruation.
vaginal or anal irrigation.
Conditions Common to ~arlors.
a. Enclosures. No privata booths or enclosed areas
shall be permitted in any parlor or any sauna havinq
a steam bath facility; any such steam bath Shall be
completely surrounded by transparent windows, to
permit observation of all areas within suoh stearn
baths trom the outside. A massage parlor or sauna
may provide tor separate enclosed areas where
members of the same sex may be shiel~ed trom view
trom members of the opposite sex, but for no other
purposes.
b. Obscenity. No pereon shall engage in ilny of the
acts described in Section 66C.OJ(b)(3)b above,
publicly or in private, for re~uneration or no
remuneration, in any parlor.
Additional Conditions.
The City counoil, upon recommendation of its
Planning Commission, may make or propose such other
conditions and restrictions on Sexually Oriente~
Businesses as the City Council deems trom time
time eo be appropriate, where such restrictions ~r
regulations are designed to protect the general
health, safety and welfare of the public.
66C.04 Miscellaneous.
(a) Severability. The provisions of this Code rela~ing to
Sexually Oriented Businesses shall in all respects be
severable, suoh that should any prOVision hereof be fo~nd
~nconstitutional or otherwise unenforceable by any Court of
competent jurisdiction, such a finding shall affect only the
portion found to be unconstitutional or unenforceable.
(b) Initial Investigation Fee. In addition to t~e annual
permit fee required by Section eSC.Q3(b)lh above, at the time
of initial applioation for a Spacial Cse Permit, an initial
inv~~tlgation fee &hall be charged, in an amount to be estab-
lished from time to time by resolution of the City Council.
( 4)
(5 )
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