HomeMy WebLinkAbout2002-03-12 P& Z Agenda
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PLANNING AND ZONING COMMITTEE
MEETING AGENDA
TUESDAY, MARCH 12, 2002
6:30 p.m.
I. CALL TO ORDER
1. Roll Call
II. PUBLIC HEARING (S)
III. APPEARANCES
IV. OLD BUSINESS
V. NEW BUSINESS
1. Proposed Ordinance #68 - Regulating the Surface Use of Motorized Watercraft
on Peltier Lltke
2. Ordinance #61 - Adult Establishments (City of Centerville's)
a. City ofLakeville wI Application Form
b. City of Forest Lake wi Application Form
c. City ofBloornington
d. City of Ham Lake
e. City of Little Canada wI Application Forms
f. City ofMinnetonka w/Application Form
g. City ofLino Lakes
h. City of Circle Pines
i. City of Cosmos
3. Liquor/Tobacco Work Session Update
VI. DISCUSSION ITEMS
1. Right-of-Way Ordinance
VII. CONSIDERATION OF MINUTES
1. February 5, 2002 Planning and Zoning Meeting Minutes
VIII. ADJOURNMENT
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tervi{{e
'Lsta6(is/iei 11157
PLANNING AND ZONING COMMITTEE
MEETING AGENDA
TtnESDAY,~AJiCIl12,2002
6:30 p.m.
I. CALL TO ORDER
1. Roll Call
II. PUBLIC HEARING (S)
III. APPEARANCES
IV. OLD BUSINESS
V. NEW BUSINESS
1. Proposed Ordinance #68 - Regulating the Surface Use of Motorized Watercraft
on Peltier Lake
2. Ordinance #61 - Adult Establishments (City ofCenterville's)
a. City ofLakeville w/Application Form
b. City of Forest Lake w/Application Form
c. City of Bloomington
d. City of Ham Lake
e. City of Little Canada wi Application Fonns
f. City ofMinnetonka wi Application Form
g. City ofLino Lakes
h. City of Circle Pines
i. City of Cosmos
3. LiquorfTobacco Work Session Update
VI. DISCUSSION ITEMS
1. Right-of-Way Ordinance
VII. CONSIDERATION OF MINUTES
L February 5,2002 Planning and Zoning Meeting Minutes
VIII. ADJOURNMENT
erviCCe
PLANNING AND ZONING COMMITTEE
MEETING AGENDA
TUESDAY, MARCH 5, 2002
6:30 p.m.
I. CALL TO ORDER
1. Roll Call (,
I, . ! .'19-
II. PUBLIC HEARING (S) ,I /(1
I.
III. APPEARANCES
IV. OLD BUSINESS
V. NEW BUSINESS
1. Proposed Ordinance #68 - Regulating the Surface Use of Motorized Watercraft
on Peltier Lake
2. Ordinance #61 - Adult Establishments (City ofCenterville's)
a. City ofLakeville w/Application Form
b. City of Forest Lake wi Application Form
c. City of Bloomington
d. City ofHarn Lake
e. City of Little Canada wi Application Forms
f. City of Minnetonka w/Application Form
g. City ofLino Lakes
h. City of Circle Pines
i. City of Cosmos
3. Liquorrrobacco Work Session Update
VI. DISCUSSION ITEMS
1. Right-of-Way Ordinance
VII. CONSIDERATION OF MINUTES
1. February 5, 2002 Planning and Zoning Meeting Minutes
VIII. ADJOURNMENT
'Esta6{isfiel1857
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 ofthe 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/B Wed. Introduce topic to Centerville Council
2/20 Wed. Worksession with Lino Lakes
2/25 Mon. Lino Lakes Council Meeting
~ 315 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.
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #68
AN ORDINANCE REGULATING THE SURFACE USE OF MOTORIZED
WATERCRAFT ON PELTIER LAKE.
Be it ordained and enacted by the City Council of Centerville, State of Minnesota, that
these amendments following, by this act, hereby replace and nullify those like numbered
clauses now existing and a part of Centerville Ordinance #68, or are newly enacted
sections which, upon their enactment, become part of Centerville Ordinance #68.
Section 1: PURPOSE, INTENT AND APPLICATION: As authorized by Minnesota
Statutes 86B.201.86B205, and 459.20, AND Minnesota Rules 6110.3000-6110.3800 as
now in effect and as hereafter amended, this Ordinance is enacted for the purpose and
with the intent to control and regulate the use of the water of Lake Peltier in Anoka
County Minnesota, said body of water being located within the boundaries of the City of
Centerville and City of Lino Lakes, to promote its fullest use and enjoyment by the public
in general; to insure safety for persons and property in connection with the use of said
waters, to minimize adverse impact on natural resources, to harmonize and integrate the
varying uses of said waters, and to promote the general health, safety and welfare of the
citizens of Centerville, Minnesota.
Section 2: DEFINITIONS: Terms used in this ordinance related to boating are defined
in M.S.86B.005.
Section 3: SURFACE ZONING OF PELTIER LAKE BY RESTRICTING SPEEDS
AND AREAS OF ACTIVITY:
(a) Slow no-wake speed 24 hours per day all year in an area to the North
of the Southern section lines of Section 10 and 11 of Township 31 N
Range 22W starting at the southern boundary of Rehbeins Peltier View
Subdivision ofLino Lakes will be enforced.
Section 4: ENFORCEMENT: The Primary responsibility for enforcement of this
ordinance shall rest with the Anoka County Sheriff s Department and the Centerville
Police Department. This, however, shall not preclude enforcement by other licensed
peace officers.
Section 5: EXCEPTIONS: All authorized Resource Management, Emergency and
Enforcement Personnel, while acting in the performance of their assigned duties, are
exempt from the foregoing restrictions.
,
Section 6: NOTIFICATION: It shall be the responsibility of the Anoka County Parks
and Recreation Department to provide for adequate notification of the public, which shall
include placement of a sign at each public watercraft access outlining essential elements
of the ordinance, as well as the placement of necessary buoys and signs.
Section 7: PENALTIES: Any person who shall violate any of the provisions of this
Ordinance shall be guilty of a misdemeanor with a fine of
Section 8: EFFECTIVE DATE: This Ordinance shall be in effect from and after the
date of its passage and publication.
Passed by the City Council of Centerville on this _ day of
,2002.
Mayor, Tim Swedberg
City Clerk, Teresa Bender
tervi[{e
'Estab(~\fied 18.57
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 ofLino Lake and Centerville have been asked by concerned Jake 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 COWlCil has scheduled
opportunities for public input ofthis 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.
Medin!!: 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. EnviromnentaJ Committee meeting
~ 2/13 Wed. Introduce topic to Centerville Council
2/20 Wed. Worksession with Lino Lakes
2n5Mon. LinoLakesCouncilMeming
· 3/5 Tues. Introduce proposed Ordinance at Centerville Planning and Zoning Meming
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
· 3n7 Wed. Second Public Input at CenterviJle Council Meeting; vote to be taken
· 4/27 Sat. Ordinance becomes effective
· Centerville meeting dates
*Minnesota Statutes requires public hearings to be noticed fur ten business days when the
public hearing is for zoning and planning issues, local improvements, Boards of Review
and special assessments.
.
To Whom It May Concern:
February 7, 2002
I am very concerned for the unique environment and wildlife in Peltier Lake and r am concerned for the
hundreds of users of the Lake.
In 1998, 2 individuals got a pennit from the sheriff and constructed a slalom water-ski COUl'se in a sensitive part
of Peltier Lake just north of the island right next to the Heron rookery containing roughly 800 birds. At the end
of the year bird populations seemed down and there was great concern. A meeting with lakeshore owners, the
DNR, Anoka Parks, the city oiLino Lakes, the city of Centerville, and the Anoka sheriff was held on April 27,
1999, and an agreement was reached that there would be no water-skiing in the sensitive area near the Heron
rookery (see meeting minutes in appendix). Some expressed the desire for no formal regulation. On July 7,
2001, I saw these same 2 individuals using a "secret" slalom water-ski course again in exactly the same place
they were supposed to avoid. They had it rigged so it sunk when they weren't using it so nobody else could see
it or use it. They were both at the meeting in 1999. When I approached them while they wen: using it with my
concem, they said they "didn't agree to anything" and they "could do anything they want." The slalom course
tamed out to be illegal because they did not have a pennit to keep it in the water overnight. It is crystal clear to
me that "informal agreements" do NOT work. If the Heron rookery and the sensitive environment in that area is
to be preserved, local formal protection and regulation is required this year. Even if these 2 individuals quit their
activities, there is always the potential for anyone from anywhere to come in and do the same or worse. The
rookery has failed two years in a row and the roughly 800 birds may decide they have had enough and they will
never return.
In addition, mostly coontail and other beneficial
aquatic plants were uprooted by their powerful
boats as they cleared a way for their course
causing environmental damage that can easily
be seen from an aerial photo (See figure at left,
the dashed line indicates the path of the course.
The counterclockwise curl at the end of the
dashed line on the right shows their turn
around). The lake is only 3 to 5 feet deep in
that area and I believe huge amounts of silt
were put in suspension by their downward
thrusting heavy V8 inboard water-ski boats.
,i The fall of 200 1 gave Peltier Lake perhaps the
worst water quality I have seen in my 22 years
. on the lake and I suspect it could be due to the
environmental disregard demonstrated by these
two individuals. I have never seen before large
floating mats of coontail aquatic plants in
rnidlake or seen so many wash ashore like they
did in August (see pictures in the appendix).
After the sheriff finally made them remove the
illegal slalom water-ski course, they continued
to set up the course in the same location. Later,
the sheriff apparently gave them a permit. Later
they moved into at least 2 different main parts
of the Lake south of the island causing hardship
and restricting others from full use of Peltier
Lake. I saw fisherman and other boats forced to
go around the slalom water-ski course they established. They essentially cordoned off their own huge private
area in what is supposed to be a public resource.
Ime background on Minnesota law and slalom water-ski courses is in order. A slalom water-ski course
, sists of22 to 28 buoys with lines and anchors. When in use it has an impact of about 2,300 Jeet by 400 feet.
at is, everyone else must give way to one boat that controls the area. When not in use, the course is about 830 feet by 100 feet and with its buoys underwater tloats, lines and anchors, fishing is virtually impossible (see
details presented later). Current l\i1innesota law allows anyone from anywhere to setup such a course anywhere
on most lakes, use it all day, and as long as it is removed by nightfall, no permit is required. This can be done
every day of the year. To prevent this requires a joint powers agreement and ordinance from both Lino Lakes
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and Centerville. To keep a course setup overnight, a pennit from the sheriff is required. In a meeting January
23, 2002, the DNR, Anoka Parks and others expressed concern for the rookery and did not want slalom water-
ski activity next to the rookery. However, the sheriff attending that meeting said there is no regulation against it,
so he would issue a permit if asked. Again, if the rookery is to be protected, local formal regulation is required.
In addition, the normal users of Peltier Lake need protection. The main part of Peltier Lake is about 2,000 feet
by 4,000 feet. A slalom water-ski course has the effect of privately reserving for one boat, an area roughly 2,300
feet by 400 feet. In my opinion, Peltier Lake is so small, and so heavily used by fisherman and other boaters,
that reserving practically 12 of the fishing area of the entire lalce for one boat should not be allowed - not even
tor even IS minutes. An exception, given a public hearing with adequate public leedback might permit the setup
of such a course for a special, one time, event, but giving one person exclusive private use of 2,3 00 feet by 400
feet of public lalce any time they want is ridiculous.
All indications are that an entire species, the unique and uncommon Black-crowned Night Heron, has
completely vanished since 1998, which exactly coincides with the start of slalom water-ski activity next to the
rookery. To me, this is not a coincidence. After foraging at night, Blaclc-crowned Night Herons come back to
roost dwing the daytime (not nighttime like many other birds) and are extremely vulnerable to daytime
disturbance which is what would happen with a slalom water-ski course next to the rookery. An entire species
being wiped out from the rookery is very disturbing to me.
Summary - A Solution
I recommend protection with local regulation something like as tollows (see also the map in the appendix):
I. At the island and north, establish a 110 walce zone. (This prevents fast boats fi'om disturbing the rookery
and preserves the sensitive environment.) Authority: City of Li110 Lakes and CenterviIle.
2. The activity of skiing in slalom water-ski courses is not allowed anywhere on Peltier Lalce. (This
protects all users of the lake.) Authority: City ofLino Lakes and Centerville.
3. Permits for slalom water-ski courses should not be issued. (With #2, this is not needed. However,
without #2, tIus would go along way toward opening the lalce for other users as the floats, lines, and
anchors might occasionally be removed so someone else could use the area. Realize, the course could
still be setup every day all year still reserving the area. That is why #2 is needed.) Authority: Sheriff.
4. At least one public hearing should be required to grant exemptions to any of the ordinance. (This is the
best way to inform the commwlity and obtain feedback from all the users of the resource to coordinate a
one-time event, for example.) Authority: City ofLino Lalces and Centervme.
S. The island should be posted as a bird sanctuary with no trespassing. Signs should be added at the boat
launch, and buoys, markers, and other signs should be located by the island. Authority: Anoka County
ParIes.
[ hope the various governments pull together and suppmt an action that will help restore and protect the Heroll
rookery, restore equal access tor everyone to the Peltier Lalce resource, and preserve and protect the
environment from damage.
Details - Mv Backl!round
I've lived on Peltier Lake since 1979. In 1989, I started the Peltier Lake Association. Hexe are some of the
accomplishments:
.. Worked lalce level issues when St Paul Water pWllped Centerville and Peltier Lalce down 6 teet in 1988,
.. Participated on the Rice Creek Watershed District (RCWD) Citizen Advisory Committee for 3 years and
learned much about watersheds.
.. Began a roughly 4 year Curlyleaf Pondweed harvesting d'tort tor Peltier Lake in 1989.
.. Motivated RCWD to implement a $90,000 Cleanwater Partnership water quality study for the Centerville
and Peltier Lake watershed in 1990.
~ Worked darn level issues as landowners upstream wanted the dam removed and/or lake levels dropped over
winter.
.. Monitor Peltier Lake water quality lor tile Metropolitan Council" started in 1989. .
, Launched an eftort to manually dig out recently discovered Eurasian Watermiltoil in Peltiel' Lake in the fall
of2000.
· In 200 I, lound $5,000 in RCWD grallt money to help harvest and attempt to control the exotic Curlyleaf
Pondweed in Peltier Lalce soutIl of the island.
· Voted Citizen of the Year for Centervillt: tor the year 2000.
· Participate in the Centerville Park and Recreation Committee and advocate community trails.
I'm afraid that virtually everything I've worked tor in trying to preserve and improve Peltier Lake is in
jeopardy.
Details - The Rool,erv
Peltier Lake contains a large wilde11less island that used to be home to Blade-crowned Night H<:rons and a larue
number of Great Blue Herons, Great Egrets, and other birds. The shoreline areas of the lake to the north, east, 0
and west of this isl.md are also essentially wilderness. People rarely .frequent these areas because the waters
there are only 3 to 5 teet deep with a loose silty mud bottom and the area is packed with mostly beneficial
aquatic plants. It is an ideal rookery. [ believe it has been there a long long time.
On July 7, the day [encOlmtered the slalom wate1'-ski course in use north of the island, [did not see any Herons
or Egrets north, east, or south of the island (I could not see west of the island). On July 8, the course was again
in heavy use. On July 25, r did a caretul survey and could not tind any Herons or Egrets anywhere on Peltier
Lake west, SOUdl, or east of dIe island. The Herons and Egrets seemed essentially gone for the season. There
may be some here and there but for 22 years previous to 1998, I have always seen Great Blue Herons, Great
Egrets, and Blade-crowned Night Herons from my house from spring to fall essentially every day. TIley land on
the dock or tIy to the delta at Clearwater creek about y.; mile away from my house. From my house since July 7,
! did not seen any Black-crowed Night Herons, Great Egrets, or Great Blue Herons for at least 3 weeks. Most
significant, however, the Blade-crowned Night Herons disappeared 3 years ago, exactly corresponding to the
establishment of the first slalom water ski course. Whenever r have gone behind the island by the rookery, r
notice tllat they ate disturbed and flyaway. To me, it is quite clear that the activity of the slalom water-ski
course disturbed the birds.
TIle summer of 2000 also saw abandOlmlent of the rookery sometime in June. The DNR estimates that between
, ,000 and 2,000 chicks died when the adults abandoned the rookery. r believe there are two possibilities. It
ight have been the I35W road reconstruction, but it could easily have been slalom water-ski activity. In 200 I,
..he slalom water-ski course was coneealed and difficult to see. [n 2000, it could well have been setup and in
heavy use and no one noticed. r would like to know if anyone saw dle use of a slalom water-ski course north of
the island in 2000. That area is not easy to see trom the main part of the lake (which is why the birds like it).
North, east and west of the island, most vegetation consists of native beneficial aquatic plants such as coontail.
An image showing the course cut through these aquatic plants is available to anyone via www.1l1aPQuest.com.
Type in "Peltier Lake" with zip code 55038, pick one of the results and recenter upward (nordlward) to the top
of the island. Click on the "Aerial Photo" tab. Right click it and do a "save as" and lighten the image to better
see the track. The ski track is almost horizontal just north of the island angled slightly upward (see dashed line
in the image on page 1) and the right hand end has a counter clockwise curl where the ski boats turn around.
Details - Slalom Water-sId Course [mPlIct
Almost everyone on the lake lives south of the island with the western shore belonging to Anoka County Parks.
The area south of the island is narrow and small.
ReIer to the map of Peltier Lake with a slalom water ski cow'se drawn to scale. !n the eenter, is the course (with
its 22 buoys) and two turnaround ends (which could optionally contain another 6 buoys). Surrounding it all is a
buffer of 150 feet. The total estimated impact tootprint for a course with a short turn around is about 2,300 teet
by 400 feet and for a course with a long turn arOlUld, 2,500 teet by 400 teet (course data from www.iwsf.com).
The geography of Peltier Lake does not allow for easy placement of a course without severely hampering other
users of the take. People tend to tish in a trolling circle around the lalee soudt ot' the island right through the
areas where the two vertical courses are shown. With a slalom water-ski course on either the east or west side of
ihllee, the fishing area is essentially reduced by almost half Because Peltier Lake is long and narrow instead
rcular, the placement of a slalom water ski course ,lllywhere dramatically atfeets the ability of others to use
, ake.
There lS no reason relativdy small Peltier Lake should dedieate :'.300 teet by 400 teet to such a resource
hogging specialized activity tor one boat.
[n the spring of 1999, [ w;u; canoeing ill.ound the island when
r discovered a tloat just under the surface. I pulled it up and
saw it appeared to be part of the slalom water-ski course from
[998. I looked around and saw another, then another. That's
when I stopped looking. I don't know how many more were
there. Permits do not extend through the winter. All material
must be removed from the lake. In August of 200 I, [ watched
them take down their course in the main pmi of the lake in
the evening. [n every c;u;e I observed, they only removed the
top float. They left all the other apparatus in the water
overnight (which is illegal without a permit, but perhaps they
had a permit). They set their course up in the only place
where [ have ever caught a walleye in the lake. With all kinds
of lines, concrete blocks and who knows what down there, I
wouldn't go fishing there. And even if they had a slalom
water-ski course that sunk when not in use, there would be
perhaps a 1,000 teet of hose, other lines and apparatus under water so you couldn't fish there.
Estimated Slalom Water Ski Course Impacts
On Peltier Lake
Slalom-watof ski cOllfse ~ize to s~le
I' "our" i I I ;51~'.~"~~'Ul1d.
Sm:nJlast vl}(sion afofficia!
slalom water ski ~Clurse
about 2,300 .~ 400'
North
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There are altemati ves tor those who want a slalom water-ski
course. Goose Lake, just south of White Bear Lake, has a
permanent slalom water-ski course installation. Just across
the road, on adjacent Centerville Lake, there is a water ski
club that perfOlIDs at least weekly. They already regularly
obtain a permit tor a water ski jump and perhaps this club is
also interested in a slalom water-ski course in the same rough
area. Centerville Lake is much bigger in its usable area.
As boating pressures continue to in~'fease in the future it will
be even more important to be careful that everyone ha~ equal
access to lake resources. Not permitting slalom water-ski
courses just ensures that everyone can fish, boat, and water
ski with equal access to the Peltier Lake resource. It also
helps ensure protection of the rookery.
Oetails - BehaviOl' Observed
It may also serve some perspective to describl:) some observed
behavior ofthe two individuals involved.
One family is apptu.ently quite insistent on their occupation of public waters. Perb.aps they heard about my
concern for the rookery. On July 10, I w;u; visited by a husband and wite who rudely threatened me with a
lawsuit saying r was somehow denying them the tight of their disabled child to ski the slalom course, or
something like that. They said the ADA was going to get me. They said they were going to sue the Peltier Lake
Association for nunlerous offences. I said I wanted everything in writing. I never got anything. An attorney told
me this is not an ADA issue.
Regarding thl:) oth<::r person, all the years lle had his current boat on Peltier Lal(e, lle apparently felt no need to
license it. It wasn't until DNR and other vehicles started showing up that he finally got a license lor his boat in
July. I have seen him drive his boat light next to fishermen when the whole lake was clear. I was fishing once
myself when he drove by within 50 feet pulling a skier. He happened to come back near us and my daughter
called out to him, "Can't you see we're fishing here'?" He said, "There aren't any tlsh there." I said, "No, not
an}'lnore. "
My opinion is that the behavior ofthes<:: two individuals should not be rewarded by reserving 2,300 teet of .
Peltier Lake tor their ptivate LISe. Sttict enforcement of new clear regulations as described betore are required to
protect the Heron rookery, the environment, and nonnal users of the lake.
Conclusion
I'd like to see Peltier Lake given back to Black-crowned Night Herons, the Great Egrets, and Great Blue
Herons. 1'd like to see that tishermen, simple water skiers, sailors, canoeists, and other boaters have equal
access to the Peltier Lake resource. The resources of Peltier Lake need local formal protection. This is a unique
situation with its rookery and relatively small size and requires unique regulation. The impact of a fishing boat
or even a single water ski boat with skier is negli!,rible compared with the 2,300 foot by 400 toot monster foot
print of a slalom water-ski course. Here are the main points again (ii'om "A Solution" above):
I. At the islmld and north, establish a no wake zone. (This prevents fast boats from disturbing the rookery
and preserves the sensitive environment.) Authority: City ofLino Lakes and Centerville.
2. The activity of skiing in slalom water-ski courses is not allowed anywhere on Peltier Lake. (This
protects all users of the lake.) Authority: City of Lino Lakes and CenterviIle.
3. Permits for slalom water-ski courses should not be issued. (With #2. this is not needed. However,
without #2, this would go along way toward opening the lake tor other users as thetloats, lines, and
anchors might occasionally be removed so someone else could use the area. Realize, the course could
still be setup every day all year still reserving the area. That is why #2 is needed.) Authority: Sheriff
4, At least one public hearing should be required to grant exemptions to any of the ordinmlce. (Tlus is the
best way to inform the community mld obtain feedback from all the users of the resow'ce to coordinate a
one-time event, for eXal11ple.) Authority: City of Lino Lakes und CentervilJe.
5. The island should be posted as a bird sanctuary with no trespassing. Signs should be added at the boat
launch, and buoys, markers, and other signs should be located by the island. Authority: Anoka County
Parks.
Thank you.
Wayne LeBlanc
.
Appendix
Aerial photo taken July 23, 200 I north of island.
Swirl in lower center is turn around.
July 8, 2001 north ofisland.
August 4, 2001. Slalom course north of island.
Setting up course north of island, AU!:,'llSt 4, 200 I.
August, 2001. Course in main part oflake (south of the island).
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Rotting coontail, August 20001
Bad water quality, August 2001.
..-...
Proposed Ordinance
for Peltier Lake
sland
Rookery
t North
1000 Feet
No Wake Zone
Above This Line
- - - -
No Skiing on Slalom
Water-ski Courses
On I?eltier Lake
Designate Island
a Bird Scantuary
No Trespassing
Anoka County
Department of Parks & Recreation
John K. vbnDeLinde
Director
550 Bunker L~kc Boulevard NW . Andover. Minoe"'lu 55304
Telephone)6./-'2) 757-3920 . FAX (612) 755-0230
7",3
May 4, 1999
Wayne LeBlanc
Peltier Lake Association
1677 Peltier Lake Drive
Centerville, Minnesota 55038
Dear Wayne:
Thank you for setting up the meeting with the Peltier Lake Association April 27. The turnout
was exceptional. Everyone's comments were heard and they provided valuable background on
the use of the lake and the history behind the development of the lakeshore. There is obvious
passion for the lake and a strong desire to keep a sense of community.
Anoka County Parks and Recreation appreciates being a part of the meeting. As everyone is
aware, Anoka County is a major landowner along Peltier Lake. We would also be glad to be a
part of any future meetings. The st. Paul Waterworks is also a landowner on the lake.
Everyone connected to the lake has an interest in issues that apply.
This note is meant to provide a review of the decisions made at the April 27 meeting. The
consensus was to try the following options:
1. Voluntarily keep any water skiing to the main body of the lake south of the
island. There was agreement to avoid skiing in the area north of the island.
The request is to keep fast moving boats at least 500 feet from the island.
2. Anoka County Parks and Recreation will work with the water skiing sub-
committee to educate the general public in regards to the valuable natural
resource the northern third of the lake provides and the importance of limiting
any fast-moving water activity in that area. Initially, signs will be placed at the
public access to inform and educate. Signs will also be placed on the island
shoreline declaring the area as a bird sanctuary.
3. Mayor Kim Sullivan, of L1no Lakes, will approach the sea plane operation in order
to educate the business about the heron rookery and the need to avoid the
area from a safety perspective for both the planes and the birds.
Affirmative Action I Equal Opportunity Employer
4. The Department of Natural Resources will monitor the rookery and the behavior
of the variety of nesting birds. Lakeshore owners will also monitor lake use and
rookery activity. Perhaps this fall or winter all parties cim reconvene to discuss
their findings.
The residents gathered that evening seem very genuine about working together to allow
everyone the opportunity to enjoy the beauty of the natural resources in and around Peltier
Lake. Hopefully, they have a better understanding of the rookery and the importance of
preserving the habitat needed to support the wildlife. Thank you again for organizing this
meeting and for guiding the discussion. Please feel free to contact us with any further
information about the water ski sub-committee. Let's hope for a wonderful summer season.
Sincerely,
C:;j?~~7r I
Jon Oyanagi /
Park Operations Manager
cc: Kim Sullivan, Mayor, City of Lino Lakes
Jim March, City Administrator, City of Centerville
Bruce Andersohn, Anoka County Sheriff
Jeff Perry, Natural Resource Specialist
John VonDeUnde, Director of Parks and Recreation
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January 23,2002
James Ford Bell Mus-Bum of Natural History
College of Natural Resou.rces
10 Church Street S.e.
Minneapolis, MN 55455-0104
612-624-7083
Fax: 612-626-7704
Joan G-dlli
Non-Game Wildlife Specialist
1200 Warner Road
St. Paul, MN 55106
Dear Joan,
Thank you for inviting me to today's meeting. I'm sorry thac r had to leave before
the meeting concluded but I had a meeting back on campus for which I couldn't be late.
Perhaps you wilJ find the following hasty summary of my thoughts after the meeting
helpful in thinking about next steps.
We spent a great deal of time talking about water skiing but 1 think we would be
wise to keep other possible explanations in mind. The following are nine alternatives,
presented in alphabetic order, and my assessment of the likelihood that each is the
primary cause of abandonment. Importantly, I've suggested steps that could be taken to
either eliminate each potential cause or at least to obtain data that would help us to
determine whether each alternative might be contributing to the heron! egret
abandonment. To maximize the probability of successfully maintaining this colony now,
and to maximize our ability to prevent colony abandonment in the future, we should
seriously consider all of these possibilities.
It is likely that someone will suggest that there is insufficient evidence to identifY
the primary cause of abandonment and that no restriction on lake use should be imposed
until such time as we have conclusive data. I would suggest that we used that philosophy
in 2001 with the result that once again there was no successful breeding in this colony.
Given the status of this colony as one of the largest, of a relatively small number of metro
area colonies, this is a matter of great concern for the entire north metro area. For the
health ohhe metro area ecosystem we cannot afford to wait another year for all the
necessary data to be obtained before we act. We must make an educated guess and take
action.
In my opinion, the most likely explanation is that the colony has been abandoned
due to direct human influence in the form of human disturbance (noise and physical
presence) in close proximity to the colony. We should work with the community to
encourage the adoption of a no-wake zone north of the bog poles.
-~
d/Yj
t/.
o M. Lanyon, Ph.D
, irector, Bell Museum of NaturaJ History
Professor, Dept. of Ecology, Evolution, and
Behavior
~~
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POSSIBLE EXPLANATION OF COLONY
ABANDONMENT
HYPOTHESIS #1 Disease
ASSESSMENT - To my knowledge there is no evidence of any massive die off.
However, that does not preclude the possibility that the birds are getting sick
during the early part of the breeding season and that this causes them to
abandon. 1 judge this as highly unlikely.
ACTION PLAN - We should probably be on the look out around the metro
area for heron and egret carcasses. They could he evaluated for pesticide
levels, West Nile virus, etc... We could attempt to capture adults (away from the
colony would be best) and take blood samples to investigate healtlL lf this is the
cause of colony abandonment then examination of only a jew individuals should
be sufficient.
HYPOTHESIS #2 Eagle Presence
ASSESSMENT - To date there is no direct evidence that tlzi~' is a problem
either at this colony or in !vIinnesota generally. Investigation of the Eagle Ilest
this past year revealed no evidence of eagle predation on herons and egrets.
However, in other regions of the country there are records of colony
abandonment as a result of Eagle activity.
ACTION PLAN- Make observations of Eagles around the island to determine
whether there are any negative interactions between the species. Examination of
nest contents for evidence of eaglepredation on herons and egrets would be good
to do again this year.
HYPOTHESIS #3 Food quantity/quality
ASSESSMENT - Foodfor herons and egrets is unlikely to be a limiting resource
in the Chain oj Lakes Park region. However, it is possible that the quality of that
jood has changed without our knowledge.
ACTION PLAN - We could attempllo capture adults (away from the colony
would be best) and examine body weight and blood chemistry to document
individual health. lf this is the cause oj colony abandonment then examination of
only a few individuals should be sufficient.
HYPOTHESIS #4 Health of nest trees
ASSESSMENT - We didn 'I discuss this at all and f 've never been on the island
However, it is hardfor me to imagine how .this could resu.lt in the abandonment of
the entire colony.
ACTION PLAN - We could monitor tree health (could be correlated with the
risk oj nest destruction due to branch breakage) and density of canopy cover
(could be correlated with risk ojpredation).
HYPOTHESIS #5 Human Disturbance (other than noise)
ASSESSMENT -It is possible that noise is not much of an issue bu.t that there is
a sufficiently high level oj human dislurbance (e.g., speed boats, canoes, people
walking on the island, people fishing) that the herons and egrets have abandoned
the island I don't think we have enough infonnalion on level of human
disturbance to evaluate how likely this explanation might be.
ACTION PLAN - Monitor human use oj the island and adjacent waters. Limit
use until more evidence is in hand
HYPOTHESIS #6 Inmlequate quantity and/or quality of nesting material
ASSESSMENT - It appears likely that this could be a limiting resource for the
colony. ij' nest material is in short supply, herons and egrets may be forced to
select materials of lower quality. Nests built with low quality materials mqy be
more prone to destruction. However, it is hardfor me to imagine circumstances
under which this would lead to a mass abandonment of a colony.
ACTION PLAN - Augment the environment with appropriate nest construction
materials early in the season (April) and document whether, and to what extent,
the herons and egrets make use of this resource.
HYPOTHESIS #7 Noise Disturbance - 35 W construction
ASSESSMENT - It remains possible that the noise associated with this
construction project was partially or even completely responsible for the
abandonment of the colony in 2000. However, it clearly cannot be the primary
cause of abandonment in 2001.
ACTION PLAN - Inform the Minnesota Department of Transportation and
other offices of the location of concentrations of sensitive wildlife (e.g., colonial
waterbird breeding colonies) and provide advice regarding steps they could take
to minimize disturbance to the colony (most notably avoiding construction during
the time when birds have eggs and nestlings).
HYPOTHESIS #8 Noise Disturbance - motor boats close to the island
ASSESSMENT -1t appears likely that this could result in sufficient disturbance
to cause a mass abandonment of this colony although we lack information on the
timing and intensity of this activity.
ACTION PLAN - Nfaintain a no-wake zone north of the bog poles. Have a
discussion with the community asking them to restrict their high speed activities
to the area south of the hog poles. We should also post the community decision,
to maintain a no wake zone north of the bog poles, on the poles themselves to
ensure that visitors to the lake are aware of this goal.
HYPOTHESIS #9 Weather
ASSESSMENT - A violent storm that destroys nests is often the cause of mass
abandonment in colonies. However, there is no evidence of such a storm and/or
ojmass nest destruction in this colony in 2000 and 2001.
ACTION PLAN - Monitor nesting status at regular intervals during the
breeding season and immediately following any storms that are accompanied by
with significant wind speeds.
,
To: Peltier Lake Shore Owners
February 20, 2002
The future of Peltier Lake is in vour hands. Before vou make a decision, make sure vou have all the
information. Do vou want to save the Heron rookery, or should we exterminate it? Choose
carefullv, this is a one time onlv decision that probablv can't be reversed.
You may have received a letter from Shelly and Henry Farmerie and they ask why I didn't have a Lake
Association meeting. Shelly and Henry may not know this. Let me explain. When the slalom water-ski
course was setup last summer north of the island, it broke an agreement moderated by the DNR and
Anoka Parks. When I started asking a few people questions about the situation, I suddenly found Jerry
and Cindy Lindne! on my doorstep threatening to sue me with everything they could think of. They also
threatened to sue the Lake Association. Their threats were of such a nature that I had no choice but to quit
talking to people. I didn't know what they were going to do next. I wanted to get people together to
discuss it, but couldn't. How could I discuss something with someone whose immediate response was a
law suit threat? Besides, if no government agency cared about the Herons, there was no point in doing
anything. So I let the authorities decide what they wanted to do. It would be up to them, not me. It took
them a while, but they did decide to take ownership of the issue. And I never pretended to represent the
Peltier Lake Association. I was just a concerned citizen. You will not see Peltier Lake Association on any
of my letters.
Many people may not realize how sensitive and rare this rookery of roughly 800 Herons really is. It is the
second largest in the 7 county metro area and the only one in Anoka county. These birds do not nest in
backyards or even in a woods; they require a secluded, undisturbed, natural setting, and typically, only a
wilderness island will do, as happens to be found here. Former rookeries on Rice Lake and Howard Lake
were abandoned because of human disturbance. It doesn't take much and the birds leave. This island in
Peltier Lake is rare indeed. Isn't it worth protecting?
The DNR and Anoka Parks think so and, in 1998, they asked everyone to please avoid high speed boating
and skiing north of the island to protect the rookery and enviromnent. Several wanted this to be an
informal agreement to avoid formal regulation (see the meeting letter). I was discouraged when on July 7,
2001, I saw the slalom water-ski course setup again and in use right next to the rookery. When I asked
about the agreement, they said they didn't agree to anything and they could do what they want. They
insisted the birds were fine, but I didn't see a single bird anywhere. Normally, they are everywhere in that
secluded area of the lake. The course was illegal because they didn't have a permit. I found out the course
was rigged to submerge when they weren't using it so it could be kept secret and no one else could use it.
It is crystal clear to me that the informal agreement did not work.
The rookery has failed 2 years in a row and the DNR is worried that this may be the last chance to save
them. If another slalom water-ski course is established north of the island in 2002, the rookery may well
be deserted forever.
I
I
I
I
I
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L
The DNR and Anoka Parks are proposing a no-wake (go slow) zone just south of the island that extends
northward. There are no motor size or other limitations - only, go slow. There are a few houses on the
north end that would be affected by this proposed no-wake zone. The DNR wants to give the Herons a bit
of a buffer to high speed traffic so they have a good chance of succeeding on the island and that is why
the proposed no-wake zone is slightly south of the island. Is it really too much to ask to give them a little
space so the 800 birds will stay? And by space, all we mean is please go slow? If vou are in the proposed
no-wake zone. please consider this: I would give iust about anything to have a no-wake zone at mv
prooertv. I would love to have some kind of buffer to the high-speed boat traffic by my house. Many lakes
actually have a 300-foot no-wake buffer zone all around their shore to protect the bottom sediments and
the aquatic plants and the people. And fishermen and other boaters like kayakers should consider tllis:
,
fishing and boating in the no-wake zone provides a safety zone free of high-speed boats. I personally
think a no-wake zone as proposed enhances use of the lake. Most everyone cruises around the island at
no-wake speed already. The only impact the no-wake zone has is on the slalom water-ski course which
shouldn't be there anyway. High speed boating in that shallow silty area kicks up phosphorus in the
sediments that is not good for the lake. It spreads across the whole lake because the flow is north to south.
Clearing out that area as was done is like filling the lake with carp that stir up the bottom. Ask any water
quality expert about this. An expert told me the water quality in Rice Creek lakes up the chain is great at
Clear Lake, great at Mud Lake (which is full of aquatic plants), and at Howard Lake, the water quality
goes right in the dumpster because there are no aquatic plants and the lake is full of carp. You don't want
to be clearing out beneficial aquatic plants. (Peltier Lake is downstream of Howard Lake.)
I believe the Heron rookery with all of its natural wonders is compatible with normal boating on Peltier
Lake. It can accommodate fishing, jet skies, water skiing, and canoeing. I believe we can have almost all
on Peltier Lake. But I also believe that Peltier Lake can't do everything. The one thing it can not do well
is accommodate uncontrolled slalom water-ski course skiing.
The main "high speed" part of Peltier Lake is about 2,000 feet by 4,000 feet. A slalom water-ski course,
when in use, has the effect of privately reserving 2,300 feet by 400 feet for one boat which dominates the
entire area. Peltier Lake almost always has fishing boats and other watercraft on the lake and these
activities must go around the slalom water-ski course activity. Why should one person effectively get
exclusive use of nearly one third of the fishing route of the lake? When a slalom water-ski course is not in
use, it still has the effect of cordoning off roughly 800 feet by 80 feet because of the placement ofits 22
buoys, lines, floats, and anchors. Because the usable area in Peltier Lake is relatively small, dedication of
an area that size to one person who isn't even using the lake is not justified in my opinion. What if
everybody did that? I'm not opposed to one-time events, but I believe it should be coordinated with the
community. There is no reason why Peltier Lake should not have regnlations similar to White Bear Lake
or Lake Minnetonka who do not allow slalom water-ski courses without special permission from the local
community. In addition, White Bear Lake and Lake Minnetonka are much bigger and accommodate
slalom water-ski courses much easier than Peltier Lake.
But the first uestion is: do ou want to save the Herons or not? That is the onl uestion on that table at
the moment. It seems to me that a no-wake zone has virtuall no im act on an one exc t for the two
eo Ie who want to setu a slalom water-ski course north of the island. And besides for et the Herons
hi~ s~eed boat traffic in the shallow waters north of the island is not ood for the environment an
There will be 2 public hearings on the proposed ordinance so vour feedback will be heard.
A second question is: do you want some controls put on the slalom water-ski activity? Do you want
anyone from anywhere to be able to setup a slalom water-ski course, use it all day, every day ofthe year,
and have no say in the matter. That is the current default situation. Anyone can do anything. Is that what
you want? Do you want 2, or 3 or more slalom water-ski courses set up on Peltier Lake?
I lJersonall. think it is worth savin the Herons. Action is needed this ear or the Herons are likel oners
forever. I recommend suuport for the no-wake zone as suggested bv the DNR and Anoka Parks. I think it
will rotect the Herons and benefit some of the more assive activities on the lake like fishing and
canoein without hinderin water skiin or other eneral boatin .
I'd like to hear vour opinion. Please call 651-407-0155.
Thank you.
Wayne LeBlanc
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,---- -
THE PROBLEM
Irreversible damage to a pristine area was forseen in early 1999 when it was
discovered that a party had been issued a pennit to establish a slalom water ski
course on the north arm of Peltier Lake,close to the nesting island. Anoka County
Park officials, in conjunction with the Peltier Lake Association called a meeting
held at Centerville City Hall on April 27, 1999 which was widely advertised and
attended by 28 people concerned about the welfare of the lake. After the meeting,
Parks circulated a letter summarizing decisions made at the meeting. These
included: "avoid skiing in the area north of the island" and "keep fast-moving boats
at least 500 feet from the island". It was also agreed that an effort would be made
"to educate the general public in regard to the valuable natural resource the
northern third of the lake provides and the importance oflimiting any fast-moving
water activity in that area". The DNR agreed at the meeting to conduct a study to
detennine the behavior and variety of the nesting birds. So far as we know,
everyone followed through with this agreement in 1999 but in 2000 and 2001 the
pennit holders defied the agreement and established a permanent submersible
slalom course, north of the island. The colony in turn abandoned hundreds if not
thousands of eggs and young both years. It became evident that a "gentlemen's
agreement" is not enough in cases like this, hence the need for an ordinance.
1HE SOLUTION
Because of the urgency of this problem, a meeting was held at Wargo Nature
Center on January 23, 2002 to discuss what action is needed to prevent another
crop failure at the nesting colony. This task force included delegates from Lino
Lakes and Centerville, County Parks, the sheriff's Dept, the DNR, the Rice Creek
Watershed District, the Peltier Lake Association and the Bell Museum of Natural
History.
After the meeting, on the basis of his broad experience with various bird issues, Dr.
Scott Lanyon, Director of the Bell Museum and former Chair of the Lino Lakes
Environmental Board, made an analysis of "possible explanation of colony
abandonment" and most likely cause. He assessed 9 hypotheses of what has (in
other areas) or could cause abandonment. Under the category NOISE
DISTURBANCE- motor boats close to the island, he wrote: "It appears likely that
this could result in sufficient disturbance to cause a mass abandonment of this
colony..." His conclusion: "In my opinion, the most likely explanation is that the
colony (was) abandoned due to direct human influence in the form of human
disturbance (noise and physical presence) in close proximity to the colony."
The solution is to make such human intrusion and disturbance impossible in the
future through an ordinance and Joint-Powers agreement between Centerville and
Lino Lakes. Whether the birds return to the heronry this spring is immaterial.
Other wildlife and plants (including some rare ones) also require protection from .
possible damaging activities. It is the whole unique ecosystem that needs
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Article XII. Meetings.
Section 1. Meetings of the Board or membership can be called by the President or by two
or more members of the Board.
Section 2. At all meetings of the Board, a majority of the members of the Board of
Directors shall be necessary and sufficient to constitute a quorum for the transaction
of business.
Section 3. An annual meeting of the corporation for the purpose of electing the Board,
receiving reports, and for any new business that may arise shall be held at a time and
place approved by the Board.
Article XIII. Rules of Order.
The rules contained in the current edition of "Robert's Rules of Order" shall govern the
corporation in all cases to which they are applicable and in which they are not in
conflict with these By-Laws or special rules of order the corporation may adopt.
Article XIV. Vacancies.
Vacancies for all unexpired terms of the Board shall be filled by elective action of the
Board.
Article XV. Dissolution.
The corporation may be dissolved by a two-thirds vote of all voting members.
dissolution is favorably acted upon, all just debts shall be paid out of the funds of
the corporation, and all remaining funds, if any, shall be given, as determined by the
Board, to nonprofit organizations with similar purposes and objectives.
Article XVI. Amendment Procedures.
These By-Laws can be amended at any regular meeting of the corporation by a two-thirds
vote of the voting membership present at the meeting provided that the amendment has
been submitted in writing. .
The undersigned I ' , Secretary of the Peltier Lake
Association, hereby certl les t at t e oregolng By-Laws of the corporation were adopted
at a duly called meeting of the Board of Directors and the members of the corporation on
the 11th day of July, 1988.
/ ~ I-l~~
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:!.w:d 1. ?~cn:a
i'iublit; $afet'J Directo; I CMl!i ~ ?~Hce
July 23, 2001
_~cka County Sheriff's Dept.-Water Patrol
Deputy Tim Sir_x
1530 Bunke~ Lake Blvd. NW
Andover, MN 55304
Dear Deputy Sink:
The City of Lino .=.akes is aWare of the slalom course located
on Peltier Lake. This course has been located annually on the
lake for a number of years_ To date, the Department of Public
Safety has not received any negative feedback from property
owners, regulatory agencies or other users on the lake relating
to the course. Therefore, from a Public Safety standpoint, we
have no objections to the location of the slalom course.
If you have any questions to the above referenced subject,
please contact my office,
sincerely, /7 /
.'{ 1'1. //", J// ,'~'
(I \1 i /Y ,.t.IJ
"'/:; './ ! / ,1~tvuCl
{A/,,""(,.r ",-,"" I~;' ~
'd /h'
Dav~ J, Pece ~a
Public Safety Director/Chief of Police
-,"
::lJP:rk
cc: Gerald Lindner
6..::~C ;'':'-''';1'1 Ci!r:ter ?;;;n{wa~1 :. i..::":e, ~.Q:\e5, )vlinn~s,:'r3: <;J 55G;4-~;e2
?L.:bi!c .-'\cin:ji1j~trQ.t!cnlF.e-.::~!'6s: S.3~ -sa2-;;3CJ' ::~: S51-?8:-239S
.
Department of ?ublic Silfety
POLICE
Dav id I. Peccf1.ia
Public Saiety O~tOi; Cl1ief 0' Police
July 10, 2000
Anoka County Sheriff's Dept.-water Patrol
Deputy Tim sink
1530 Bunker Lake Blvd. NW
Andover, MN 55304
Dear Deputy Sink,
,
The City of Lino Lakes is aware of t~e slalom course located
on Peltier Lake. This course has been located annually on the
lake for a number of years. To date, the Department of Public
Safety has not received any negative feedback from property
owners, regulatory agencies or other users on the lake relating
to the course. Therefore, from a Public Safety standpoint, we
have no objections to the location of the slalom Course.
rf you have any questions to the above referenced subject,
please contact my office.
SD / g,4
David J. ~chia
Public Safety Director/Chief of Police
DJP:rk
cc: Gerald Lindner
640 Town Center Parkw.ay .. LitlQ t"kes, Minnesota . ssm 4-1182
Public AdmimSlration/Records: 651~982-2'300 . Fax: 651-9B2-2399
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ACCU-SINK
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PATENTED
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Raises and Lowers in 2 to 10 minutes
Now you can manage a slalom course without the hassle of swimming or
the entire course into your boat!
,',. BENKFIT' ~'''i\\^.~,''
1/3112000 127 PlY
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Peltier Lake
Surface Water Zoning Ordinance
Proposal for "no-wake zone"
RESTRICTIONS
My Background
Since moved to Lino Lakes in 1997:
- Taught religion St. Joseph Catholic Church,
Lino Lakes
. Pas1four yearS
- Coach/Assistant coached past 4 years in Lino
Lakes
. Soccer, hockey, football, basketball
My Background
Grew up on family owned dairy farm iu
Wisconsin.
Worked my way through Technical school,
Engineering School (D of Minn), Graduate
School (D ofMinn)
- Mechanical Engineering Major
Employed at Medtronic
- Worlds largest medical device manufacturer
My Background
(continued)
Family member of Minnesota Down
Syndrome Association, and ARC
(Association of Retarded Citizens) of
Anoka county
~ Actively involved advocating IDr our
handicapped son,
- Experience has taught us that we must stand up
for our rights as individuals and family in our
schools and community.
1
-~
eu.....i...waI<m1illi>il,~
Nit"!'"",l", M,"l DNR.u<1. J. 200U
N<~IIl,..JW<>tori.lllnd"oI'Urveyed
<llt[Odll,k!o.tl~illllOl'Uuity
.au....i...wlllmnilf<>il
fI.-.-.!.l20
lCoIeinFeeI
l'<Itia LiI<e. AlIokaLounly
Family Sport
Wholesome tbmily sport enjoyed by all
members of my family
- Son last year quuJiti~d tor regional tournaments
Golf Range/Course analogy
- Golf Runge-----skiing without 51ulom course
- Golf Courscn_-likc ~kijl1g with slalom course
Video
MWSA
MWSA- Minnesota Water Ski Associalion
Presidt:m: 2000. 200 I, 2002
- MWSA involwd in local community activitcs Juring
the summer
. slice of Shoreview-ll.lumamenlll held a~ part of tile festivities
. Leitm to Ski Clinics within MinncftpolisiSt. ['nul area
- MWSA supports Junior Development Training
. Held ad! year during JUIUl {G.."'<Xge Lindy '1l)1~ w lead thi~
droll)
. Tfainschilllren abollllhe~port ofwftlerskiing.
2
Slalom Course Dimensions
850 x 75 feet
- Boat drives down center
- Skier skies pendulum like arcs behind boat
Example of construction~~~AccuSink
Area usage can be minimized to 1200 feet
by stopping at ends and shortening rope
- Goose Lake (example lake Wayne suggested)
Other Measured Noise Levels
Passing float planes: 83-87 dB
Normal human conversation: 60 - 70 dB
Auto Horn: 110 dB
Thunder: 130 dB
Urban Street: 100 dB
"
Noise levels
(actual measurements)
Measured noise level from shoreline with
boat passing by in designated slalom course
path (350 feet north of island):
- 1999 Malibu Response
. Hull ID: MB240104C999
~ Noise level TUnge = 58-63 Db (30- 34 mph)
- 1994 Mastercratl: ProStm' 205
. IhllllD: MBCUSDX41394
. Noise level range "'59--6] Db (30----34 mph)
'"
Aquatic Vegetation
Canadian Waterweed, Coontail, and
CurlyleafPondweed, are all found in
northern end.
Minnesota DNR : A Guide to Aquatic Plants
- Canadian Watcrweed. Coonlail
. III Management Strategy st:t;tion, it state~: "Remove all rl~J\t
~fromthcwMerbecal.l.'letheycan~neralejnlOncw
I!!ftn!(:
- Coontail
. "~undcrw~lerwilh_I\9rools"
"
3
Aquatic Vegetation
Philametice Algae
Clost.: up
view of
Canada
Watcrweed,
and Coontail
"
Water surface
with
Philameticc
algae
growing on
top ofwatcr
with Coontail
"
Water Quality
Water quality in the area is improving with the
aeration of the water from inboard boats,
- ONR Ecological Spt:cialist (Sieve Enger)
Algae sample idenlified as Philamctice algae charao.:teristic nf
polymitictic stratified waler (lop 6.12 inches of water warm
nndlllwersecliOI,deJllele8i15elfofoxYKenandbeCllm~
"dead" non..oxyyenllledwater, unable 10 support animal life).
Ifpolymiticlicwateri9oxygennted(wilhprtlpcllerofhollt!l)it
will provideo)(ygen for IhewlllcrnndlhUllsupportanimal
(fhh) life.
"
Water Quality
(other studies)
Northern area is 4.5~6 ft. deep. Numerous studies
show "little \Jt' tlO lUixill~ ul'boUOlll with propeller
of boats in 4-5 feet of water",
- Maryland DNR
. "AI a five foollevd very lilllt:, if any, ~(llll'ing or mi)(juji j8kl::~
place"
Shore Erosion:
- Maryland DNR concluding statement {)fstudy "Rule of
Boat Waves in Shoreline ErOSion"
. "WI:: ~annOI auribute any appreciable~llolelilleefOsiQn 10 the
wakt:lio!'pas!lingwlltercrafl. Winda.ndotheracl!lofnnture
ba!licallyareatfaultini05lan~,ufbanker().!lion"
- 4 independent sites were used in the study
'"
4
Water Quality
(continued)
Lake X study "Analysis of Pollution Irom
Marine Engines and Effects on the
Environment"
. 1400 and 700 acre lake both with average depth of
14 feet. Twenty.four chemical and/or physical
water quality parameters were analyzed. These
analyses revealed that watcrs of both lakes were
high in dissolved OXVL!:cn, slightly acidic, and low
mineral conh:nt. These findings were found to be
typical of good Florida lake water.
"
Wave Action
(personal observations)
Boat produces average of 3 waves per pass,
- typical set 01"24 passes = to tal 72 waves
Nature produces;
- Avemg:edailywindspeed IOmph
. Eqll:lle~IOlwuVllper=nd
. 360(] waws per OOIlT
-50,400wllves in daylight hours
(avlllIIge\4\lDllrsummerrlay)
Boat vs. nature
72 50,400 = 0.1 'Yo..
,.,
Water Quality
(continued)
"Effects of water skiing on Fish Populations
at San Justo Resevoir, Hollister,
California,"
- Dean Marston, Fisheries Biologist California
Department of Fish and Game
. "Yes. plant life does take oxygen from the water.
and yes the last-spinning propeller from a ski boat
will put oxygen back iota rhe water. which does llid
the fish population"
'"
Time of Usage
Average boat pass time = 17 seconds
(34 mph)
Average passes for 2 skiers =: 24
- 24 x 17 seconds '== 6 min. 48 sec.
- Assuming 14 hour daylight day.
~ This equates to 0.81 % daily usage
~ This would be if you skied every day!!!
'"
5
Blue Heron Habitat
CTlII:G1~UucHon""flu\'\...m:lAII"")
Arrive March-April
28 day gestation period (3 - 7 eggs / nest)
6 week growth to be ready to fly and teed on their
nwn.
Adults leave approx mid to late June to continue
migration to Nova Scotia and other parts of
northern U.S. and Canada.
Fish in average 12 mile radius.
Co~cxist with humans for thousands afyears.
Even evidence exiting during Roman Empire.
"
Heron Articles
June 26. 1989 ~ by Associated Press
"Toxic algae poison at least 70 great blue herons"
May I, 1990-hy Kurt Chandler. SlarTdbune
- In Cold Springs. Minn. I-Ierans disappeared.
. "AI Grewe, a biolo!j:y prufellsor al SI. Cloud Slale UniversiTY
whuhllSs(udiedfheoolonyIQr~llc<ts,::5ye1lC8. It'silmystery
h(l8implya~cepI8,l\l1uk(lofnalllre"
"Herons abomJoncolonies Cor no reason. and itju~thappenctl
Ihere."Grcwe~aid
2.1
Heron Habitat
(continued)
No known predators
Not endangered species
Existed and flourished with humans since
Roman Empire (1500 B.C.)
Nest in top of trees
Facts
What is link bt':twccn slalom course and Herons
Icaving'!'!'?
- Where is the evidence?
My Ski Log-
- 1997: orn:e -Sept 4
- 19911: 4 times. Aug 15, Ill, Sept. 7, 19
- 1999: once - Aug. 8
- 2000: twicc- Allg. 17,21.
"
6
Facts
(continued)
Letters of recommendation from City of
Lino Lakes/Chief of Police Dave Peechia
every year since I have move to Lino Lakes
- 1997,1998,1999,2000,2001
"
Past Lake Activities
Items failed to be mentioned by Task Force while
presenting us significant factors
RESTRICTIONS/ORDINANCE:
- Winter 199711998
. Dilmptmck loads ofroul,lh Ii~h (carpihldlhends) rcmovetlllom
Peltier Lalm-Reduced one of heron food SOurCell_ This j~
obv.lOusfrombullheBdskelelllllsleftnnmydockandshoreline
Ihrougboulspring and summer fmm hcroJls
- May 15, 1998 Wind Stormdcsttoyed Heron/egret nests
nn island-B/ack-cJ'{Jwned Nighl Heron vlJnished ajier
1998
"
Facts
(continued)
Herons seen watching skiing, without fear
at distances oflOO to 200 feet, perched on
bogs.
"
Past Lake Activities
(continued)
- June J 999: Large DNR fire fighting tanker
planes landing east of island and using entire
length oflake to collect water in cargo hull---
during critical nesting time
- Spring/Summer 2000: 35W Road contruction
sometimes 24 hours per day with huge
tloodlights, jack hammers, pavers, etc,
- Spring/Summer 200 I: Helicopter fire fighting
training on the area narLh of the island.
"
7
Past Lake Activities
(continued)
_ Spring/Summer 200 I: Hydrofoil testing in area
north of island (was loud enough to make
windows in house rattle)
- Continuous--every spring/summer: Seaplane
training, taking oft: landing, and touch-and-
goes
~~
Trout Air
( cont)
Continually stocked with rainbow
trout/game fish each year
~ Approximately 500,000 Ibs of li~h restocked
each year from 1969 until Fall 1998
- Approximately 750,000 tish wen: eaten each
year by the herons
"
Trout Air Closing
- December 1998: Trout-Air (located approx 2.5
miles north of island) closed
(History given by Pat Preiner on February 26, 2002.)
. 38 ponds
. Trout ponds led with de dicilted wclfs as deep as 600
feet.
. Opened in 1969
,,,
Trout Air
(continued)
During warm summer days trout swim near
surface anJ can be easily seen with their
rainbow colors.
Hundreds/thousands of herons feeding
morning and evening
.\2
8
Trout Air
(continued)
Oesoeratclv tried keeping in business:
~ Contacted legislature and DNR for
reimbursement/assistance
. No reimbursement given.
-- Tried cannons shooting blanks (suggested by
DNRHidn't work
. Herons got used to noise
. Bolhered neighbors too much so stoppt:d
,J
Trout Air
(continued)
Why (lft: herons leaving early in 2000 nod 200 I?
Trout air ponds afe no longer being stocked with
fresh rainbow trout.
Could it be that when the chicks hatch, that there
is now (assume 1000 herons live on the island)
5000 hungry mouths to feed instead of 1 DOO and
they can't keep up because ofthe diminishing
food supply?
"
Trout Air
(continued)
Tried covering ponds with nets
- Herons learned "plunge diving" technique to
get through nets.
NOTE: This was mentioned in previous DNR
Study by Dr. Custer in a memo dated March 15,
1999 as a "novel result not seen in other
locations",
Sold to developer December 1998
"
Trout Air
(continued)
Which is easier to catch and better to eat,
colorful rainbow trout swimming on the top
of the water in crystal clear, spring ted,
trout pond, or bullheads at the bottom of a
algae covered lake?
.11,
9
Related quote by Allen
Please note a quote from Hayward Allen,
page 52, The Great Blue Heron, "As many
fishery workers will confirm, they do prove
to be a blight upon the cultivation of game
fish stocks in tisheries and hatcheries, or
ponds where frogs are raised for food. Only
then are the rule that protect the great blue
heron with the Federal Migratory Bird
Treaty negotiated to be waived."
"
Peltier Lake
Organization History
Peltier Lake Association started in August
1988 by Wayne LeBlanc
Articles of incorporation for Organization
Robert Rules of Order specifically stated.
'"
More Facts,
Lake has been declared recreational since
1910.
Boats/skiers/tishermen here on lake for past
92 years
Blue herons have only been here (per Task
Force statement) for the past 12 years.
'"
Recent Events
Why were other Lake Association Board
Members or Lakeshore Owners not notified
of a task force being formed tor something
as significant as this?
",
10
I
Task Force Study Results
Why was valuable information with held
ITom the summary sheets to the city council,
when the expert Scott Lanyon Ph.D,
Hypothesis #7 "It remains possible that the
noise associated with this construction
project was partially or even completely
responsible for the abandonment of the
colony in 2000."
"
Recent Events
After finding out about the proposed
ordinance in the city of Centerville the
majority of the Peltier Lake Board met
February 19 and made a motion to draft a
memo to City ofCenterville and Lino Lakes
requesting them to delay/cancel the public
hearing until we meet as a lake association.
~,
Task Force Results
Another example of information withheld:
- From the same list of Hypothesis, #8 Noise
Disturbancc~motor boats close to the island
~ "It app:ars likely thallhis could result in sufficient
disturbance to cause a mass abandonment of this
colony allhoullh we lack information on the timing
and intensity of this activitv"
"
Recent Events
Just 17 hours after the letter was delivered
to the city of CenterviJIe city hall, a letter
from Wayne LeBlance was delivered to all
Lakeshore Owners.
.~
11
Recent Events
Let look at a few items from the contents of
this package.
"
Recent Events
This statement is violated a second time, in
a letter to LlNO LAKES CITY COUNCIL
dated February I, 2002, page 2 "This task
force includes delegates from Lino Lakes
and Centerville....,the Peltier Lake
Association,.. .."
"
Recent Events
How can letter to alllakeshore owners by
Wayne LeBlanc state that "! never
pretended to represent the Peltier Lake
Association. I was just a concerned
citizen.", yet in the task force member
listings, Wayne LeBlanc has a Title as
"President of the Peltier Lake
Association"
..
Recent Events
Why was the attendance sheet tbr the April 27.
1999 Lu.keshorc OWlIl.:rs meding ~lill\iCllicl1tly
placed behind a letter from John VondeLindc to
make it look like everyone signed an agreement,
when it has nothing to do with the letter?
Note in the April 27, 1999 meeting, no motion
was made. no vole taken. only the opinion of
Wayne LeBlanc stated.
'"
12
Summary
I believe I have been made a victim, and
publicly defamed.
There are no links between water skiing and
tbe disappearance ofthe blue herons.
. The facts about Trout Air closing in
December 1998 and its diminishing food
supply for the herons cannot be ignored.
,.,
Conclusion
Request that City council
cancel this
Peltier Lake Restriction ordinance.
>"
13
0Nt LAKE RESTRICTION LEADS TO ANOTHER. IS THIS WHAT WE WANT ON PELTIER LAKE?
ALARMING NEWS: City of Centerville City Council Meeting: un Februarv 13.2002
A direct Quote tram Wayne LeBlanc; "...that's really all that we are trying to go for AT THIS TIME because there are
Iications with trying to do more..."
We are sorry that Wayne mis-interpreted what we said to him as a threat to "sue" him. No such allegations were made.
We did not threaten to "sue" the Peltier Lake Association. Why would we want to sue ourselves??
I did not ski in the northern end of the lake prior to August during the years of 1997, 1998, 1999, or 2000 (only skied once in
1997,4 times in 1998, once in 1999, and twice in 2000)."
How can skiing seven times in four years on the northern end of Peltier Lake result in failure of the rookery? According to
Hayward Allen, the author of the Great Blue Heron: "There is no question that, once the young are capable of leaving the nest,
the parents immediately begin looking for a better place to feed."
"Instead of a hundreds of pairs, there are thousands or more hungry birds looking for places to eat. It does not take long for the
multiplication process to deplete existing resources, and that would explain why many adult birds continue their migration
individually, flying to even further climes such as northern Quebec, Nova Scotia, Alaska or Greenland to complete the summer
feeding season".
Wayne states ".. .a no wake zone has virtuallv no impact on anvone... ". It does impact everyone. It reduces resale values of
your homes, because it narrows the etfective buyers market for your home. Also, this takes away privileges that lake home
owners have enjoyed on this lake for the past 92 years-since \9\0, when this lake was defined as a recreational lake.
He states that only a few homes will be affected by this restriction. Even ifthat were the case, why are these people not
considered important? If you observe his proposed restriction line (500 feet south of the island) it virtually divides the lake in
half. This declares almost half of the lake as no wake.
estrictions start on the northern end, where/when will they stop? It appears that they will stop when they reach Wayne's
house. Please note that this is exactly Wayne's words and I quote: "I would give anything to have a no-wake zone at my
property" .
These restrictions were initiated by a concerned citizen, (Wayne LeBlanc), who claims that he did not use the Peltier Lake
Association title. But since he tailed to say that he was acting alone and not representing the Lake Association, it could be easily
assumed by city officials that hc was acting as a main representative of the Lake Association.
Wayne states the main part oflhe lake is about 2000 feet by 4000 feet, but if you actually measure the length from the bog posts
south to the road crossing, it is 7260 feet long and 2640 feet wide. This is almost twice the size that he has stated. A slalom ski
course does not earoon uff2300 tect by 400 feet. Each side of the slalom course only protrudes ant 37.5 fect, and the skier only
goes outside of this area by approximately one foot. As a concession, the driver can stop each time approximately 2 to 300 feet
outside of the course, shortcn the rope and return through the course. This reduecs the effective area to 1300 by 75 feet, NOT
2300 by 400 feet. This is a 943.5% exaggeration.
Water quality is affected by many factors not mentioned in Wayne's letter. Other factors would include new development
fertilizer runoff, and the phosphorus from high population of curly leat: which we are trying to control.
We view restrictions as undesirable. We the lakeshore owners have the ability to preserve and maintain our rights and prevent
any restrictions on the waters of Peltier Lake. We can work together to improve the water quality of our lake by continued
removal of curly leaf pondweed. We believe in not discriminating against anything or anyone for any reason, therefore
everyone should have equal rights for use of this recreational lake.
If "au want to ask us for more information please call at 651-407-0855.
Jeu; and Cindy Lindner
.
February 22, 2002
To: Centerville and Lino lakes City Council Members
It has l?ecome very apparent that within the last couple of weeks there has
developed some dynamic, opposing opinions regarding the beneficial or
detrimfntai roie that recreational boating and, more specifically, water skiing
activities may have on the Heron Rookery and overall quality of Peltier lake.
Being ~ Peltier lake shore resident (and lake Association Board Member), I am
extremely concerned that Peltier lake remain "healthy" along with being
complEftely "open" to the many diverse water activities inherent to living on a
lake. This "open" policy ensures that everyone's rights to use this public lake is
honorep without restrictions. My wife and I have lived in CentervHle and used
Peltier lake for the past 28 years (being lake shore owners for the last 9 years).
All tho~ years, there have -not been any ufficiallake restrictions even though the
population of Centerville and use of the lake has increased dramatically. Now,
howev~, it seems there is an opinion that all of a sudden restrictions are
needed for the well-being of the lake and the Heron Rookery. Opinions are not
proof. '-WOUld want indisputable proof, from authorities who know, that the
current proposed restrictions (wake zones and no slalom water ski
course;s) are definitely needed.
I am fearful that beginning lake restrictions could slowly escalate into more
restrictions, eventually leaving Peltier lake so undesirable to live on that home
values of residents on the lake would be put in jeopardy. This point will be a
major ispue for alllake shore residents who may now be "neutral" on the
proposed restrictions.
According to the February 19, 2002 letter from the Centerville City Council to the
lake Shore Residents of Peltier lake (itshouJdhave been sentto ALL residents
of Centerville as they are possible lake users), it appears that this issue of lake
restrictions will be put forward as a proposed Ordinance.
Due to prior commitments, the March 11 public hearing will be our first chance
to be present at these meetings and anyfol1owing. However, we will be brought
up to date before that meeting, and hopefully an informed, unbiased and proper
decision will be ultimately reached.
Sincerely,
Steven jlnd Rosemary Marcello
1649 Peltier lake Drive
February 24, 2002
Dear Cities of Centerville and Lino Lakes City Council members and residents of Peltier Lake,
We as concerned homeowner and residents of Centerville and Peltier Lake would like to express to
you our concerns in regards to the proposed "No Wake Ordnance" for the lake in which we live. First
and foremost, we believe that both sides of this issue have valid concerns that have raised even more
questions that need to be addressed before this ordnance is invoked.
We don't claim to be experts in Great roue Herons and their ways, nor water quality issues, but have
made some observations. We have lived here since the summer of 1996 and have seen many changes.
We've seen normal winters, late falls & early springs, all playing a part in the conditions of the lake.
With low snowfall, late falls and early ice out in spring, we have learned that the curly leaf pondweed,
(that the entire lake has been involved in removing), has an extended growth time, which contributes
to poor water conditions. We've learned this by attending seminars presented by the DNR at Wargo
Nature Center with other homeowners from Peltier Lake. There have been many changes, with the
growth of our tiny little town, both summer and winter recreational use of Peltier Lake has increased.
When we first came here, a busy day on the lake was having 4 boats (including ourselves) out at one
time. That was on a holiday weekend. The most activity you could expect to see in the winter was the
use of the snowmobile trail Very few ice fished and that too has changed.
Some of the questions that we are left with are:
· Is the area in question large enough to sustain a rookery of this size? Or have they out grown
this island?
· Has the ecology of the lake changed to the point that the birds have just decided to go
elsewhere? Two main sources of the Great Blue Herons diet are bullheads and frogs. When we
moved in we could only catch small bullheads off our dock. Now we very seldom catch them
and instead find more game and pan fish populating the area. Frogs also were abundant and
now are very seldom seen.
· What affect did the commercial harvest of carp have on the ecosystem of our lake?
· Has this whole issue been created by a feud between some neighbors?
We feel that a Lake Association meeting should be held to discuss all of the options with the
homeowners on l'eltier Lake. Before any action is taken, we feel that many answers (with the data
and studies to back them up) are needed before anyone should consider this or any other ordnance.
We came here 6 years ago because it was everything we where looking for. A small, close-knit
community, home on a non-restricted lake, where our family could enjoy fishing (summer & winter),
swimming, skiing, wildlife & snowmobile activities.
Hal & Liz Wegner
1525 Peltier Lake Drive
Found this poem in the Spring 2002 Lake6tyie mag>>7.ine and thol\ght was appropriate.
"AlL THINGS CHANGE, YET NOTHING IS EXTINGUISHED... THERE IS NOTHING IN THE WHOLB
WORLD WHICH IS PERMANENT. EVERYrHING FLOWS ONWARD, AND ALL mlNGS ARE BROUGHT
INTO BEING wrm A CHANGING NAl1JRE. THEAGES THEMSELVES GUDE BYlN CONSTANT
MOVEMENT... FOR STILL WATERS WILL NEVER REACH mE SEA." (OVID, ROMAN POET. 43BC - 27 AD}
To Centerville and Lino Lakes Cily Council Members,
We have wave concern regarding the said proposed ordinance being pursued by Wayne LeBlanc. He decided
to do this without notifYing and discussing it with the Peltier Lake Association board members or the lake
owners.
There is no need far any restrictions an this lake. Ths is a public and recreational lake. The north end is part
of the lake which everyone should be able to use and enjoy and not to exclude skiing. We feel that the
slalom Course is best at the north end of the lake because it has the right conditions for our slalom ski
course, (The right conditions have to be light wind, no waves and even then we can only pbysically ski less
than a half a hour each), doesn't interfere with ather major lake use, and this is improving the water qualily
which the fishermen are enjoying as well. Our slalom course has always been legal. There was a dispute of
the interpretation of the submergible course. This was resolved with the sheriff and he then issued a permit
for the cOl'rse.
We feel he is discriminating against our skiing slyle. He states that he'd like to see that "SIMPLE water
skiers" h~ve equal access to the lake resource. Who is he to determine what simple water skiing is! So the
individuals who are trying to improve an their skills should be banned from the lake???
We feel 'l'e have ample knowledge of this sport. We were members of a water organization for 17 years and
also were show directors for !lve of those years. We took pride in teaching water skiing, the importance of
safely an fhe water and to express our passion for this sport. We would like to have our future generations
enjoying and learning this athletic/Olympic Sport.
We've skied on this lake far at least ten years before building our house here ten years ago. Before we even
broke ground, we received a phone call from Wayne LeBlanc asking us "what are your intentions for the
lake?" TIjis was a complete ,hock coming from someone that just lives on the lake and doesn't OWN it.
After completing our house, he showed interest in our boats and our skiing abilily. There were times when
Wayne an~ his family went an boat rides with us, taught them some skiing skills and even taught Wayne how
to barefoot ski. He also adapted his boat with qualities of our ski boat by adding a ski pylon and a ski
training b~om.
In his original letter that he gave to the Centerville and Lino Lakes Cily Council Members, he accused us of
not having licensed our current boat - attached is a copy of ownership and registration from the day we
purchased it.
'There has been no conclusive evidence showing that skiing has any adverse consequences toward the birds.
In fuct, Septt Lanyon states in his letter nine d1tTerentreasons for-possible abandonment of the birds. We
know in the last several years that every explanation he has stated has occurred to this island. Ths
recreational lake was here before the birds came to the island and we're willing to share it.
We believe the water qualily last year was better than previous years due to cutting/harvesting of the weeds.
In prior years, we attempted to cut weeds along the whole shoreline and spent several days doing this with
less favorable results.
One person's opinion should not change the future of Peltier's recreational lake. He is discriminating
against a pljlticular Iype of water skiing There is a law against discrimination. We feel that this lake is big
enough for everyone's use.
Sincerely,
Paul and Shell Dentz
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Richard Nelson
7401 Peltier Lake Drive
Hugo.MN 55038
Home Phone 651-429-5800
February 25, 2002
To Centerville and Lino Lakes City Council Members,
Re: Peltier Lake Water Zoning Ordinance
For the last 16 years we've enjoyed living on Peltier Lake. We have been delighted with the diverse range of
wildlife and the beanty of the lake environment. We are not water skiers. Although as a kid , I really enjoyed it.
Primarily I enjoy the fascinating display of nature season to season and year lD year from my kayak or fishing boat.
Certainly I'm not an expert, but studying wildlife behavior has been an avid interest of mine since childhood. In
fact, [ had considered marine biology as a possible career. but love of aviation won out.
Over the years of living on this lake, I've observed a number of fluctuations in many species of wildlife. As an
example, some years the lake has had a large population of wood duck and other years a modest number of that
species. I have also observed fluctuation in the heron population. I've wondered if there was a correlation
between the population number of these two species as I've observed heron eating dncklings. I've noticed
particularly that since the bald eagles have increased their use of the island, the heron seemed to have decreased.
To me tillS is understandable. Even tllOugh bald eagles' primary prey is fish, they are a large bird of prey and
cause all other birds to be extremely wary when they are present. While kayaking around the island, I've observed
the eagles circling low around the island putting the herons to flight. On three occasions kayaking there willIe tile
ski course was being used, I noticed bald eagles perched on branches watching the action. I've also noticed heron
around all sides of the island where the eagles were not present. This is consistent with my observation of eagles
and the resident heron on my dock who defends his territory driving off all other herons who fly near, but will
immediately leave if a bald eagle lands in our cottonwood tree.
Another factor to consider is what, [believe, has been an increase of seaplane usage on tile lake. When the
aircraft are taking off north, they usually skirt the east or west side of the island as they are climbing out This
possibly could be affecting nesting heron. A solution could be to request during tlle nesting season thaI the
seaplanes would avoid usage of Peltier Lake.
As for Ihe c1langes in water quality, I believe there may be filany more detrimental causes lhan Ihe water skiing 10
tlle north of the island. We llave experienced extreme changes in water levels that may have played an significant
long term affect as tl,e ecology of Ihe lake lakes linle to readjust. I realize the importance of a healthy weed bed for
waler clarity, but it seems that the weeds get too thick and die creating stagnant water. Is it possible that the
clearing of some of the weeds on the north side of the island filaY have benefited the life of the lake? Our son who
does a lot of fishing has noted that the water in the ski course was clearer and also was a productive place to fish.
In conclusion, as much as I love the heron, my observations do not support the hypothesis that the skiing on the
north side of the island is the cause of tIleir decrease. Therefore, 1 would be opposed to having restrictions put
upon tlle lake usage at this time.
Sincerely,
Richard Nelson
February 24,2002
To: Centerville and Lino Lakes City Council Members
On February 6, 2002, my wife and I became the newest property owners on the shore of Lake Peltier in
Centerville. We had been looking forward to being a part of the community. The fact is that we are actually
contributing to improvement of the neighborhood. Some of you may be familiar with the property at 1567
Peltier Lake Drive. With the help of some very closefhends of ours (also Peltier Lake shore owners), and
the support of our neighbors, we are renovating a piece of lakeshore property that has been very unsightly for
the past eleven or twelve years. These people, along with us, are opposed to further lake restrictions.
The main thrust of this letter is to express our dismay at the proposal set forth by Wayne LeBlanc to place a
number of restrictions on usage of Lake Peltier. My wife and I are rather upset by this proposal. We
purchased our property with the knowledge that Lake Peltier would be a lake to utilize for the recreational
activities that we so much enjoy: pontoon boating, I1shing, snowmobiling, and water-skiing. I have been
enjoying participating in many of those activities for at least eleven years on Lake Peltier. During these
eleven years I have come to know several of the lakeshore homeowners. For the most part, the lakeshore
community consists of amiable people who coexist peacefully. It seems unfortunate to me that one person is
leading an effort to impose restrictions on all users of the lake. It also appears to me that the initial efforts to
impose these restrictions were done clandestinely. I believe I have some valid questions when I ask, why
weren't lakeshore residents informed of the efforts underway, and why weren't all residents ofCenterville
and Lino Lakes (since the majority of Lake Peltier is located within the boundaries of the city ofLino Lakes)
informed of those efforts?
I believe Wayne's main concern is protection of the wildlife (more specit1cally, herons and egrets) on the
island at the north end of the lake. As I have stated previously, I have been using Lake Peltier for recreation
for about eleven years. In those years I have known the island is off limits because of the heron rookery. My
water-skiing activity does not appear to have affected these birds, as I see them every year, often on the docks
oflakeshore homeowners. Here are some ofmy questions on this matter:
. Why doesn't the noise and pollution from nearby Interstate 35.W appear to have affected the birds?
. How is it that there are rookeries in the Minnesota National Wildlife Refuge near the Fort Snelling
area, and the birds appear to be quite content there? This is even despite the fact it is adjacent to the
Milll1eapolis/St. Paul International Airport and is bridged by Interstate 494 (egrets and herons can be
seen as you drive by at 60 mph!), not to mention river traffic.
It is my belief that human beings and nature can live in harmony. I believe that harmony has been achieved
on Lake Peltier, and see no reason for further restrictions on tile lake. It is also my belief that human beings
should live together in harmony. As long as we are all law-abiding citizens, there is no reason for one person
to create restrictions for others based upon his/11cr ;)piuioH:i anJ beliefs. In this time of war against
terrorism. isn't the idea of imposing one's beliefs upon others the basis for many terrorists' acts?
I ask that no new ordinances be put into place regarding the usage of Lake Peltier. Thank you for your
attention in this matter.
Sincerely,
Dave and Deb Loomis
,
To Wayne LeBlanc and Members.ofthe Lake Association Board,
I was very alarmed by the information that I received today, Sunday February 16th 2002. I am referring to a proposal Wayne LeBlanc
presented to the City ofCenterville regarding restrictions on Peltier Lake. I agree that ALL the lakebome owners should have a say in the
activity of Lake Peltier and I believed, up until now, that this is what the Lake Association Board was all about. I expected if there was any
sort of controversy that a meeting would be held and those lakebome owners that wanted / could attend would be present to hear what was
being said and voice an opinion. I did not expect to hear that an individual, especially the President of the Lake Association, would prop'
restriction, without at least letting the rest of the lakeowners know about it and have a voice.
My husband and I decided to buy a house on Lake Peltier in the Summer / Fall of94. We both wanted to live on a lake and liked the
proximity of Lake Peltier as well as the fuct that there were no restridions. Friends of ours live on a lake in the Twin Cities area, where they
are restricted to skiing only at certain times, speed limits, one direction around the lake, etc.. We explicitly looked for lake homes without
restridions. We were both excited when we found our home and really enjoyed the view, the amount of property we were able to get, and the
fuct that the East side will remain uninhabited as part of the Rice Creek Watershed area. We bought this home, intending it to be permanent,
knowing we would enjoy the view as well as the motorized adivities on the Lake. Our plans were / are to encourage fumily activities and
watch our children enjoy the sports on the lake, the beauty of the lake, and to be respectful and neighborly.
I am by no means in fuvor of putting a No-Wake zone on Lake Peltier. This lake is small to begin with and what you are proposing is taking
up resources and area that we currently use. We do not slalom ski behind the island, nor is it in our plan to do this. In fild we hardly ever
choose to go behind the island and when we do, it is always at a no-wake speed. What you are proposing are changing the rules and taking
things away from us, that we have had access to in the past, the sides of the islands. I am angry, that as the President of the Lake
Association, that you chose to make these propnsals quietly. [will admit that neither my husband nor [ take a huge ao'live role in the Lake
Association, but when we do get flyers in the mail, one of us is usually able to attend the meetings and does so. Plus we have played a very
active role in cutting, contributing, and dragging weeds out of the water to increase the quality of Lake Peltier. I am saddened that we
couldn't have heard about this in a more team-oriented / constructive way.
[ do not know nor claim to be an expert on the Heron species, but r can say, that every summer we always have one banging out on our boat
lift (check the holes in our canopy) and on our dock, as do our next door neighbors. We watch them hunt for fish by our dock quite often.
We live on the Northeast side of the lake, where tbe houses are not so close in proximity. Maybe this is one reason, that we still see them on
a daily basis and you do not.
I am also saddened that you chose to attack some individuals on the lake and to spell it out in a letter. I would think the neighborly and a fur
better approacb would be for the Lake Association to get together and discuss this in a professional and non-hostile way. The people that
slander, are also the people who were kind enough to host the first Lake Association party. They are also our neighbors who have been ve .
kind and generous to my family at all times. The amount of time that I see them use the slalom course is not as large as you imply in your
memo. I will admit, tbat I do not go out and check to see ifthe course is sunken, nor do I go to check the North side ofthe island. To me, it
appears that they are always cordial and polite about putting it down and taking it back up. [would much prefer to have the slalom course
(which we do not use), in front of my house than have the No-Wake zone proposa!!!!
I do understand and know that people have different thoughts and ideas on what the use of the Lake should be. I have not seen a decrease in
the amount of Heron's hanging around our home, but once again, I am not an expert and do not know the species ofthese birds. However my
children, who are 5 and 2, knew what a Blue Heron was last summer and were no longer amazed when they saw one, since they saw them so
frequently.
I also understand that not everyone will agree on everything and that an acceptable answer is that it is ok to disagree. I have also been taught
that people can work out their differences and find a solution. No one that lives on Lake Peltier or serves on the Lake Association Board
owns this lake, nor should they have the ability to dictate what happens on this lake without the majority of the lakehome owners knowing
about this or agreeing to it.
I hope this issue can be resolved in a professional and constructive way. I apologize for the tone of my letter, but I still believe everyone on
the lake has the right to know what is being proposed, prior to the proposal and to voice their acceptance or disapproval of it.
Sincerely,
Shelly Farmerie
To \\'ayne LeBlanc and Members of the Lake Association Board,
.
After reading Wayne's proposal to the City of Centerville to impose restrictions on Peltier Lake, I was very disturbed. Many of arguments in
the letter are either invalid or pure opinion, yet it was presented to a governing body in an official manor to convince them to take action as a
result of it. Action that a large number of lake shore owners may not agree with. I strongly disagree with the proposed restrictions and I
w of several lake home owners that share my opinion.
I'll start from the top. Wayne states that a waterski course was constructed in a "sensitive" part of Peltier Lake. Sensitive? Why is it
considered sensitive? He said it harbors coontail and other beneficial aquatic plants. I was back in that "sensitive" area several times last
summer, and a large portion of it is covered with a disgusting green slimy algae. The weeds are so thick they are probably choking all the
oxygen out of the water. I don't see that area as having "beneficial aquatic plants". As for the coontail, when we first moved here in 1994,
the first couple summers it was common to find floating reed bogs (with coontail) that had drifled in to our lake frontage. Interesting, that
Wayne said "I have never seen before large floating mats of coontail aquatic plants in midlake or seen so many wash ashore like they did in
August." I couldn't disagree more. They were a menace. For the last several years (3-4?) the reed bogs have been rare. I don't see any
evidence of a waterski course damaging coontail. If the waterski boats are clearing a path through those weeds that were so thick you could
practically walk on them, I'd see that as a benefit.
OK, so put the weed argument aside. Wayne probably also thinks it is a sensitive area because ofthe Herons. Boat traffic in that area is
surely harassing those poor Herons. Based on what? Herons are afraid of boats? Is that why they sit on our boat lifl canopy every morning?
I don't believe for a second that the Herons were disturbed by boat traffic. We've seen them flying over all areas of the lake, boat traffic or
not. He claims their disappearance coincides with the presence of the ski course. Well as I recall, it was around the time that Wayne and his
select followers started publicly opposing the ski course (1999), that the heaviest population of the birds was observed. We continued to see
the heavy population of birds all the while the ski course was still in use. When they removed the course, the next year the Herons had left the
island. So the whole summer that the course was NOT back there, the birds were not inhabiting the island. Isn't it likely that they just over-
populated their nesting grounds and moved on?
Wayne said he believes huge amounts of silt were put in suspension by the ski boat traffic, and that the water quality this mil was the worst in
22 years, which he attributes to the ski boats. First of all, I disagree that Fall 200 I was the worst water quality. I remember it being much
worse the previous year (summer of2000), and that was the year that there was no slalom course north of the island. Second, he said he
"believes" the silt was put in suspension. No met, no evidence, just his opinion. Third, even if silt was stirred up, the weeds are so thick
back there I really think the water quality in that area would be severely hampered from migrating to the rest of the lake.
ne said after the sheriffmade them remove the waterski course they continued to set up the course in the same location. He neglected to
ion the sheriff gave them 2 weeks to remove it. They used it in the 2 week period. Later they moved it to 2 different parts of the lake,
which Wayne says caused hardship and restricted others from full use of the lake. He said "They essentially cordoned off their own huge
private area in what is supposed to be a public resource." I strongly disagree. The ski course was right in front of our house. We had no
problem boating through it. We saw plenty of other non-skiing boats go through it. The primary reason boats would avoid it was when
people were using it for skiing, and that is going to happen whether there is a course there or not. It is not "claiming" a section of the lake as
Wayne portrayed it to be. His argument of it reserving an area 2300 ft by 400 ft is quite inaccurate. The distance between the outside buoys
is 75 ft. How did the 75 get inflated to 400? It is because Wayne decided to give it an arbitrary 150ft buffer around the outside buoys. He
claimed that Peltier Lake is small, and this inflated 2300ft by 400ft area was taking practically 1/2 of the fishing area ofa 2000 by 4000ft
lake. This is also invalid. Even if you accept his inflated footprint, which in good faith you cannot, it doesn't work out to even close to 1/2.
Plus, I know of at least 3 other lakes:
Island Lake in Shoreview, Reshanau Lake in Lino Lakes, and Sunset Lake in Washington County, that are SMALLER than Peltier and have
had water ski courses on them. He suggested that Centerville Lake is a possible alternative for a ski course because it is much bigger in its
"usable area". To me that implies that north end of Peltier Lake (north of the island) is not usable. I disagree with declaring that area of the
lake as unusable. It is plenty usable with a water ski course back there. It is usable for boating around the island, and I don't feel like we
should be limited to no wake speed when we do so.
He also said fishing is virtually impossible around the ski course. Well, one of the lake home owners in our area stated that fishing was
improved by the area where the ski course was, because the weeds weren't so thick. There's nothing to prevent people from fishing in the ski
course area except when it is actually in use, which is a small percentage of time,
Wayne's letter portrays these indivuals as selfish and inconsiderate. Yet, these are the same people that were generous enough to host a Lake
Association Party, inviting every lake home owner on the lake. They are the same people that went to considerable time and trouble to line
up a professional weed cutter to harvest the Curly LeafPondweed which has exploded in population the last several years, I noticed Wayne
said nothing about that as a possible cause of diminishing water quality. These people are always willing to help their neighbors, and
Wayne's portrayal ofthem was innaceurate and unjust.
ottom line is that a decision like this that will affect all lake home owners should not be decided based on the opinions and comments of
0.." __.an. It should be based on a majority vote of all the lake home owners.
Sincerely,
Henry Farmerie
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CITY OF CENTERVIJLLE
ANOKA COUNTY, l\UNNESO'1I'A
OllUliUNANCE NO. 61
At'\! ORDINANCE PROVIDING FOR THE REGULATION OF ADULT ORIENTED
BUSINESSES IN THE CITY OF CENTER VlLLE; PROVIDING FOR THE
ISSUAJ.'fCE OF LICENSES MID COLLECTION OF FEES THEREFORE;
PROVIDING PENALTIES fOR THE VIOLATION THEREOF,
The City Council of the City ofCenterville does ordain as follows:
ADULT ESTABLlSHlVIENlS
S'e4:tnoill! iPmrpose lllllli [ntre,U.
Subdivision I, Findings It is the purpose of this 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
effect 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,
SlfctiO}II 2. Jl)elfiillitimis.
Subdivision i. F Of purposes of ,his section the terms defined in this section have
the meanings given them,
ADULIORD.\iVPS
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City of Center vi lie
Ordinance #6]
Subdivision 2. Adult I Jse 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 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 pertormance, depiction or description of Specified
Sexual Activities or Specified Anatomical Areas.
Subdivision 5. Adult Establishment. A.ny business which ofters its patrons
sef'/ices, 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 pi(.;ture 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 Pictare Theater.
(a) A theater in an enclosed building, from which minors 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) A.ny business which present motion pictures, from which minoe, 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 A.natomical Areas, tor viewing on
the premises, including but not limited to private booths, viewing by means
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City of Centerville
'Ordinance #61
of coin operated or other mechanical devices, and the viewing of excerpt of
motion pil,'iures offered for sale or rent.
Subdivision 8. Adult Modeling Studio. An establishment, which excludes minors
!Tom 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 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
distinl:,'Uished or characterized by an emphasis on depicting or describing Specified Sexual
Activities or Specified Anatomical Areas.
Subdivision 10. Adult Motion Picture Theater A theater in an enclosed building,
fr.om 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 Jive 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 Selmal Activities or Specified Anatomical Areas for
observation by patrons herein.
Subdivision I!. Adult Novelty Business. A business, fr.om 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.
Subdivision 12. Specified Anatomical :\r.e:m are any of the foUowing conditions:
(a) Less than wmpletely and opaquely covered;
( I) human genitals, pubic region, or pubic hair;
(2) buttock; and
(3) temale breast below a point immediately above the top ofthe
areola; and
ib) Human male genitals in a discernible turgid state, ~ven jf opaquely wvered.
Subdivision 13 Epecified Sexual Activities olr,~ allY of the following eonditions:
(a) All aei of se:mal intercourse, llormal or perlelted, acmaJ or simuiat"d,
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City of Centerville
Ordinance #6l
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 t1agellation or torture by or upon a person
who is nude or clad in undergarments or in a revealing costume or the
condition of being tettered, bound, or otherwise physically restricted on the
part of one so clothed.
(C J Masturbation or lewd e)dnbitions of the genitals including any explicit,
dose-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 11 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.
SectioD 3. Application nHhis Ordilllall1lce.
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, 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 pernlit any
other person to engage in any activity or conduct in or about the establishment which is
prohibited by any ordinance of the City ofCenterville, the laws of the State ofMirmesota,
or the United States of America. 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 linlited 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. [AlcatiGIII.
During the ternl of this Ordinance, no Adult Oriented Businesses shall be located
less than 500 feet from any residential zoning district boundar) or site used for residential
purposes, and less that 500 teet 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 ex.isting residential district boundary or site used for residential purposes,
church site, school site, day care site, park site, or another Adult Oriented Business site to
the nearest boundary of the proposed Adult Oriented Business site.
Sediolll 5. HmnJl's .1IIOJjl<e:re.lltimll.
ADULTORD.WPS
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City of Centerville
Ordinance #6 ]
No Adult Oriented Business site shall be open to the public from the hours of
J ]00 p.m. to 9:00 a.m.
Sedilllll 6. OJ?erlltiiln.
Subdivision J. Off-site Viewing. An establishment operating as an Adult Oriented
Business shall prevent off-site viewing \Jfits 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.
Subdivision 2. Entrances. All ."ntrances to the business, with the eJtception of
emergency fire exits which are not useable by patrons to enter the business, shall be visible
from a public right-ot:way
Subdivision J. Layout. The layout of the display areas shall be designed so that
the management of the 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. lIlumination. [llumination of the premises exterior shall be
adequate to observe the location ,md 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.
Sedilln 7. iLicrenses.
Subdivision I. Licenses Required.AJ] establishments, including any business
operating at the time this Ordinance become d'fective, uperating 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 if he or she operate an Adult Oriented Business
without a valid license, issued by the City.
Subdivision 2. Applications. AJ1 application for a license must be made on a term
provided by the City
(al fhe applicatlGn must be accompanied bya sketch or diagram ghowing 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 designated scale or drawn
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City of CenterviJle
Ordinance #61
with marked dimensions ofthe interior afthe premises to an accuracy of
plus or minus six inches.
(b) The applicant must be qualified according to the provisions of this section
and ,he premises must 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 for license shall contain the address and legal description of the
property to be used; the names, addresses, phone numbers, dates of birth,
of the owner, lessee, if any, the operator or manager, and all employees;
the name, address, and phone number of two persons, who shall be
residents orihe State oflVlinnesota, 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) [f 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 lor
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.
Ie) 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 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 agreemems, security
agreements, and any other documents establishing the interest of the
pJ)ULTORD.Wl'S
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City of Centerville
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 involving any of the following
offenses:
(1) Any sex crimes as defined by IVIinn. Stat 609.29 through 609.352
inclusive or as defined by any ordinance or statute in conformity
therewith;
(2 j 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:
~ !ess 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
.. !ess than five years have elapsed since the date of the last conviction
or the date of release from confmement 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 tor 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.
(3) The fact that a conviction is being appealed shall have 110 effect on
disqualification of the applic:Jr..t Of applicam's spouse.
,
Subuivisionj. R.,;qualitiQUioo.,An applicant who. has been convicted of an
otfense listed in Section 7, Subdivision}l (gtNnay qualify for an Adult Oriented Business
-.
license only when the time period required by Section 7, Subdivision] (g);has elapsed.
7
Subdivision { Posting The license, if granted, shall stale on~ts tace the name of
the person or persons towhorn 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.
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Subdivision 'IS Conncil Actioll.lhe City Councii shall act 10 approve Qr
disapprove the license application within 120 days from the dare the applicaticlI wa~
ADULTORD. WI'S
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City of Centef'iille
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.
Subdivision J Appealg 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.
Sectiolll iI. .&l:s..
Fees shall be set by City Resolution on the fee structure.
Sedioill 9. [l1Inpedilllll.
Subdivision 1. Access. An applicant or licensee shall permit health officials,
representatives of the police department, fire department, and building inspection di,! Ision,
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. Refilgal to Permit Inspections A person who operates an Adult
Olienied 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 11.
Subdivision 3. Exceptions The provisions of this section do not apply to areas of
an adult motel which are currently being rented by a customer for use as a permanent or
temporary habitation.
Sectilll1l l,t Expir3d:!0i1l "n-dl Rem~wllli.
Subdivision I. Expiration. Each license shall expir,e 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 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 of a license, the
applicam shall not be issued a license for one year from the date of denial. If, subsequent
10 denial, the City tinds that the basis tor denial ofthe renewal license 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.
Slecti'l!1l H. S'!3!l<CmlsimH.
ADULTORD. \i\/PS
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City of Center vi lIe
Ordinance #61
Subdivision!. 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 Hotel or Motel.
(c)
Refused to allow an inspection of the }\dull Oriented Business Premises as
authorized by this chapter.
(d'
. )
Knowingly permitted gambling by any person 011 the Adult Oriented
Business premises.
(el
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 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
Section 12. Revocation.
Subdivision t. SUfll)enrled Licenser.. The City may revoke a license if a cause of
suspension in Section 11 occurs and the license has been suspended within the preceding
12 months.
Subdivision 2. Canses of Revocation. The City shall revoke a license if it
determines that:
(a) A. licensee gave talse 0f misleading intormation in the material submitted to
the City during the application process;
(b) A licensee or an employe:; has knowingly allowed possession, use, or sale
of contro!!ed substances on the premises;
(,~} A licensee Of an employee has KnowingJy allowed prostitution on the
premIses;
{d) A iic,cnsee or an ,:r.1plo:yee kl'10"Nh1.gly Gp;;;rat~d the ~\dult Oriented BU3iness
during a period of time when the licensee's license was suspended;
;lJ)Ul~ fORD. WPS
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City of Centerville
Ordinance #61
(e)
Alic;jlsee has been convicted of an offense}ist~d in Sectio? 7, Subdivision
;z. t1(g)1, for which the time penod reqUIred In SectIOn 7, SubdivIsion ?,(g);1tas
not elapsed; -
(t)
On two or more occasions within a !2-month period, a person or persons
committed an offense occurring ip or on the licensed premises of a crime
listed in Section 7, Subdivision J(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 . App<:al:i. The fact that a conviction is being appealed shall have no
eftect on the revocation of the license.
Subdivision 4. ExceptiQllii 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 Shallllot 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 hasheen
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);has elapsed.
1
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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 ofihe 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
Sedioll1. il3. T,.:illl1lSrfeT .~t' IT .ice!1lls<e..
~\ licensee shaH not transfer this lic~n;:}e to another, ner shall a 1ic~:nsee opelat~ an
Adult Oriented Business under the authority of a license at any place other than the
address designated ill the application
Sediml 14. Se'j'~!l'.'Ii\}illi;Y.
ADULTORD.WFS
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City of Centerville
Ordinance #61
Every section, provision, or part of this Ordinance or any pemlit 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 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
.' .., , , /995.
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"'-~ ~/ "r /~--.J
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Tom Wilharber, Mayor
ATTEST
Trodi Breuninger, ~8fiUltCity Clerk
ADULTORD. ''\/PS
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Research and Information Service
3-16-5: GRANTING oil .DENIAL OF LICENSES..
AND CERTIFICATES.
A. Annliellt:inn.Ruism. License applications shall
be reviewed by the Police Department and 8U~<t
other departIQents 8S the City Administrator,"
shall deem necessary. Licenses shall beisaued~y ~~
the City Ad~8tra~r. If the City ~~~~:-~1, ".~"' _,,_, .
tor refuses to lUue a hC8D.!Je, the decIsion maybe, '_~" -. .,Office ()r e~
appealed to t:he City Council. .: :"./~~,;:'~ ,./T~#~~~O'@,~_'
a, Im:mgf~ A license pennittingtbe AAlJi~' '~D. !COp:aCtla~;~' ~""I
thereof to practice or administer maassge ooiD'::'<": , .~ ~~tuae:tit; ..:DY~c.~ ". , "~'=f'
marcially is nonrenewable and nontratlsferabllf '~'ir""u"~;~'iIt~y: ....-'"'.~~~:~, "c...' ,
~:..:~~~m.::,~.';;'.;:~~~1::~..,.:~;':'.~~~~~~~~'ro!~~.._~1~~~l;~~~~1t.".~1
_to admuuster or practice massage for thesa:(:;;:~I'-" ,'S.UJ.i.9:,'EXCEPrJONS. ~.:.~,. ':1...;'t.r',~,:~
ceeding year, All, licenses shall be issued Cor'~;r; .,,:'1(. ,~ ontinaIlCtl_doe;'DOt ;p~iy.to;_~'~,;", ~ . .,
. ~nn expi~g o~-December 31st foUowi,nt'j,~,J'~~;:~~'!;P~re9.pra~'~~8iiage'a~a" ~- I
188uance .' , '. --"..,....r:'~ "lnorliO -,' .tIte",:,;;!.i-".i.;.t~..,....:.,. . " I
. ""':;;:_.'\'~"~~ ,!;!1,~"j~caM-<'I~poro . r_~"u~~I9.r; a.'
. '. . - .' -";'-.'~((;"-~,,';t1~~l)r~ofhumanbeings' .'S-, _
3 16-8. LICENSE AND ~.STIGATION E!!:E~",:::~;: P"!vWOa8 o(,l\fin;L. 'Stool. ;<f;i;\44.50"ilhrOugh.
. The llcenae ~d lnVestir8~oJ;l fees eball. 8. ~l' ,~'~ f~1-U.69. 'J . -~.:, :::ri"(hti l;":~".~"-~H-".~...-.:' _:~~.:;..':;-. ."
lished by resolutioMftbe CIty Council. .", -,' '.,.,,~>~. , . ~" ."'.-' ,"'..d::'J,,"y,.......'~':~'i~l: 'I
. - , ._~:'.iI":".-.' B.--By. Iicimsed nurse~;lleellSeC\,~doctor:
3.16-7:CONDITIONSGOVEllNlNGlSSUANCEOF_', .U"-p,odi.trlat,U,~d.!'h~p~ Oi;~
A LICENSE. . . . . ".. i...'" . "'hoaItbcareprof'aalowilU..nBidb.vtl.t~ta
A. ADDllt'.JInt Licenses shall he issued ~nIy to ~,:;-- ... MinnesOta. or by sOmeolu{eropiOyed b7"iniCti,:;"
.. ;::o~~:'~~~~i::= .:'h:'&::.;&"" ".'~~v!d~ an1~~1...~~!r_~ioll.
communi,cable disease. - ;..;;,~~>.,;: ~ ;'~ 2...1'h:f.s ~rdiQaDce 8hal1'b8.e<<~~ iDimedi~
B. ~.awl C9rlifieRtinn. LicenSes may b6~i, ':..~liupon itBpaaiap~a PuJ)~*kS;~:~"'.'
sued only-to penwns who have completed at leaSt 'I, -,.:~AD9~ this ~5thday of AIJi'U8t. 1994;ttif the
one hundred (100) hours ot training in massaptti9,.90~ of the City of Lakeville.. - .,;.;'_~'': _:
and have been certified by the American let.&-' CITY OFt.AkEvir..tE
sage,Therapy Auociation. :." ':.t:',~': ">'jc,~.~. _ ,:-B,T.~,~~'R;.Zao:Q,t~r
c. .eiisu: !ltrmw:I.:L1eenses may be issued onJy to'~';~.:~~;~c,:, ;;:;~.~. _ . ''''~-;:.~''',~ :"" ~ '":''' :'.-,~. :.~ -~":';4msr:
.~rsoD8 tree frOm convictions or offenses whicb ::':,';''-:~;~;;\).;;:~J; . (~e ,~riedges.City-Clerk
lnvolve mora1.tu.rpi~de or whi~ relate directly ~~~~16~,~..'~22. UlNJ-": "_
to the person s ability, capaeJ.ty, or fitness to .
perform the duties and discharge the responsi.
bilities of the oq:upatioIl. .
D, &iw: RAvn.-.tinn Licenses may not be issued to
pel'5Ons who, within one year prior to the datt or
application. have been denied Ucensing or Who
have had their license revoked' or suspended by
any community, political entity. or by the State
. of Minnesota.
E. CnnnArlItinn Dl Annliellnt Licenses may be is-
sued. only to persons who have tully and truth-
tully answered all of the Information requested.
in the application and have paid the fulllicenae
Cee aud invest.igatio'o. fee,
F~ An, Licenses m.ay be issued only to persons
eighteen (18) years of age or older.
.
LMC
lHgll. of Mi,."uoId emu
Citi.. 1"''''''''''9 -..0-..
"h j\.;~"\OlID. .~..'.CENO.~
t\ \\~{:iTv6~
. ,DAKO'tA cobNTY. MINNE '...
'AN ORDINANCE AMENDING TITLE s' OFTm;;.
. LAIlli:VILLE CITY CODESY ADDING':,
"CHAPTER 16CONcEaNlNG LICENSINGOP. -
,~ PERSONS WBOADMINISTElUL~S~'4-PE8"", ..
THE CITY COUNCIL OF THE CITy OF:
LAKEVlLLE ORDAINS: . . ,-',. .
. SP.cl:inn 1 Title 3 of the Lakeville City Codels .
amended ~y adding Chapter 16 to read: '.
3-16.1: PURPOSE. -._ ..-:...,
~ ~bt8mAnt In order to protect the public
health. safety, ao.d welfare and to guard ag~inst:the
ini:8ption and transmiasionofdisease, the CltyCoun-
cil deems it necessary to ,provide for the regulation
and licensing of persons who adntinister ma~. '.;
. .I' -.',: _....~,,- ,-
3.16.2' DEFINITIONS. . .' ., ..
A1J ~sed in thia Chapter, the terms defined. in this
'~ction shall have the foUowing' meanings ascribed
to them: '''', -,' ,'. . _ ;.~,~:.~,"
Ma.sStJge:The rtlbbing. stroking, ~eading._tap-
ping or rolIingofthe body of another with the handa-, '~.
or objects for the 8J;clusive purpose ofphyaic;:alfit-o;~"
ness, rel.ustion, beautUu:ation, and Cor DO other
purpose. . . . .
Masseur: A male person who practices or a~min-
isters a massage. .
MlJ8Stuse: A temale person who practices or ad-
ministers a massage. .
3-16-3: LICENSE REQUIRED.
No person shall engage in Qr hold himself or
herself out as being engaged in the practice of mas~
sage nor shall any person administer or practice
massage commercially or for hire. Or for the ex-
change of any vaJu~ble considera.tion wi~out r~
having obtained a hcense as he"lD proVlded.,_._:c'--' .
3-16-4, CONTENTS OF THE APPLICATlONFoR
LICENSE.
A. Ew:ma. Applicatioo. sball be rnade on Corms pro-
vide4 by the CltyAdminiatratol':"_ . .... ,: ~;',
B. AnnHestinn: The,spplication shaJl c::oniain--,the;-
following inCormation together with -any other
Infonnatil?D which the City Adminis~ator ~ay '~
requint:
1. Evidence of the appli~ant's training and eer--'
tifieation by the Amarleau Massage Therapy
Association.
2. Evidence of applicant's practical qualif'1ca-
tions to practice massage,
3. Evidence that the appUcant is of good moral
character.
4. The names and addresses ortwo persOl15 who
are residents of Dakota County and who can
attest to the applicant's character.
5. Statement disclosing whether the applicant
ha$ ever been convicted of a crime or offense
and. if so, information as to the time, place,
and nature of such crime or offense.
-6. Evidence that the applicant is at least eigb~
teen (18) years of age.' i ".'
Classification
Municipality
Date
3-16-8: REVOCATION, SUSPENSION OR
NONRENEWAL OF LICENSE. '
The license may be revoked, suspended, or not '
Moe-wed by the City .Administrator by shoWing that
the llcenaee haa eneaged in any of the foUow1.Qg
conduct:
A. Fraud. deception, or misrepresentation in con-
nection with the securing of the license.
B. Habitual drunkenne&s or intemperance in the
use of drop, inclUding but not limited to l:.he use .
oC d~gs defined io. Gtther 26 U.S.C. ~ 4731 or
Minn. Stat. f 152.02, barbiturates, hallucino-
~eniC drugs. amphetamines, benzf:ldrlne
'dexedrine,orothersedatives,depressants stimu:
ants, or tranquiUzera. '
MA'<-27-2Il01 18: 02
612 985 4499 P.02/04
.
CITY OF LAKEVILLE
THERAPEUTIC MASSAGE PRACTITIONER
LICENSE APPLICATION
(Type or Print)
Applicant Name
First
Middle
~ast
Home Addres.
Street
City
State
Zip
Telephone Number (including area code)
Dati: ofBlrlh _1_1_
How long have you worked as a massage practitioner?
List p!ace(s) .of employment in this field for the past five. (~) yearS; include addresses and telephone
numbers:
List y.our present employer. ader... and relephone number:
Have you been licensed as a massage therapist in another munlcipaltty? Yes_ No_ If yes,
\Vhere
When
Have y.ou ever been convicted of any felony, crime or violation cf any city or<linance oilier than trsffic
rela:ed? Yes '10
If ye., please ~ete .the fallowing:
Date of arrest
Municipality of anest
Charge
Dale of coovietio;'!
Sentence received
//11/9$
~IAR-27'-2001 10' 03
612 985 44'39 P,03/04
.
Have YOll ever had a li~nse deni&!, revoked or suspended?
If yes, please cOIllplerc the fOllowing:
Where? Wl1en?
Type of license
Reason for novocatloll
Have you ever been committe<;! for one of the following?
Psychological prObJell'li_ 1l1ebrialion_ Dcui Use_ AlcollOllJse_
Other
A! wlul.t location(s) in the City will you perform massages?
WUll'OU be le-asing projletl)i for tllerapeutic Il1iIssaga business? Yes_ No_
If yes, please provide a copy of It.e lease lIIld the owners name. address and telephone number:
List tile name alK! address of two person. who are residents of Dakota COWl!)' who can altos! to your
character:
Telephone :0<0.
Telepllone No.
Please provllle your prlncipal address for the last 10 yeats:
Have you received forma! !l'3ining in massage) Yes_ No_
If yes, please complete L'le follOWing:
Name of School and Address
DalOs at!ended
Hol.IIs of training
Diploma received
By whom is the school accredited'?
L_____ _ _
NAR-27-21301 10: a3
612 985 4499 P.04/04
~
Pleue reed the following statements cflIl:fully.. By signing below, you agree 10 and are bound by each
item.
· I have received from the City of Lal::eville a copy of the Therapeutic Massage Ordinance and will
fllllllliarize myself with its provisions.
. r understand that a criminal convlctiOll Willl1O! bar me from oblllining 3 llcense unless the
conviction Is directly related to the occupation for w!tich the license is sollght and there is no
showlllg of sut!lclent renaoUiUlnOD and presentlltlless III perform the duties of me occupation. I
u.ndersWld that faUure to reveal a criminal conviction is falsifICation of the application and
constitutes irlllJDds for delllal of the li>:ense.
. The informadon I have provided on this appllcation is trUthful. I authorW: (he City of LakeviUe to
investigate the Information and COUW:1 person.s!OlllanizatioDs Damed OD this application.
Signature of Applicant
Subscribed and sworn to before me. a Notary Public, on [his _ day of
Notary Public
Attach aloDg With this applicatioo;
(These items will not be returned to the applicant)
1. Eviden>:e of dte :lppiicanr's educatlolUll qualifications, including orieinab or certiried
copies of deiIees, diplomas amI certificate from a certified school where this training
was received
:2. A recent photograph
3. Copy of birth certificate or naturalization papers
4. Copy of lease for building to hOU$e business (only if renting)
Return completed appiication, along wltll attachments, /0 the City Clerk's office at City
Hall, 20195 Holyoke Avenue, between the hOI,Jf$ of 8:00 a.m. and 4;30 p.m., Monday
through Friday
TOTAL P. 04
MAR-27-2lil01 1:3: a2
612 98S 4499 P .1a2.'Ql4
,
CITY OF LAKEVILLE
THERAPEUTIC MASSAGE PRACTITIONER
LICENSE APPLICATION
(Type Or Print)
Applicant Name
First
Middle
Las!
Home Address
Street
City
Stale
Zip
Telephone Number (ineludlnj: area code)
Date of Birth _1_1_
How long have you worl<zd as a massage practitioner?
List placets) of employment in this field for the past flVe- (5) years; jJ1(Jude addresses and tel~phone
numben:
List your present employer. sdmess and telepllene number:
Have you been licensed as a massage therapist in another municlpahty? Yes_ No_ If yes.
'W'here
When
Have you evel been convicted of any felony, crime or vloiatlon c{ any eil)" otdinance other man traffic
rela:ed? Ves No
If yes, please eomplete ,the following:
Date of meSI
Municipality of arreSI .
Charge _
Dale of convlc!ioil
Senlfnee reeeived_
1/11/9&
MAA-27-2001 11;): e3
612 985 4499 P.03-'04
,
Have )'011 ever had a license denied, revoked or suspended?
Ii yes, please complete the followiilll:
Where? When?
Type of EcellSe
Reason for revcx:atlon
Have you ever been COmmilted for one of we following?
PS'jchological problelllS_ lnebriation_ Drug Use_ Alcohol Use_
Other_
At what locatlon(s) in me City will you ])alform massages?
wm you be leAsing property for illerapeutic massage business? Yes_ No_
tf yes, please provide a copy of tte lease and the OWIlllU name. address and telephone number:
List the natl'l~ and address of IWO persons who are residents of Dakota Counry who can amm to your
character:
Tel~phone No,
Telephone No.
Please provlae your prJncipal address for the last 10 years:
Have you received formal traJnlng in massage? Yes_ Na_
If yes. please complete L"e following:
Name of School and Address
Dales attended
Hours of training
Diploma received
By whom is the school accredited?
Ni'l'<-27-213ill 10' e3
612 SSS 4499 P.il4/il4
PleMe rlllld tile following .tatements carefully.. By signing below, you agree to aJlli are bound by each
item.
· I have received from the City of Lakevillcl a copy of die Therapeutic Massaie Ordinance and wili
flIlniliarize myr.elf with il$ proVi3iolU.
· ! understand tha.t a criminal conviction will not bar me from obtaining a license unless the
convi<tlOll is directly related Ie the QCcupallon fer wblch the license is sought and mere is no
showing of sufficient rehabilitation and present fili\e33 to perform the duties of me =padOIl. I
underslan<l that failure to reveal a criminlll conviction i3 !alsific~tlon of the application and
constitutes &roUnds (or denial of the license.
. Tbe informadon I have provkltd on this 3ppllcatloll is truthful. I authorize ilie City of LakevUle to
investigate the Information and contact persons/organizations Damed on this application.
Siplllre of Applicant
Subscribed and sworn to before me, a Notary Public, on this _ day of
Notary Public
Attach along With this application:
mese items will nor /Je returned to ehe applicant)
1, Evidence of the applicant's educational qualifications, inCluding oriiioals Ot certiried
copies of deil'ees, diplomas and certificate li:om a certified school whercthis training
was received
2. A recent photograph
3. Copy of oirm certificate or narurali2ation papers
4. Copy of lease for hili/ding [0 house business (only if renting)
Return completed application, along wit.1! attachments. 10 ths City Clerk's office at City
Hall, 20195 Holyoke Avenue, betwsen the hours of 8:00 8.m. and 4.30 p.m., Monday
through FrieJay.
TOTAL P.04
FEB-2e-2\O\l2 13:e9
LEAGUE OF MN CITIES
P.la..-34
,
CHAPTER 114: TATTOO r\.ND BODY PIERCING SERVICES
Section
114.01 Defll'litiollS
114,02 Prohibitions
114.03 Application for license; fees; issuance
114.04 Inspection of fae-Uiues
114.05 Suspension or revocation of license
114.06 Consent for performing procedures Oil persons under 18
114.07 Prohibitions relating to persons l1IlCler 18
114,08 Defenses to violations
114.09 Training standards; records; safety and sanitation; equipment
fi 114.01 DEFINITIONS.
For the pUrPose of this chapter. the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
BO.4RD OF HEALTH. A Board of Health established under the provisions of M. S. ~ 145A.03,
as it may be amended from time to time. If the city (joes not have a Board of Health, then this term
melUlS the authority having the duties of a Board of Health in the city, including but not limitec1 to the
County Board of Health.
BODY PIERCING. Includ.es ear piercing except when the ear piercing procedure lli perfonncQ with
an ear piercing gun.
BUSINESS. Any entity that provides services for compensation.
EAR PIERCING GUN. A mechanical device that pierces the ear by forcing a disposable Sillile-use
stucl or solid neeclle throuih the ear.
GUARDIAN. Has the same meaning as in 9 130.15.
PARENT. Has the same meaning as in 9130.15.
TAITOO. Bas the same meaning given in M.S. ~ 609.2246, Suoct 2, as it may be amended from
time to time.
19
FEB-2S-2802 13:10
LEAGUE OF MN ClilES
P.ll/34
.
20
Minnesota Basic Code - Business Regulations
~ 114.02 PROHIBITIONS.
No person shall do any of l.b.e following:
(A) Operate a business that offers tattooing or body piercing services unless the City Council i.sues
it a license to do so;
(B) Perfonn a tattooing or body piercing procedure in a manner that does not meet the safety and.
sanitation standards establishe4 by this chapter and any federal, state or local laws, rules or regulations;
(C) Perfonn a tattooing procedure, body piercing procedure, or ear piercing procedure with an ear
piercing gun in a maDDer that does not meet the standards far appropriate disinfection and sr.erillzatlon
of invasive equipment or parts of equipment used ill 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 information the city and 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 as it may be amended fi'om time to time, or as established by
the Board of Health.
(B) To receive approval to offer tattooing or body piercing services, a bl.lsiness must c1emonslIate
to the Board of Health the ability to meet the requirements established by this chapter and any federal,
state or local laws, rules or re&ulations for safe performa.nce of the tattooing or body piercing
procedures, training of the individuals who perform the procedures, and mamleIlaDte of records.
(C) If the Board of Health determines, following an Inspection conducted under ~ 114.04, thaI a
bl.lsiness meets the requirements for approval. it shail so advise the city. The City Council may either
approve or deny the license, or it may delay action for a reasonable period of ti.tne as necessary to
complete any Investigation of the application or the applicant it deems necessary. If tbe 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 \lenia! shall be iiven to the applicant alan!: with notice of the applicant's
righllo appeal the City Council's decision. Approval remains valid for one year unless earlier suspended
or revoked under ~ 114.05. A business's approval mal' be renewed. Approval is not transferable.
Penalty, see 910,99
FEB-28-2002 13:11
LEAGUE OF MN C I Tl ES
P.12/34
~
Tattoo aI1d Body Piercing Senoices
21
t U4.04 INSPECTION OF FACILITIES.
The Board of Health, or a person or another body acaiillcd by the city, shall conduct alleast one
inspection or a business prior to approving the business under ~ 114.03 to offer tattooing or body
piercing services. The Board may collliUCt additional inspections as necessary for the approval process.
The Board of Health may inspect an approved business at any time the Board considenJ necessary. In
an inspection, the Board of Health shall be given access to the business's premises and to all records
releV8J1110 the inspection.
Penalty, see ~ 10.99
~ 114.05 SUSPENSION OR REVOCA1l0N OF LICENSE.
The City Council mil)' suspend or revokc the approval of a business to offer tattooing or body
piercing services at any time it determines thaI the business is being operated in violation of this chapter
or any felicra!, state or local laws, rules or regulations. Proceedings for suspensions and revoclltions
sball be conducted in accordance with rules adopted in Chaplet 110 for the suspension or revocation of
business licenses.
i 114.06 CONSE!'.'T FOR PERFORMING PROCEDURES ON PERSONS llNJ)ER 18.
(A) No person shall perform a tattooing procedure, body piercing procedure, or ear piercing
procedure with an ear piercing gun on an in<lividual who is Illlder 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-CU$todial parents. where applicable.
(6) A parent. guardian or cusrodian of an individual UDder age 18 who desires to give consent to
a business to perform 00 the individual uoder 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) Appear 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 methods ior proper care of the affected body area following performance of the
procedure.
Penall.)', see 9 10.99
~ 114.01 PROHIBITIONS RELATING TO PERSONS UNDER 18.
(A.) (I} unless consent has been given in accoraance with ~ 114.06, no indiviclual who Is under age
18 shall obtain or anempt to obtain a tanooing service. body piercing serYice. or ear piercing service
performed with an ear piercing gun.
FEB-28-2011l2 13: 11
LEAGLE CF 11, CITIES
p, 13/34
v
22
Mi>>.nesota llasic Code - Business Regulations
(2) No individual who is under age 18 shall knowingly sbow or give false informatioo
cOll.cer.nlng the individual's name, age, or other idemificatioll for the purpose of obtaining a tattooiIlg
service, oo.1y piercmg service, or ear piercing service performed with an ear piercing gun,
(B) (1) No individual shall knowingl~ show or give any false information as to the name, age, or
other identification of an individual who is under age 18 for the purpose of obtaining for the individual
under age 18 a tattooing service, body piercing .eIVice, or ear piercing service performed with an ear
piercing gun.
(2) No individual shall impersoOlltc the pareut, 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 piercin& service performed with an ear piercing gun.
Penalty, see ~ 10.99
f 114.08 DEFENSES TO VIOLATIONS.
(A) An operator or employee of a busmess that performs tattooing services, body piercing services,
or ear piercing services performed with an ear piercing gun may not be found guilty of a violation of
~ 114.06(A) or any federal. state or local laws, rules or regulations in which age is an element of me
provisions if:
(1) The individual Obtaining a tattoomg service, body pierclni service, or ear piercing service
performed with an ear piercing gun, at the time of so doing, exhibited to the operator or employee of
the tattooing, body piercing, or car piercmg 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 II bona fide effort to ascertain the true aie of the individual
obtaining a tattooing, body piercing, or ear piercing service by checking the identification presenll:d. at
!.be time of the service, to ascertain that the description an 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 II tattooing.
body piercing, or ear piercing service was at least age 18.
(B) 1n any action or proceeding before a court of record in which a defense is raised under this
section, the Registrar of Motor V chicles or the Registrar's Deputy who issued a driver' 5 or conunercial
driver's license or an identification card shall be permitted to submit certified copies of the records. in
the Registrar's or Depury' s possession, of the issuance in lieu of the testimony of the persol1llel of the
Bureau of Motor Veblcles at the hearing, action or proceeding.
FEB-28-2Q1iJ2 13' 12
I..EAGUE OF ~IN CITIES
P.14/34
Tattoo and Body Pi.er;:in: Servif;ell
23
~ 114.09 TRAINING STANDARDS; RECORDS; SAFETY AND SANITATION; EQUIPMENT.
(A) Each operator of a business that offers tattooing or Oody piercing services shall do all of the
following:
(1) Maintain procedures for ensuring that the individuals who perform tattooing or body
piercing procedures are adequately tralned to perform the procedures properly;
(2) With respect to tattooing services, maintain written records that include the color,
manufacturer and lot number of each pigment used for each tattoo performed;
(3) Comply with the safety and sanitation requirements for preventing trlUlsmission of
infectious diseases, as established in any federal, state or locall?i""s, rules or regulations;
(4) Require the individuals who perform tattooing and body piercing procedures to disinfect
and steriliLe aU invasive equipment or parts of equipment used in performing the procedures by using
methods that meet the Qisinfection and sterilization requirements established in any federal, state or local
laws, rules or regulations;
(5) Ensure that weekly tests of the business's heat sterilization devices are performed to
determine whether the devices are functioDing properly. In having the devices tested, the operatOr of
the business shall use a biological monitoring system that indicates whether the devices are killing
microoriariisms. If a test indicates that a device is not functioning pIoperly, the operator shall take
immediate remedial action to ensUre that heat sterilization is being accomplished. The operator shall
maint3.in documentation that the weekly tests are being performed. To comply with the documentation
requirement, the documents must consist of a log that indicates the elate on which each test is performed
and the name of the person who performed the test or, if a test was conducted by an independent testing
entity. a eopy of the entity's testing report. The operator shali maintain records of each test performed
for at least twO years.
(B) Each operator of a busillesa that offers ear piercini services perform eel with an ear piercing gun
shall requirl: the individuals who perform the ear piercing services to disinfect and sterilize the ear
piercing gun by usIng chemical solutions that meet the disinfeCtion a.!ld sterilization requiremems
established in any federal, state or local laws, rules or regulations,
Penalty, see & 10,99
L _ _ _ _
U1c
u,ag". of Mill,....ol. em...
Citiu promoting~"
,t.-. ClTYOJ'FOREST~';~'
1\ ORDINANCE NO;448';r.:
AN ORDINANCE TO LlCENSE'AN!I
REGULATE SAUNAS AND MASSAGE
PARLORS IN-T!IE CITY OF FOREST
'LAKE. . ... ',,;
The City Coonci1 01 the City 01 F_
. Lake, Minnesota hereby ordains: ",- \ ;i-
! That Chapter 29 of the City COde Of ~
City of Forest Lake Is bemby ~
and a new Chapter 29ls substituted Iialfi
plaeeas fOllOWS,: ' -,~,~.;..'
CHAPTER ..-""
SAUNA AND MASSAGE PARLOBst
Sec. ....1 STATEMENT OF POLIcY"
The City Coonci1 01 the City 0I~'
Lake deoms it ...,.,...y 10 prooldef<<'
lbe spedal and 9pn!fIS. ..guJa.U U;ciqli~>;<<'
busi.nesses or eommercla1 eu~,
which operate as m.assap parlors' i8.1i-~
nas and similar adult orieatated~'
e!l operating under dif(enutll8lliii:Iii'
order 10 protect the publJe be.lIb.IiJe!t.
and weUare and 10 guar<I agaloIt lIii"".
ceptlOD and traftsmisaloa of cUsease:'$,
City Cooncil lurther!lnds lIlat ~,
da1 enterprises such as the - ~:
scribed .bove, and aU otbl!r ,. -",'.
establishments whose serVIceS: ~'
_OIlS offered Ioadulla,~, ,,' .~
private by members of the SlIIIli&" '-,
OJlIlClOile sex. and employlac .,..
will... speelalized _ are . ," '
tible to operation in a II1llDQer ~~
_. aubvertiog or _........lbO
morals 01 tho _."",ity '" b<lItg;~
site of acCa ol ~!Outlon. Dlicit sez Alia
occasions of vioIMfClimet. U:iu.'-~-'
log close I~. u....itDc and...
talion. ":;~"',;-('~.:i"");,::~
The City 90undl also. fiDds _ that Cait-
ti-ol amI' regula.tiao of. eommefdal
estabUshments of these types, In vieW of
the abuses-often perpetrated, require ill-
tenslve efforts by the PoUee ~
.nd other departments ol the City. All a
CM$equenee, lhe concentrated use at
City services In such control detracts
[rOm and reduces the level at service-
avaUable to the rest of the commtUlltY
and thereby diminishes the ability of the
City to promote the general health, wel-
fare, morals'and safety of the commwd-
IY.
Set. 29.1l2. DEFlNlTIONS
As lISed In this Chapter the terms de-
nned shall have the meanings 118cribed
to them. .'.
(al Busineu License: A license issued
by the City autborizing the practlc~n*
administering oC, masaage or the opera-
tion of a sauna on prell1iaes witbla the
C:Ity of Forest Lake. . - j
(b) Massage: The rubbing, -.trokiag.
kneading, tapping or rolling 0( Uti' body
ut another WIth the bands for thll excJd.:
slve ptU"pO:fC 01 physical fitness, feJu.
ation, beauUficatlon and for no other
purpose. .
~-
Research and Information Service
(c) MasNge Certificate: A certificate
issued by the City to a m.asaeur Or mas.
seuse authOrizing tile. bolder.lbereot to'.
practice or,"administer. massBge in tho
City of Forest Lake. . :,' -
, Cd) Mass.ige Parlor: Any premiseS at
or in wbicbmassage is perf~. , .'
(e)~:AmaJe~wJ:lopr~c.
tices or adDi1msters massage. -'--. ","
(l) M.......' A lemale pen<m _
practices oridminlstera massage.
(g) Saun:l: A steam bath or beat bath- '
ing t'OOm uSed {or the purpoie or bath-
Ing, relaxlni'!< reducing ulilJzing steam
or hot. air 81 a cleaning, relaxing or re-
duclngage.i. '.' ,
SeC. t _, 29.03MASSAGE
DISTINGUl!8ED
The practice of massage I.s hereby de-
clared to be dlstiDct from the_~cttc:e of
medicine, sUrgery, osteopathy; Cbiro-
practlC, pb~1 therapy, or podiatry
and persomtdulai.licensedin this stale to:
practiC& m~; ~urgerr, OsteOpa,tby/
chiropractic, physlciaJ therapy; Or podia..-
try, and nurses who wort solely ....~
thedlrection alsucb~_ are~l.'-"
expressly e~J~._lI!t':'~!f:si~_..
of this Chapter.- -Beauty -eu1tuiists aDd
barben who do not give. 01' bold them-
selves out to give, maasage treatinerits~
as defined herein, other than is CU51-
arlly given In sueh shops or places,' .
businesS, for the purpose of beaut.l!l,.,~:
lion only shall be exempt from the~!
siODll oC this Chapter. . ,,-,:~~(.:
Athletic dlrectonl and traiDers"!WI'i
perform massages m \he course ~.~~.:i
athletic program or event which b.~"
sored by a local unit oC govemmcnt,~.,:
na fide educati-oaal l.asUtutlol\ comvlY':I\
log with state or local regulations, bona
fide churches, synagogues or btsl1tu....
Uooa 0( arganlzed. rellgion or bona Ode,
non~profit civic organizations are ex.
pressly excluded from the .requirements \
01 this Chapter prOvided that the per.
Conning: of massages is subsidiary to the
performing of other services and wks. .
~ Sec. 29.04 BUSINESS LICENSE HE- I
QUIRED I
Subd. I. No person shall eagage In the. I
busineSS of operatlng a sauna or ~ i
sage parlor either exclusivdy or U\ eon. '
needon with any other business enter. '1
prise without obtaining a business
l\eense as pl")vided in IhisCha-pter.
Subd. 2. Whenever any establlshment
ceases to be licensed as a massage par'. ,
\er or saW\8 whether thtougb the sus-- .
pension. caneellaUon, revocation, 'noore-
newal or lapse of its license, its owners '
sba1llmmediately remove Crom public
view any sign or display which identUles
the establishment as beiJ2g a S8UDli or '\
massage parl~ _or as offering saLZDa or
massage sefVlces. .
Sec. 29.05 CONTENTS OF APPLICA.
TION FOR BUSINESS LICENSE I
Application for a buJiness lieenae
shall be made only on the forms provid-
ed by the City Clerk. Four eomplete c0p-
ies of the applicaUon sball be lurmshed,
to the office of the City Clerk cootainlng
the following Infonnatlon:
{a \ address and legal description 0{
the properlY to be used:
(b) the names, addresses and phone
nwnbet"! ol the oWner, lessee. If any,
and the operator or manager;
(c) the name, address aod telephone
number of two persons whosbaU be resi.
dents of Waahlngton County and who
may be called upon to atl.elt to the appU. I
cant's, manager's or operator's charac-
....,
Classification
~c)p
1bv~s+ W<.V
_~CC., ~1q'17
- /
Municipality
Date
SeC. 29.07 GRANTING OR DENIAl
OF LICENSES .
LJcense appUcsUons IbaJI be reviewec
(dJ whether the applicaat. ma":fer or by the ponce Departmea~ Planainc De.
portm..t. and IUCb ...... departqiea~
operator has ever been eoavic' of a as the City Clerk abaD deem _....
crime or otteaA other thaa a tnlfie at. The review shan inclUde any ~
Cense and, If so, complete and accurate of the premises covered by the aPliUca.
Information as to the time, place and na~ Uon by the BuiJdfDg IPspector arid FIre
:ecn:~C:~:~ioffense inc~~ De~ent to determine ~'-tbe
(e) the names and addressesol.an ~~tseS ctllUorm.s to aU apPlIcable
~ ..equhem..... -........u...
creditors of theappUcant, owner. tessee. shall be made in writing to (bi':'Cl'"
or DlaIllRer losOlar as and regarding Clerk. Tbereattcr, UceDSeS ibail_-~
credit wblch has been extencled {or the granted or deDied by tbe Cty CJeZt:; lOb-
~ .1 _lru,liog. equipping. Jeel 10 tile provislOllS.oI lbIsCb&\ltet
~:,~ ~=:e,o:- =g::. Th~_nappllcant maY,a~:!%lbe',ptY
feets, equipmeJ't or anything inCIdent to Council (rom tbe CJert', decUfon.:~-I;''::':
the establishment, maintenance and oP- See. 29.06 CONDmONS GOVERN
erattoa of the massage parlor 01' mas-- ING ISSUANCE OF A BuSim:ss 'U~
sage establlahntent;' . - ':'~".' CENSE-..- .
(f} if theappllcaUcm Is made on behau: . SUbd: 1. 'No business Ueense-abaii be
01 a corporation. joint bwdness venture. 15Sued if the aPPlicant or any DIltS 0Wll.
partnership or any legally constitUted en. ~ees, managers, employees or
bustneu association, It ahaU aulimlt agents IS a person 0{ bad repute.
along with its appJicatlon.accura~ -and Subd. 2. BusiQeu Ucenses shaIfbe fs.-
complete business records showing .tbe sued only II the applicant and aU of its
names and addresses of aU individuals owners. lessees, managers employees
having an interest In the business,' In- and agep~ are tree of convktions tot of.
c1uding partners. officers, OWlIers miD- (enses whi!:b Involve moral turpitude or
agen, members of the board of dIree- which reb~ dltecUy to such penoD'll
tors, and credltonJ furnishing c:redit tor atllebWdty.. capacity. or fitness to perform
the estabUshment. actJUisiUon, malate- uties and discharge the respoasibjJ
nance and fUl'llishlng ot'satel buainesalq.. lUes of the liCensed activity. .
eluding the purchase or acquisition ~ Subd. 3. Licenses shaU be issued ani
any ileD1ll of personal property for use In 10 applicaats who have not. within ~
said operation. year pri~ to the date 01 appUcatioa
tal complete and accurate docwnen- been denied lkensure' or who ba not
tation e:Jtabllshing the interest ol the ap- within such period had their Ueea: ,.
plieant and any other-person having aD v~bd'. ,. "-----shaU be IR~.~'
inteRs\ in the premises upon or mwbieb ~ _ on)
the business ill proposed to be located in to appliCAnts who have answered ruu~
the form of a lease, deed, contract for aU o.f lf1:e ,laIonnaUon reqUested in the
deed,. mortgage deed, mortgage eredlt applicatiOn, have paid, the run lieeme
arrangement, loan agreements. security fee .and have cooperated with the City jQ
.greements and any other documents review of tbe apptlcatlon ' .
establlshlng the Interest of the appUeaat Subd. 5. A Ucense shali DOt 1)& gtaDted
or any other person in the operation. ae-- to an appliCant who is under the age ~ 18
qubltlOd. or maintenance of the enter- years.
prlse altering masaage; Subd. 6. Licenses may be granted on!
(h) the appUcatlon ,shaD also contaJn !D1' locatiohS with buslne:S8 zoOe5 aU :
blueprints, diagrams, plans. layouts and mg slmilar,activitles. ow
the like showing the construction, revi. Subd. 7. Liceuses IMy be granted Oaly
sion, remodellng, alteration or addlUons ~ estab-~. cots WhiC, b can meet ....
of or to the premises and speciflealIy safely, . tary and buildlD& code re-
showingthelayout.deslgnandarrange- quiremen of tbe City, . ,....-- ,
ment. of lhe batbing and restroom facUi. . SLIM a. A. U.~1l5f; shall DOt be g:iUted :
ties and the size and type of equip~ent if granting the license (a) would be in- :
and facUlties to be used. . consistent ,with the compreheosive de-
See. 29.06. BUSlNESS UCENSE -FEE, velopm.ent plan of the Clty. or (b) W<lUld
LICENSE INVESTIGA1'ION FEE AND otherwise have a detr:lmentaJ effect up.
LICENSE YEAR ~~Y. property or properties in the vi.
'nte investtgation Cee shaU be$2SIJ.OG
and the annual Ueen5Cl' fee sbaD be See. 29JJ9 CONSTRUCTION AND
$150.00. A license unless revoked, Ls for MAINTENANCE REQUIREMENTS
the eale.Pdar YeAr or a part thereof, far Subd. I. Each licemed premises sbaI1
which it has been issued. Tbe license fee have a separate restroom for members
and fee for the investigation of the U- of each sex.
eense awllcatJon shall be paid wbeD the . Subd. 2. Floors, walls and equipment
application III rued. In the event; that the m massage rooms, restrooms and bath-
application IS denied or the license, oace roomalr md Wd: ~ kepi: in a state at good re-
Issued, IB revoked. canceled or SUITe1I- Pl:I an sanatary CODditicm at all Uma
dered, no part of !:he annual iiceuse fee Linen and alber- matertab shaD ~
and investigation (ee sball be returned stored at Jeast twelve inches off the
to the appUcaat \1DleA by express actloa floor. ;
of the- CU.y Council. A stpa1'8tc 1lc:eDse Subd. 3. Itldividual Ioeken sbaU be '
shall be obtaiMd eacll year (or each made available (or use by pa~. with I
place of business. The liefmllel! lIbaD db- each locker having separate tlys 1<<
play the license in a pnminen\ place m' locking.
the licensed premises at all times. A Jj. SU!>d. -t. Each licensed premises sbaD I
cense for the operation of a massagel pr~vlde adequate refuse recepUeJa
parlor or sauna is notltnM(erable:. W~lch shall be emptied as o<<en. as re-
quired. ';.. .
Subd. 5. The doors to the iodivfctiii"
m.assage rooms shall not be equipped
wdb any locking device nor sbaI1 they be
locked or obstructed from eitbeuide 01
the door. Each individual masaageroam
s~U ~t:dn a private dreDiItI area'
With hot ~nd cold ronn.ing water. Clean
towels. wash cloths antj linens must be
available far each eust.amer.
Sut Main eotranc:e doors to the ,
prem :18.U be unlocked at au Umes I
~ IIIeSS hours.
..... '. MASSAGE CER.TIl'I.. CATr'j'
REQUJ. 0
No penuq IbaJI perfGnQ ~e...
...... Mlhlo~iiEt
certif1cateq 1a. '__
S;;;;-".1l CA-
TION FOR kAssAGE CERTIFICATE
An appllcaUoa. fw a 1IWIaP:..:ertIn-
........U bOmade only CIIlI~~_'!;
ed by the City. The 'II\lUca_: ~
coataift the following iDformatloD 10-
__ with a!'Y ~r illformatloa the
C1tymay~....." ,
I.) Evidtlnce of the appJJca.nt s eduea-
Uoaa1 qualtll..Uons,lDcludinS_
Of c:ertifled\copies of degrees, di~
oreertUfcates. U any, Jndudfng Y'.....
receiving at least 100 hours ~ ~~
.-peu=massage .tralnin&_.~
nized and a by a staM or aa. tioDaI. .
prof...1 . ......peuUc ......,. .,.~:
Dlzaliee . .....
(b) Ev~ of appUcant's pracUeal
qualitlcatiOfts to practice massage. _ ".....
(el The rfames' and addresses~~~~
perIODS rejlde.ts of Waahi.glotl......,
!y, Who'm8~.bereren-ed. .....'to~.~lt;1
pJlcaAt's character. _ - '~':';;'~';
(dJ Wbethei the applie:atlon has ever
been I;onvicted of a crime or offense ,ofb..;
er tban a tralllc: offense. arid U $0, iDler-..::
maUon as tOthe Ume, place and na~_,
olsuchc"*oroffeose. . _,,':\J::
(eJ Evidebce in Ule Corm of a i:.w. r'
certUieate ~ a llcensed ph " ..}
practlcing ~ Mlonesotaindicat1ilgn~,
that MIbi.,the past 30 days !be physl-
eta. bas "\lUIlllled the .1I\l....~ aad..
(Ii) that sudI exa~f:1on..w_~ lor. ~
pw'pQlSOol~whe lbeap-
plleaQl had any commUllicable d:lseasa
azzdl.iil)tMt~aresull:ol~ex8JiJj.
nation he blilleves that appUcant Is
salreriag rrom any COIllIDWdeablD .....
ease which would dJsqua1Hy Ute a~,
.... lram eagaglng ID the pra~!;t.l\l'
maaaa e" ~. '';'-;1:'.'"
Sec:. t:12 CERTIFJCATE FEE. CER-
TIFICATE /NVESTIGA:1'1()'!o- AND
CERTIFICATE YEAR . .""'..... .
'I11e IDvestigaUan I.. aIWI be 150.00
and the annual certlflcate fee sba1l be
125.00. Tbe _..Ie year shall be Ihe
ealeOOar year and a' c:erWkate ahal1 be
,IUd r... the ......%..~c~..t~.=
yearll1whidlJlb ,.IU01
fee aad fee lor Investigation for tbe etr-
un.... shall be paid wbeu !be .ppI1ca-
Uon is filed. In the eveut U1at l:b6 appU-
caUoa Is dellled or that'the certIf1cate,
once Issued, is revoked. canceled << sur-
r<ader<d, .. part of !be IlIDUlll certlfi.
cale fee and iDVel!ltigat1oa fee for tile ls-
suance of a eeitificate shaD be returned
to the applicant uuless by express ae. U..
of the City Couneil. A i$ep&l'&te ~-
ate .haJJ be obtaJned each year.'1'be
certI/I.... holcler shall dlsplay Ihe __.
Wicate in a promiDeDt place in ,the, U-
censed premises .1 aU times. A i:a1llJ-
.... pennltUag the halc1er _."
practice massage is aoDtransferabkl.
See. 29~13,INVESTIGA110N OF AP-
PLICATION . -:' ~"'_11 L~
Certificate Applications. ;wcw lie re-
Yiewed by thd~oU(9J~~p~l~eot wbicb
shaD furnish written recommendations
to the City Clerk. ~ter cerlH1cates
shall be ~ted or denied by the City
Clerk subject to the provisions of this
Chapter. the applicant. ,may appeal W,
the CUy CouncU from yie Clerk:'~.decl-
sion, ;
Sec. 29.14 CONDmONS GOv&RN- I
ING ISSUANCE OF A MASSAGE CER:
TIFICAn: . -I
Subd. 1. CertificateS shaD be issued
only to persons who have received aDd
call furnl$h proof of recejving at Just
100 hours of certified lberaplnlUc DlaS-
sage training recognized and accepted i
by a state or national pro{essjonaJ ttJera..
pelitic massage organization.
Subd. 2 Certificates shall be Issued
only to persons of good repute and per..
so~ who are in good health and free
from any eommunicable diseases which
would disqualify the applicant Crom en.
gaging in the practice of massage.
Subd. J. Certificates sbalI be iaued
only to penom free Of canvicUons tor ~
(enses 'kbich involve mOral turpitude 01'
which relate direcUy to such penon~.
ability, capacity, or fttDess to perform
the duties and.~ d1e resportSlbU.
lties of the oecupattoa;: '
Subd. .. c.....lJcalelt....U not be...
SQed to persGf\S wbi:t1lave, within one'
year prior to the date 01 appUcatiQD,
been debied eertiIJea&a; << who. have
had his ortler certlfICate revoked or IW'-
reode<ecI Jot.... by ..'''JjaIIUcaJ i_vi-
.1 m..."""""",;'lI1 a.. Stale ellllD'J
on. ~~ ..-z.y.. . ~
~. s. Ce.tirica... oi.anb; laa1led1
Oldy to applicants who lIave tuIly'i#Id.:
truthfWly answered aD. oIlhe laform.a:..{
tion requested in the asiPI.' Il:a~ ~"
paid the full certificate teie and _
tion iovestlgatioo (ee. . , . '
Subel. 6. Certilleatea shall be ..
ONY to persons 18 years 01 age or oIdier~~h~,
Sec. 29.15 RESTRICTIONS. AND.,,",,,,
REGULATIONS .. ._.,:~,~\
Subd. 1. No businesa liceDsee Ibalt.~t
pJoy any person as a ~ or.~
seuse without first .lasuIiaa" that:~.i
em.lay.. ......... . valid cerlIII<:Alli'
lor the administration or pract1-:e~_;iif,'
massage. The certir:lCatelhaJI be -:;"';
.eally aad _ diapIa,oed ..Ihe~.
mlses. . :.1;..:
Subd; 2. The licensed premlsell ~
not be open or in operatioo between'~..
boursot l1:00P.M, 8Dcl8:00A.14.,ca
.llCCOC<fingday....shallaay_
.pged in tbe ptactlce.OI massage~: _,~
said.......... ... pel1'1"" aay ~
or administer any SUCh_ services:-'
tw.een the hours 0111:00 P.M. and, - (10,
".M...!besua:eedlag~. "',' .
Subd. 3. The ncensee.;'~).
masseur and 8Dy persOaI in tbeIrr~....-
pJoy or agents or offICeis thenKI'l,-' _
.ay and lIll penaaa wtlb lDleresllD. aild,
basIDess sbaU ....p1y _ .U .~:
ble ordinanceS. regulatiGDs and la_,~
tbeClty of Forest Lake. tbestate of _:.
neaota and' tbe Vnitecf""States Gov~
meat. . '~1.,.
Subd.4. U the HCCDSei'lia ...'
","_lloa.!be~shan,...
nate a penon to be manager in('~.
....poasIbJe charg. ellJ>e.~I.....S\Ii;Ii:,
person sIWl remain ft!IIplIDSibIe for c;cm-:;;
duct of the business lmUhnotber..mt7,-;
.ble _ bas been deaIl/aaled ID ."
IDg by the U....... TbeJ.i<easee sbOI!
Oh. natiI the poIicodepartmeal Ill'
pn>mp..,. y . . ,-" .
.wrttiDg of any dwlge iD:~nager ~
eating the nam., address.pd. ... "
number of !be QeW mani(er ~'" l,,'
lec:Uvedaleof....cbso&e. '~O;;E'!j _..
Subd. 5. Every llcebSee,sbaD _' ,e':
and allow an examiDatkla .ud... . _~ ,>;':
U.. of ...". part ellbe .....-~..
pollce, fire or other authority of tho City
_ -....-bciDn.1x ~
each year. Re!uaaI to allow such~:
Uon or to answer the request ol CIty pO; ,
Uee, fine or other authority tQ be adniit:;
ted".-pramlaeasbaUi>e
grounds Cor suspellSiotl or r;evoc:atloo~~
aUllceDlM;!S. .....
Subd. 6. Any person acting as a znas;.;
seur or DUl88eU8e sbaU ba~ his en:: bl!r';,
certilJcate dltpJayed lD It promlneitt:'
piace at his or ber place ol employment.
and UpoQ demand by any pollee ofhcer_
or oUler autbotized officer,or agent ~
the City of Forest Lake, ~ ~ ei:1._-,
gaged in practictDg massage shall ideD-,
tify bimself or herself ctvbii: his or her~:
true legal name, cortecC8ddresa a~.,
te1epbonenumber. i.fG E.,.
Subd. 1. No _ uacIo{l'. y..", Oi".
age shall be permltted upoq or allowed
to be empJoyed OJ" to serve~Jp any b-
Ushment licensed under ~ proviai
of thisCbapter'~1
Subd. B. Aay penoQ pcacUcing mas-
sage within the City ol Forest Lake BhaU ..
initlaUy advise the CIty ol his or her ad-
dress BIll:{ telephone number and shaU .
lurther advise the City of aDy changes in
address or teiephoae DUmber within
thlr1.y (30) days of such cbaage.
Subd. 9. Aay person practicing DUll.
sage within the City DJay do so only at
premises which are Ucensed (or the c0n.-
duct of such business IUl herein provided
a~ further'. any person ptKtJc1ng mas--
sage sbaU Inform the City of any ~ng~
es in employment or the location ollWl
or her- empJoymerrt lVitfUQ!be City with-
In seven (7) da)'l!l after such change,
Subd. 10. Every pel'lOQ to whoal a ~
massage cerUflcate IJ iuued :shaD ap-,
pOraaaaIIy .t tile PGIice Deport-'i
:=t to receive deliver)' of the ~
cateaod~.uc:ba~ ..,..,
........_ r... IdeaWlcliU.. .=
eo. Oaa ""Pl' of Ihe _pb~'.-"''::..''
penna_y aIlIJrecl to ihe ~~.... .
aad . secood capy therea/ sbaU i>e lo!jIt..
iDtbefiklsoftbePolice~ ..;t'
Subd. 11. Prke ratea::t"~the...-vlqo.,
....U be promlDenlly pas ". _.... ,
Uon area in a location aQUabJe to'lD
~peeUve~f;!I'S._,,_'.::.
Sec. 29-:16 HEALTH AND DISEAs,E
CONTROL ' :C
No person wbi1e affllctecl with any ~
ease In a comm.11IIicab1e lorm or wbQe.
carrierof...._..._.~
or any acute resplrab:q,!!fectioa._'
WOI"I:ID"'''''''Ihe~aay .'
..............aadao. .,bioWIi........
~led of belDgMlh
__.....1...:;; ," !
sue disease or I.."VIMoIl1olWl: " "
''', -,,",
'played or periiiluetffn SIlCb area',clr:
pecity. .J"
Sec:. 29.11 .REVOCATlO.....
SION OR NONRENEW:
BUSINESS LICENSE OR_
CERTlFICATE.~'.: :"..y;:':\0.
, 'l1te business Ucense or massag c_ ,
tificate may be revoked, suspended fir,.
not_renewed by the City Council ~,'
recommeadaU.. .UIle City ClerIr. by"
sh<lwJag that the Ucensee, itsowiiera<
managers. employees. agents ~,;aDY:'.:
other lnterested parties, as e~~'1
m Section 29.05 with the excepU~~;,
creditors, or the masseur or~;.
have engaged in any of the foll~~~
conduct: . ~,...-.;k~
(a) Fraud, ~ption or ~
taUoo in connecUou'witb 1he.8ec.'Ur'iDI,' ~
the liceDse '~:,!!";,;;;".::
(b) Habitual drunkeness or lnteiii~~
anee iD the use af drugs illCludlag bufDOf:
limited to the use of drugs, defined_.lD-
Minnesota Statutes, Seettoa 618.01. 'b:8r,.
bUuratea:, balludnog"enic drugs.'i..~;
pbetamints, be...-.., cIell_ or
other sedatives, depressants, llt:iJQuJaa:ts
ortnmquUizera. .--t,"."
(en Engaging in conduct lnvolViJ1g
matal ~tude by pennitUDg or ~,
IDg others within their employ,or .g~
to engage in conduct Involvtng m~
tw'p-Jtude or falling to prevent agents, Of:
lleers or employ~ in engaging In ~
duct involVing moral ~tude. "-:~~
.'_d,Failure to Cully c:omply with
requirements ott.bo City Code oltbaQ
of Forest Lake relPU'dinl the. aaDl
a4d safety condlUoos, umtog , ..
meats, bt>>Iding cOde requ1rementa
ordinances, the vtoiaUon of which, In-
volves moral turpitud<<l, or failure' to
comply lully with any requirements' Of
tbIs Cbapler. . . '.
(ej Conviction of an offense involving
moral ~itude by any court ol com~'
tentjurisdlctlon. . -".
(f) Engaging In any conduct whteh
would constitute grounds for refusal to;
Wile a business Ucease or massage~-
tificate herein.
Se1::.29.18APPE:ALS
The licensee or ma8$8ge certlfieate
hoider may appeal such suspension, re-'
voeation or nonreuewal to the City eoun:. .
ell. The Council shall CODSider lhe ap- .
peal at the next regularly scheduled
Councu meeting on or alter ten daj13
ftonl service of the notice oC appeal on
the City Clerk. At the conclusion of the
hearing, tbeCouneUma)'otder: ( :,<'
(a) That the revocation. auapensi.onor
nonrenewal be alfinned. ',.; ,-c.
(bJ That the revocaUon, suspensiOQ or .
noorenew-al be lHted and that the license
or certificate be rtinstated. ;','.
(c) The City CllUDciI may base either
suspension or issuance of the neeDle or
certificate upon any additional ler1ns,
conditions and aUpulations which It
may, in its $Ole discretion. Impose,
,
.
MAR-26-0; MeN 1:55 FM GeY Or FOREST LAKE
FAX ~D. 651 464 4968
D ,
i. I
,
PDftoIt" Fax Note 7671
To
00.10"'.
APPLICATION FORM I<'OR SAlJNMOK MASI'JACi.l!; I'AHLOKlS Uc.:ENSE
INITIAL INVESTIGATIVE FEE $250.00
LICENSE PER YEAR $300.00 . (NOT PRORATED)
TRADE NAME.
DATSOF APPLICATION
LICENSING PaRlOD
fULL NAME OF APPLICANT. OWNER
IF INDIVIDlJAL
PHONE NUMBER
ADDRESS
CITY
STATE
OA TE 01 BIRTH
ADDRESS OF BUSINESS
LOCATION
PL....CE OF BIR.TH
LEGAL DESCRIPTION OF BUSINESS LOCATION:
LIST OWNERS Of BUlLDlNO OR pREMISE TO BE LICENSED:
NAMES:
ADOlU!SSES:
DATE OF BIRTHS:
MANAOD'SNAM!
ADDRESS
PHONE
MAR-25-0t MON 1:55 PM Cry OF ~OF.EST LAKE
FAX N~ 651 454 4368
P 2
~
"
OPERATOR'S N,AMe
ADDRESS
PHONE
LIST TWO (2) CHARACTER REiERBNCES WHO RESIDB IN W ASHINQTON COUNTY fOR
EACH OF THE ABOVE:
NAME
ADDRESS
PHONE
HAS APPLICANT AND OR MANAGER BVBR BBEN CONVICTED OF A CRlMB, OTH5:R THAN
A TRAFFIC VIOlATION:
o YES
o NO
IF YES, GIVE BXPLANA nON ON A SEP ARA TB SHEET OF PAPER-INCLUDING TIME, PLACE
AND NA'I'URE OF EACH CRIME OR OFFENSE AND DISPOSITION THEREOF,
UST ALL CREDITORS INVOL YEP IN THE CONSTRUCTION AND MAlNTENA."'CB IN ANY
WAY PROVID!NG DEBT OF EQUITY FINANCING TO SAID OPERATION:
LIST CORPORATE OR PARTNERSHIP TITLE, IF ANY
CORPORATE OR PARTNERSHIP ADDRESS:
LIST ALL OFFICfRS. MANAOEl<S OR DIRECTORS. IF CORPORATION:
NAMES:
ADDRESSES:
DATE OF BIRTHS:
2
MAR-26-01 MOil
.56 ?Ii.
G~Y OF FOREST LAKE
F "I \l~
.14.:.. i. U,
651 454 4968
P 3
,.
Please submit accurate lIIlcI complete business recorcla showins llIID\es IIld lIddresses of all
individllllls havina an inlerest in business including partners, officers, owners and creditors
furnishing credit for establishment acquisition and maintenance a.nd furni5hin1;l of said. business.
Please furnish accUl'llte documentation estllbli~1ing the interest of the applicant and any other
pet'llClll bavlna lntemt in the pmnises upon whieh the buildinj is proposed to be located or
furnished thereof. The documentlltion shall be in the form of a leaso, dood, contract for deed,
lIlOrtgage deed, etc and my other d.ocument:l oNblishing interest oethe applicant or IIIIY other
penon in the operation.
PlellSll provide blueprints, diagrams, layouts, etc. showln; cons1ru.ction and or remodeling to the
prenUses and specifically showing the iayout of tbIl bathing and restroom facilities to be used.
AppllCllllts and his IISsociates will strictly comply with all reiUlatJor.s promwsated by the City
Council of Forest Lake and all ordinances of said municipality.
I hereby certify that I have read the foregoing question!l and that the IUlSwml to said questions
are 1ru.e of my own knowledge. I further understand that an investigation f~, not to elI;ceed
$2~O.OO, shall be charged an applicant by the City.
Sipture of Appliclllll
Subscribed and sworn to belore me
Thi. day of .20_
HAMP
Notary Public Signature
My Com:r-issicn Expires
j
L_
MAR-25-Cl MeN 1:57 PM
frv oa ~nREST "L'KE
v.. _.I. l v. '. 1\
FAX NO, ri51 464 4868
p 5
"'
I HEREBY CERTlPY THAT I HAVE AEAD TI:lB FOROOJNG QUESTIONS AND TriA r 'THE
ANSWERS TO SAID QUESTIONS ARB TRUll OF MY OWN KNOWLElXiIl, I FURTHER
UNDERSTAND THAT AN INVESTIGATION, FE!! NOT TO EXCE.ED $50.00, MAY B:E CHARGED
TO AN APPLIC^,". BY THE CITY, IF CONVICTED OF ANY ClUMl! OTHEA THAN A TRAFFIC
OFFENSE, I WILL REPORT SlJCH CONVICTION TO TIUJ CITY 01' FOMST LAKE
lMMBDlATEL y,
SlGNATliRE OF APPLICANT A.."ID DATE SIGNED
I HEREBY AUTHORIZE TIUJ FOREST LA.Ka POueE DEPT. TO CHl'lCK MY POLICE RECORD
AND DO HEREBY RELEASE niB CITY OF FOREST LAKE AND ALL INDIVIDUALS
CONNECTED THERBWl7H FROM At,.L LlABJI.JTY FOR DAMAGE WHA TSOIlVER INCtJR.iUID
IN FlJRNISHll..C sueH Rl!POllT.
SIGNA Th"RE OF APPLICANT
R.ENEWAL FEE [R S!O.OO PER C"-LRNDAR YEAR
"---
"
MAR-26-0i MON 1,56 PM CTY OF FOREST LAKE
FH NO. 651 464 4968
RENEWAL APPLICATION
FOR MASSAGE THERAPIST CERTIFICATIONILICENSE
IN THE CITY OF rOREST LAKE
ORDINANCE 448
RENEWAL YEAR
MASSAGE LOCA nON/ADDRESS
aDultS/DA VS OF OPERA nON
NAME OF APl>UCANT
(fint)
(last)
(middle)
HOME TELEPHONE #:
DATE OF BIRTIf
SCHOOL AITENDED AND DEGREES RECEIVED:
LIST QUALIFlCA T10NS REQUIRED TO PRAcnCE MASSAGE:
LIST lWO (2) CHARACTER REnRSNCES WHO RESIDE IN WASHINGTON COUNl"Y: NA.\fES,
ADDRESS" 0.0. TE OF BIRTH
HAS APPLICANT EVER BUN CONVICTIID Of A ClUMIl. OTHER TIiAl'l A TRAFFIC
VIOLATION'? _YES --.-NO
IF YES, PLEAS" GIVE AN EXPLANATION ON A SEPAMTIl PIECE OF PAPER, INCLtJ"DlNO
TIME, PLACE Ai'lP NATUBll 01' SUCH CRIME OR OFFENSE AND DISPOsmON THJ:1\EOF.
THE APPLICANT SliAJ..L PROVIDS THl5I'OLLOWlNO lNFoRMA nON:
A. EVIDENCE OF APPLICANTS' BDUCATION lNCWDINO CONTINUINO fOUCA TION IF
APPLICABLE.
B. EVIDENCE OF APPLICANTS' QUALI1lCAnONS AND CHARACTER l\JlFIl~CES.
C, EVIDENCJ!, IN TIlE FOR..\{ OF A ClJ1IJ!.ENT CERTlFlCAlB FROM A LICENSED
PHYSICAN PRACTICING IN MINNESOTA INDICATING 'mAT SAID MASSAOE
THERAPIST WAB EXAMlNED AND IS FRBE Of ANY COMMlJNICABLE DISEASE n-iA T
WOl.a,D OISQUALn;v THE APPLICA."lT FROM ENGAGING IN 1111! PRACTlC OF
MASSAGS.
A RENEWAL CJ:iRTlFICATE WILL BS RSQl]lR.ED EACH CALSNDAR YEAR, ALONG WITH A
PHYSICAL EXAMINA nON CERTIFICATE, COMPLBTED APPUCATION AND RENEWAL FEE
OF $~o.oo. APPLICANTS wn.L STlUCTL Y COMPLY WITH ALL REGULATIONS
PROMULGATED BY 1HB CITY COUNCil OF FORBST LAX!. AND ALL ORDINANCES OF SAID
MUNICIPLA TV.
p, 4
~1
')n~,::J ;' (~J I
'-i!J,f f) II" II i,' ,. ,-
LICENSES AND PERMITS .;., '" I. U. VL .
1St- cX A/! :/1/ 6 JZ) /LI
Division K. Massage Y; / Z C?}~.:;
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 _
I~
SEC. 14.259. PURPOSE.
The purpose of this Division of the City Code is to prohibit massage businesses and services to the public
except those licensed as therapeutic massage enterprises and therapists pursuant to this Division. The licensing
regulations prescribed herein are necessary in order to prevent criminal activity and to protect the health and
welfare of the community. The purpose of this Division is not to impose restrictions or limitations on the freedom
of protected speech or expression.
(Code, 1958 S 150.21; Ord. No. 75-3, 1-13-75, renumbered to S 150.19; Ord. No. 90-13, 3-26-90; Recodified by
Ord. No. 95-13, 8-7-95)
SEC. 14.260. FINDINGS OF THE CITY COUNCIL.
. The City Council of the City of Bloomington makes the following findings regarding the need to license
therapeutic massage enterprises and therapists and to prohibit all other types of massage businesses and
services to the public:
(a) Persons who have bona fide and standardized training in therapeutic massage, health, and hygiene can
provide a legitimate and necessary service to the general public.
(b) Health and sanitation regulations goveming therapeutic massage enterprises and therapists can
minimize the risk of the spread of communicable diseases and can promote overall health and sanitation.
(c) license qualifications for the restrictions on therapeutic massage enterprises and therapists can
minimize the risk that such businesses and persons will facilitate prostitution and other criminal activity in the .
community. '
(d) Massage services provided by persons with no specialized and standardized training in massage can
endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and
unsanitary conditions, and by increasing the risk of personal injUry.
(e) Massage businesses which employ persons with no specialized and standardized training can tax City
law-enforcement services, because such businesses are more likely to be operated as fronts for prostitution and
other criminal activity than operations established by persons with standardized training.
(f) The training of professional massage therapists at accredited institutions is an important means of
ensuring the fullest measure of protecting the public health, safety, and welfare.
(Code, 1958 S 150.22; Ord. No. 75-3, 1-13-75, renumbered to S 150.20; Recodified by Ord. No. 95-13, 8-7-95;
Ord. No. 99-23. 9-7-99)
SEC. 14.261. DEFINITIONS.
I
I
I
I
I
I
L
The following words and terms when used in this Division shall have the following meanings unless the
context clearly indicates otherwise:
Accredited Institution - an educational institution holding accredited status from the North Central Association
of Colleges and Schools (NCA) or another regional accrediting agency approved by the United States
Department of Education.
Accredited Prooram - a professional massage program accredited by the International Massage and Somatic
Therapies Accr~dltation Council (IMSTAC), the Commission on Massage Therapy Accreditation (COMTA), or a
comparable national or regional organization that evaluates program compliance with qualily and competency. .
standards through a process of periodic review and self-study.' .
Clean _ the absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter.
Good reoair - free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions,
and similar defects so as to constitute a good an.d sound condition.
14-98
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BLOOMINGTON CITY CODE
'\
Issuina Authoritv - the City of Bloomington License Section.
Massaae - 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, ail, powder, cream, lotion, ointment, or ather similar preparations.
Massaae Therapist - an individual who practices or administers massage to the public who can demonstrate
to the Issuing Authority that he or she:
(a) has current insurance coverage of one million dollars ($1,000,000) for professional liability in the
practice of massage;
(b) is affiliated with, employed by, or owns a therapeutic massage enterprise licensed by the City; and
(c) has completed four hundred (400) hours of certified therapeutic massage training from a bona fide
school that has been approved by the Issuing Authority, or has one (1) ye;lr 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.
Operate - to' oWn, manage, or conduct, or to have control, charge, or custody aver.
Person - any individual, firm, association, partnership, corporation, joint venture, or combination of individuals.
Therapeutic Massaae Enterprise - a person who operates a business which hires only licensed therapeutic
massage therapists to provide massage to the public. The owner/operator of a therapeutic massage enterprise
need not be licensed as a therapeutic massage therapist if he or she does not at anytime practice or administer
massage to the public.
Within the Citv - inciudes 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.
\
Therapeutic Massaae Enterprise License. It shall be unlawful for any person to operate, engage in, or carry
on, within the City, any type of massage services to the public for consideration without first having obtained a
therapeutic massage enterprise license from the City pursuant to this Division.
Massaae Therapist License. It shall be unlawful for any individual to practice, administer, or provide massage
services to the publiC for consideration within the City without first having obtained a massage therapist license
from the City pursuant to this Division. .
(Code, 1958 S 150.24; Ord. No. 75-3, 1-13-75, renumbered to S 150.22; Recodified by Ord. No. 95-13,8-7-95)
SEC. 14.263. EXCEPTIONS.
A Therapeutic Massage Enterprise or Therapist License is not required for the following persons and places:
(1) Persons duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical
therapy, or podiatry, provided the massage is administered in the regular course of the medical business and not
provided as part of a separate and distinct massage business.
(2) Persons duly licensed by this state as b..auty cullurists or barbers, provided such persons do not
hold themselves out as giving massage treatments and provided the massage by beauty cullurists 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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lit
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LICENSES AND PERMITS
clinics or other facilities located outside of the accredited institution must have at least one hundred fifty (150)
hours of certified therapeutic massage training at the accredited institution prior to performing the therapy outside
of the institution and must be identified to the public as a student of massage therapy.
(Code, 1958 S 150.25; Ord. No. 75-3, 1-13-75, renumbered to S 150.23; Recodified by Ord. No. 95-13, 8-7-95;
Ord. No. 99-23, 9-7-99)
SEC. 14.264. LICENSE APPLICATION.
e
(a) Therapeutic Massaoe Enterprise License Application. An application for a therapeutic massage
enterprise license shall be made on a form supplied by the Issuing Authority and shall request the following
information:
(1) All Applicants. For all applicants:
(A). Whether the applicant is an individual, corporation, partnership, or other form of organization.
(B) The legal description of the premises to be licensed together with a plan of the area showing
dimensions, location of buildings, street access, and parking facilities.
(C) The floor number, street number, and rooms where the massage services are to be
conducted.
(D) Whether all real estate and personal property taxes that are due and payable for the premises
to be license.d have been paid, and if not paid, the years and amounts that are unpaid.
(E) Whenever the application is for premises either planned or under construction or undergoing
substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of
the proposed premises to be licensed. If the plans for design are on file with the Building and Inspection Division,
no plans need be submitted to the Issuing Authority.
(F) The name and street address of the business if it is to be conducted under a designation,
name, or style other than the name of the applicant, and a certified copy of the certificate as required by
Minnesota Statutes, Section 333.02.
(G) Such other information as the City Council or Issuing Authority shall require.
(2) Individuals. For applicants who are individuals:
(A) The name, place and date of birth, and street 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 conceming dates and places where used.
(C) Whether the applicant is a citizen of the United States or a resident alien or has the legal
authority to work in the United States.
(D) Street addresses at which the applicant has lived during the preceding five (5) years.
(E) The type, name, and location of every business or occupation the applicant has been
engaged in during the preceding five (5) years.
(F) Names and addresses of the applicant's employers for the preceding five (5) years.
(G) Whether the applicant has ever been convicted of any felony, crime, or violation of any
ordinance other than a minor traffic offense. If so, the applicant shall 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 involvement in such an
establishment.
(3) Partnerships. For the applicants that are partnerships; the names and addresses of all general
and limited partners and all information concerning each general partner as is required in paragraph (2) of this
Section of this Code. The managing partners shall be designated, and the interest of each general and limited
partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the
application, and if the partnership is required to file a certificate as to a trade name under Minnesota Statutes,
Section 333.02, a certified copy of such certificate shall be submitted. The license shall be issued in the name of
the partnership.
(4) Corporations and Other Oroanizations. 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.
I
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14-100
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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.
\
BLOOMINGTON CITY CODE
(b) Massaoe Theraoist License Aoolication. 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's name, address
and dates of employment.
(4) The applicanfs 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.
~ '-,',
14-100a
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BLOOMINGTON CITY CODE
(9) Whether the applicant has met the definition of massage therapist in Section 14.261 of this Code.
(10) Such other information as the City 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 MassaQe Enterorise License.
The initial application for an enterprise license under this Division shall be Jlfesented to the City Council
for consideration, after the Issuing Authority has verified the information on the initial license. The Issuing
Authority is empowered to conduct any and all investigations to verify the information on the application, including
ordering a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant. The
hearing before the City Council shall be advertised at least ten (10) days prior to the scheduled date of the
hearing. The City Council may accept or deny the license application at such public hearing.
(b) MassaQe 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 infonming the applicant of the right to
appeal to the City Council within twenty (20) days. If an appeal is properly made, the matter shall be placed on
the next available City Council agenda.
(2) Photo 1.0. Cards. Photo Identification cards shall be issued to individuals receiving a therapeutic
massage therapist license.
(Code, 1958 S 150.28; Ord. No. 75-3, 1-13-75, renumbered toS 150.26; Ord. No. 90-13, 3-26-90; Recodified by
Ord. No. 95-13, 8-7-95; amended by Ord. No. 98-7, 3-2-98)
SEC. 14.267. PERSONS INELIGIBLE FOR LICENSE.
(a) Therapeutic Massaoe Enterprise License. No therapeutic massage enterprise license shali"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 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.
(b) Massaoe Therapist License. No massage therapist license shall be issued to a person who:
(1) Is not eighteen (18) years of age or older at the time the application is submilled to the Issuing
Authority;
14-101
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) Imoroper Zoninq. 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 all times therapeutic massage services are rendered the photo identification card issued by the Issuing
Authority. .
(b) Licensed Premises. A therapeutic massage enterprise license is only effective for the compact and
contiguous space specified in the approved license application. If the licensed premises is 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.
(e) 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.~y.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 Clothina Reauirements. 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 accommodation of its employees and patrons. The toilet
room shall be well ventilated by natural or mechanical methods and be enclosed with a door. The toilet room
shall be kept clean and in good repair and shall be adequately lighted.
(b) Paper/Linen Requirements. A licensed therapeutic massage enterprise shall provide single-service
disposal paper or clean linens to cover the table, chair, furniture, or area on which the patron receives the
massage; or in the alternative, if the table, chair, or furniture on which the patron receives the massage is made of
material impervious to moisture, such table, chair, or furniture shall be properly sanitized after each massage.
(c) Washinq of Hands Required. The massage therapist shall wash his or her hands and arms with water
and soap, anti-bacterial scrubs, alcohol, or other disinfectants prior to and following each massage service
performed.
(Code, 1958 S 169.04; Added by Village Ord. No. 226, 3-7-60; Ord. No. 66-64,11-28-66; Ord. No. 68-64, 8-5-68;
Ord. No. 74-119, 11-18-74; Ord. No. 75-63,12-8-75; Ord. No. 76-59, 12-6-76; Ord. No. 81-58,11-23-81; Ord. No.
82-38,9-27-82; Ord. No. 87-77, 10-26-87; Ord. No. 93-22, 4-26-93; Recodified by Ord. No. 95-13, 8-7-95)
SEC. 14.271. RENEWAL OF LICENSE.
A massage therapist license issued under this Division shall expire on the first anniversary of issuance of the
license. An enterprise license issued under this Division shall expire on August 31 of each year. An application
for the renewal of an existing license shall be made at least thirty (30) days prior to the expir,ation 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 appiicant, 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) . Susoension or Revocation. The City Council may suspend or revoke a license issued pursuant to this
Division for a violation of:
(1) Fraud, misrepresentstion, 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.
14-103
LICENSES AND PERMITS
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(4) A licensee's criminal conviction that is directly related to the occupation or business licensed as
defined by Minnesota Statutes, Section 364.03, sUbdivision 2, provided that the licensee cannot show competent
evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation or
business as defined by Minnesota Statutes, Section 364.03, subdivision 3.
(5) Conducting the licensed business or occupation in an unlawful manner or in such a manner as to
constitute a breach of the peace or to constitute a menace to the health, safety, or general we/fare of the
community.
(b) Notice and Hearino. A revocation or suspension by the City Council shall be preceded by written notice
to the licensee and a hearing. The notice shall give at least eight (8) days' notice of the time and place of the
hearing and shall state the nature of the charges against the licensee. The notice shall be mailed by regular and
certified mail to the licensee at the most recent address listed on the license application.
(Code, 1958 S 169.06; Added by Village Ord. No. 226, 3-7-60;Ord. No. 86-38, 6-23-86; Ord. No. 93-22,4-26-93;
Recodified by Ord. No. 95-13, 8-7-95)
SEC. 14.273. ISSUANCE OF TEMPORARY MASSAGE THERAPIST LICENSE.
(a) License Conditions. The Issuing Authority shall issue a temporary massage therapist license to the
following individuals who can demonstrate to the Issuing Authority that he or she:
(1) Has current insurance coverage of one million dollars ($1,000,000) for professiona/liability in the
practice of massage; and
(2) Has completed four hundred (400) hours of certified therapeutic massage training from a bona fide
school that has been approved by the Issuing Authority, or has one (1) year of experience practicing massage
therapy as established by an affidavit and can document within two (2) years of obtaining the license he or she
has completed four hundred (400) hours of certified therapeutic massage training from a bona fide school. If no'
such documentation can be established at the time of license renewal, the license shall not be renewed and the
person who received the license based upon experience is precluded from receiving a license in the future unless .
the person has the requisite certified hours.
(b) Duration and Limit of License. A temporary therapist license shall be effective for a maximum of four (4)
days, and a therapist shall not be issued more than three (3) temporary licenses during a twelve-month period.
(c) License Application and Fee. A temporary therapist license shall be issued only upon receipt of the fee
for a therapeutic massage therapist license as set forth in Section 14.03 of this Code, and a complete license
application, which shall be submitted at least seven (7) days prior to requested effective date of the temporary
license. The temporary license application shall request the following infonmation:
(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 driver's license history inquiry on the applicant. Within seven (7) days of receipt of a complete _
application and fee the Issuing Authority shall grant or deny the application. An applicant who is' denied a license .
by the Issuing Authority shall be granted a right to appeal to the City Council.
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(e) Persons Ineliqible for license. No temporary massage therapist license shall be issued to a person
who:
(1) Is not eighteen (18) years of age or older at the time the application is submitted to the Issuing
Authority;
(2) Has been convicted of any crime directly related to the occupation licensed as prescribed by
Minnesota Statutes, Section 364.03, subdivision 2, and has not shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by
Minnesota Statutes, Section 364.03, subdivision 3;
(3) Is not a citizen of the United States Or a resident alien or does not have the legal authority to work
in the United States;
(4) Is not of good moral character or repute; or
(5) Has knowingly misrepresented or 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)
SEC. 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. 14.275. SEVERABILITY.
If any section, subsection, sentence, clause, or phrase of this Division is for any reason held to be invalid,
such decision shall not affect the validity of the remaining portions of this Division. The City Council hereby
declares that it would have adopted the Division In each section, subsection, sentence, clause, or phrase thereof,
irrespective of the fact that any <;lne 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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OROINANCE "-12 ;;.~
An Ordinance pertaining to the practJce 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:
f. Legislative Findings of Fact
The practice of massage has, in certain con-
texts, been used in many communities as a
means of practicing prostitution. State licensure
of bona fide Therapeutlc Massage Practitioners
does not exist, but the bona' 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 massage practitioners
who are in fact engaging in illicit practices.
Further, the public health, welfare and safety of
patrom of-.Th~rapeiJtlc Massage dictates that
certain controls be establiShed to anure that this
,'-practice will be responsibly discharged,
Consequently, it is In the best interest of th~
public that certain contlols and regulations be
established for the practice of Therapeutlc
Massage. There Is hereby added to the Ham
Lake City Code art Article 9-2000, to read as
follows:
9-2000 Therapeutic Massage Regulations
9-201 0 DefInitions. The following definitions
shall apply to this Article 9-2000.
9-2011 Therapeutic Massage. Therapeutic
Massage means the practice o~ administering
physical therapy through the massaging,
rubbing, kneading or other manipulations of the
body, administered solely for therapeutic
purposes. Massage which results or Is intended
to result in the sexual gratification of the recipi-
ent is not Therapeutic Massage. .
9-2012 Massage Therapist. A Massage
Therapist is a person engaging in the practice of
administering Therapeutic Massage, and who
meets the following qualifications:
a) 'The person has completed 400 or more
hours of training at a bona fide therapeutic
mamlge school, and
b) The person has passed the National
Certification Examination for Therapeutic
Massage and Bodywork, and remains in
good standing as to any ongoing continuo
ing certification requirements,
9-2020 Permit Required. No person shall
practice Therapeutic Massage from any location
in the City unless the person first obtains a
Therapeutic Massage Permit (TMP) from the
City Administrator, after review by the Planning
'Commission a"nd approval by the City Council.
Fees for the permit shall be established by reso-
lution of the City Council.
9.2021 Eligibility Requirements. 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 shall meet the definition at a
Massage Therapist as found in Article
9-2012;.
c) The location from which the therapeutic
massage practice wi<< be conducted 5hall be
identified and approved as provided in
Article 9.2030 below.
d) 'No person shall be granted a TMP if found
to have ~ve!. been,'convicted of a crime
Involving moral turpitude, specifically
indudlng, any crime ,inv91vlng panderIng,
prostitution, or sexual misconduct. Each
applicant shall consent to a criminal hlstoiY
background check to be conducted by tIHi
office of the Anoka County Sheriff, which
shall be updated annually. Compliance wIth
this section shall :be continuing in nature.
and an event occurring subsequent to the
Issuance of a TMP which would have ren-
dered the applicant ineligible for a l'MP had
the event or circumstance occurred prior to
issuance of the TMP shall. be grounds" for
revocation ofthe TMP.
9-2022 Exceptions. A TMP shall not be
required of any person Ucensed by the State of
Minnesota to practice in a medical field, such as
medicine, chiropractic, or podiatry, nor shall a
,TMP be r~quired of a person engaging In
therapeutIc Massage which does not involve
physical contact between the practitioner and
the recipient which occurs below the shoulders.
This exemption Is specifically intended to apply
to barbers and beauticians.
9-2030 Premises
9.2031 Zoning Districts. Therapeutic
Massage activity may be conducted from
premises located In CO-2 -zoning districts. In
aren In which the zoning category permits sin-
gle family residential uses (R-l, RS-l, pu~, Ml
PUD andC-A), Therapeutic Massage maybe
conducted only upon the Issuance of a
Temporary Conditional Use Permit Issued under
Article 9-870. The tenure onhe Temporary
CondItional Use Permit shall be at the discretion
of the City Council. It a Temporary Conditional
Use Permit is required, tile applicant shall meet
aU of the requirements of this Code pertaining
to Te~porary Conditional Use Permits..
9-2032 Physical Characteristics. AU locations
from which Therapeutic Massage is conducted
shall meet the following requirements:
a) The facHity shall maintain proper sanitation
designed to protect the health of patrons,
and sna.1I ,:"e7t the sanitation requirements
of any ,urlSdlction having any regulatory
control over the activity;
b) Hours of operation shall be limited to 8:00
am to 10:00 PM;
c) ~igna.ge shalt be limited to a single sign. not
.r.'umlnated or capable of illumination. The
slgnage snail be limited in size to six square
feet, and .shall contain no neon fighting;
d) The location shall have r~ceived a Certificate
of Occu~ancy issued tor the sole purpose of
condu~t:tng Therapeutic Massage. and ~haU
at all times observe all of the conditions ot
the Certificate of Occupancy. A Certificate of
Occupancy shall not be issued until and
unless an application for same shail have
been reviewed by the Planning Commission
and approved by the City Council which
may e~tablish additional conditions' for the
operation of the activity;
e) As ~ .condition to the issuance of any
Ce~'flCate of Occupancy, the applicant shall
consent in' writing to random inspection by ,
City agents during all busineu hours'
f) A Certificate of Occupancy Is not t~ansfer_
able~ ~ndshall be Issued only to a person
holding a TMP.
Presented to the Ham Lake City Council on
June 21. 1999 and adopted by a 4-1 vote of the
Ham Lake.Clty Council this 6th day o( July
1999. . .
Cary Khlceide, Mayor
Doris Nivara, Administrator
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Published in Anoka Co. Union
Jury 9, 1999
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r'2JONh=ITY OF LITTLE CANADA .
ORDINANCE NO. 428
AN ORDINANCE ADDING CHAPTER . ~
2220 TO THE MUNICIPAL CODE OF
THE CITY OF UTTLE CANADA, RELATING
TO MASSAGE THERAPY AS AN
ACCESSORY USE '
THE CITY COUNCIL OF LITTLE ~~
. HEREBY ORDAINS AS FOLLOWS: i\ 'b .
section 1. (7\,:
Chapter 2220 of aha Municipal Cade 6
City at Little Canada ls hereby added to read -
as follows: ,
2220. M....g. Therapy.. an Acce..o"
UN. . ~: I
2220.010. Definition.. I
1. The term "massage therapy" means ~he '.1
rubbing, stroking, kneading, tapping or rolPng .
of the body with the hands or other p8l18 of Pl. .
body for the exclusive purposea 0' relaxation. .
physical fitness, or beaU1lf1eatlon and fot;no
other purpose. j
The practice of massage therapy Is hereby
declared to be distinct trom the licensed prac.
tlce of medicine. osteopathy, 'c~lropraetlc.
physical therapy, podiatry, and nursing, as Wen
as the professions of athletic coaching and
training. Persons eng~ In those professIOns
are exempt from the provisions of ihls
ordinance.' .;
2. The term "massage therapist'" means a
person' who practices massage therapy. I
3. "Massage Therapy Establishment" shall
mean Bny room or room wherein a person may
receive 'a massage from a 'massage theraPist'
for a fee. ;
4. "Sanitary" shall mean free from \he
vegetative cells of pathogenle-mlerO-organlsms;
5. The' term "acc:essory use" 81 used In 1hls
chapter means a use at the sam. location with.
and of a nature customarily Incidental and
subordinate to, the principal use far SaJd
location. ~
2220.020. Ueen.. for ......S. Therapy: as
an AccelllOry U.., '
1. No person, partnership or corporation shall
engage In a busineee. which has massage
therapy as an accessory use, without being
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 tlm. nonrefun-
dable InitIal application fee of $100.00.
3. If the application for a license under this
chapter Is granted, the $1 00.00 fee above shall
be the Urst year's license fee. Thereafter, the
annuat license fee shall be $100.00. A separ$te
license shall be obtained for each place~ of
business.
2220.030. Granting, Denying and Ruclo.
ding of UeeRf81 for M....ge Thenlpy.. an
Accessory Use. "
1. Licenses may be granted only ~ to
establiShments associated with and operating
within the confines of and Incidental to a pro.
perly zoned beauty parlor.
2. No mQf8 tnan two'{2) massago theraplst
Individual licenses wm' be-'lssued to' any ...
business establishment. ;
3. Ucenses may be denied or rescinded if the
premises of the establishments do not meet. the
requirements of the City Council. and of the
building, safety and sanitation regulations of the
CIty of Little Canada. and State of MinnesOta.
4. Licenses may be denied or rescinded If
there Is any fraud or deception Involved In the
license application.
5. Ucenses may be denied or rescinded If the
applicant, licensee or empioyee of the same fatl
to comply with. or have a history of vlolatlons ' ./
of the laws or ordinances which apply to heaith.
safety, or moral turpitude. "
6. The City Council may attach such
reasonable conditions to the license as It, In:lts
',' sole -.liI_sc;~t19.f"!i c!~ms"Jo._be., !!lPP1'9Pr:i.\e~", .-;, :;;~.~
7. The City may run criminal history ch98 -" '.--
on any applicant for a. lIcerise~putsuant to this .
chapter. -. ~
2220.040~' Mas..g. Therapy Only by'
L1cenaed Persona. ~
1. No person shall provide massage theraPy
wl1hout being licensed IndMdually as provided
In thIs chapter. ,_,~
2. Application for 16cense. Any person desir.
Ing to be licensed shall file an application on '.
forms provided by the City Administrator. The
application shatl contain .such Information as
the City Administrator may require. Including:
(A) The applicant's full narne, address, social
security number, and written proof of age.
(8) The name and address of the establish--
ment by which the applicant expects to be
employed.
(C) A statement concemlng whether the per.
son has been convIcted of or entered a plea of
I guilty to any crime or ordinance violation and,
II so, Information as to the time, place and
. nature of such crime or offense.
(O) Proof that the applicant meets the: toIIaw.
Ing educational requirements:
(I) A diploma or certificate 01 graduation from
a school approved by the American Massage
Therapist Association or other similar reputable
massage associatIon; or
(Ii) A diploma or certificate of graduation from
a school which Is either accredited by a
recognized educational accrediting association
Of' agency, or Is licensed by the State or local
government agency having Jurisdiction over the
school.
(III) Each applicant shall also furnIsh proof at
the time of appllcalion of a mInimum of six hun-
dred (600) hours of successfully completed
course work In the following areas:
a) The theory and practice of massage, In-
cluding, but not limited to, Swedish, Esalen,
Shiatsu, andlor Foot Reflexology 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 applies. j
tlon and license fee fOf a massage therapist Is . identifying hlmseJflherseJf by hIs/her Ifue Jegal
Seventy-Five and NoIl00 ($75.00) Dollars. name and correct address.
4. Review of application. Ucense appllca1lons -3. During business hours, all massage
shall be reviewed by the City Administrator, and th'erapy establishments shall be open to lnspec-
the Sheriff's Department may run crimina! tlon by City Building and Ucense Inspectors,
history checks on applicants. Health Officers. Bnd pollee officers. " .
5. Denial of application. The license applies- 4. Any person licensed hereunder shall prac-
tion may be denied lor any of the following .. tlce massage 1herapy only at such location or
reasons: .. loca.tions as are designated In the license. Any
.1
(A) The application contains false, fraudulent, I person registered hereunder sh!lll Infqrm the'
pr deceptive statements. " ,.:1' City AdmInistrator, In writing, of any change in
(8) The applicant has been convicted of or location prior to I!s occurrence.
entered a pfea of guUtv wltt1in the previous thr;ee ,; S. No customers or patrons shall be allowed
(3) years to a violation of this chapter or of any to enter or remain on the licensed premises
other law regulatlng the practice of massage, ,:' after 9:00 p.m. or before 8:00 a.m. dally.
,.
or of any law prOhibitIng crimInal sexual con. 06. No beer, liquor, narcotic drug or controllw
duct. prostitutIon, pandering. Indecent conduct ') ed substance, as such terms are defined by
or keeping pI a disorderly house. ., state statutes or the CIty Cod.e, shall be permIt.
(C) The appilcant has not complied with a ~i:'. ted on licensed premises:" .
provIsion C?f this ordinance. .. 7. Violation of any law or regulation relating
(0) Th~ applicant Is less thafl eighteen (18) .,~: to buliding. salely or health, shall be grounds
years of age. , , I for revocation of any license.
,
2220.050. Re...ocatlon or SU8pen"on of ',8. T~ere shail be no leeks on doors ot
Lleense. A license may be revoked or suspend- ~ssage rooms. ". ~', ,'''' . -
ed for any' of the followfng reasons: . 9. WhenElve~ a massage Is gIven. It shall be
1. Fraud, deception. or misrepresentation in required by the -massage therapist tnat the per.,
connection with the registration application. son who Is receiving the massage shall have
2. A violation of any provlslon 01 this chapter. her breasts and his/her buttocks and genitals
3. Conviction of a criminal Sexual Conduct, ' covered bY a nontranspat:ent material.
prostltutlon, pandering, Indecent conduct, or ,.., .10. Any massage therapists performl!'}g any
J keeping a disorderly house. massages shall at all times have her. breasts
4. Convlctioit'of, any crime or ordinance vioIa~ and his/her buttocks and genitals covered with
tlon arising out of the practice of massage a nontransparent material.
therapy, ' ' 2220.070. Violations. Penalty. Every person
5. Exhibition of a demonstrable lack of s~1I or. entity who violates thl~ ordinance is guilty of
In the practice of massage therapy. a mIsdemeanor.
2220.060. Re_trlctlons and ReguIaUoni.~ . Section ~.
1. Any person reglstereCI as a' massage . :Thls Ordinance shall take effect and be In
therapist hereunder shall display sueh Ilceose, I tO,rce from and after Its passage' and
9r a true copy thereof. In a prominent p4ace at publlcatlon.
such person's 'p1ac~ of employment. PASSED by the City Council of Uttle Canada
2. Upon demand of any police officer at the I this 24th day of January, 1996.
place of empfoyment, any person licensed " .Mlchael I. Fahey
hereunder shall produce correet ktentif\CaUon, . 3
ATTEST: Joel R. Hanson ' Ayes - 5
City Administrator.' . Nays - 0
(Rosevl~la Review: Jan. 30, 1996)
/}./
i~
.~
,
CITY O:F LITTLB CAlIIl\DA
APPLtCATION FOR MASSAGE THERAPY ESrABLISllMEN'I' LICENSE
(Must be accessory or incidental to properly zoned beauty salon.)
Lioense Fee - $100.00
__ NEW
RENEWAL
Please complete the following. It the application is by a
natural person, by such person; it by a corporation, by an
officer thereof; if by a partnership, by one ot the partners; it
by an unincorporated aeeooiation, by the manager of managing
officer thereot.
1. Name of Applicant (name of individual, partnership,
corporation, or association):
(If Individual) LAST
FIRS'!'
FULL MIDDLE NAME
2. lfaJ1le ot BClautv Salon under which applicant will be doing
business, brtsiness address, and telephone number:
Full Name
Business Address
Srtsines$ Telephone
3. Type oC Applicant:
______Individual
_____partnership
_____Corporation
Association
other
4. A. IC applicant is an individual:
Name
LAST
FIRST
FULL MIDDLE NAME
Date o1! B1rth
Residence Address
Residence Telephone
Business Address
Business Telephone
social Security NUlllber
Driver's License Number
1
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,
5. A. If applicant is a partnerShip, state full nam~,
residence, and business address, telephone numbers, and
interest of each ~emb~ of the partnership; (If more
than three, include them on a separate sheet.)
1. Full Name
LAST
FIRST
FULL MIDDLE NAME
Date of Birth
Interest_.__ %
Residence Address
Residence Telephone__________
Business Address_____
Business Telephons__
Soolal Security Number
Driver's License Number___
------
2. Full Name
LAST
FIRST
FULL MIDDLE NAME
Date ot Sirth
Intere$t___%
Residence 1\.ddre0:6____._
Residence Telephone
Business Address
Susiness Telephone___.
social Security Number_____
Driver's License Number
3 . Full Narne____.._
LAST
FIRS'!'
rULL MIDDLE NAME
Date of Birth___.__
Residence Address__
Residence Telephone___
Business A~dr.ss____
BUSiness Telephone_.___
Social Security Number
tnterest__.___ %
"---'"
Driver'S License Number___
2
gEm8PI9gmu\!~
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.
B. The managing partner will be__
C. Attacn a true oOPY of the partnership agreement, and a
oopy of the certificate of trade name under provisions
of Chapter 333, Minnesota Statutes, certified by the
Clerk of District Court.
6. A. It the applicant is a corporation or association, give
the name of corporation or association, branch address
and telephone number, and home office add~e6s and
telephone number:
Name
State of Incorporation or Associatioll...-.___.__
Branch Address
------.--
Branch Telephone Number__~
Home Office Address___
Home Office 'l'elepllone Number
B. The full names, residence address, and telephone numbers
of all officers of said corporation Or association:
President
LAST
FI llS'r
FULL MIDDLE NAME
ResldencQ Address
ResidenCe Telephone Number
Date of Birth
Social security Numbar_.
Driver's License Number
vice President
LAST
'_w_______
FIRST FULL MIDDLE NAME
Residence Addre~5______
Residence Telephone Number
Date of Sirth
---...
Social Security Number_
Drivar's License Numhar_______
3
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p ~ 71 ;Jlil.l T n-C?->iHU
li~liNW) ';nl 11"1 .Ii 11 T~
~n .~
.
secretary
LAST
~--.-
FULL MIDDLE N~~E
FIRST
Residence Address
Residence Telephone Number
Date of Birth
Sooial Security Number
Driver's License Number
Treasurer
LAST
FIRST
FULL MIDDLE NAME
Residenoe Address
Residenoe Telephone Nu~ber
Date of Birth
Social security Nurnber__
Drive.r's License Number_____
C, The full names, residence address and telephone number of
all persons who singly or with others own or control an
interest in said corporation or assooiation in excess of
five (5) percent:
1 . Fu 11 NSl.me
LAST
FIRST
FULL MIDDLE NAME
Date of El.irth
Interest
t
Residence Address_______
---.-,.",...-
Residence Telephone_____
Social Security Number
._--.-
Driver's ~icen5e Number
2 . Full Name
t.AST
-
FULL MIDDLE N~~~
FIRST
Date of Birth
Interest____________t
Reddence Addrese________.__
Residence Telephone
-----....._--
4
QCc;ililRilT~Ljl~rJI~_ Ht1HlJIin :1ll1 il ~n l: Tn
,?:i7! ~nlJ Tn-q?-~HIJ
Lm
on '~
Social Sec~rity Nwnber______
Driver's License NUmber____
3. l'u11 Name
LAST
FIRST
FULL MIDDLE NAME
Date ot B1rth____.__._ Interest..__ %
Residence Address
Residence Telephono______
Social Security NUmber__
Driver's License Number
4. Full Name
LAST
FIRST
FULL HI DDLE NA.'!E
Date of Birth
Interest
..S/;
ROeidence Address___
Residence Telephone
social Security Number
Oriver's License Number
D. The full name, residence address and telephone number at
the manager, proprietor, or other agent in charge cf the
individual's, corporation's or association's premises to
be liceneed;
Full Name
LAST
FIRST
FULL MIDDLE N&~t
Date of Birth
Residenoe Address
-..-.-,--_.~-
Residence Telephone___.____
Social Seourity Number________
Driver's License Number__________
E. AttaCh a true copy of the Articles of Incorporation or
Association Agreement.
5
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""bi Ur'lJ.I 1n_07_>l\l1.I
,
7. How is the property classifiQd under the Little C~nada Zoning
Ordinance?
a. state full name, residence and business address, and
telElphone numbers ot owner or owners or the building wherein
the licensed business will be located, it owner is other than
tha applicant:
Full Name
LAST
FIRST
--'FiiLL" MIDDLE NAME
Residence Address
Residence Telephone
Eusiness Address
Business Telephone
F'ul! Name
LAST
FIRST
FULL MIDDLE NAME
Residence A~dress
Residence Telephone
Business Address
Business Telephone
9. A true copy of the lease agreement needs to be attached.
10. What permits or licenses required by Ste.te statutes have. bo;en
applied for or issued tor the premises? In what name where
theee appli~d for or issued, and what is the nature of 'tr.s
permit or license? Include permit or license number.
I understand that the information providecl 1nthis application
may be considered private or confidential data. I further
underQtand that I may not be required by law to provide SUCh
information. The purpose ot prOViding such information is to aid
the City of Little Canada in its determination on my applioation
for a permit. J: acknowledge that prov.iding, or failing to
provide, such information may affect the City'S determination on
my applioation. I understand this information will be made
available to the City of Little Canada, its City Council, agents
and representatives, as well as the Minnesota Department of
6
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P"biJPbTCQ 'mJYH"
_J:II1H\IH~ ';11111J In ill'L_ "?'hl kl01.1 lf1-Q_?-1I,tll
Revenue, or any other person or entity authorized by law to
reoeive sai~ information. I release the City of Little Canada
from any an~ all liability for its receipt and use of data
received pursuant to this application.
STATE OF MINNESOTA)
)
COUNT~ OF )
---.- , being first dUly
$worn, upon his/her oath, deposes and says that he/she is the
person who has executed the above application, and that the
statements made therain are true of hiS/her own knowledge and
bel.lee.
SIGNATURE
TITLE
Sube0ribed and sworn to before me this
19_....._.
day at
._._~,
NCTAR~ PUBLIC
.""---
COUNTY
My commission expires
7
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,
CITY OF ~ITTLE CANADA
APPLICATION FOR MASSAGE THERAl'IST L1CENSE
(Mu~t be accesSory or incidental to properly zo~ed beauty salon.)
Lioense Fee - $75.00
NEW
___ RENJ;;WAL
Please oomplete the ~ollowing.
i. True Name
MS'l'
2. Residence A~aress_____
J. Residence Telephone____
FIRST
FULL MI)DLE NAME
4. Business Address
5. Business Telephone~
6. S,)cial Security Number_.
? Oriver's License Number
---.-..---
8. Date of airth
'-.----
Mo./Day/Year
9. Pl~ce of Birth____
County
-.-
City
-sta.te --
10. O.S. Citi~.n?
Na tura lJ. zecl?
'fes
Yes
--
No
No
If Yes, give date and place
Att~ch a oopy of the naturalization papers.
11. If you have ever used or been known by a natte or names other
than th~ tru.e. name given in No~ 1 abc.ve, list such nal'i'H~(s),
and information concerning elates and places where used,
Names
Dates. Place. and circumst~
-~---
12.
N~me and address of the licensed Massage Therapy
Establishment that you expect to be employed by.
accessory or incidental to properly ~oned beauty
(Must be
salon. )
---
---
~n '~
q"Gbl?Qu rea 'Ii'-l Ifl-l..!
I-1r"H..a..1J..1I'l ':11/ i r 1 J() J 11'1
C:;'hT t..lnn IJ1_C"_l1J.JU
~
1:1. Address (e51) at which you have live<:% during preceding tell
years. (Begin with present or last addre51s, and work DacR.)
14. Kind, name, and location of every business or occupation you
have been engaged in during the precedinq ten years. (aegin
with present business and work back.)
Business or
Q,gCUPdtiQn
street Address
City ang State
Nature of Business
___~r OoCupation
------
_0_-
'<V"_________.
...~...,--'"",
1~
...
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 L:l.tt18 canada Ordinance No. 421:>' (Ol'dinance Atcached.)
16. Have vou ever he en convicted ot any felony, crime, or
violation of any ordinance other than traffic?
_'.'__ YQS
No
If yes, given in!ormation as to the time, place, and offense
tor 1ioIn!ch eonvictiens \~ere had.
--.----,.....,
--...-----------
17. Have you been in military service? ._____ Yes _____ No
If yes, was discharge(s) ever other than honorable?
_.~ ~es No
(Upon r~quest, you may be required to exhibit all
disoharge" . )
18. Are you directly or indirectly inte~e$ted in other
establiShments in the City of Little Canada to which a
license of the sallie kina has been issl.led'?
_,,,__ Yes No
o L 'r;
R:::1;t>t>RP [I;~ 'OJI XI:! e
W1\!N\i:i ;;llJ 1} eO ALI:l
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,
, .
19. Hav~ you had any previous massage therapist license that W~$
revoked, suspended, or not renewed? 'Les __ No
Ie yes, explain in detail:
.."'----.----.--
--_..,..-~---------
20,
Have you ever made
lic~nse or si~ilar
__lies
application for a massage therapist
activity and had such application denied?
No
It yes, explain in detail:
-..-.-....-----,------..-
I und~rstand that the information provided in this applioation
may be considered private or confidential data. I further
un~erstand 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, ~uch information may atrect the City'S determination on
my application. I ~nderstand this information will be made
available to the city of Little Canada, its City Council, agenda
and representatives, as well as the Minnesota Department ot
ReVem1e, or any other person or entity authorhed by law to
receive said information. I release the city of Little Canada
from any and all liability for its receipt and Use of data
reoeived pursuant to this application.
---__, being first dUl',' sworn,
upon his/her oath, deposes and says that he/she is the person who
has executed the above PerSOnal Information Form, and that the
statements made therein are true of his/her OWn knowledge and
belief.
signature
SUbsoribed and sworn to before me this _____ day of ______
19_.____.
Notary Public
---.. ....-
County
My Commission Expire5
!T '"
''''CbMlhICQ '11M VHJ
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. ,
:2:2 02. MASSAGE THERAPY AS AN ACCESSO:R1C USE.
2202.010. OEFINIT70NS.
1. The t,,= "massaga therapy" means the rubbing, stroking,
kneading, tapping or rolling of the body with the hands or other
pa.rt.ll of tho body for tho exclusive purposes of relalCat1on,
pl:\y:ll1.::al fitness, or beautification and for no other purposa.
The practice of massage thera~y i. hereby declared to
J:loa di.tinc:t from tho licensed practice of medicine, osteopatl'ly,
chiropractic, physical therapy, podiatry, and nursing, as well as
the proteesions of athletic coaching and training. Persons
engased in those profel!laions are exempt from the provisions of
this ordinance.
2. The term "massage therapist" m<!!ans a person who
praotices massage therapy.
3. "Massage Therapy EstablishJnent" Shall mean any r~,om or
rac1l\S wherein a person lIlay receive Ii! rnas:!i!l.qe from a "massag"
therapist" for a fee.
4. "S,ulitary" shall mean free from the vege'tatj,v6I cells 0.'1:
pathcqanic-micro-organ1sll1s.
5. The tet'1:1. "accessory use" as used in this chapter llIeans
a usa at the sama location with, and Of a nature customarily
incidental and subordinate to, the principal use for said
location.
2202.020. LIC~~SE FeR ~SSAGE THERAPY AS .~ ACCESSORY USE.
1. No PQrso~, partnership, or corporation shall engage in
a DUBin.ss, which has massage th~rapy a~ an acoessory use,
witho.~t being licensed a5 provided in this chal?t~r.
2'. The init:i;t.l aP91ication for a license l:1y a business
ahall be ~ade by completing an application torm p~cvided by and
containing SUch infot'lllation as required by the City A,:bninistrator
and by paying a on.. time non-refundabb ini';i,,>. app~ication fee
of $lOO.oo.
3. IJ: the applicatJ,an for a lioa::1se under this cl~aptar 15
qrantO!1<d, th.. $100.00 flile above ilhall J:le the first year's licellse
fee. :I:hereaft",r,thlll annual lice:1se fee sball b-a $100.00. A
sepa.ate l.i.cense shall be obtained for el'1ch placli of busine5s.
2202.030. GRANTING, DENYING AND RESCINDING OF LICENSES FOR
MASSAGE THERAPY AS AN ACCESSOR~ USE.
1. Licenses may be gra~t4d only to establishments
2202-1
." . .
rd r,
RF~f:>f1ni>!qA 'ON Xl!";
\lCoNH:"! :n Iii 1 ;0 A 11:"1
11.:"1 fJ(IJ.J In-01.-;'!HLI
,
~ssociat.d with and operating within the confln~s of and
inoidental to a properly ~oned beauty parlor.
2. No more than two (2) massaqe therapist individual
licenses will be issued to any business astablishment.
3. ~icen..s may be denied or rescinded if the premises at
the establishments do not meet the requir.ments of the C~ty
Co~,eil, and of the buildinq, safety and sanitation ~esulations
of the City of Little Canada, and State Of Minnesota.
4. Licenses may be denied or rescinded if there is any
fraud or deception involved in the license applicaticn.
5. Licenses may be denied or rescinded if the applicant,
license. o~ employe. of the same fail to comply with, or have a
history of violations of the laws or ordinances which apply to
h$alth, s~f.ty, Or moral turpitude.
6. The City Council may attaCh such reasonable condi~ions
to the license as it, in its sole discretion, daMS to be
appropriate.
i. The City may run criminal history checks on any
applicant for a license pursuant to this Chapter.
2202.040. MASSAGE TH!RAP~ ONLY 8Y LICENSED PE~ONS.
l. No person shall pJ:'ovide mi!lssage therapy wi.thout being
licensed individually as provided in this Chapter.
2. Application for lioense. Any person deSiring ~o be
licensed shall file an applioation on forms provided by the City
Administrator. The application shall contain SUch information as
thQ City Administrator may require, incluQing:
a. Th. applicant's full name, ~ddr.ss, 5o~iel
security number, and written prOof of age.
b. The name and addre~s of the .stablis~.ent by which
the applicant expects to be employed.
c. A stat~mQnt concerning whether the parson has been
Oonvicted of or entered a plea ot guilty to any
crime or ordinance violation and, if so,
information aa to the time, place and nature of
such crime or offense.
d. PrOOf that the applicant ilIeeta the t'olJ.owing
.duoation,'l.l I:"equirements:
(1) A diploma or c~rtificate of graduation from
2202-;2
r,', .'
1"".. ,.,
R~CbuRbTCQ 'n~ YH,
HI1H~H,~ ~'1' III ~n ; I 1(1
p~,:, 1 iJrIl.I r l1-a~-;'JI.j1.l
,
(3)
a sChool ap~roved by the American Massage
Therapist Assooiation or other similar
reputable massage association; or
(2) A diploma or oer~ificate ot graduation from
a school whioh is either accrGdited by a
reoogni~ed educational accrediting
association or ageney, or is licensed by
the state or local government agency having
jurisdiotion over the school.
Each applioant shall also turnish proof at
the time of application of a minimum of six
hundrad (600) hours Of suocessfully
completed course work in the following
areas;
(a)
The theory and practice of massage,
including, but not limited to, Swediih,
Eealen, Shiatsu, and/or Foot
Reflexology techniques; and
(0) Anato~y, inclu~inq, but not limited to,
skeletal and muscular structure and,
organ placement; and
(0) Hygiene.
3.
tee fer a
($75.00) .
Fee. The annual non-refundable application and license
massaqa therapist is SeventY-five and No/loa Dollars
4. Review of application. License applications ~hal: be
reviewed by the city Administratcr, and the Sheriff's D~partment
may run criminal history checks cn applicants.
5. Oen~al ot application. the lioense application may ~e
denied for any of the following reasons:
a. The application conca ins false, fraudulent, or
deceptive statements.
b. ~h. applicant has been Qonvicted of or entered a
plea ot guilty within the preVious three (3) years
to a violation of this chapter or o( any other law
regulating the practice of massage, or of any law
prohiJ:>iting criminal ulCual oonduct, p~oeJtitution,
pandering, indecent conduct or keeping cf
disorderly house.
c, The applicant has not complied with a prOVision of
this ordinance.
2202-3
iiI 'd
REGflliRfl [,g 'ON XY ~
\j(1i1NBO nUll ,n ,.I r ~'-
Ri: f7 I Nnw In-Q;'->!BiJ
F
d. Th. app1.i.oant i.s lus than eight$en (18) years of
age.
2202.050. R~OCATICN OR SUSPENSION OF LICENSE. A license
lIlay be revoked or 5U~pel'ld..d for: any of the following reasons:
1. Fraud, decep~ion or misrepresentation in conneotion
~ith the registration application.
2. A violation ot any provision at this chapter.
3. Conviotion of a criminal sexual conduct I prostitution,
pandering, indecent conduct, or keeping a disorderly house.
4. Conviction of any cr:ime or ordi.nl.lnce violation a:E:ising
out of the practice of massage therapy.
S. Exhibition of a demonstrable lack of skill in the
practice of massage therapy.
2202.060. RESTRICTIONS AltD REGULATIONS.
1, Any p.rson register~d as a massage therapi5t hereuncte~
shall display such license, or a tr~e cop~ thereot, in a
prominent place at such person's place of employment.
2. Upon demand of any police officer at the place of
employment, any person licensed hereunder shall produce correct
identification, identifying himself/herself by his/her true legal
name and correct address.
3. DUring business hours, all massage therapy
establishments shall be open to in$pectio~ by City Building and
License Inspectors, Health Officers, and police officers.
4. Any person licensed hereunder shall practice massage
therapy only a~ such loca~ion or locations as ~r4 designat~d in
the li~.ns.. Any person registered hereunder shall inform the
City Administrator, in ~Ti~inq, Of any change in location prior
to its occurrence.
5. No customers or patrons shall be allowed to enter or
remain on the licensed premises after 9:00 p.m. or ~efore S;OO
a.llI. daily.
6. No beer, liquor, nar~otic drug or controlled substa~ce,
as su~h terms are defined by Stl.l~e statutes or the City Code,
shall ce permitted on licensed premises.
7. Violation of eny law or re~lation rQlating to
building, satety or health, shall ~e 9roun~s for revocation of
any liCense.
2202-4
C i '~
Q~CbtQbrCa 'n>! '1>1,
Hnl-lMl-ln ~l1r 1;1 ,n ,r Tn
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,
S. Ther$ ebsll be no locks on doors of massage rooms.
9. WhlllnevEU' a mas,ilsge is given, it shall be required by
the lC.assaqe therapia":. that the person who is reoeivinq ":.ha
~assag" shall have har breasts and hiS/her buttooks and genitals
oovered by a nontransparent material.
10. Any massage tnerapist:s performing any massages shall at
all times have her breasts and his/her buttocks and genitals
covered with e nontransparent ~aterial.
2202.070. VIOLATIONS, PENAtTY. Every person or entity who
violates this ordinance is quilty of a ~isde:.eanor.
(Source: Ord. 428)'
2;:02-!;j
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810.005
(){<P\IVAAfck'
1'-\ \ ';IWt:I7J ,V( /\_
~' J L (~.iTI)
Public Health; Public Nuisances
.
. SECTION 810. MASSAGE SERVICES.
810.005. Defmitions. Unless the context clearly indicates otherwise, the words below are
defined for the purpose of this section as follows.
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 services 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.
6. "Masseur" means a male person who practices massage.
I
II
I
I
5. " Adequate" or "approved" means acceptable to the health authority following his/her
determination as to conformance with public health practices and standards.
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
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therapeutic massage professionals that has a similar written and enforceable code
of ethics;
(2) has insurance coverage of $1,000,000 for personal liability in the 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
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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:
(I) the true name, place and date of birth, resident address and phone number of the
applicant;
(2) whether the applicant has ever used or has been known by a name other than
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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Minnetonka City Code
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(9) whether the applicant has training or experience in performing massage services. '\
c. if the applicant is a partnership:
(1) the names and addresses of the partners and for each partner all information that
is required of an individual applicant in subparagraph b, above;
(2) the name of the managing partner(s) and the interest of each partner in the
business; and
(3) atrue copy of the partnership agreement. If the partnership is required to file a
certificate for a trade name under state law, a copy of that certificate must also be
attached,
d, if the applicant is a corporation or other organization:
(1) the name; and if incorporated, the state of incorporation;
(2) a true copy of the certificate of incorporation, articles of incorporation or
association agreement, and by-laws. If a foreign corporation, a certificate of
authority to do business in Minnesota must also be attached;
(3) the name of the manager or proprietor or other agent in charge of the business to
be licensed and all information concerning this person(s) as is required in
subparagraph b, above; and
(4) a list of the officers or directors of the corporation or organization and all
information concerning this person(s) as is required in subparagraph b, above.
e. whether the applicant is licensed in other communities to run similar businesses, and
if so, where;
f. the names of those individuals to be licensed and working for the applicant in the city
of Minnetonka;
g. whether the applicant has previously been denied a massage license;
.
h. the name, residences, and business addresses of three residents of Hennepin county,
of good moral character, not related to the applicant or fmancially interested in the
premises or business, who can provide information about the applicant's and/or
. ... manager's character;
Minnetonka City Code
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Public Health; Public Nuisances
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i. the location of the business premises; and
J. other information as the city may require.
2, Personal service licenses.
a. all the information required under section 810.020(1), subparagraphs b, e, g, h, 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:
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1. is under 18 years of age;
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810.0~
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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 responsib!!ities 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
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.
~~\:%o><-;.,
1. Business licenses.
a. Applications for business licenses will be referred to the police deparrment for
investigation of the facts set forth in the application. The police deparrment 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 opportunity to
speak for or against the granting of a license. A license, other than a renewal, may
not be approved by the city council before the next regular meeting of the council
after the hearing.
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Minnetonka City Code
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810.045
Public Health; Public Nuisances
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c. Renewal.applications. Except for a massage therapist business, not less than 10 days
nor more than 30 days after the date for submitting renewal applications, the city
council will hold the public hearing. Notice of the time and place of the hearing and
the fact that a renewal application will be considered must be published in the official
newspaper 10 days before the hearing. At the hearing, the public must be given an
opportunity to speak for or against the granting of a license.
d. A license for a massage therapist business will be considered and renewed in the same
manner as a personal service license.
2. Personal service licenses.
a. Applications for personal service licenses will be .referred to the police department for
investigation of the facts set forth in the application. The police department must
prepare a written recommendation regarding issuance of the license. The community
development director may conduct additional investigation as he/she deems necessary.
b. The community development director will make the determination whether to approve
or deny the license. A denial must be communicated to the applicant in writing
specifying the reasons for denial. The applicant may appeal this denial to the city
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
c9uncil.
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810.055
810.050. License Not Transferable.
1. A license is issued to the applicant only and is not transferable to another holder. No
licensee may loan, sell, give or assign a license to another holder.
2. The license issued for a massage business is only effective for the compact and contiguous
space specified in the approved license application. If the licensed premises is to be
enlarged, altered, or extended, the licensee must inform the issuing authority and receive
approval before doing so.
810.055. Conditions of Licenses.
1. A massage business must not employ or use a person as a masseur or masseuse unless that
person is licensed by the city.
2. A person acting as a masseur or masseuse in a massage business must have his/her license
or a true copy of it, displayed in a prominent place on the licensed premises.
3. A massage business must not discriminate on grounds of race, creed, color, sex, national
origin or ancestry in p~rforming services offered by the licensed establishment.
4. The person who is receiving the massage must at all times have his/her buttocks, anus and
genitals covered with an appropriate non-transparent covering.
5. A masseur performing massages must at all times have his anus, buttocks and genitals
covered with a non-transparent material.
6. A masseuse performing massages must at all times have her breasts, buttocks, anus and
genitals covered with a non-transparent material.
7. A licensee must not solicit business or perform massage services, and a business licensee
must not allow, encourage or direct his/her employee to solicit business or perform
massage services, while the license is under suspension or revocation. In addition, no
personal service licensee may solicit business in a public place or in a licensed liquor
establishment within the city.
8. A licensee must not permit the possession or consumption of alcoholic beverages or illegal
controlIed 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 II1lIY 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 ilIuminatio~,- 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 uS.e.
810.075. Submission of Plans and Specifications. A person who constructs, remodels or
converts a building for use as a massage business must comply with this code. The person
must submit plans and specifications for the layout, arrangement, and plumbing, and
construction schedules to the community development department. A building permit may not
be issued for such construction, remodeling or alteration until the permit has been approved by
the health authority.
810.080. Inspection of Premises. Massage businesses must be open to inspection by city
health, building and license inspectors and police officers during business hours. Upon
demand ,by a health inspector or police officer, a person engaged in providing services in a
licensed premises must identify himself/herself giving his/her true legal name and his/her
correct address.
Minnetonka City Code
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810.085
Public Health; Public Nuisances
810.085. Hours of Operation. .
1. Except with respect to massage therapist businesses, no customers or patrons may be
allowed to enter the licensed premises after 6:00 p.m. and before 8:00 a.m. daily. .No
customers or patrons may be allowed to remain on the licensed premises after 7:00 p.m.
and before 8:00 a.m. daily.
2. At massage therapist businesses, no cnstomers 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. .
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8-18
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Date of Application: ---1---1_
Business License Fee:
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FOR POLICE DEPARTMENT USE
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 information will be used to determine your
eligibility for issuance of a license, permit, or identification card. Failure to provide the information will result in a denial of
the license, permit, or identification card.
Directions:
This form must be filled out with typewriter or by printing in ink. If the application is by a natural
person, by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the
partners; if by an unincorporated association, by the manager or managing officer thereof.
1. Name of applicant (name of individual, partnership, corporation or association):
2. Business Name:
Business Address:
Phone:
(Sl(H!, City, Slate, ZIp Code)
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:
(Strftt, CIty, State, Zip Code)
Business Premises:
Property Owner:
Owners Address:
(Street. City. State, Zip Code)
Owners Phone:
(Arn COde and Number)
Attach copy of lease, mortgage, or property tille.
5. Is the applicant licensed in any other community, and ~ 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.
Partnership
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:
(Street, City, Slate, Zip Code)
Business Address:
(StAtet, City, Stale, Zip Code)
Full Name:
Residence Address:
(Streel, City, St1ll18, Zip Code)
Business Address:
(Street, City, State, ZIJl 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.
Corporation
8. If the applicant is a corporation or other organization, give name of corporation or association and home office address and phone
number.
Name:
State of Inc.:
Home Office Address:
Phone:
(Anla Code and Number)
(Strut, 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:
(Are_ Code and Number)
(Street. euy, State, Zip Code)
Secretary:
Residence Address:
Phone:
(AreB Cod. and Number)
(Street, City, State, Zip Code)
Treasurer:
Residence Address:
Phone:
(Ard Code end Number)
(Street. City, State, Zip Code)
L
(2)
10. The full names, residence address ar.d telephone number of all persons who singly or together wllh their spouse and his or her
parents, brothers, sisters, or children. own or control an interest in said corporation or association in excess of 5%,
Full Name:
Interest:
%
Residence Address:
Phone:
(Ar1NI Code and Number)
(Street, CIty, State, Zip Code)
Full Name:
Interest:
%
Residence Address:
Phone:
(AI1IlI COde and Number)
(Street. City, Stile, ZIp COde)
11. List the names, residence addresses and phone numbers of three residents: a) of the seven-county Twin Cities metro area. if you
reside in the metro area, or, b) in the county in which you live. if you live out of the metro area or in another state, of good moral
character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the
applicant's character. Submit a written referance letter from each person listed balow.
In accordance with Chapter 154, the City Council may require other information upon request.
rJl persons whose names and addresses are supplied in the foregoing application with the exception of references listed in Item 11 and
employees listed in Item 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 S364.03.
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
(Slgnatu'e or AppliCllnl)
Subscribed and sworn to before me a Notary Public
on this
day of
,19 .
Commission expires on:
(Notary Public)
H:\WP\FORMSI,A-1-MASS.BU5
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CITY OF MINNETONKA
14600 MINNETONKA BLVD.
MINNETONKA. MN 55345
(9521 939-8274
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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:lFORMSIA.M....g.ch.
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FOR PoweE DEPARTMENT USE '"
. Date of Application: ---1---1_
, Fee:
Reviewed
Denied
Approved
CITY OF MINNETONKA
PERSONAL SERVICE (MASSAGE)
APPlICA TION FOR A NEW LICENSE
This application form requests information which may be classified as private or confidential under the Minnesota
Data Practices Act. This infonmation is required by State law or City ordinance. The information will be used to
determine your eligibility for issuance of a license, permit, or identification card. Failure to provide the information
will result in a denial of the license, permit, or identification card.
Applicanrs Name: Maiden Name:
(lalli) (Fr.'l (FultMlddleNams)
Residence Address:
(StrMI Name) (ClIy) (SIIII.) (Zip"""')
Place of Birth: Date of Birth: Phone:
(CIty,Stell)
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:
Marital Status: Married
Employer.
Employer's address:
Single
Divorced
Date of Employment:
Have you been convicted for any crime other than a traffic offense during the past year? Yes_ No_
If yes, explain:
Have you ever held a Personal Service License in another community? Yes_ No_ If yes, where?
Have you even been denied a Personal Service License in another community? Yes_ No_ If yes, where?
Have you held a Personal Service License in Minnetonka within the last two years? Yes_ No_
PERSONAL INFORMATION
U.S. Citizen Status: Yes_ No_ If naturalized, date and place:
Social Security Number: Driver's License Number.
Have you had training and experience in performing massage service? Yes_ No_
If yes, specify the training and experience?
Employment Background for the past five (5) years (list below starting with most recent employment):
Q6lli EMPLOYERS POSITION HELD
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.-
.
List your residence addresses for the past five years:
,.
.
. \5"", AddreN) ICIty) (St.le) (lip"""")
(SIrM-\ AdIna.) ICIty) (51_I (lip"",,")
(StrHt Mdren) ICity) (Slat.) (lip"""")
(SIte.1 AddreP) ICIty) IS....) (lIpC"'1
(SIt'HI AddreU) (City) (Slate) (lIpCodoI
list three (3) residents ofthe seven county Twin Cities metro area, not related to the applicant, that will vouch for your sobriety, honesty, and
general good moral character. Submit a written reference letter from each person listed below.
(N~)
(Street, City, SI.le, ZIp Codel
(P~Ho.)
(......1
(511.... City, Stahl. Zip Code)
(PhonoNo.1
(N.....)
(SuN\, City, Stete, Zip COIM)
(PI'lchNo.l
.ppllcants must attach evidence of their education qualifications, including originals or certified copies of Degrees, Diplomas or
ertificates, If any. Applicants must prOVide evidence of their practical qualifications to practice massage.
I HEREBY UNDERSTAND AND AGREE THAT:
1. INFORMATION REVEALED BY AN APPLICANT FOR AN OCCUPATIONAL LICENSE IN THE CITY OF MINNETONKA WILL BE
USED BY THE CITY IN ACCORDANCE WITH FEDERAL AND STATE LAWS REGARDING PRIVACY OF CRIMINAL RECORDS,
2. A CRIMINAL CONVICTION WilL NOT BAR AN APPLICANT FROM OBTAINING A LICENSE WITH THE CITY OF MINNETONKA
UNLESS SUCH CONVICTION IS DIRECTLY RELATED TO THE OCCUPATION FOR WHICH THE LICENSE IS SOUGHT,
ACCORDING TO MINNESOTA STATUTES 9364.03.
3. HOWEVER, FAILURE TO REVEAL A CRIMINAL CONVICTION Will BE CONSIDERED FALSIFICATION OF THE APPLICATION
AND MAY BE USED AS GROUNDS FOR DENIAL OF THE APPLICATION.
I DECLARE THAT THE INFORMATION I HAVE PROVIDED ON THIS APPLICATION IS TRUTHFUL, AND I AUTHORIZE THE CITY OF
MINNETONKA TO INVESTIGATE THE INFORMATION AND CONTACT THE PERSONS NAMED ON THE APPLICATION.
I HEREBY AGREE TO NOTIFY THE CITY OF ANY CHANGE IN THE INFORMATION PRESENTED HERE WHICH MAY OCCUR DURING
THE LICENSE PERIOD.
I HEREBY AUTHORIZE THE CITY OF MINNETONKA TO HAVE ACCESS TO ALL SOURCES OF INFORMATION WHICH MAY BE
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
(Splu'eofApptlearttI
Subscribed and sworn to before me a Notary Public
on this
day of
,19_.
Commission expires on:
(NDlaty Pubic)
I
I............)
"'
. " I .:; ~
1; ,1; ;~ ~.;t!U
'(;iry!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
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
IPolice Investigation Fees also apply to massage licenses)
$1 ,000
$300
$50
*PET SHOPS
ROLLER SKATING RINK
POOLS
Indoor Pool
Outdoor Pool
Each Additional Pool
$95
$110
*TATTOOING
THEATERS
Seating CapacitylScreen
o 300
301 500
501 700
601 1000
More than 1000
$260
$215
$155
$175
TOBACCO. RELATED PRODUCTS
$240
$300
$360
$420
$480
$50
*PLAN REVIEWS
New Establishment 100% of license fee
Remodel 50% of license fee
MASSAGE LICENSE APPLICATION
CITY OF MINNETONKA
In connection with your application for a massage license. you are being requested to
provide data which may be classified as private. confidential. non-public or protected non-
public data under the Minnesota Data Practices Act. This means that this data is not ordinarily
available to the general public.
The purpose of the information requested in the 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 Councilln 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 o. 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 applicetion 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
I
Date
.
CONSTRUCTION REQUlREMaJTSFOR
MASSAGE BUSINESS AND MASSAGETHERAPV
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. Anow at least 70 working days from the time
the plans and necessary infonnation are submitted for the plan review process. 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. Floors must be approved rrlaterials such as ceramic tile, quarry tile, or terrazzo with a
coved base.
2. Walls must be approved materials from the floor to a height of five (5) feet, such as
ceramic tile, fiberglass reinforced panels, or similar.
3. Ceilings must be cleanable, such as washable paint or cleanable tiles.
4. Mechanical ventilation must be provided.
5. Toilet rooms must have self-closure devices.
Note; linens and other cloths may be washed in a commercial laundromat instead of on-
site laundering.
STORAGE & LOCKERS FACILITIES
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
1. Massage furniture must be smooth, nonabsorbent and easily cleanable, such as vinyl
or plastic coated items.
Note; Persons applying for a massage business license not meeting practitioner
requirements, must undergo public notification and appear before the City Council
for approval.
Minnetonka Environmental Health Division. 14600 Minnetonka Blvd.. Mtka.. MN 55345. (61 ZI939.8Z79.
5/97
H:IWPIHEAL 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
L..2.ii;~!i.".i~U:. .........TV: i.....""-;..:.};.~,;... i's: .)'./..1' . LICENSE FEE
.!iF".......
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 Therapist $50
(Police 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 Federal Privacy Act of 1974, we must advise you that:
. This information may be used to deny the issuance, renewal or transfer of your license if you owe the Minnesota
Department of Revenue delinquent taxes, penalties, or interest;
. The licensing agency will supply it only to the Minnesota Departmentaf 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 fallawin9 information and return this form aiong with your application to the City of Minnetonka.
Please print or type
Type of license being
applied for:
Personal information:
Applicant's iast 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 identification number is not required, please explain on the reverse side of this form.
Signature
Tille
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 of the insurance company,
the policy number, and dates of coverage or the permit to self-insure. This information will be collected
by the licensing agency and retained in their files.
This information is required by law, and licenses and permits to operate a business may not be issued
or renewed if it is not provided and/or is falsely reported. Furthermore, jf this information is not provided
or falsely stated, it may result in a $2,000 penalty assessed against the applicant by the Commissioner
of the Department of Labor and Industry.
Insurance Company Name:
(NOT the insurance agent)
Policy Number:
Dates of Coverage:
to
(or)
I am not required to have workers' compensation liability coverage because:
o I have no employees
o I am self insured (include permit to self-insure)
o I have no employees who are covered by the workers' compensation law (these include:
Spouse, Parents, Children and certain farm employees)
.***.***............***
I certify that the information provided above is accurate and complete and that a valid workers'
compensation policy will be kept in effect at all times as required by law.
Name:
(last, first, middle)
Doing Business As:
(business name if different than your name)
Business Address:
City, State, Zip:
Signature:
Phone: (
Date:
FOR POUCE OEPARTMENT USE
Date of Application: -1-1_
CITY OF MINNETONKA
Reviewed
Denied
Approved
IN SUPPORT OF AN
APPLlCA TJON FOR A NEW MASSAGE SERVICE
BUSINESS LICENSE
PART 2 . Personallnfonnation
This application form requests information which may be classified as private or confidential under the Minnesota Data Practices
Act. This information is required by State law or City ordinance. The information will be used to determine your eligibility for
issuance of a license, permit, or identification card. Failure to provide the information will result in a denial of the license, permit.
or identification card.
Directions:
This form must be filled out with typewriter or by printing in ink by the sole owner, by ~
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:
(.....1)
(First)
(FuU Middlll N8mlll)
Residence Address:
Phone:
(Street, City, Stat_, Zip Code)
City in which you live:
Business Name:
County in which you live:
{Ettaalilhm.rn torwnictl the m.... Nc:enM iI grartHtd O(."plidd fOrJ
Business Address:
Phone:
(Street. City, Slale, Zip Code)
Place of Birth:
Date of Birth:
(City, County,SllIte)
Weight:
No_
Color of Hair:
If naturalized, date and place:
Driver's License Number:
(Month. 08y, Vear)
Color of Eyes:
Height:
U.S. Citizen Status: Yes
Social Security Number:
Name of Spouse, if applicable:
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 information concerning dates and places used:
5. Address(es) at which you have lived during preceding five years. (Begin with present or last address and work back.)
(Slreet Addrus)
(City, SIate,ZiP)
(Datu)
(SlreeIAddres.)
(Cjty.S~..ZlP)
(Oates)
(Street Addre..)
(City, StatC!l, Zip)
(DIln)
(5lr'" Addren)
(City, SllIle.Zlp)
(Oates)
(Street Address)
(City, Slille,Zip)
(Dale.)
6. Kind, name and location of every business or occupation you have been engaged in during preceding five years. (Begin
with present or last occupation and work back.)
(Business or occupation) jStreel Addrehl (City, SWite, Zip)
(BUlinl!lSSor oocupation) (Street Addreu) (City, Slale,Zip)
(Businels Of occupation) (StrHl Address) (City, Stale,ZIp)
(Business or COCUPlltion) (SlnNt Address) (City, Slale,Zip)
(Business or occupalibn) (Sltee. Addre..) (City, State, Zip)
7. Names and addresses of your employers and partners, if any for the preceding five years. (Begin with present or last
address and work back.)
INAMES: Employers or Partners) (Street Addtllu) (Clty,State, Zip)
lNAMES'. Emplcyers or Partners) (Street Address) (City, State, Zip)
(NAMES: Employers or Partners) (Street Address) (Cily, Slate. Zip)
(NAMES: Employers Of PanneJ"$) (SlreetAddress) (City, SWill, ZIp)
(NAMES; Employers or Partners) (Sires' Address) (City, State,ZIp)
8. Have you been convicted for any crime other than a traffic offense during the past year? Yes _ No
If yes, give information as to the time, place and offense for which convictions were had:
(2)
Personallnfonnation - Part 2
9. List the names, residence addresses and phone numbers ofthree residents: a) of the seven-countyTwin 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 related to the applicant or financially interested in the premises or business, who may be
referred to as to the applicant's character. Submit a written reference letter from each person listed below.
1) Full Name: Phone:
2)
3)
I HEREBY UNDERSTAND AND AGREE THAT:
1. INFORMATION REVEALED BY AN APPLICANT FOR AN OCCUPATIONAL LICENSE IN THE CITY OF MINNETONKA WILL
BE USED BY THE CITY IN ACCORDANCE WITH FEDERAL AND STATE LAWS REGARDING PRIVACY OF CRIMINAL
RECORDS.
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 ~364.03.
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
(Sign.lure or Applicant)
Subscribed and swom to before me a Notary Public
on this
day of
,19 .
Commission expires on:
(NctlU)'Public)
H:\WP\FORMS\PERINFS1.MAS
(3)
MASSAGE LICENSE APPLICATION
CITY OF MINNETONKA
, ' , "', "'''',
INFORMA TIONADVISORY AND AUTHORizA TIOI'ii~'t:
,.,::" .... .i;'<0>">>.>>~./,,.\;;;;;t!'iL.,;';<:;',. ,;:Ji->::)(/L.,,>,/,::<::c,>:,;,:/ .;,:.>.., '-"', '''' ,',',.. --;;;:_::-~;;<:--;'_:;;;W4C;:
FOR RELEASE OF INFORMATION' ';:",,"
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
,
-
,-
,.....
M~-27-2I<l01 09:83
CITY OF II flJ LFlKES
651 982 2499 P.02,'19
613. Mult Uses (sexually-oriented Busine..es)
613.01
PUrDO.. and I~~.~t.
sWXlivision 1. It is the PlU'Pose 0: thb section to
reCJUlate Ildult use sexually-orianteo:l businesses to pz'OlDote the
health, safety, Illorab, and general welfare ot' the citizens of the
oity, to CJUard against the inoeption and transmi..ion of disease,
and to establish rea.ona~le and uniform regulations. The
provisions of the section have neither the purpose nor effect of
i.polSing a li.itation or l:'..trict10n on the content of any
cOlllllluniCliltivB 1IIl1eedals, inoluding sexually-oriented lllaterialS.
Similarly, it is 1I0t the intant nor effect of this .ection to
re.trict or deny acce.. by adults to .exually-oriented aaterials
protected by the Fir.t AlIlenOIIent, or to deny acee.. by the
distributors and exhibitors of sexually-oriented ente~ainaent to
their intendQ<i market.
Subd. 2 The city COUl'\cil further finda 1:h1llt. experience
from other oiti.. demonstrate. that adult use Qusine..es conducted
in private Qy me.mJ:)ers ot the SIlIIl8 or the opposite sex, and
employing personnel with no specialized traininq, are susceptible
to operation in III manner oontraveninq, subv.rtinq or endanqerinq
the health, safety and wellare of 1I\."""%:'8 of the cOllllllunity by being
the site. of act.. of proatitution, 111ioit S8X, and occasions of
violent crima., thus requirinq clo.. inspection, licensing, and
l:'lIqulation.
613.02 Detinitions The followinq worda, t8nlS and
phrase.. when used in this .eotion, .hall have the meaning.
aacrib&Ci to thd in t.b.ia section, eXQept where the context clearly
indicate. a different .e.nin9:
1. ~uur VIS UU!f1J) ~"'.h
(A) ADULT USES: Adult us.. inolude adult bookstores,
adult IIIOtion picture theaters, adult mini-motion pic:t\U:"e theater.,
adult 1II11.8Sage par1o:!:., adult .teall room/bathhouse/sauna facilitie.,
adult oOlllPllInionahip e.tabli6h:mant.., adult rap/converaation parlors.
adult health/aport olubs, Ilault aGareta, adult novelt.y bU61ne.8$1II,
adult Illation pioture arcaeSe., ai;lult lI04elinq studios, adult
hotel./metels, adult ~dy painting studios, and other premisas,
enterprises, establiablllanta, buaines..s or plao.. open to some or
all lIIeml:1.rs of the public, at or in wnlClb thare 1s an 8l1\Phlls18 on
the preslIlItaticm, display, ,.piction or "'.acripticm of "speoified
sexual activiti.." or ".pacHted anatomical areas" which arB
oapab1e of being seen by ~l:"S ot the public. Activities
cla..ified as obscene .. defined ~y Minnescta Statut.. 617.241 are
not includ.ed.
(1) Specified AnatOlllical Areas:
(a) Less than oompletely and opaquely
covered human genitals, pubic region,
buttook, anus, or female brea.t(s)
150
MAR-27-2IO"1 el9' 134
-
,-.
-
C 1T'r OF L! hO LAKES
651 982 2499 P.Ia3/19
.
below a point immediately above the
top of the areola; and
HUman male genitals in a 4iscernible
turCJid state, even i1' cOJllpl.llIlt.elY and
opaquely aovered.
(2) specified Sexual Activiti.a:
(:I))
Ca}
Actual or simulated sexual
intercourse, oral copulation, anal
intercour.e, Ql:'al-anal copulation,
buUaliey, direct phyeioal
atilllulation of unclothed g-enita18,
flaqellat10n or torture 1n the
context. of a suual relationship, or
the 1,\.. of ucretory tunc::ticns in the
context of .. sexull.l relationship, and
any of the following-: lIexu.ally-
oriented. actll or conduct: anilingus,
buqqery, ccprophaqy, eoprophilla,
cunnilin9U1, tellatio, necrophilia,
pederasty, pedophilia, piquedlllll,
sapphism, zooerastYi or
(1:1)
Clearly depicted human qenitals in
the state of .exual stimulation,
arousal or tUllla.canoe; or
u.. of human or an1lllal ejaculation,
aodOlllY, oral ocpulation, coitWil, 0:-
_at.url:lation; or
pOndlinq or touohinq of nud.e hWlliUI
geni~.ls. pul:>ic re.;ion, l:lU~tOClJt., 03:
fuale brea.tl or
Sit.uat1ona 1nvolvinq a person 03:
persons, any of whom are nud., olad
in underqaraents or in sexually
revealinq costumes, and who are
enqage4 in aot1vitia. involvill9' the
flagellation, torture, f.ttaring,
bindinq or other physical. restraint
of any lIuoh pusona; or
kotic or lewd. touchlnc;J, tondlinq or
other .exually-orian~ contaot with
an animal by a hUlllan beinliJ; or
(e)
Cd}
(e)
(f)
(9)
Hu.lIlan ulCcretion!
manstrUation, vag- na1
irriqation.
u:-ination,
or anal
151
MAR-27-2001 09: 04
,.-.
(B)
(e)
...-.
:,-..,
CITY OF Lli'O LAKES
651 982 2499 P.04/19
ADULT US! ~ ACCESSORY. The offerinq of retail
qoads for lale which are olassified .s adult uses
on a lillit-ad. scale and which are incidental to the
primary activity and goads Vld/or s.rvice. offered.
by the establi.maant. BX&lIIples of .uch itUlS
inolude the .ale of adult mag-asinell, the eala
Vld/or rantal of adult lllOtion picture., the sal. of
adult novelti.., and the like. (Abo sa.
applioable sect.ions of the city Zonir19 Code for
further requiraents Cl.f ininq adult u.. acc...ory.)
ADULT USES - PRINCIPAL: The offering of gOOds
and/or ..rvlcalJ which are olas.ified as acl.ul't uses
as a pr1mary or aol. act.ivity of a bWline.. or
establishment and included. but are not limited to
the follow in; :
(1)
Adult u.. - Bod.y Painting stUdio. An
..tablishment or bQsln..s which provides the
aervioe Of applying' paint or oth.x' .WlstVlC",
whether tran.parllllt or non-traneparent, t.o or
on the bcdy of a patron when such bod.y ia
Wholly or paJ:1:ially nude in t._ of "specified..
anatomical areas-.
(2) Adult O.e ~ Book.tore. A bulldinq or portion
of a l:Iulldinq u.eel for the barter, rental or
aala of itelllS conaiatin, of printed. utt.er,
pictures, .li4e., record., audio tape,
videotape, oompaot d..iscs, oomputer software,
<liqital reClording-., motion piClture fillll, or
other cOllIlIlunication mad.iWlls if such build..ing or
portion Of a bu.l.ldinq is not open to the public
qanerally but only to on. or lIora cla..ee of
ths public exall.ld.l.nq any minor by raason of age
or if a .ubstantial or significant port.ion of
.uch itama are distinqui~had or characterized
by an amphasis on the d.piction or da.oription
of -specified. ..xual activities" or "specitiad.
anatomioal ar.a...
(3) Adult Use ~ cabaret. A building or portion of
a buildinq u.ed for providing dancing or other
live entertainment, if such buildinq or portion
of a maildinq uclucl.es minors kly virtue of aq.
or it such dancing or other live entertainment
is di.tingui.hecl or Characterized by an
emphasia on the presentation, display,
depiction or description of .specified.. sexual
aotiviti.." or ..peoified anatomical areas".
(4) Adult U.. - Companionship Establishment. A
companionship e.tabliahment which exclud.s
minora by reason of .qa, or Which provides the
.ervicB of angaging in or listening to
152
MAR-27-2Il01 09: ~
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CITY OF L r HJ LAKES
651 982 2499 P.05/19
conversation, talk or discus. ion lIetween an
uployee of the IIBtablisl:lllent and II customer,
if such service is distinquished or
characte;oizeQ by an emphAsis on "specified
sexual activiti.s" or "specified anatOJlical
ar..s".
(5)
Adult uaG - conversation/Rap iarlor. A
conver.ation/rap parlor wh1Ch ~lud.. minors
by reallon of age, or Which providell the sarvice
of enQa9'lng in or listeninq to conve;ollatlan,
talk, or diacullsion, if such sarvice is
distinguished ar characterized by an emphasis
en "specified sexual activit!.s" 0;0 .specified.
anatomical ar.....
Mult Use - Health/Spal.'t Club. A hnlth/sport.
club whioh exCllUd..s lIllinors by rs.son of a;a, or
if such cJ.ub i. distinquishad or charlllClterized
by an nrphasi. on .sp.C1ifiad sexual act.ivities"
or "specified anatomical Il;o.a....
(7) Adult Us. - Hatel or MOtel. Adult hotel or
Illotal llleans a hotel or JIIOtel frolll Which lllinol:'B
are specifically .xcluded frolll pat~onaq. and
wherein _tradal is prasented Which is
distinguished ar ~.cterized by an eaphasia
on lIIa'ttar de~lCltin9, 4.scribinq cr relatinq to
"specified. ..xual activiti.s" or "specified.
anatOlllioal are.s".
(6)
(8)
Adult Use - xaBllage Parlor, Health Club. A
\llIl8.aq. parlO1.' or health club which restricts
minorll l:ly reason cf aqe, and which provid... the
service. of lIIa..a;a, if such servioe i.
distinquished. or characterized by an elIIph.sis
on "spacifi84 ..XUlll activities" or "specifi.d
anatomical areas".
Adult Use - Mini-Kotion Picture TheAter. A
build-in", or portion of a wlld,inq with a
capacity for l..s than 50 persona used for
presentin; lIlatu-ial i.l: such wildinq or pOl.'tion
of a bullClinq a. a prevailing pra.crtice OXCllud..
Illinors by virtua of I1\Je, or it such \llIlterb.l
is distinquishe4 or characterized. by an
emphAsiS on "speCified sexual actiy!ties" or
.speClifie4 anatCl1lical areas" for 0l:l8uvat1on 1)y
patrons therein.
(10) Adult Ulle - Mooeling- Studio. An .stablishment
whose lIUIljOl.' businee. i. the p~ovilllion, to
cust.omers, or fiqure lIlodela wnoO are sc provided
with the intent of proviciinq sexual stimulation
or sexual qratiticati~n to suoh aUlltomerlll and
(9)
15::1
MAR-27-2I1I131 09' eJ6
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C!TY OF L! i'O LAKES
651 982 2499 P.136d9
who entJlllie in "epecifi.ed sexual activiti.." or
elisplay ".~cif1e.d anatomical areo.s" while
being o~.rveel, painted, pa.lntlKl upon,
cktltch.d, drawn, IIIdUlpt.urad., photographed, or
otherwise d..plated by such customers.
Adult Os. - Motion Picture Arcade. Any place
to which the pUl3lic is pantitted or invited.
vherein coin or eluq-operated or
electronically, electrically or mechanically
controlled or operated atl11 or motor picture
machin.., projector. of ether imaq.-prod.ucing
devices are maintained to Kew i...q.. to :eiv.
er fewer persone per lIllIchine at any 01'111 tiM"
and. where the ill&q.. so displayed are
ellstinguiah84 or on.racteriaed by an emphasis
on dapictlnq or describing "specU:ied .exual
activities" or "epecified anatomical areas".
{l~l Adult Use - Hotion pioture Theater. A I:luildinq
or portion of a building with a (Iapacity of 50
or lIore perSONl usad tor presentinq lIIAterial if
S\leb. lmllcUnq or portion of a building .s a
prevailing practice excludas minors ~y virtu.
of ag. or it such matedal 18 cUlltinquished or
chlll"aCltsrizGd by an IUIphaSia on "specified
sexual act1vities" or "spscifiGd &nat.omical
areas" tor observation by patrons therein.
(11)
(13)
Ac:\Lllt Use - Novslty Susiness. 10 busino&s which
haS as a prinelpalac:tlvity the ..la of cSevices
which at1ll\ulate human genitalS or devices which
are d.si~d for sexual stimulation.
Adult Us. - Sauna. A sauna which excludes
minors by reason of age, or which provides a
ste.. bath or beat bathing room used tor tha
p~se of bathing, relaxation, or reducing,
utilizing steam or hot ail: as a C:laaninq,
relaxinq or reduoing aqant., if the sarviee
provided by the sauna is dietinquisbed or
eharact4lrbsd by an upba..l.s on "specif ied
sexual activities" or "specitilild anatomical
areas".
(14)
(15)
Adult Use - steam Room/Bathhous. Facility. A
building or portion of a lmildinq used for
providinq is stealll bath or heat bathinq roCllll
used tor the purpose of pleasurs, bathing,
relaxation, or raduoin'i, utl1izinq steam or hot
air as 8. cleaning, ra~ax1ng or reducinq aqent
if such building Ql:' portion of is buildinq
restriots 1IIiners by reason cf aqe if the
service provided by tne steam room/bathhouse
facility is distinguished cr characterized by
1114
,....
.--'
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Mffi-27-2131il1 09: IiJ6
CITY OF LIND LRKES
651 982 2499 P.07/19
an emphaaia on "specifiecl ..WIll activiti.... or
"specified anatoaical areaa".
2. aITY AmtIHJ:''1'RM!OIU The city Administrator of the City
of Lino Lakes.
3. LICDIIBBI A person in Who.. name a license to operate an
adult UIS. busin... haa be.n i.sued, .s v.ll .s the individual
listed as an applicant on the applioation for a license.
4. 'PmUIOlrl An individual, proprietor.hip, partnership,
corporation. a.ssoeiation, or other leqal entit.y.
!5 . 8'll11U!!I!.l\Ift:tAL UUsRGDJIII'I': SUbstantial enlarqlllllerlt of an
adult use busine.. llIeans the increase in floor area OClClu.piltd ."y the
buaineas by lllOr8 that tW4U'Ity-five (25) percent, as the floor area
e)Ciated. en the effective 4ate of this orCSinance.
E;. T1U\II'8~ 011 O.uil....n Oil aOJlftOL. 'rranSlfu Qf ownership
or oontrol of an adult us. busin.lls suns and. include. any of the
following:
A. The .ale, lea.., or sub-luse of the Dusiness;
'I'he transfer of securiti.s which oonstitute a
controllinq interest in the busin.a., whether by
$&le, exchanqe, or sailaX' lIleans; or
C. The eata):)lishlllent of a trust, qitt, or oth.l:'
similar leqal device wh1Clb transfers the ownership
or control of the bUliIinull, except for transfer by
bequeat or other opera.tion of law upon the death of
the person po....sinq the owners~ip or control.
B.
613.03 Cla..ific8~1on.
cla.ssified as ad.ult use81
The
following
uses
are
1. Adult uses-accessory.
A. COll\Prise no more than ten (10) peroent of the floor
area of the ..tablishment in which it is located.
B. comprislI no sors than twenty (20) percent of the
qro.s receipts of the entire busine.s operation.
C. Not involVed. or include MY llct.ivity except the
sale or rental of marchanat...
2. AC1l.llt usss-principal.
A.
B.
C.
D.
Body paintinq studio
Bookstore
Cabaret
co~panionship Establishment
155
MAR-27'-2001 09: e?
,.....
E.
F.
G.
Ii.
I.
J.
1(.
L.
K.
K.
o
Eil.3.04
1.
2.
3.
-
CITY OF lli'IJ LAKES
651 982 2499 P.08/19
convere.tion/aap Parlor
Health/Sport club
Ho'tal or Ho1;&l
Mas.aq. parlor, H_lth Club
Mini-Mo'tion picture Tbeater
Modalinq studio
Motion picture Arcade
Mo'tion Pictur. Theater
Novelty !!Iusin...
Sauna
steam ROO./Batbbouse Facility
Liotll'lAe_.
4.
ReqUired and EXemptl
A. No person, fil:.'ll, or corporation ahall operat.$
u adult uaG-principal wi'Chout having first
secured a license .s het'e1n prov1ded.
B. Adult uses-acoe.sory .hall not require a
license purauant to this seotion.
An application for a license lluat be lIe.cle en a foX'll
prov14ad by the city. The epplication must be
aooClllpanied by a lIkatOh or d1agriIUII llhowinq the
configuration ot the pruises, inoludinq a
atatUlent of total floor spaoe occupied by the
bu.ine.s. The .ketch or cUaqralll need not be
prote..ionally prepared but Wlilt be drawn to a
de.iqnate.d .C4le or Cll'awn with market: dilllensions of
the 1ntuior of the rra:mieea to an acouracy af plus
or lIIinus .ix (6) nOha.. Applicants whe 1l11.UIt
cOlllply wit:n SWldiv:l.aion 613 .17 ot the Section shall
sl.lblllt & dialp'_ muting the requirelHJlts ot 'that
aUl:ldivlsian.
The applioant must be qualified accordin9 to the
provisions of this Section and the pr..i... must ):)e
incpec:ted and touncl to 1:Ie in oomplianoe with the
law by the Fire Deparaent and the Building
Department.
It a person who wi.hes to operate an aclult us.
busine.s is an incl1vidUal, the 1ndividualmuat 11191'1
the applioation tor a licens. a. applicant. It &
person who wishes to operata an ac1ult u.e ~U8in.li\s
i. other than an individual, each individual who
h.. . ten (10) perc.nt or ;r.atar interest in the
ousin... mUllt sign the application tar a license as
applicant. Bacl1 applioant IIUllt loe qualified undu
Sul:Idivision 613.05 and each applicant It.hal~ be
considered a licen.e8 it a license i. qranted.
156
M~-27-2001 09:07
CITY OF Ll~. LAKES
651 982 2499 P.09/19
~
613.05
Ig,.Ua1\Ca af' Lla.nstl
1. Th. city Administ~ator shall approve the issuance
of a lioen.. to an applicant within thirty (30)
day. aft.r raceipt of an application unless the
1I4ministrator tinc1a one or lllon of the followinq to
l;Ie true:
A. a.n applioant ill under eiqhteen (18) yeara of
aqe.
-
B. The applioant i. delinquent in his or her
paplent. to the city at taxea, f..a, fines, or
t~lti.. a......d against him or her or
sed upon hi1ll or ber in rtalation to a
sexually-oriented ~ines..
c. An at;lp11Cl4l\t 11&15 failed to provide 1ntot'lllation
reaaonallty nec...ary for i..uanee of the
lioens. or has falSely anewered a question or
requellt for infOZ'lllation on the applioation
form.
D. An applioant has been oonvioted. of a violation
of . provi.ion of this Section within two (2)
yeaI'll immediately preced1nq the application.
The fact ~t a conviotion is ):)ein9 appealed
shall have no etfect.
B. An applicant i. re.idinq with a person who has
been denied a license }:)y the city to operate an
adult use ))ueineB. within the precedinq twelve
(13) montha, or r.sidi~q with a parson wno..
licene. to operate an adult use business has
been revoked within the precedill9' twelve (12)
months. .
P. The proie.. to l:le used for the adult USQ
bulinee. have net been approved by the Fire
Departaent and the BUilding otticial as baing
in cc:lllIPlianoe wit.ll applicable laws and
arc1inanoe..
G. The licenee f.. required by this Section has
not been paid.
H. An applicant. hlle been el\lllloyed in an adult ue.
sexually-oriented })l;leine.e in a. llllUlagerial
capaoity within the precedinq twelve (12)
monthe an4 has d8lllOnetrated. that he or she. ill
unable to operate or manag- an adult use
bulines. prGlllbes in a peaceful and law-abidinq
manner, thus necessitating action bY law
enforoement officers.
,..-.
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MAR-27-2001 1a9: 08
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CITY OF LlI-o LAKES
651 9822499 P.1ev19
I. An applicant or the proposad establisb!llent 1101
in violation of or i. not in coaplianQQ wi~
the City Code.
J. An applicant or an applicant's spouse hail
bean convictllll of a crllll.:
1. Involvinq any of the followin; offuses:
11.. Prostitution .... d..scribed in
Minnesota Statut.. 609.321;
b. solicitation, incl.tl<<....-'lt ot prolllDtion
ot prostitution 11.. deacribed in
Minnesota statutes 609.322;
c.
Receiving profit
prostitution as
Kinn_ota statutu
d.erived
describecl
609.3231
from
in
d. Other pl'ohibltoac1 acts relatinq to
pro.titution as 4..cribed in
Xinnesota Statutes 609.334;
e. Obscenity as described in Kinn..ota
statutes 611.241;
f. Sal., 4ills8lllination, diatril:l\l.tion,
d.iaplay or exhibition ot harmful
material to _ino1's a. d.scribed. in
Minn..ota Statutes 617.293 and
617.2941
q. Sexual pertormanC41 by .. child. as
4.scr1bed 1n Minne.ota statut..
617.246;
h.
DiI...ination or ponession of chilli
pornoqraphy as described in Minn..ota
statut.s 617.247;
Incl.eoant e:xpoIUl'. as describ.d in
Minnesota statut.. 617.23,
crilllinalsexual conliuct .. c!esc::ri.bed
in Minn..ota statut.. 609.342;
109.343, 109.344, and 609.3451
Incest. as clescritled in Kinn.sota
Statute. 609.3&5, or
Cr1Jll1nal attempt, oonspiracy, OJ:'
solicitation to cOlIlIlit. any of the
tcreqainq offenaesl
i.
j.
k.
1.
158
For which:
a. LeU than two (2) years have elapsed
singe the date of conv1ction or the
date of release from confinement
1mposoa4 tor the com<lction, whichever
is the later date, if the oonviction
ie of a misdemeanor offens.j
b. Less than five (!I) years have elapsed
since the da.te of conviction or the
date of release from confinement,
whichever 1s the later dat.e, if the
conviction i. of a felony offens.l or
c. LeeS than five (5) years havs elapsed
.inca the dat.e of the last conviction
or the datil ot release frOIll
conf:l.n_ent for the last conviction,
wh.iChever 1s the later date, if the
convictions are of two (2) or mo:n
misdemeanor offenses or combinat.ion
of lIIislS_eanor offen.es occurring
within any t.wenty-four (24) llIonth
period .
!C. The faot that a conviction is beinq appealed
shall have not. sffect on the disqualification
of the applicant or applicant's spouse.
MAR-27-2001 09' 08
,,-.
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C IT,' OF Li NO LAKES
661 9822499 P.11/19
2.
L. An applioant who has been convicted or who.e
spouse has ):)een convicted of an offense listed
in Section 613.05. (1). (J). (1) llIay qualify
for an 114ult UIle business license only when the
time period required by Section 613.0!5. (1).
(J). (2) has elapsed.
M. 'l'he license, if qranted, shall state th. na...
of the parson or persons to GOlD it 111 granted,
the expiration dClte, and the ac!dress of the.
adult u.. businesS. The license shall bs
posted in a conspicuous plaoe at or near the
entrance to the adult WI. Iiexually-oriented
Dusiness so that it may be easily read at any
time.
613.06 Li~ns. Pee. ~ Lio.na8 Inv6stirlAtion "ae... The
annual foe for an adult uee busin.ss license shall be set by
relSolut.ion of the City Counoil. The inv.stigation tee for the
purpose of i.suinq a license shall be set by resolution of tha City
Council. In the event that the license 1s denialS upon applioation,
the license fae shall be refundeel; bowever, no pu-t of the license
~ investiqation fee shall be returned to the applicant. No part of
the annual licans. fe. shall b. refundGd. if the license is
suspended or revaked.
159
MAR-27-2001 09' 09
613.07
,-
1.
2.
3.
613.09
1.
~
2.
613.09
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C!TV OF L I HJ lAkES
651 982 2499 P.12/19
InSDec-eion,
An applicant or licens.e sna1l permit
representative. of the Pc1lce Department, Fire
Department, and !luildinq Inlpection Diviaion to
inspect the prai..s ot an adult u.e bu.iness for
the pw."pQse ot inlJurinq compliance with the law, at
any tlme it ill oc:cupiad or open tor bualneaa.
A person who operate. an adult use bus in... or
their &9_n1:. or alIIployaa commit. an offen._ if the
per.on retusel!l to p81.'111t a lawful in..-pactlon ot the
premi.e. by a repre.entative ot the police
Departllent at any tU18 it is occupied or open tor
bUllin..s.
Tbe provisi~ ot this section do not apply to
a:rall.ia of an aclult motal which are ourrently beiraq
rented by a custOlllU' for use .. a permanent or
temporary habitation.
,~ira~ioD of Lioanae
Each ranewal liceJUle shall be issued for a lI\llXUWII
per1oc! ot one (1) year. All liCtmSo5 upire on
Del;l8lWar 31 of e.Qh year. BaCh licenllll may !:Ill
renewed only by a&Kin9 application aa provided in
Section 613.04. Application for renewal ahall be
lllAde at l.,..t nin.ty (SlOl days betore thll
expiration date. If the City Administrator
determine. good and suffioient cause is shown by
the applicant for tailure to file a t1mely rtmewal
application, the city Administrator may, if other
provisions of the section are cOlIIplied with, 9%"llnt
the application.
When the. City AdlIinhtrato:r:: daniQs renewal of a
lioen.e, the appUcant .hall not be issued e
lioense tor one (1) Yllllr froll the date of cUmial.
It, 1Iubsequent to denial. the City Ac!IIin1stratQl:."
rinds that the baais tor denial of the renewal
lioen.e has be8n c:crrected or abated, the aElPl1Clll.nt
lllAY b4 ;ranted a 11oen.. it at least. ninety (90)
days have elapsed. since the dato denial became
final.
1.
liUSDansion. ne city Administrator may ll\Ulpend a
license for a period not to exceed thirty (30) clays
following wdttan notice and an opportunity to be
heard it the Administrator c1eter.min.. that a
licensee or an employee of a lioen..e has:
Violated or is not in oompliance with tn!s
ordinance;
160
MAR-27-2B01 e9' 110
2.
r
3.
4.
5.
613 . 10
1.
2.
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CITY OF LIND LAKES
651 9822499 P.13/19
Engaged 1n exce.aive UII. Clf alooholio beveraqu
~1le in the adult use sexually.oriented busin...
premi..s;
Refused to allow an inspaot.ion or the adult use
bus in... 1'1'llllli... as authorized by this Rction;
Knowingly perIIitt.d unlawful qUlbling by any person
Cln the adult u.. buain... pramis..;
DOlonstratad inability to o~ate or manage IIn
adult. u.. busines. in a peaoeful and law-abidinq
manner. thus necessitatinq aotion by law
.nforcementotficers.
ReVlX!i!l~ion .
The city Ac1IIinistrator uy revoke a 110ense
preceded by written notioe and an opportunity to be
heard if a cauae of suspension in Section 613.09
occur. and. the U.ce:na8 has been suapland.1i within
the preceding twelve (12) lIlOnthe.
The city Adainistrator uy revoke a license if ths
City Adminis'tZ'ator d.termine. that.
A. A licensee gave tala. or mill leading' infonlllt.ion
to the city during the application prooess,
B. A licanae. or an employee halllcnowinqly allawed
po..ession, use, or sa 1. of controlled.
S\aNtanc.. on the pr8llli.e.,
C. A licensee or an employee hall knolllingly allowed.
prostitution on the prellliee,,;
D. A licensee or an !lIIIPloyee lcnow!nqly operated
the a,sult \as. ))\UIin... c!urinq a period of time
when the licensee'. lieanaa Wll.a lS\\lIpended.
B. A licensee has been conv1cted of an offen..
listed in sec:t;ion 1513.0!5. (l). (J). (ll for
wnich the time period required in Saction
613.0!5. (ll. (J). (2) has not alapsed;
F. On two (2) or lIOre occ..ions within iii. 'twelve
(12) lllOnths ped04. a paraon or person.
cClIIIlIIitted an offenoa occurring in or on the
licen.ad premi... ot a criae listed in Seotion
613.05. (1). (J). (ll. for whieb a conViction
has been Obtained, and the per~n or persons
were employees of the adult u.. lnUlinelJlll at the
time tho offenses were oamaittedl
161
MAR-2'7-2001 v.e'll<)
C!TV OF Ll ftl LAKES
651 9822499 P.14/:9
G. A lie.Mee or an _ploy.. haa knowinqly allowed
any act of .exual intercourse, sodomy, oral
copulation, ....aturbation, or liIexual contact to
occur 1.:1 or on the licensed pr_i.... The tera
"sexual contact" ahall have the lIIean1.:lg all it
is c1ef1.:l.a in Hinne.cta Statutes 609.341, subd.
11(b); or
H. A licensee 1. del:l.nquent in paymllJ1t to the City
for ad valorem tax.., local lodging tax, or
other tax.. or f... related to the adult use
sexually-oriented huein....
3. The ;fa.ct. that II conviction is bein", appealad slldl
have not eftect on the revocation 0: the license.
".-..
4. Subaect!on &13.10. (2). (G). doe. not apply to
adult motels as a ground for revokin; the lieen.e
unle.s the licensee or _plOY" knowinlily allowed
the act. of sexual 1ntercoUJ:lle, acdCl!llY, oral
cQpulation, .asturbation, or .exual c:ontaot to
occur in a pUblic plaee or within p~lic view.
When the city M111ni.trator revokes a license, the
revocation shall oontinu$ tor one (1) YGar and the
licensee shall not ~e i8sue4 an adult use businGS.
license for ons (1) year trOlll the dllte revooation
l:leoa.. effective. If, sub.equent to revocation,
the city Adminbtrator tincla that the basi. tor the
revocation haa been oorrected or abated, the
applicant uy be qrant.ed a lioenee it at least
ninety (1I0) daya have elapsed. since th. date the
revocation became effective. If the license was
revokea undtU' SWlllect-ion 613.10. (21. (\':l), an
applicant uy not be CFllnted another lioen.e until
the appropriate nU1lll::ler of years required. undllX'
Section 613.05. (1). (J). (2). bave elapsed.
5.
,-
613.11
1.
-
A"O'Daal.
Ir the City Administrator denie. the issuance of a
license, or sU8penda, or revoke. a 11cen.e, the
AdIIl1niatrator shall send to the It.ppliO&Ult, or
licensee, by certified mail, return receipt
reque.ted, written netice of the action, and the
riqht to an appeal. The aqwrieved part.y may appu.l
tho declsion of the city Administrator within tan
(10) days of receivinq not.ice ot the City'S action.
The filinq of an appeal stays the acUon of the
city A4mini8trator in 8uspend,inq or revoldnq a
Hoen.. until the Cit.y councd.l malee. a final
dec1aion.
2. >>aOCBDUBB: ~hQ City Council may appoint a
collDll1'l:tee 01: the councilor an independent hearlnq
IU
MAR-27-2001 09'11
--
3.
6lJ. 12
613.13
1.
2.
,---.
513.14
1.
2.
6l3.1S
.-'
613.16
C lTY OF LI f.IJ LAKES
65: 9622499 P.1S-:9
ofticsr to haar th. lIIatt.er, report find,1nqll Of
fact, and a recommendation for d~.poeitlon to the
Cit.y councll. Hear in;. on the eppeal shall be open
to the publie and the licenllllle or applicant shall
have the r:L9ht to .ppear and be repre..n.t.<<l by
l8;al eoun..l and. to off.n: eviclenc. in its behalf.
At the conclusion of the heU'il\9. the City Counc:Ll
shall make a final decision.
AIlD.,IODL UQU%.""" '1'1\e city council uy
condition denial. 8ulilpenslon, revocation. or non-
renewal of a licene. upon appropriate ter.lllll and.
condit:Lonil.
Tranlll'ar of Lia_III.. A lioene.. ahall not
uanefer bi. or ber licen.. to another. nor shAll
a licaMae operate an lldult ua. \:luain... under the
authorit.y of a 1ioen_ at any pla.ce other than t.n.
address doslqnated :Ln th. application.
~~riJtional RAaulationa tor EQCO~ Aaanoi...
An escert agllDcy .hall not employ any person under
the a'iJ. of ei'ilht.en (181 year_.
A person eoults an offenaa if he or ISh. acts 1.11I an
.SCOl't or aqr.a. to act a8 an escort foll' any person
under the aqe of eighteen (18) veU's.
~dditional R.au1ations for 'Nud. Model studios.
A nude model studio shall not ..ploy any person
under the aqe of eighteen (18) yeus.
A person cOIIlIIIits an offerwe if he or Ilhe appu.r8 in
a state of nudity or kncwinqly allows another to
llwear in a state of nudity in lln are. of a nude
lIIodd atuciio premises which can ])a viawed frcm the
public ri'i!ht-of-way.
h....~it.i~'Jnal R.~lat:iou. fot:' Adult. Th,at.Ara and Adult:.
Mo~ion pictur. Th.a~er..
1.
A person oommit8 .n ofteJUle if be or lIbe knowlnqly
allows a person und.er the age of eiqhteen (18)
years to appear in a stat. ot nudity in or on ths
pr_l... of an adult theater or adult Illotion
pioture theater.
It i8 a defense to prosecution under Sub..ction
613.~S. (1) of this section it the p.raon under
eight.een (18) ye~. wall in a 1:est rOOD not open to
publio view or persons of the opposite sex.
2.
Additional R~lation8 for A~ul~ Kot_ls.
16J
M~-27-2el01 09: 11
1.
,.-.
2.
3.
613.17
1.
"...,
-
C lTY 01" LI N:l LAKES
651 982 2499 P.16/19
Evidormc. that.. al.epinq room in a houl, IIIOt.l, or
similar commercial establishment haa been rented
and vacated two 01: more tille. in a pU'ioCl of tilll8
tbat 1s less 'than ten (10) hours ereat_ a
rebuttable presumption that ths a.tabUsbent is an
adult IIIOt.l as that ten i. detined in this
Ordinance.
A person oOlllllits an of tens. it, as the perllOn on
control ot II sleepinq rOOlll in II hotel, motal, or
similar commerglal establiSlUJlent that does net have
an adult use busin... lioen.., be or she rente or
sub-rent. a neepinq rOOl1 to II person and, wit.hin
(1) hours from the time the room is rented, be or
ehe rents or sUl:l-rent8 the same sl.eping roOll
aqain.
Por purpose. of Subseotion 613.16. (3) of this
Section, the termIJ "rut" or "sub-rllJ1t" lll8an 'the
act of puaittinq a room to be oocupied. for any
fora of consideration.
,.qulatioftA p~ainina to Exhibition of S.xuallv
mxn11oi~ wil.. D~ Vid.~8.
A person who operate. or causes to !:Ie operated an
adult u.. bueine.., other than an adult motlal,
WhiCh exhibits on the prais.. in a v1swint; room ot
l.se than one hunclrGcl t.t.fty 150 square teet ot
floor space, a fillll, video oa.eette, or other video
repl'oc1uction which depicts specified .exual
lIIIctiviti.. or specified anatQID10al areas, shall
comply with the rollowinq requirlllllentB:
A.
Upon applica'l:1on tor an ed.ult. ae bus1ne..
Hcen.., the applioation shall be accompan11lC!.
by a Cliagru ot the prslIlises showinG a plan
thereof specifyinG the location of one or more
manaqer's .tat1olUJ anc2 the location of all
overhead l1gh't1n9 :fixtures and d..iqnatinq any
portion of the premis.. in which patrons will
not be parmi tted, A IlIlnllqer' 1iI station lIball
not _geed. thirty-two (32) uquU'e f.at of floor
area. The diagru .ball al.o deeiqnate the
plaa. at whiCh the permit villl:la ocnsp1l:Nously
posted, it i:t"uted. A profe.sionally pzoapared
cU.&QrllJll 1D the nature Of an enqineer'a or
arChitect's blueprint shall not be required,
however, .ach diagru should. be orientea 1:0 the
north or to some deeiqnat.ecl street or objeat
and should be drawn to II d.siqnated scale or
marked dimensions autticient to show tha
various internal diunsione ot all are.s of the
interior of the prai... to an accuracy of plus
or minus six (6) inche.. The City
J.64
MRR-27-2<1e11 1219: 12
C lTY OF L I f.O LAKES
651 982 2499 P .17/1 S
Administrator uy waive the roreqcdn'i dil!'irlllll
,"- for renewal applications if the applicant
adopt. a dlacp:lUIl that was previouslY .ulm1tted
and. certifies that the configuration of the
prais.s has not bean altered Bine. it was
preparQd.
8. The application shall De sworn to be true and
con:.,;lt by 'tn. appJ.icant.
C. No alteration In the confiquratlcn or location
of << manag.r'. statlon lIlaY be made wi tbOut the
prior approval of the city A4mlnistrator or his
or her des19nee.
D. It is the duty of the owner8 and operator of
the premises to ensure that at least one (1)
employ.e b on duty and 5itulllted In each
manager's station at all tillles that any patron
i8 present inside the prGllli....
E. '!'he interior of tb. prlUlislul .hall be
Clonfi'iUl"ed in suoh a manneI:' that th.r. i. an
unOl:llltruoted view frolll a unaqer' a .tation of
every are. of the Pl:'Wss. to Which any patron
is penittGCl acc.l. for any purpo.. exelucUng
rest roOlUl. ;ae.t rOOlllll uy not contain video
%'epl:'oduction equipmant. If the premis.s bas
two (2) unaqer's stations designated, then the
intu1oZ' of the praise. .halll:la aonfiqw::ed. in
such .. 1l&nnar that there is an unOl:lst:'Uct.ed.
view ot, each area ot the premises to Which any
patron 18 pen1tted acee.s t~ any purpose from
at l...t. on. (1) of the IlI4naqer'. station..
The view required in thie sub-.ection muet l:Ia
1:ly direct line ot 81ght. rr01ll tbe manaqar' 8
.tation.
~
-
F. It shall be the duty Qf the owners and
operator, and it shall also be the duty of any
aCJenttil and employ.- pre.ent in the pru.18es to
enaure that the view area specifi.d. in sub-
.ectien B reaains unobstrUoted ~ any doora,
walla lIerchandis., 4:l.aplay racks or ether
lIIat.rials at all tilaes that any patron is
preaent in the praiaes and to Ql\sure that no
patron ia peraitted acee.. to any are. of the
pra1su which has l:leen dedqnatecl a. an area
in Which patrons will not be permitted in the
applioation fUed pursuant to Sub-section A ot
this Section.
G. '!'he pr8lllis.. shall be equipped with overhead
lighting fixtures of sutficient intensity to
illll.1llinate every place to which petl:'one are
165
MAR-27-2Q<l1 00' 13
,.....
2.
613,18
1.
2.
~
6lJ .151
-
C ITV OF Ll t-IJ LAKES
651 982 2499 P.1EY'19
permitted access at IUI illainat.ion ot not lass
than one (1) toot candle as measured at floor
lavel.
It ah.aU :be the d.uty of the owners and
operat.ora and it shall be the cluty ot any
alil.nt.s and _ploY.8s pr...nt in the premi.es to
ensure that the il1U311ination de"cril:llld al:love,
i8 maintained at all tius that any patron ia
pr..ent in the prais...
A penon havinq a eluty unclar Sub-section. A through
H of su!:l-aectiOll 1 al:loVl!l commits an otten.. if the
pereon knowingly faila to fultill that: duty.
ti.
Enf~eamAl"lt.
Any person violatin; a provision of this Section,
upon conviction, 1a punillha:tlle by a tine not to
exg.84 aeven ~ed 4011ars ($700.00) and ninety
(90) daYB in jail.
It 1s a detena. to proaecution under this section
that a panon appaarinq in a .tate ot nudity did. so
in a llod.lintjJ olu. operatlacl.:
A. By a proprietary school lioensed by the State
of Minnesota; a collega, junior oolleqa, o~
university Ilupporte<l entirelY cr partly by
taxation;
B. By a private oollege or \U1iveraity which
_intain. and. operates educational proqr&lllll in
whioh credits are transferable to . colleg8,
jW'lior aolllolJa, or un:l.vereity IUppozoted
entirely or partly by taxation; or
C. In a .tructure:
1. Whiob hall no sign visible from the
extezoior of the structure and no other
advertising that indicat.. a nude person
18 available tor viewing; and
,. Where in order to participate in a clan,
a Btudent l/IUlt enroll at leut tnr.. (3)
days in advance ot the cla..; and
3. Where no IlIOr. tblUl one (1) nude model i.
on the pre.ises at anyone time.
IniunFtion. A person who operate. Or cau.e. to ))0
operated. an adult Us l:lulllne.. withOut a valid
license or in violat.ion cf thie Section is subject:
166
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t'lAR-?7-2Q01 1')9: 13
CITY OF LifD LAKES
651 982 2499 P.l~'19
to ...\lit for injunction llll w.ll .. pro..outton for
criminal violatIons.
(SllCltion E13 wae a4dac! to the city Code on OctOIlar
11, 1993, Ordinance No. 93-1E)
'I
167
TOTRL P.1S
0~/0112002 FRr 10;00 FAX 6127852859
CITY OF crR~Llf PINES
,
I
,
I
Subd. '; C . . r
.. aUees of F.evocation. I
license it it determines that: . I The City sh~l1 revoke a
(a) A licensee gave falseormlsleadin
the material submitted to theC.:lt- Cj
process; . I Y during
,
. 1 . I
emp cY'le has
of conrrOlled
i"formation in
tlce application
(b) A license" or an
possession, use or sale
premises;
knOWingly allowed
substances on the
. ,
(c) A licensee or an emplcyJe has
orostitutio] I knolvingl \r allowed
- n on t 1e premises; , "
(dl A licensee Or an e. 10 L
Adult-Oriented Business du;fYre knowinCjly operated the
licensee'S license was . ndCj.. d'a period of time when the
sUspen e I
I
has been I convict d f
Section 355.08. Suhd 3 e 0 an offense
required in s~ t' r' (gl. for which the
c ~o~ 355.08, Subd. 3(g), has
I
I
(f) On two or I
. d more occa..!I, ions ~li thin a
perl.o, a. person 12 month
o ~ . Qr pe);'ao:a.s committed an ff
. c~urr~ng in or On the licens~d pre '. 0 ense
.l.13t~d in Section 355.08, Su1:bd. 3"(:J.Jsesfof a Crime
convJ.ction has been obtain.d . J "', or which a
were em' e ,.,nd the person or persons
"p~oyees of the Adult-Crif'nted
time the offenses were COmmitted. BUsiness at the
('il) A license!!! . J
or an emplo ee has
any act of sexual . t . ~
1n ercourse, odcmy,
or masturbation to occur i Or
premises. I
I
(e) A
listed in
time period
not elapsed;
licensee
knowingl'~' allowed
oral copulation
on the licensed
S~d. 3 Appeals.
appsaled shall have
license.
I
The fact thul
no ettect on!
a conviction is
the revocation
being
of the
Subd. 4 Exceptions. Section, ~
not apply to adult motels as a 'r5S.13, Subd. 2(g), does.
unless the licensee or emplo gr~m~,tor revoking the license
sexual in~er~ourse ~ . yee. o,~ngly allowed the act of
~ , ~oaomy, oral cOP1ati
sexual contact to occu' . on, masturbation or
view. r 1n a publi I place Or within public
Q~3 :
85 '
I
I
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Ii!I019
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0~/01/2002 FRr 09:52 ~~ 6127852859
CITY OF CIRCLE PINES
I;!] 007
incomplete,
Commission
void.
and any action taken by the councilor Planning
in response to it shall automatically become null and
350.11 Renewals.
be submitted 'our
in 350.05.
All applications for renewals of licenses shall
(4) weeks prior to the expiration date set forth
350.12 Pe~alty. If an application tor license rerlewal is not
submitted within twenty-one
current license, the licensee
ac~ivity. Continued activity
be a Section violation.
(21)
shall
after
days after expiration of the
cease the previous license
the twenty-one day period shall
SB:CTION 355
ADULT ESTAElLIMEN'l'S
355.01 Pyrpo&e and Intent. The purpose of this Section 355 is to
prescribe 1 icensing requirements for sexually-oriented businesses
in order to protect the general health, safety and welfare.
355.02 Findings of the City Couns;!l.
S~d. 1 Findinqs. The C1ty Council ot the City of
Circle Pines make.. the following =indings regarding the need
to license sexually-oriented businesses. The findings are
based upon the Council's re.....iew of the "Report of the Attorney
General's Working Group on Regulation of Sexually-Oriented
Busin.,eses", dated June 6, 1989, prepared by Hubert H.
Humphrey, rII, Attorney General of the State of Minnesota, and
the Rochester, Minnesota/Olmsted County PlanninCj Department's
March :;!, 1966 report entitled, "Adult Entertainment: Land Use
and Legal Perspectives." The Council's findings are ae
follows:
(al Sexually-oriented businesses can cot-tribute to an
incr.,ase it'. criminal activity in the area in whioh such
businesses are located, tax1ng city crime-prevention programs
and law enforcement services;
(b) Sexually-oriented businesses can be used for fronts
for prostitution and other criminal activity. The experience
of other cities indicates that the proper managemenc and
operation of such businesses can, however, minimize this risk,
Chapter 3
73
........
Subd. 1 Causes
licens.. for a period
that a license.. or an
!
!
I
,
Subd. 2 Den~al of Renewal. ~h~'n the City denies renewal
of a license, the applicant shall I'. t be iesued a license for
one year from the date of denial. I, subsequent to denial,
the City finds that the basis fot denial of "he renewal
license has been corrected or abat~d, the applicant may be
granted a license if at least !l0 qays have elapsed since the
date denial became fina::'. I
I
I
of Suspension. 1 The City may suspend a
not to exoeed ,30 days if it determinas
, '
employee of a licensee has:
I
(a) Violated or is not ~n compliance with any
provision of this Section 3SS. I
Engaged in the use ~f alcoholic beverages
en the Adult-Oriented . tsiness premises other
an Adl.ll t Hotel 30r_ ~oBtel.. J
(cj Refused to allow. an inspection of the
Adult-Oriented Business premis "' ..5 authorized by this
Section 355. I
OJ/01/2002 FRI 10; 01 FAX 6127852859
"" """'"[ "'"
,
,
i
,
Subd. 5 Grantin a License A~ter Revocation. When the
City revokes a license, the revocat on shall continue for one
year and the licensee shall not bel issued an Adult-Oriented
business license for one '-"ear from lihe date revocation became
I . I
effective. tf, subsequent to r"voc~tion, the City finds that
the basis for the revocation has been corrected or abated, the
applicant may be granted a license I if at leaet SO days have
.,lapsed s inca the date the revoCa1;j:on became effecti va. If
the license was revoked under sect..ifU 355.13, Subd. 2(8), an
applicant may not b~ granted an ther lioense ~ntil the
appropriate number oJ: years requir d under Section 355.08,
Subd. 3(g) I has elapsed. .
,
,
illU~u
.
355.12
SuspeZlsj.on,
(d)
the
Knowingly permitted ~amb1ing
Adult-Oriented Eusinees pre~ises.
,
.
Sl.lbd. 6 Notice. A revocatipn by the C~ty ..hall be
preceded by written notice to the licensee and a public
hearing before the City Council. ~he notice shall give at
least 10 days' notice of the time an4 place of the hearing and
shall state the nature of t"e chal:)Ses against the license.
The notice may be served upon thel~censee personally. or by
leaving the same at the licensed prfmis<!!s WiUl the person in
charge thereof. . ,
i
355.14 Transfex- of License A liceneee l19hall not transfer their
lioense to another, nor shall a licensee bperate an Adult-Oriented
business under the authority of a licensJ at any place other than
the address c:!esignated in the apPlication,1
355.15 Sever4pility Every section. proV~Sion or part of this
Section 35S or any permit issued to this ordinanoe is cl,ec1ared
severable f:t'om every other section,prov~sion or part thereof to
the extent that if any section, provisipn or part of seotion 355
or any permit issued pursuant t:> this S~ction 355 shall be held
invalid by a court of competent jur~sQiction it shall not
invalidate any other section, provision 6t part thereof.
(bj
while
than
by any person on
tol operate or manage an
a I peaceful a::ld law-abiding
aC~ion by law enforcement
. I
I
,
Subd. 2 Notioe. A suspenslon~y the City shall be
preceded by written notice to th~ licensee and a public
nearing before the City Ceuncil. Jhe notice shall give at
least 10 days' notioe of the time an9 place of the h",aring and
shall stat.e the nature of "he charges against the licensee.
'I'he notice may be serV"ed upon thel1' cense~ personally, or by
leaving the same at the licensed b'siness premises with the
person in charge th<!!reof.
355.13 Re.vocation. . I
Subd. 1. Suspended Li censes. I TIle Ci::y may revoke a
license if a cause of suspensionin,eCCion 355.12 occurs and
the licen$~ has been suspended Withi~ the preceding 12 months.
Chaplet 3 84 I
(e) Demonstrated inability
Adult-Oriented Business in
mar~1er, thus necessitating
officers,
.
SECTION 370 - iSTABLISHINQ TELiCOMMuNICATIONS PmaMIT
I
I
370.01 Governin Constl:Uetion, Installabion. .ratien, Re .ir,
Maintenance, Removal anCl Relocation of, i'acilit:i...s. A section
governing the construction, install~~ionr operation, rapair,
maintenance, removal :and relocation: of Ifacilitiee and equipment
used for the transmission of tele~.orunications or related
services in the public ground of the cie, ot Cirole Pines.
Chapter 3 86 I
I
Me~o',
-l!! . . '
.
TO: Honorable Chair and Commission Members
FROM: Staff
SUBJECT: Liquorffobacco Work Session Update
DATE: March I, 2002
Please find the attached copy of the Work Session meeting minutes for your review. An
additional meeting is scheduled for March 20, 2002.
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
LIQUIOR 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 Underage 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 requirement included in their ordinance. The
two top problems are Underage 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.
1_
FEB-28-2\;)1iJ2 13' 19
LEAGLE CF ~'" C I Tl ES
P.24/34
J ..
iMc
I i.__....!~~..... 011.
cus.~"II....H....
Clasmication ..z c r
Manic1paUty ~
Date 1.;::?~~6"",/
Renarch and Information Service
ORDINANCE NO. 91
AN ORDINANCE PROVIDING FOR THE RI!!QULAll0N OF ADUl.T ORIENTED BUSINESSES IN
THE CITY.OP COSMOS: PI'IOVIOIHG !;OR THE I$$UAHCE OF UCENSE8 AND COLl.ECTlON
OF FEES THI!Fle:FORE; PItOVIOINQ PENALnES FOR THE VIOl.Al1ON THEREOf.
THE CITY COUNCIL OF THE CITY OF COSMOS OOES ORDAIN AS FOLLOWS:
ADULT eSTASLISHMENTS
p~
SECTION 1. PurDOslI and InWll
Flndlnqs of th.. Cltv Council. Studies concuc!ed by 1I1e Minnesota At10mey General. tne
American PlannJn~ AssocIaUOn and aitln such as St PaUl, Minnesota, Indlanapofls, Inaisna.
Alexandra, MiMellOta: Rochester, Minnesota. Phoenix. Arizone; Los Angeles, CallfcrnJa: ana
Seattle, Washington have sttJdled thll Impaots Nt adult elllabllahmenta haw in th008 com-
munltlas. -nwce SltJdlas haw conCluded thet adult etllllblishmOlnls have adverse impact on the.
SlJrroundlnQ neighborhoods. Those Irnpactlllnclude Increased crime rates, lower property vel
ue&, Increased tranGlency ".Ighborhood blight ana potential health rlslal. Based on these stud
ies and findings, the oity council concludes; .
(a) Adulllllltabflshments 'have adverse secondary impacts of the types set tom above.
(b. . The adverae Impacta caused by Ildu. establishments lend to diminish If adult a.tab
iiahmen18 arl! QOvemed by locationaJ requirements, licensing requirements and
he<<1th requirements.
(c) It is /lOt the intent clthe city counoll to prohibit adutt eatabii4hments from having a
fM80nabl. opporllJnity 10 100000e in the city.
(<I) Minnesota Statues, Section 462.367. aHows the city to adopt regulations to promote
the public health. SIllety, morals and general wellare.
(e) Thi publlo health, safety, m",als and general weilare wfil be promoted by the city
adop1il'l~ r9!lulaUons governing adult eetabliehments, .
The City Couno" 01 tne City of Cosmos ma~.. tile following findlnQ$ regarding tn.: ne\!d 10
license .'XUAIIy-otlented business418, The findings are based u!XIn the .x~I.nce8 01 Olrllr
cite. where such bustqesses neve located, as studied by City stall.
(a) SexuaHy-orlented businesses can contribute to Ill'l inorease in criminal activity in the
are. In which suoh bue.,"e. are located, taxing city crime-prevention prOQrams
and law enfo'98men1 services.
(b) SexusUY-Orlenled businesses can be used as fronts tor prOslllutlon and otne, crimi
nlll activity The txperlenoe of other cities indicates that the proper management and
operation at ouch buainesses can. however, minimlz. this risk, provlaed th9 owner
and operators of suoh facillti.. ate regulated by Ilcen8ing Or olher prooedures,
(0) S..uaJly-oriemlld businesses can Increase tl\e rllk at exposure to oommunlcable
dlseasea Inclu<llng but not IIm.tec to AcQuired Immune Oeflclency Syndrome (AIDS)
lor which currently there Is no cure, Experiences 01 other cities Indicate that suoh
businesses can facilitate the spread of oommuniOllble aloeu.. by virtue d the
deaJgn and usa QI1he premlees, thereby endangering /lOt only tn. patrons ~ sUlih
IIStllbljlJhmentll ~UI.I.o the Qenersl pUblic. . ,""'.
FEB-28-2~~2 13:~
LMc
u.,.. of Mi....... CIti..
allN~Il.,--n-
I
LEAGUE OF MN CITIES
P.25/34
..~
Classification
Ml1I11clpality
Date
Research and InfOl/1ll1/lon S,,,,tce
(d) Sexually-oriented buslnes..s can cause or contribute to public he&lltl problems by
the presence olliW adult entertainment In conJ unction with lood and/or drtnk on the
sam. premises
(e) The risk of crlmln~ activity and/or public health problems oan be mi"imized through
a licensing and regUlatory scheme as prll!lcrlbed herein.
Su~dMslon 1. I'lndlnQs, It II \he purpose of this Ordinance to regulate Adul1 Orlentea
Businesses to promote the health, salely, morals, and golnsral welfare of the onlzens of the City and
to esrablish reasona~le and unllonn regulations to:
(a) Prsvent additional crlmi'1al activity wl1l11n the City;
(b) Prevent deterioration of neighborhoods ana its oonsequent lIdverse effeot on real
Istatl valueS 01 propertles within the neighborhood;
(c) To locate Adull Oriented Business away from residential areas. schools, churches.
perils and playgrounds: '
(d) Prevent ooncantratlon 01 Adult Oriented BUsinesses within cerlai" areas 01 the City.
Subdivision 2. The provl~ions 9f thie Ordinance have n'iither the p~rpoi;$ nor effeot 01 impos- .
Ing a limitation or restriction on the content 01 anyoommunlcative malerlals, Including Adult crem-
ed materiels, Slmlla~Y, 11 is not the intent nor effect of this Ordinance to restrict or deny accellS by
adults Ie Adult oriented materials protected by the First Amendment or to deny lICCess by distribu-
tors and exhibitors at Ad~Jt' oriented entertal"ment to their Intended market
Section 2. DAflnitlon.
SUbdivision 1, For purposes 01 thle $llCtlon the terms delined In this section have the mean.
inlilS i1~ them.
Subdivision 2, Adult Use, Any of the activities and bueineeses described below oonstitutes
Adult Oriented Buelnesses' which are subject to the regulation of this Ordinance.
,
Subdivision 3. "dl,lt !\I'nk andJpr llIl!1d\ll Slore. An establishment which excludes minors and
which has a substantial portion 01 its stock in trade or stoell or! disPlay books, magazines, IIlms.
videotape. or o1l1ermedia whloh are ohareoterized by thel. emphasis on matter dtPictirlil. descrlb.
lng, or relating to Spedlsd Sexual AcIIvltIes or SpQclftid AnatomiCal Ar....
Subdivision. 4: AduItCa!l~r..1 AIl flstabllsnmenl which provldas dancinll or other live enter.
talnment, U such establishment ~cludes millo", by virtue of age from all or part of the establish-
ment and ij such dancing or other live entelUlinment in distinguished or oharacterized by an empha.
sis on the performanoe, depiction or desoriptlon 01 SpQc;ifled Sexual Actlvltle& 01 SptlCifted
Anatomical Areas.
Subdlvislon 5. Adult E",.bll~hm'nt: Any busin_ which offers its petrons serviCes, entertain.
ment, Ot the sale 01 mel'l:ha~ characlerlztd ~y an emphasis on matter depicting, exposing,
clOllCribing, disouesion, or relating to spe<:lfted sexual Itctlvltlae or speoijled analCmlcal area..
Speo~lcally Included In the term, but without limitation, lire Itd~lt book and media stores, adult
cabar.is, adult holels or motels, adult mini-motion picture theaters, adult mOdeling sl\Jdio., adult
motion picture arcades, adull motion plctur. thealers, adult novelty businesses and other estab-
lishments.
SubdlVlS10ri e. Aduit.Hotel or Mot.' Adult Hotel or Motel means a hotel or motellrom wnioh
mi~rs arsspecili<;ally excludedlrom, patronage and whe~ei~ materiel.is pr."ented. whioh is di&~in~
FEB-28-2e02 13: 21
LEAGUE OF MN CITIES
P. 26/34
,
LMc
Clasiificatioll
Mtmiclpality
IMp. .n""",'..,. 011..
OI/u~...n_
J
Date
Research lVId Informati.on S eM>ice
Sllbdivi'lon 7, Adult Mini.Mnllon Plclure The"ll!!,
{a) A lheilter in an enclosed building. from which minors are elCCl~ Irom aM or part of
the a$!aOllchlT1llnl, willi a capaeity fer less than 50 persons used for pl'$senlJng
motiot1 p/atura. includinQ but not limited \0 fI1m and vldllOtape, halllng as a dominant
theme material distingUIShed or ClIara<llerl%$d by an emphasi41 on matter deplcling,
d_rlb~lg, or relating 10 Speoilled Se_1 Ac1Wnies orSpeclflad Anatomical Areas.
(b) Any cusln_ which p"..nls motion pictures, from which minors ara excluded from
!Ill or part ot the establishment, including tllms and Vfd*ltapes. having as a dominant
Ihtme malerlal dlstlngulshsd or ohIlraclsrized by an empl'Mtsl. on matte depictlnll.
deSOl'ibing, Or reliant IcSpacifi.d Sexual Activities or Specllled Analomlcal AreM, tor
viewing 00 1I1e prtmlsee, Inoludlng but not limited to private booths, viewing by
means 01 coin operatecl Or other meeI'lllnical devices, and the vieWing Of eXCerpt 01
metlon plctures offered tor sale or rent
SubdlVis/on S. Adult Modlll/no Studio An estat:ilst1mant. which exclUd<n.mincrs fTom all or pan
of the eslabli$l'Imeot, whose major b46lti0S$ la ttl. provlalon, to eu3li:lme<s. or flQl4re modal. who
ala $a provided \"ilh lh. intent 01 providing sexu", stimulation to sal<l.ial gratltlcatJon to IIIJCh CUll-
Iomars and who anga~a \n apeelfled ..Xlial aellvlijM or. display specified a~ical areas while
ll<ting obse(Ved, painted, painted upon, sketched. dl'llwn, sculptured, photographed, or otherwfse
.dtlpic:ttd by such oustomeca.
Subdivision 9. Adult Motian F'lctI"9 Am.o.. My place Which im;l~das minors lro,!, all or pert
01 tl'\f estallllshmenl Wherein ooin or token operated or .Iectronically. elr.tncaily, or mechanically
controlled or operaled slll/ or motor picture mllchlnes, prolectors, or other lmag.prooueing devices
are maintained to show image, to live or fewer pet8Or1s per maohlne at anYOM'~me, and Where
the Imagee so displayed are dlstln~llhed or characterized by an emphasl. on depiollng or ClQscrib-
InO Specllled SeXUalAC1lIliUe, or SpflOlIled Anatomical Ar...
Subdivision t Q. Milk Motion F:'1c~Jf" Theater A lOOaler in an enolosed .buildlng, from Which
minors are excluded !rom all or part 01 tn. tSt&blishment, wilh a capacity of 50 or mora pe..ons
used regularly and routinely lor prasenlJng IIv. enterta,IMrl16nt or motion ploturee, Including but no!
limited to fllm and 'Videotapes, ha~ing at a dominant 1heme mllterial dislil'lguillhliC or c."lareotanzad
by an emphasis on mailer depicting. describing, or relating to Speoltled Sexual Aotlvlti.s ot
SpeclflQd Anatomloal Ara.. lor observation by patrons,
Subdivision 11. Adult Novollli BUSiness A outln811$, Irom which minors are exCluded from all
or part of tha $.tabliahment, wh~ $Ills. etfltrs to .ell, Ot dl,play. Oevices which simulalt human
genU.!s or device. which are deslgnat1lor se:xU/l1 stimulatIOn.
SlJbdlvlsiOn 12. SoOldlled AnlltnmlNlI Arll'll ale any of the loilowinil' conditJons:
(e) Less than completely and opaqu.ly ccvered;
1) hl.Jman genitals, pubic region, or puDlO hair:
2) bUlIool<, enus: and
FEB-28-201J2 13: 22
LEAL1LE OF MN CITIES
p, 27,....34
,
LMc
z-.. 0/ Mi....... CilIoI
O$u 1"''''''''iM.....n.....
I
Cbu:siflcatloll
Municipality
Date
Rutarc:h and 11tforrnation StMJice
3) female breast below ~ point immediately above the top of the areola: end
(b) Human male genuals in a disoernible turgid alate, completely ~d opaquely covered.
Subdivillion 13. Soeclfled Se~ual Aetlvitles are any of the following cond~iona:
la) An act 01 nxual interOourse, normal or perverted, aclUIAl or simulated, including ~n
ltal-genital, am ill-genital, or oral-genital intercoul1le, whether betweGn human beings
or betw~n a human being and an anil'l'llll.
(b) 'SadomasochlsllC aOuse, meenlng flagellatlCln or torture tJy or upon a person who' is
nude ClI clad In undergarments or in 1\ revealing CClslume or the condition of baing
i.tt.rad, bound, or otherwise PhYSically reSlricl8(l on the part of one so clothed.
(c) Masturbation or lewd exhibitions of the genitals Inol~lng any lixpllclt. clos...up rep
reaMlalion of a human genital or~n clothed or unclothed,
(1:1) Physical oontaol or simulated physical contact wlih the OIothed or undothed pubio
areaa or buttocka of a human male or female, or crusts 01 a lemale. whelher. alone
or betWeen membets of the same or opposite sex or ct1w..n humans and anlmalo
in an act of appatent sexual stimulation or Or.tlfio.tlon,
Se'Gtion 3. A~IIC11tlon ot this ~rdlnanC8.
'Except as In this OrdiMnoe apecffically provided, no structure lihall be erected, converted,
enlarged, recoostrucllld, or al19rl1d, and no struclu/'ll or land shall b<il usQd, lor any pUlp"'. nOr in
any manner. which Is not in ocnfcrmily with thi~ Ordinance
No Adull Orienfed /lI,JslMae alall fII'Igage In any activity or conduot or permil any other person to
engage In any aulivlly or OOnduct in or about the Qs!abllSl1ment Which is prOhl~ad by any OrdinanCe
011119 Clly of CC$ITIO$, thl/ laws of the Slate of MinnQSOw, or the United State, of America. Nothing
In tnit Ordinance shall be construed as authorzing or permitting conduct whioll prohibited or regu-
IslJad by olller ltalu>>' or ordlnanoQs, including but nolllm~ed to sle\u1es or ordinanoes prohibiting
IheexhibltJon, sale, or dllllr1bution of ob$Clllne malerial generally, or the exhibition, sale, or dllltribl.l-
lion of specllled material. to minors.
$ect_on 4. Location.
During the tarm of this Ordinance, ric Mul!, Oriented Businesses ilhall be 100lllstll"s.1han SOO feel
from Ilny r..ldentiai toning dlstrlCl boundany or site used for residential purposes, and not less than
500 feelfrorn any church site, .from any IlChoOl aite, from any day oare fllcilily, or from any ~rk
which s adjaoent to' property :cned residential In addition, no Adu~ Oriented Business may be
located within MO 1eet of anomer AdUlt Oriented BuslneS$. For purpOs<lil of this Ordlnanoe, this dls,
tance shall be a horizontal measurament from tha nee.rliS't existing residential diatriot boundary or
gile uaed for residenllal purposes, churc:h site. $Chooi site, day care S~e, parI< sllll, or another Adutt
Orlente4 BUSiness site to the nearest bol.lndary 01 the proposeo Adult Oriented site,
Section S. Hours of QDet"wtfon.
No Adult Oriented 6uSiness site shall be open :0 lhe publlo 110m, !he hau," of 11 :00 P m, 10 9;00
am,
FEB-28-2la02 13' 22
lEAGUE OF MN CITIES
P.28/34
,
LMc
Cbesiftcation
MuniclpaUty
.....,...jun....... CIIi..
ae.. f"OI1U'II.3g ....n....
I
Date
Research and Informatkm Service
Sectlon 6. 0......""0".
Sub<:livielon 1. QIf-sll" Vlewina An estabilsh.,.,.n! op.rating as aJ". Adul! Orientea BUsiness
shall prevent oll-slte viewing of its merchandise, which ~ viewed by a minar, would be in violation
af Mli'It1aSOla Statut!l8 Chapter 617 or omsr applicable Fedoral or State SlaM'" ar local orell.
. n8l1Ces,
Subdivision 2. entr~n~.a". All entrMO" to ll1e business, witt-, the e.ceptlon of emergency fir..
exits, which art not useal)~ by .patrons to enter thE; business. shell be visiol. from a public rlght-of-
way.
SubdiviSion 3. ~ THe layout of the display a...as shaIl be deeign.d so \tISI the mllJ'\ag9-
men! oIltle establishment end any law enfor~ment persamel inside the store can observe all
patrons whllelhey have a_ss to any meroh/lndlse ollered for Sllh. or vlawlng Includlngbut not IIm-
~.d to boola;. magazines, photograpl1s. video tap",", or My olher meteria/.
Subdivision 4. lIlumll'llltJon. illuminatIOn o.j the premises sxterlQr ,heil be .dequate to observe
the loca~an and aotlvltles of all perscn on the exterior premises.
Subdiv'lslon5. ~ Signs lor Adult Ol1enled Busini$$t$ shall comply Wi:h Ih" City'S
Ordinanoaror slgrnl ~dcl.res.ed.ln qrdlna,nce 4. and in addl~Ot1 signa for Adult Oriented Susinesses
e~ell not contain r~i'sentalionlil deplCuon 6r an adult nature or graphlo dQSCripUOns Of the sdult
theme at the operation, . -,'
Se<:llon 7. Lic~... Allaulrlld. No person shall own or operate. sexuelly-orlenl8d business
within tne City unlellS sUCh p..~n Is OIJrrantly IIcanellCl under \tIis Ordinance.
Sectfon 8. UC8n"A ADpucaflcn. This. applicaticn for a license under this Oidinance ,5,l1a" be
",.de on a form SUPplied by IssuinQ Authority and af1a1l require the following information:
Subdivision 1. AUADoIlq;lnls. For all appliCants:
(a) Where lIIi applloant Is a natural parson, corporaUon, partnership, or other form
of organization
.
(0) The Is~1 description of the premises 10 be lioensed, along with a floor plan of
the premises. The floor pian of the premlsas Shall dstaU alllntarnal operaUans
and eolivltlea, including.a stetement Of the total floor spaoe OC<:lJl'ioJd by ths
bLlslnses. The floor plan need not be professionally .prepared but must b.
drawn 10 a designated .cale or drawn with marklld dimensiOn of the interiOr of
the premises 10 an acc:uracy of plu. or minus .ix (6) inches.
(0) The name and str.et addr... of Ihe business. If Ihe butin... is to be con
Cfuottd under. deSignated name. or style other than me name of the appllcan~
a certified oopy of the oertlflCate requirlld by MiMesota StaMe., Se<llion 333.
01 shall be submitted.
Subdivision 2. A~firn:lntJ:l Who AM Nl!tllrzll PI.I~Or'l~ If the applicant is a natural person;
(a) The name, place, and delle cf birth. sUet! and olty addr.... ar.a phone numbar
of ths applicant
(b) Where the applicant has ever used or hiU bMn known bV a name oth.. then
the applicanrs name, and If SQ, the name or names usad and IntormaUon con
"'.l'!'\;nt"l. <"4.t~ *",.!, ,..,I""QIQ \lo,hO;A "QQI'i
FEB-28-2<l02 13: 23
LERGUE OF MN CITIES
P,29/34
,
ILMe
u.,...f Ml....-.IA C'_
CliI<I f'''"..c.,....n....
Claulftcattoll
MlUlicfpaHty
Date
Re.s8atch and Informo.tion Service
(c) The street and city addresses at which the Applicant has liVed during the prill
Ceiling two (2) years,
(d) ThQ type, nam.., and location Of QVQry bualhes. or oocupation ;n which the
appliQant he.s.~en engaged during the preceding two (2) years and name(e)
, and addril$l(6!s) tlHne applicant's employ....{s) and parlnor!.), if any. lor the
preceding \wQ '(2) years,
(e)
Whether !lia appliQant has ever been convicted of a felony. crime, or violatiOn
olllny ordinance other than a petty miedema.nor tralllc ordu'anct. if so. Ihe
applieant ahalllumlsh Information es to the time, plaoe and offense for which
convictions wit"" had.
Subdivision 3, Al:lPlieanlA That Are Partnership.. II the applicant IS a pannershlp;
(a) The name(e) and addrt5e{es) of all general partners and all of the inforrnation
conceming each general panner thalla rOl(;ulred of applicants in subpart (2) 01
this Stotlen
(1)) The nama(s) cf the managing pertner(s) and the inlettat of each partner In the
busin.... ..
(C) A true copy ollhe partnership ag~ent shall be submitted With the applioa
tion, II the partnership Is required to file a cartWicale as to a trade nM1e ptJr
,UMIIO Minnesota Statutas . Section 333,01 a certiJied copy of such cenifica!e
shell be attached 10 the applicatiOn,
Subdivision 4. Cor.DOral~ or Other Mnll""nI5. If the applican!.ls a corporation or other
organization:
(a) The name of the corpora~on or buslMU form, and ~ incorporated, the slate of
IllCorpOrlltlon.
Ib) A Ifu.. copy 01 the Certificate of Incorporation, Articles of I"""rporall~ or
A.'JsOOillton Agreement and By-laws shall De altilched to the apPlication. It rhe
applicant Is a forillgn ocrporation. a CerliJicale of Authority as required by
Minnesota StaMes, Section 303.06, shall ba altilc/lec,
(C) Tne name cf the maneger!s). proprietor(s), or other ag.enlls) in char;),. 01 ti,e
business and all Of 1I1e Information concarning each manager, proprielor or
agent thaI Is required 01 the applicants. in subpart (2) of Ihi, Section.
Section 9. License Aao/lo81lon E"""ution. If 1M appllcauon is that 01 a natural person, the appli-
cation Shall be signed and swom to by that person: II 01 s corporation, by an officer tMllreof: If of a
partnership, by one of the general partners; it of an unincorporated association. by the maMager or
managing offlcar thereaf,
Section 10. iJeen." AooIlcatlon VerlfleaUon. IIppiications of licenses under 1I",ls Ordinanca shall
be submitt&d to lhe City Counc" (hereinafter referred to as lI1e "lasulng Authority''), Within \wenly
--
"EB-28-2B02 13: 23
~EHGUE OF MN CITIES
P.30/34
t
U1c
I T_."'Mi~C_
QB., /I'Omdi!."I -'I.n_
CwsweatioD
MlUllcipality
Date
Research and Inf(J11PlI1.tlon Service
(20) calendar days of receipt of" compW)e application and payment "f lit iic"'" e.pplicatlon Ieee.
IIQen!s and/or emplOy"' 01 the Issuing Aumortly shall verify any~rlq all 01 the Information request.
ed Of the applicant in the application, Indudlng lhe ordering of criminal b;lckground checks. and con.
duct any neoeese'Y Investigation to assure compliance with thl$ Ordinance.
, . ' ' .
Seelion 11, Licena. Appll""llo" Conslderalkln. No lalllr than l4ln (10) calendar days after the
completion 01 the license applie&lion verlfloatlon eM inveallgalJon by thu Issuing AulI10rily or its
agents ano employ.-a, lIS P1'$scrlbed In Section 10. the Issuing Authority shalllCcapt or deny the
. Ucell$<l application ;1'\ aocordance wl\h lhls Ordinance. If the appliCation is denied, the IssuinG
Auth;irity shall nollly the applicant of the delerminati\ln In writing. The notioe shall be ma.iled by cGl.
tif/lId and regular mail to \I'\e Ilpplloant at tha adCr.as prOVIded !he application lorm ~nd' I"hall.
Inform the applicant of the applicant's rlQht wilhin twenty (20) oalenOar day. of receipt ofl\1e nollce
by the appJican~ 10 request an appteJ Ollhe delermlnatlon ler rtCOl'lslde1ation by the CIly Oo~ncrr
or to immadlately cnallenge the determination in a eour! of law. If an appeal to the City COLlncil ill(
timely receiVed, Itle .hearlng before tha CIly Coun,,1 shall take place wlthln twenty (20) calendar
days 01 itle receipt of the appeal, If an appllcalJon is granted for a location where a.bllildln9 is Under,
constrUction or not' ready for occupancy. the license shal not be delivered to the licensee unth ce....
tiflcert of OCevPllncy has been Issued for the licensed premise; by the City Planning qepartment
During the application consideration process pr.scribed herejn an applloant operating a buslne.",
nOl previously subject to L'e license provisions of this Ordinance may "main operslfng pending the
outcome of the applicallon consideration by the Issuing Authority.
Section 12. License F8AS
Subdivtsion 1. "ooiloOtion "ee
(s) The liCense application feca shall be Five Hundred Doliars ($500.00)
(b) The appliCation Iloenee lee shall oe ~Id in 1UI1 b.lore tI\Q application for a license Is
con.sid.reQ. All fees shall b. paid 10 thN IOsu11'l<J Authority for depol!it In\(> the 9&06r
III fUnd a/ the City. ~ponrej.ctlon of any application for a llcens. or UIlOl'l w~hdraw
al of appllcatJon befo~ IlpprovaJ of the leeuing ALllhority tha 110"," foe !lh411 be
rell,lnded to lhe applicant. .
(0) Wh.n the licens. is lor preml... where the building is not ready for occupancy, the
time fixed ior computatlO(\ ellM license lee of Ihe IMlal Iicensa pertod shall be nln.
ty (90) days atler approval cf me license by thellJeulng Authority or ~POn the date an
o<;C\,Ipaney pel'l'l'\it is Issued fer the bLllldlng. .
SUbdiviSion 2. In'JQ~tlt'\ation Feu,
(e) An applicant lor any license under this Oivlsion shall d.posit witl1th. is.sulng
Authority, at the tima an original application is submitted. S500.OO to cover the coots
InllOlved in verffying the license applicallon ~d to cover the lIl<\l4nSi of any investl
gation needed to assure compliance "11th \hIS DiVision. Thetnv.sUgI1bon lee shall be
non-refundable,
Section 13. P....""". and locations Inaliaible for a lie..n... Tha 1~6\,1ing AuthOrity shaJllssue a
license under this division to an applicant "nlees One (f}-or more of the following conditiOns exists,
(1) The appllcanll.s noi .ighteen (18) yeers of age or older en the date the ePPJioationjs.su~
milled to thelnuing Authorl~; . .
il)\ Tl'u:io "',.....tl....IlllM" flllU~ f'" ~11I.\nhJ"..llnfth__j""~~~tin"" ~_,ooIoC"1;L.~-.Lillll..:l~lD'I~jQ'I:'I.:~l'
FEE-28-2\l02 13: 24
LERGUE OF MN CITIES
P.31/34
\
!:Me
I.-,..",~ CHI..
Cd., P1OIff(ltlttJl ...HO"t:II
Classification
Mwz1c!pality
Date
Research lUll! Information Service
(3) The applicant gave false, frauoulent, or unlMhful il1lllrmation on tt1e license application;:
(4) The applicant has had a sexually-oriented 1I0&1'11l& ,'ivoked from \he Clly or any otiuafJurlS
diction within a one (') year pliriod Immediately preoedlng the date th<1 applicatio" was,
submitl$d;
(5) The applicant has had a conviction of a felony or gross misdemeanor or misdemeanor'
relating to sex ,offenses, obscenity offenses, or adult usee in the past liVe (5) years, "
(e) Th. s..ually.oriented business does not meet the toning requirements prescriblil<J in It'll;
Ordinance;"",
(7) The premises to be licen..d as a sexually. oriented business I. currently liean.ed by the
C~ as a tanning 1aolllty, tattoo establishment, pawnshop, therapeutic mas,nge enter -
prlse, Or an establishment licensed 10 sell alCOhOliC beverages:
(8) The applicant has not paid the liCense and InviS~gation lG9S requirad In S<lC1lon 12,'
Section 14. Lken!HI RHtrlctlnns.
,.,' :. .', :", ' , ,~
Subdivision 1. Pcstino 0; Lloans. A Ilcens. Issu.d under this Ordllilince rhVsrte'posteo<'id'a
c9.p,miCUous plaoa in tha premises for whioh it Is used " '
, Subdivision 2. 8t&cl 01 LlCMS.. A license issued under this Ordinance is only effective for'the
, compact and contiguous space "Pecified In the epproved license application,,":
SubdivisiOn 3. Msint"""nce ol Ordlr A licln,.. und.r this Ordinance shall be respi)nsible lor
the conduct 01 tha busJness baing operated and oI'lall not allow any megal activity to laKe plaoa on
or nellr tl'ie licensed premi&M. Inc1,Ud111ll but not Iimrted to pros~jution, public Ind<lllency, indecent
exposure, disorderly r::onduot, arthe sale or use Of Hie gal drugs, Evsf)/ act 'of omission by an
employee or Independent contractor 01 the IIc9l'lsticonstituting a vlolsti,!n of tnis Ordinance shell
W deemed the act'lIr omission of the'lIoensee H such act or amisS,lon OCCUIll either wllhJhe autho.
rlzation, ilnowlidg.,or apprOVal Of the licil1s.e or as a r.sult of the IiCthssss negligent faiiutele
supervisatlle employee's or independent cOMlrAetor's conduct ' " "
Subdivision 4. Distanee RM'l!JiMm~nt f()r J )Vi19 AdlJJt En1atiell'lmAnt. All performtHl, do.ncer3,
and persons provIding live entertalnmenl,dislinguishsd or characteriZed by en emphasis on mallsrs
depiotlng, desonbing, Qr r~ating to apecifled a.xual activities 0' spsonied anatomical area. in t,~
licensed taoillly or in areaa adjoining !hllllcenud facil~ wher. .uch entertainment c.n be seen by
patrona ot !hellcenladfacility shall remain at ai/limes a minimum distanca of tan (10) feet from all
patron., customera, or spectaiQl'4 Md shall danc. or provide ,such .J,llIrlainmllnt on a piatform
intended tal thet purpose, which shall be ralsed 'It least two (2) leel from the lave' of the floor on
which p41trona or sPeotatora are loceted. ' .' ,
Subdivieion 5, InteraOlion wilh Petro",". No dancer, parformer, or parson provioing live enter.
tainmlll1tdislinguished or'cherae/.rized by an emphasJs on mattlllll depicling, describing" or relal.
ing to speci/ied saxual activities or specified anatomical arees in tha licensad facility cr in areas
adjoining the Iice/1$ed file/lit)' where the entertAinm.nt can be seen by patrons of the ncansedfacll.
fly shall fondlll or caracs any aptetator or patren, '
SubdiviSion 6; GrAtuity Prohibition, No oustomers, speolator, or patron 01 a Ilcenriad facility
shall directly payor give llIny gl1liuity to llIny dancer or performer and no-dancer or Pllrfon'l)er $hali
6Olic~ any payor gratuity trom any patron or spieralQr. " "
FEB-28-2002 13: 25
LERGUE OF 11'< CITIES
P.32/34
lMe
I i;:.fMi~'-" Cil;..
CIIlot,.....,.., -II-
Clasalf1catlCln
Munidpality
Datil
RuI!!.lU'ch and lpiformation SU"IIice
~
Subdivision 7, ~~lt Car W...h RgqlJlromonlll Sex\lally-orlented tllJslnessSS IMt aro adult oar
washes shall meet alia' !I'll!!. re<:!uifementw of Ihls Ortilf'1llnCll '
Section 15. Rastrlctlona RaoartJind license Transfer.
[1) Thllllce.1s. granted, under this Ordinar\CI is for \he person snd the premile$nllmed on
the approved Ucanse application, No IIanaier of a license shall be permitted from pla<:e to
place or trom pel'SO,n to person wi1houl complying w~h, (he req Wements of an ori~lrial
application, ' ,
(2) When a aexually-orlerrted businesa fi<:el1se<,l under this Ordinance i. sod or transtelred,
(he existingllcensM shalllmmedlataly IlOIl1y tile Issuing AUtl10rity of 11'1. sale'or trans'er
If the new owner or operator Is 10 Continue operatlng !he sexually-orlen\td business. tba
new .owner or operator mUst immediately apply tor a license under tt1ts Ordinance. "
Section 18. Ins..ection.
SulXllvision 1. ~. An applicant or licensee shall permit health officials. raprQs~tati_es of
the policl department, fire depanmant. and building Inspq::tlon dl_la/on, to I"~peot U1e premi$ea Of
an Adult Oriented avainasator the pUrp<lse 0' anlllJring eompiitrlCG with the law, at any time It Is
oeeupill(j or open lor business;
Subdivision 2, Rer"...1 toP"rmlt InsneGlinn!l.A person ,who op.rates an 'AdUlt Oriented
Buslneu or hlll/h"r sgent or emplOyee eommiUl an offente ff ohe or he raf1.;aes to perm" a lawful
inspection of the premis_ by health offleials. representabves of tile PCllice daparlmerrc. lirs depart-
ment, and building Inspection dllllsion at any ~ It Is oecupleo or open lor business. Retusal.to
cermit in,pectiona may reswt in the suspension of ths lio8111S ao provided in Seet/on 11. .
Subdivision 3, EXOBotlons Th. proviaions of this seatlon do not tPP{y 10 areas of' an adult
motel, which are curranUy beln~ rented by a Customer lor use as a permanent Or temporary ha!?i-
.latlon,." .,
SectIon 17. '};xnlrMion And: Renawat
,
SubdiVision 1. !!lWlrStlon Each nCllnse shall expire at tne en<l of the calendar YBJrand "'illY
be ren.wed only by making applieetion as provided in Section 7, Subdivision 1. AppliOBt~n' for
renewal must ba made at least 60 days ~lere the expiration date, and when made ie" tI'..,1 eo
days before the 8)Cjliratk:n date. tha 8)Cjllratlan 01 the Iiaense 1'1111 not lle affacted,
SubQivision ~. Denial of Renawal When the CIty denias ,&nawei at a Ik;:ensa,th& apOl.lallm
shall not be issu~ a license for one year from the dale 01 denial. If, subsequent to, genial, thEi City
flnde that the basis lor ~nlal 01 the renewal license has bean correet~ or abated, .the applicant
may be granted, a license if at east 90 days haVe alapS<;d since the date <lenlal became final.
Sa.-:tion 18. Sus,..nsiq'1.
SubdiVision 1.. Cauvs or 9u~~"nslon The City may .uspond a ,license for a p;lriOd not to
exceed 30 days ff It determine. tl1at licans.e or an employee 01 a lin.naee has: ' ,
la) Violated or IS not In compliance with any provision of this ohapter.
L __
LMc
. ~"M;._ CiI!u
Citt.. prom.1I ...n....
FEB-28-2802 1.3: 26
LEAGUE OF 11-1 CITIES
P.33/34
.
Classifkatlol1
Municipality
Date
Research and ll1/ormatiDn Service
(b) Enoall'lii in the use of alcoholic ~ve/age:\ while Ol'llh& Aduit Oriented 6uslnes$
premises omer than at an AQulll'lotel or Motel. .
(c) A.lUlled to anow an IniPectlon or the Adult Oriented Busines. premises as sutho
rlZlld by this c:hapw<.
(d) Knowingly P9rmln.d gambling by any pa/$on en tn. Adult Oriented Business premls
<IS
(e) Cemonsb'ated inabilitv to operate o/l"Ianage an Adult Oriented Buslnes. in i plOaoe
lul aM law-abiding maoner, thus necesslfliUng aOlion by law enforcernent officers.
. Subdlvlslcn 2. ~. A $u$pension by the CUy shan be pro~llQded by written notice to. the
licensee and II public hN.ring. The nollee shall give at least 10 days' notice 01 the time and place of
tne hearing ana shail state the nature ot the oharges against the licensee, The notiee may bII served
upon the liol!nsee personally, or by leaVing the same al the licensed business premlsee with the
per~n In charge thereof.
.eotlc:m ill. R~eatlon.
. Subdivision 1, Su"""nded License. The City may revoke a IicsnG. it " cause ot suspensiOn
tn S601lon " OO::U1'$ and the license I1aa Os,," suspended within the preceding 12 mooms.
SUbdivision 2. pause. of R..vnnatinn. The City shall revo>.a e111e.nse / it determine. that;
(a) A licensee gave /alse or misleading infermason ir:I the materiel submitted to the City
during the 'applicallon prOCess;
(0) A.iiCense.. 01 an employee has knowingly allowed possessloo, USe, or sale ot con
tlOlItd $ubatanoes on \he prem",s,
(c) A IiCOlnoee or an employee has knOwingly ellowed prostltullon on the premlsas;
(<lJ A IIcsnsee or an trl'Iployee knowingly operata<;! the Adult Oriented Business durlnQ "
perlo<l of time when the Ilcen,.', license was suspended:
(e) A licensee hilS """n oonvioted of an offQl'1se listed In Section 7, SubdiVIsion 3(g), tor
Which the time period required in Section 7, SubdivisiQn 3tg), has not ele.osed',
(I) On two or mote =sions within a 12.month pericd, a person or persoo, committed
an offense occurring In or on the lloensad premises of a orlmsllsted in Section 7,
Subdivision atg), for which e convictlon has been olltained, ana the perllOn 0/ per
son were employ..s ot !he Adult Oriented Busir,ess at the time the oHens" were
ccmmitted
(Q) A ii~s.. or an employee has knowingly allowed any aOl 01. sexual Intilcourse,
sedom, oral copulation or masturbation to occur in or OJ'! tne licensed premises,
, -
FEE-28-2002 13:26
LEAGUE OF MN CITIES
P.34./34
.
-~
LMe
ClassifIcation
Municipality
r-~ ofMi..- C/...
0i1/ftK plO",ol;,., ..Jm(j/ll
I
I1ate
Research and I,,/orltUltiol! &:rvic.e
Subdivision 3, AnnA~ls. The fact fl1at a COl'wietion Is being appealed shall hav" ne effeC'l on
the revocation ot thelleense, ,"
Subdlviiion 4, ;;.n"n~ons SeCtiOn 12. Subdivision 2(g}, dces net apply, \0 edull motels as a
greUr'ld for ,evoking the license unless 1M Iic~m~ or employeeknowil1gly allowed lhe eel of sex-
I.IaJ Int",rcourse, sodcmy. oral copLletion, ma81urbaticn, or sexual con~cl to occur in a P\,lblic place
or within public vi<tW,
Subdivision 6. Granuna a Ilo....,sa After Ilevocatlon Wh<l!1 the City revokes a license, the
revocation 'shaY contl/lue tor one YUI and the licensee shel' not be issued an Actun OrIented
EluelnNs license tor one yu.r from the dlltll revocation became effectlv... It, sub.equent 10 r.vOCe-
11011. the City flndslhat the basis for the "'lIO<le.tlon he.s be<ln COITGejed or aoated, tho applICant may
be granted a lioenee It at least gO days nave elapsed since lh. date the revocation became effeo-
tiv.. If the license was revOked under Section 12, Subdi>lieiOl1 2~e), an applicant may nOlO. gtant-
ed eno1t1elllclme. until ltle appropriate number of y.ars required under Sootion 7, Subcilllision 3(g) i
hae elapslild. : .
Subdivision 6. ~ A revooation by the C~y onall be proceedeO oy written notice 10 lh.
licensee and a public hearing. Th" notil:e ehall give at least 10 days' notice 01 Ihe time and piaee of
the hearing and shall state \he nature of the c:hargea a\l8lnst 1M licensee, The netice may beserved
upon the Ileansee personally, or by lUlling 1M same at the licensed premises with m. person In
ohr.rge thereof
$eotian 20. Transfer of LiMn....
A liGllnse. shali not ltensler this license to another, nor 3I1all a licansee operate an Adull
Oriented Business uncier the authority of a licenae at any placa other than Ihe address designated
In the applloaUon,
a""llon 21. S"""allll~, .,' . . ". .
_ .', "", ,- .,'.",,"'," .,1... 'v 11',1.' 'I~~~~,~J,~~,:F"::,,..
, .' . ", ~. ,.: , . ' .:.....~..l'.l"
Every se<:\iOn, provision. or part of thl$ Ordinance or any permit issued to this ordin~l1c.. is
declared severable horn .....ry other section, provision, or pert thereof, td the elrtent thai if any wo-
tlon, pl'C'lleion. or part of this Ordinance or any p&rm~ issu~d pureuant to tr,'is o'din.llne. sh~l. be
Model Ordinance
LMC/CEAM Right-of-Way Ordinance
(Short Form)
City of
County, Minnesota
An ordinance to enact a new Chapter of Code of Ordinance to public
right-of-way in the public interest, and to provide for the issuance and regulation of right-of-way
permits.
THE COUNCIL OF
ORDAINS I:
Chapter _ of Code of Ordinance (hereafter "this Code"f is hereby
repealed in its entirety, and is replaced by the following new Chapter I (hereafter "this Chapter"),
to read as follows:
Sec. 1.01.
Election to Manager the Public Right-of-Way
To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its streets
and the appropriate use ofthe rights-of-way, the city strives to keep its rights-of-way in a state of
good repair and fee from unnecessary encumbrances.
Pursuant to the authority granted to the city under state and federal statutory, administrative and
common law, the city hereby elects pursuant Minn. Stat. 237.163 Subd. 2(b), to manage right-of-
way within its jurisdictions.
I Enacting clauses are different in various charter. The statutory city-enacting clause is
used here.
2In most cases, there will be ordinances or legislative codes that will need to be amended
or repealed because of inconsistency with the new regulations. One method is to repeal all those
provisions and replace them with this ordinance.
.
Sec. 1.02.
Definitions.
The following definitions apply in this chapter ofthis code. References hereafter to "sections" are
unless otherwise specified references to sections in this chapter. Defined terms remain defined
terms whether or not capitalized.
"Abandoned Facility" means a facility no longer in service of physically disconnected from a
portion of the operating facility, or from any other facility, that is in use or still carries service. A
facility is not abandoned unless declared fo by the right-of-way user.
"Applicant" means any person requesting permission to excavate or obstruct a right-of-way.
"City" means the City of , Minnesota. For purposes of section 1.28,
city means its elected officials, officers, employees and agents.
"Commission" means the State Public Utilities Commission.
:Congested Right-of-Way" means a crowded condition in the subsurface of the pubic right-of-way
that occurs when the maximum lateral spacing between existing underground facilities does not
allow for construction new underground facilities without using hand digging to expose the existing
lateral facilities in conformance with Minn. Statutes, section 216D.04 subdivision 3, over a
continuous length in excess of 500 feet.
"Degradation" means a decrease in the useful life of the right-of-way caused by excavation in or
disturbance of the right-of -way, resulting in the need to reconstruct such right-of-way earlier than
would be required if the excavation or disturbance did not occur.
"Degradation Cost" subject to Minn. Rules 7819.1100 means the cost to achieve a level of
restoration as determined by the city at the time the permit is issued, not to exceed the maximum
restoration shown in plates 1 to 13, set forth in Minn. Rules parts 7819.9900 to 7819.9950.
"Degradation Fee" means to estimated fee established at the time of permitting by the city to recover
costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and
which equals the degradation costs.
"City Inspector" means any person authorized by the city to carry out inspections related to the
provisions of this chapter.
"Delay Penalty" is the penalty imposed as a result of unreasonable delays in right-of-way excavation,
obstruction, patching, or restoration a established by permit.
"Emergency" means a condition that (I) poses a danger to life of health, or of a significant loss of
property; or (2) requires immediate repair or replacement of facilities in order to restore service to a
customer.
2
"Equipment" means any tangible asset used to install, repair, or maintain facilities in any right-of-
way.
"Excavate" means to dig into or in any way remove or physically disturb or penetrate any part of a
right-of-way.
"Excavation permit" means the permit which, pursuant to this chapter, must be obtained before a
person may excavate in a right-of-way described in such permit.
"Facility or Facilities" means any tangible asset in the right-of-way required to provide Utility
Service.
"Hole" means an excavation in the right-of-way, with the excavation having length less than the
width of the pavement.
"Management Costs" means the actual costs the city incurs in managing its right-of-way, including
such cots, if incurred, as those associated with registering applicants; issuing processing, and
verifying right-of-way permit applications, inspecting job sites and restoration projects; maintaining,
supporting, protecting, or moving user facilities during right-of-way work; determining the adequacy
of right-of-way restoration; restoring work inadequately performed after providing notice and the
opportunity to correct the work; and revoking right-of-way permits. Management costs do no
include payment by a telecommunications right-of-way User for the use of the right-of-way, the fees
and cost oflitigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123;
Minn. Statutes Sections 237.162 or 237.163 or any ordinance enacted under those sections, orth city
fees and costs related to appeals taken pursuant to Section of this chapter.
"Obstruct" means to place any tangible object in a right-of-way so as to hinder free and open passage
over that or any part of the right-of-way.
"Obstruction Permit" means the permit which, pursuant to this chapter, must be obtained before a
person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the
specified portion of that right-of-way, for the duration specified therein.
"Obstruction Permit Fee" means money paid to the city by a permittee to cover the costs as provided
in Section 1.06.
"Patch or Patching" means a method of pavement replacement that is temporary in nature. A patch
consists of (1) the compaction of the sub-base and aggregate base, and (2) the replacement, in kind
of the existing pavement for a minimum of two feet beyond the edges ofthe excavation in pavement
is included in the city's five-year project plan.
"Pavement" means any type of improved surface that is within the public right-of-way and that is
paved or otherwise constructed with bituminous, concrete, aggregate, or gravel.
"Permit" has the meaning given "right-of-way permit" in Minn. Statutes, section 237.162.
3
"Permittee" means any person to who a permit to excavate or obstruct a right-of-way has bee granted
by the city under this chapter.
"Person" means an individual or entity subject to the laws and rules ofthis state, however organized,
whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether
natural, corporate, or political.
"Registrant" means any person (I) has or seeks to have its equipment or facilities located in any
right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-way or place
its facilities or equipment in the right-of-way.
"Restore or Restoration" means the process by which an excavated right-of-way and surrounding
area, including pavement and foundation, is returned to the same condition and life expectancy that
existed before excavating.
"Restoration Costs" means the amount of money paid to the city by a permittee to achieve the level
of restoration according to plates I to 13 of Minnesota Public Utilities Commission Rules.
"Public Right-of-Way" means the area on, below, or above a public roadway, highway, street, cart-
way, bicycle lane and public side walk in which the city has an interest, including other dedicated
rights-of-way for travel purposes and utility easements of the city. A right-of-way does not include
the airwaves above a right-of-way with regard to cellular or other non-wire telecommunications or
broadcast service.
"Right-of-Way" means either the excavation permit or the obstruction permit, or both, depending on
the context, required by this chapter.
"Right-of-Way User" means (I) a telecommunications right-of-way user as defined by Minn.
Statutes, Sec. 237.162, Subd. 4; or (2) a person owning or controlling a facility in the right-of-way
that is used or intended to be used for providing utility service, and who has a right under law,
franchise, or ordinance to use the public right-of-way.
"Service of Utility Service" included (I) those services provided by a public utility as defined in
Minn. Stat. 2168.02, Subd. 4 and 6; (2) services of a telecommunications right-of-way user,
including transporting of voice or date information; (3) services of a cable communications systems
as defined in Minn. Stat. Chapter 238; (4) natural gas or electric energy or telecommunications
services provided by the city; (5) service provided by a cooperative electric association organized
under Minn. Stat., Chapter 308A; and (6) water, sewer, steam, cooling or heating services.
"Supplementary Application" means an application made to excavate or obstruct more ofthe right-
of-way than allowed in, or to extend, a permit that had already been issued.
"Temporary Surface" means the compaction of sub-base and aggregate base and replacement, in
kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except
when the replacement is of pavement including in the city's capital improvement plan, and is
4
scheduled for completion within 2 years, in which case it is considered full restoration.
"Trench" means an excavation in the pavement, with the excavation having a length equal to or
greater that the width ofthe pavement.
"Telecommunication Right-of-Way User" means a person owning or controlling a facility in the
right-of-way, or seeking to own or control a facility in the right-of-way, that is used or is intended to
be used for transporting telecommunication or other voice or date information. For purposes of this
chapter, cable communication system defined and regulated under Minn. Stat. Chapter 238, and
telecommunication activities related to providing natural gas or electric energy services whether
provided by a public utility as defined in Minn. Stat. Sec. 216B.02, a municipality, an municipal gas
or power agency organized under Minn. Stat. Chapters 453 and 453A, or a cooperative electric
association organized under Minn. Stat. Chap. 308A, are not telecommunications right-of-way users
for purposes of this chapter.
Sec. 1.03.
Permit Requirement.
Subd. 1. Permit Required. Except as otherwise provided in this code, no person may obstruct or
excavate any right-of-way without first having obtained the appropriate permit from the city.
(a) Excavation Permit. An excavation permit is required to excavated that the part ofthe
right-of-way described in such permit and to hinder free and open passage over the specified
portion of the right-of-way, to the extent and for the duration specified therein. An
obstruction permit is not required if a person already possess a valid excavation permit for
the same project.
(b) Obstruction Permit. An obstruction permit is required to hinder free and open passage
over the specified portion of right-of-way by placing equipment described therein on the
right-of-way. to the extent and for the duration specified therein. An obstruction permit is
not required if a person already possesses a valid excavation permit for the same project.
Subd. 2. Permit Extensions. No person may excavate or obstruct the right-of-way beyond the date
or dates specified in the permit unless such person (i) makes a supplementary application for another
right-of-way permit before the expiration of the initial permit. and (ii) a new permit or permit
extension is granted.
Subd.3. Delay Penalty. In accordance with Minn. Rule 7819.1000 Subd. 3 and notwithstanding
Subd. 2 ofthis section, the city shall establish and impose a delay penalty for unreasonable delays in
right-of-way excavation, obstruction. patching, or restoration. The delay penalty shall be established
from time to time by city council resolution. The delay penalty shall be established from time to
time by city council resolution.
Subd.4. Permit Display. Permits issued under this chapter shall be conspicuously displayed or
otherwise available at all times at the indicated work site and shall be available for inspection by
city.
5
Sec. 1.04. Permit Applications.
Application for permit shall contain, and will be considered complete only upon compliance with the
requirements of the following provisions:
(a) Submission of a completed permit application form, including all required attachments,
scaled drawings showing the location and area ofthe proposed project and the location of all
known existing and proposed facilities, and the following information:
(l) Each applicant's name, Gopher One-Call registration certificate number, address
and e-mail address if applicable, and telephone and facsimile numbers.
(2) The name, address and e-mail address, if applicable, and telephone and facsimile
numbers of a local representative. The local representative or designee shall be
available at all times. Current information regarding how to contact the local
representative in an emergency shall be provided at the time of registration.
(3) A certificate of insurance or self-insurance:
(I) VerifYing that an insurance policy has been issued to the permittee by an
insurance company licensed to do business in the State of Minnesota, or a
form of self insurance acceptable to the City;
(2) VerifYing that the permittee is insured against claims for personal injury,
including death, as well as claims for property damage arising out of the (i)
use and occupancy of the right-of-way by the permittee, its officers, agents,
employees and permittees, and (ii) placement and use of facilities and
equipment in the right-of-way by the permittee, its officers, agents,
employees and permittees, including, but not limited to, protection against
liability arising from completed operations, damage of under ground facilities
and collapse of property;
(3) Naming the city as an additional insured as to whom the coverages
required herein are in force and applicable and for whom defense will be
provided as to all such coverages;
(4) Requiring that the City be notified thirty (30) days in advance of
cancellation of the policy or material modification of coverage term;
(5) Indicating comprehensive liability coverage, automobile liability
coverage, workers compensation and umbrella coverage established by the
city in amounts sufficient to protect the city and the public and to carry out
the purposes and policies of this chapter.
(4) The city may require a copy of the actual insurance policies.
6
(5) If the person is a corporation, a copy of the certificate required to be filed under
Minn. Stat. 300.06 as recorded and certified to by the Secretary of State.
(6) A copy of the person's order granting a certificate of authority from the
Minnesota Public Utilities Commission or other applicable state or federal agency,
where the person is lawfully required to have such certificate from said commission
or other state or federal agency.
(b) Payment of money due the city for
(I) permit fees, estimated restoration costs and other management costs,
(2) prior obstructions or excavations;
(3) any undisputed loss, damage, or expense suffered by the city because of
applicant's prior excavations or obstructions of the right-of way or any emergency
actions taken by the city;
(4) franchise fees or other charges, if applicable.
Sec. 1.05. Issuance of permit; conditions.
Subd. 1. Permit Issuance. Ifthe applicant has satisfied the requirements of this chapter, the city
shall issue a permit.
Subd. 2. Conditions. The city may impose reasonable conditions upon the issuance of the permit
and the performance of the applicant thereunder to protect the health, safety and welfare or when
necessary to protect the right-of-way and its current use.
Sec. 1.06. Permit Fees. (Note: Sample fee schedules included in the appendix)
Subd. I. Excavation Permit Fee. The city shall establish an excavation permit fee in the amount
sufficient to recover the following costs:
(a) the city management costs.
(b) degradation costs, if applicable.
Subd. 2. Obstruction Permit Fee. The city shall establish the obstruction permit fee and shall be in
an amount sufficient to recover the city management costs.
Subd 3. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued
without payment of excavation or obstruction permit fees. The city may allow applicant to pay such
fees within thirty (30) days of billing.
Subd. 4. Non Refundable. Permit fee that were paid for a perinit that the city has revoked for a
breach as stated in Sec. 1.14 are not refundable.
7
Subd. 5. Application to Franchises. Unless otherwise agreed to in franchise, management costs
may be charged separately from and in addition to the franchise fees imposed on a right-of-way user
in the franchise.
Subd.6. All permit fees shall be established consistent with the provisions of Minn. Rule 7819.100.
Sec. 1.07. Right-oC-Way Patching and Restoration.
Subd. 1. Timing. The work to be done under the excavation permit, and the patching and
restoration of the right-of-way as required herein, must be completed within the dates specified in
the permit, increased by as many days as work could not de done because of circumstances beyond
the control of the permittee or when work was prohibited as unseasonal or unreasonable under Sec.
1.08.
Subd. 2. Patch and Restoration. Permittee shall patch its own work. The city may choose either
to have the permittee restore the right-of-way or to restore the right-of-way itself.
(a) City Restoration. If the city restores the right-of-way, permittee shall pay the costs
thereof within thirty (30) days of billing . If following such restoration, the pavement settles
due to permittee's improper backfilling, the permittee shall pay to the city, within thirty (30)
days of billing, all costs associated with having to correct the defective work.
(b) Permittee Restoration. Ifthe permittee restores the right-of-way itself, it shall at the
time of application for an excavation permit post a construction performance bond in
accordance with the provisions of Minn. Rules 7819.3000.
(c) Degradation Fee in Lieu oCRestoration. In lieu of right-of-way itself, it shall at the
time of application for an excavation permit post a construction performance bond in
accordance with the provisions of Minn. Rules 7819.3000.
Subd. 3. Standards. The permittee shall perform patching and restoration according to the
standards and with the materials specified by the city and shall comply with Minn. Rules 7819.1100.
Subd. 4. Duty to Correct Defects. The permittee shall correct defects in patching, or restoration
performed by permittee or its agents. Permittee upon notification from the city, correct all
restoration work to the extent necessary, using the method required by the city. Said work shall be
completed within five (5) calendar days of the receipt ofthe notice from the city, not including days
during which work cannot be done because of circumstances constituting force majeure or days
when work is prohibited as unseasonal or unreasonable under Sec. 1.08.
Subd. 5. Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to
the condition required by the city, or fails to satisfactorily and timely complete all restoration
required by the city, the city at its option may do such work. In that even the permittee shall pay t
the city, within thirty (30) days of billing, the cost of restoring the right-of-way. Ifpermittee fails to
pay as required, the city may exercise its rights under the construction performance bond.
8
Sec. 1.08 Supplementary Applications.
Subd. 1. Limitation on Area. A right-of-way is valid only for the area of the right-of-way specified
in the permit. No permittee may do any work outside the area specified in the permit, except as
provided herein. Any permittee which determines that an area greater than that specified in the
permit must be obstructed or excavated must before working in that greater area (i) make application
for a permit extension and pay any additional fees required thereby, and (ii) be granted a new permit
or permit extension.
Subd. 2. Limitation on Dates. A right-of-way permit is valid only for the dates specified in the
permit. No permittee may begin its work before the permit start date or, except as provided herein,
continue working after the end date. If a permittee does not finish the work by the permit end date,
it must apply for a new permit for the additional time it needs, and receive the new permit or an
extension of the old permit before working after the end date of the previous permit. This
supplementary application must be submitted before the permit end date.
Sec. 1.09. Denial of Permit.
The city may deny a permit for failure to meet the requirements and conditions of this chapter of if
the city determines that the denial is necessary to protect the health, safety, and welfare or when
necessary to protect the right-of-way and its current use.
Sec. 1.10. Installation Requirements.
The excavation, backfilling, patching and restoration, and all other work performed in the right-of-
way shall be done in conformance with Minn. Rules 7819.1100 and other applicable local
requirements, in so far as they are not inconsistent with the Minn. Stat. Sec. 237.162 and 237.163.
Sec. 1.11. Inspection.
Subd.1. Notice of Completion. When the work under any permit hereunder is completed, the
permittee shall furnish a completion certificate in accordance Minn. Rules 7819.1300.
Subd. 2. Site Inspection. Permittee shall make the work-site available to city personnel and to all
others as authorized by law for inspection at all reasonable times during the execution of and upon
completion of the work.
Subd. 3. Authority of City.
(a) At the time of inspection the city may order the immediate cessation of any work which
poses a serious threat to the life, health, safety or well being of the public.
(b) The city may issue an order to the permittee for any work which does note conform to the
terms of the permit or other applicable standards, conditions, or codes. The order shall state
the failure to correct the violation will be cause for revocation of the permit. Within ten (10)
days after issuance ofthe order, the permittee shall present proof to the city that the violation
9
has been corrected. If such proof has not been presented with the required time, the city
may revoke the permit pursuant to Sec. 1.14.
If the city becomes aware of an emergency regarding facilities, the city will attempt to
contact the local representative of each facility owner affected, or potentially affected, by the
emergency. In any event, the city may take whatever action it deems necessary to respond to
the emergency, the cost of which shall be borne by the person whose facilities occasioned
the emergency.
Subd. 2. Non-Emergency Situations. Except in an emergency, any person who, without first
having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently
obtain a permit, and as a penalty pay double the normal fee for said permit, pay double all the other
fees required by this code, deposit with the city the fees necessary to correct any damage to the
right-of-way and comply with all of the requirements of this chapter.
Sec. 1.13. Supplementary Notification.
If the obstruction or excavation of the right-of-way begins later or ends sooner that the date given on
the permit, permittee shall notify the city of the accurate information as soon as this information is
known.
Sec. 1.14. Revocation of Permits.
Subd. 1. Substantial Breach. The city reserves its right, as provided herein, to revoke any right-of-
way permit, without a fee refund, if there is a substantial breach ofthe terms and conditions of any
statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach
by permittee shall include, but shall not be limited to, the following:
(a) The violation of any material provision ofthe right-of-way permit;
(b) An evasion or attempt to evade any material provision of the right-of-way permit, or the
perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens;
(c) Any material misrepresentation of fact in the application for a right-of-way permit;
(d) The failure to complete the work in a timely manner; unless a permit extension is
obtained or unless the failure to complete work is due to reasons beyond the permittees
control; or
(e) The failure to correct, in a timely manner, work that does not conform to a condition
indicated on an order issued pursuant to Sec. 1.07.
Subd. 2. Written Notice of Breach. If the city determines that the permittee has committed a
substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition
of the permit the city shall make a written demand upon the permittee to remedy such violation. The
demand shall state that continued violations may be caused for revocation of the permit. A
10
substantial breach, as stated above, will allow the city, at its discretion, to place additional or revised
conditions on the permit to mitigate and remedy the breach.
Subd. 3. Response to Notice of Breach. Within twenty-four (24) hours of receiving notification of
the breach, permittee shall provide the city with a plan, acceptable to the city, that will cure the
breach. Permittee's failure to so contact the city, or the permittee's failure to submit an acceptable
plan, or permittee's failure to reasonable implement the approved plan, shall be cause for immediate
revocation of the permit.
Subd. 4. Reimbursement of City Costs. If a permit is revoked, the permittee shall also reimburse
the city for the city's reasonable costs, including restoration costs and the costs of collection and
reasonable attorneys' fees incurred in connection with such revocation.
Sec. 1.15. Mapping Data.
Subd. 1. Information Required. Each permittee shall provide mapping information required by the
city in accordance with Minn. Rules 7819.4000 and 7819.4100.
Sec. 1.16. Location of Facilities.
Subd.l. Placement, locations, and relocation of facilities must comply with the act, with other
applicable law, and with Minn. Rules 7819.3100, 7819.5000 and 7819.5100, to the extentthe rules
do not limit authority otherwise available to cites. (Note: Cities wishing to require the under
grounding of utilities should adopt the separate under grounding ordinance included with
appendix).
Subd. 2. Corridors. The city may assign specific corridors within the right-of-way, or any
particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to
current technology, the city expects wills someday be located within the right-of-way. All
excavation, obstruction, or other permits issued by the city involving the installation or replacement
of facilities shall designate the proper corridor for the facilities at issue.
Subd. 3. Limitation of Space. To protect health, safety, and welfare or when necessary to protect
the right-of-way and its current use, the city shall have the power to prohibit or city shall strive to
the extent possible to accommodate all existing and potential users of the right-of-way, but shall be
guided primarily by considerations ofthe public interest, the public's needs for the particular Utility
Service, the condition of the right-of-way, the time of year with respect to essential utilities, the
protection of existing facilities in the right-of-way, and future city plans for public improvements
and development projects which have been determined to be in the public interest.
Sec. 1.17. Damage to Other Facilities.
When the city does work in the right-of-way and finds it necessary to maintain, support, or move
facilities to protect it, the city shall notify the local representative as early as is reasonably possible
and placed as required. The costs associated therewith will be billed to that facility owner and must
be paid within thirty (30) days from the date of billing. Each facility owner shall be responsible for
11
the cost of repairing any facilities in the right-of-way which it or its facilities damages. Each facility
owner shall be responsible for the cost of repairing any damage to the facilities of another caused
during the city's response to an emergency occasioned by that owner's facilities.
Sec. 1.18. Right-of-Way Vacation.
Subd. 1. Reservation of Right. If the city vacates a right-of-way which contains facilities, the
owner's rights in the vacated right-of-way are governed by Minn. Rules 7819.3200.
Sec. 1.19. Indemnification and Liability.
By applying for an accepting a permit under this chapter, a permittee agrees to defend and indemnity
the city in accordance with the provisions of Minn. Rules 7819.1250.
Sec. 1.20 Abandoned Facilities.
Subd.3. Removal of Abandoued Facilities. Any person who has abandoned facilities in any right-
of-way shall remove them from that right-of-way if required in conjunction with other right-of-way
repair, excavation, or construction, unless this requirement is waived by the city.
Sec. 1.21. Appeal.
a) A right-of-way user that: (1) has been denied registration; (2) has been denied a pennit;
(3) has had permit revoked; or (4) believes that the fees imposed are invalid, may have the
denial, revocation, or fee imposition reviewed, upon written request, by the city council.
The city council shall act on a timely written request at its next regularly scheduled meeting.
A decision by the city council affirming the denial, revocation, or fee imposition will be
writing and supported by written findings establishing the reasonableness of the decision.
Sec. 1.22. Reservation of Regulatory and Police Powers.
A permittee's rights are subject to the regulatory and police powers of the city to adopt and enforce
general ordinances necessary to protect the health, safety and welfare of the public.
12
RIGHT-OF-WAY FEES & CHARGES
Cost Estimates for Fees
2. Excavation Permit Fees
a) Hole
Administration 0.25 x 40 $10.00
Verification
1) Plan Review 0.50 x 45 = 22.50
2) Inspection
a) Location before work 0.50 x 30 = 15.00
b) Compliance during work 0.50 x 30 = 15.00
c) Completion after work 0.50 x 30 = 15.00
d) Re-inspection 0.25 x 40 = 10.00
3) Testing Result Review
a) Compaction 0.083 x 40 = 3.33
b) Material 0.083 x 40 = 3.33
4) Mapping
a) Review data 0.25 x 45 = 11.25
b) Transfer to AutoCAD 0.25 x 45 = 11.25
c) Insert to overlay to tie in 0.25 x 45 = 11.25
Total Cost $127.91
Proposed Fee $125.00
B) Emergency Hole
Administration 0.25 x 40 = $10.00
Inspection after completion 1.50 x 30 = 45.00
Total Cost $55.00
Proposed Fee $55.00
13
1-
C) Trench
Administration
0.25 x
Verification
1) Plan Review
1.50 x
2) Inspecti on
a) Location before work
b) Compliance during work
c) Completion after work
d) Re-inspection
40
=
45
=
0.50 x 30 =
1.50 x 30 =
1.50 x 30 =
0.75 x 40 =
3) Testing Result Review
a) Compaction
b) Material
0.083 x
0.083 x
4) Mapping
a) Review data
b) Transfer to city mapping
(AutoCAD)
0.50 x
0.25 x
Total Cost
40
40
=
=
45
45
=
The average trench is 330 lin. ft past the width of a hole. Therefore,
the number of 100 lin. ft. (or portion thereof) units is 4. The cost per
100 lin. f1. unit is 275.40/4 = $68.85/100' unit.
Proposed Fees
2. Obstruction Permit Fee
A) Administration
B) Recording
C) Review
0.25 x
0.25 x
0.75 x
$10.00
67.50
15.00
45.00
45.00
30.00
3.33
3.33
22.25
11.25
$275.40
= $70.00/100 lin. ft.
(Plus Hole Fee)
40
40
45
=
=
$10.00
$10.00
$33.75
14
Minimum Base Coat
Proposed Base Fee
$53.75
$50.00
Plus additional fee based on length
Inspection
I) Compliance during work
2) Completion after
1.50 x
0.25 x
30
30
=
$45.00
$ 7.50
=
Additional fee on assumed 1000 lin. ft permit
Additional cost per lineal foot - $52.50/1000
=
= $52.50
0.0525
Proposed fee = $50.00 plus 0.05 lin. ft.
3. Permit Extension Fee
A) Administration 0.25 x 40 $10.00
B) Recording 0.083 x 40 = $3.33
C) Review 1.0 x 40 $40.00
Total Cost = $53.33
Proposed Fee $55.00
4. Delay Penaltv
A) Administration 1.50 x 40 = $60.00
For up to 3 days of non-completion and non-prior notice before specified completion
date.
After 3 days, an additional charge of $1 O.OO/day will be levied.
Total Penalty Charge
(Up to 3 days late)
=
$60.00
Each day late over 3 days
= $60.00
Plus to.OO/day
5. Def:radation Fee Formula
15
This formula covers degradation for depreciation caused by intrusion into the right-of-way. The
depreciation applies to the original surface ofthe right-of-way and to the overlays and seal-coats
applied to the surface. The formula includes life expectancy schedules for each and has
estimated cost per square yard based on the right-of-way surface required for different levels of
traffic. This formula creates a degradation fee which is determined by the cost per square yard
for street, overlay, and seal-coat, multiplied by the depreciation schedule, multiplied by the area
of the street patch.
Degradation Fee: (Cost per Square Yard for Street, Overlay, and Seal-coat x Depreciation
Schedule Rates) x Area of Street Patch = Degradation Fee.
16
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
FEBRUARY 5, 2002
Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly
scheduled meeting on February 5, 2002, at 6:30 p. m.
PRESENT:
John McLean
Ray DeVine
Tom Wilharber
David Kilian
Mary Jo Helmbrecht
ABSENT:
Brian Hanson.
COUNCIL:
Dick Travis
STAFF:
City Administrator, Ms. Moore-Sykes
I. CALL TO ORDER
1. Roll Call
The meeting was called to order at 6:30 p.m.
II. OATH OF OFFICE
Ms. Moore-Sykes administered the Oath of Office to Mary Jo Helmbrecht.
The Planning Commission welcomed Ms. Helmbrecht to the Commission.
III. PUBLIC HEARlNG(S)
None.
IV. APPEARANCES
1. Mr. and Mrs. Carlie Olson (Dog Kennel/Industrial District)
Mrs. Olson explained to the Commission that she is unable to proceed with her plans for
building the dog kennel until the City changes Ordinance #4 to allow for the dog kennel
in the industrial district. She then asked the Commission to consider pushing her change
through ahead of the other Ordinance #4 amendments.
Page 1 of7
Acting Chair DeVine indicated he felt that Ordinance #4 would be reviewed and
forwarded to Council at this meeting.
Commissioner Kilian commented that he felt the Commission would be able to wrap up
its changes to Ordinance #4 at this meeting and move it on to Council.
Acting Chair DeVine asked Mrs. Olson to stay until after Ordinance #4 was discussed
and that way the Commission could determine whether Ordinance #4 was ready to go to
Councilor whether the Commission needed to consider her request to push her request
through ahead of the other changes.
2. Mr. Dennis Shudy (Proposed Lot SpliUSubdivision - Sheehy Property)
Mr. Shudy addressed the Commission and indicated he intends to purchase a portion of
the Sheehy property and would like approval of a lot split. He then explained how he
intended to subdivide the property.
Commissioner Wilharber asked Mr. Shudy how he intended to access Lot B.
Mr. Shudy indicated he intended to access Lot B through an easement off of 20th A venue
and/or through an easement to the south to go in along Lot C. He then noted he would
have no problem with the City requiring a path through the property ifthe City would
like to do so.
Acting Chair DeVine indicated that the City has a policy of obtaining easements for
trail ways when doing subdivisions to allow for future trail connections. He then noted
that there was no time to notice for a public hearing and the discussion was informational
for the Commission. He further commented that he did not see a reason why the
Commission would have an issue with allowing the subdivision.
Commissioner Wilharber asked how Mr. Shudy proposed to run sewer and water to the
property. Mr. Shudy indicated there were three stubs out to 20th Avenue and explained
how he intended to use them.
Commissioner Wilharber indicated the City would need an easement where the sewer and
water run to allow for maintenance. He also commented that the City may require that
sewer and water be brought to the piece of property Mr. Sheehy intends to keep.
Acting Chair DeVine advised Mr. Shudy to keep in touch with the City Clerk to make
sure the various applications are turned in on time.
Commissioner Helmbrecht asked if the subdivision is in the flood plain.
Mr. Shudy explained that Lot C would always be in the flood plain because of the
wetlands and noted that some other areas are wet as well. He then noted that Rice Creek
Watershed and the Army Corp of Engineers would make the determination.
Page 2 on
Commissioner Wilharber asked if Mr. Shudy intended to ask the County to realign
County Ditch 55. Mr. Shudy indicated he had considered doing so but was informed that
the study, not including permits, would cost between $30,000 and $40,000.
v. OLD BUSINESS
I. Ordinance #4 Amendments
Ms. Moore-Sykes indicated that the copy of the ordinance that was provided in the
packets uses underlining for language to be added and strikethroughs for wording to be
deleted.
Acting Chair DeVine led the commission through the list of proposed changes.
Acting Chair DeVine noted that the special requirements on page 35 needed to be struck
out.
Commissioner Kilian questioned whether it made sense to add the sentence concerning
dwelling units to the M-I district. He then commented that if the language was left in the
dwelling units above the businesses in town could have outside storage.
Commissioner Wilharber indicated he did not think the City could discriminate against
those living in the units above the businesses and said he would think that the businesses
would want to keep their lots open to allow parking for customers. He then commented
that he felt it was the landlord's responsibility to determine what is allowed on the
property .
Ms. Moore-Sykes asked if adding dwelling units to the M-l District would be creating a
problem for the commercial owners if a renter discovers they can have outside storage.
Commissioner McLean indicated it was the landlord's responsibility to restrict tenants
through the lease.
Commissioner DeVine suggested changing dwelling units to dwellings.
It was the consent of the Commission to change the words dwelling units to dwellings.
Commissioner Wilharber asked Ms. Moore-Sykes to determine if the words dwelling
units are used in any other instance in the document and, if not, to delete the definition of
dwelling units because it is not needed.
Acting Chair DeVine indicated it was the Commission's intent to allow an exception to
the rule that, if your house is damaged or destroyed, it could be built closer to the lake
than allowed by Ordinance based on the average of the setbacks of the neighboring
Page 3 of7
houses. He then commented that under no circumstance would the City allow a house
closer than 50 feet to the lake.
Commissioner McLean asked Ms. Moore-Sykes to search the document to make sure that
the setback issue with regard to properties on a lake is not addressed in any other location
in the Ordinance.
Acting Chair DeVine indicated that the new requirement for site plan review gives staff
time to review the project and provide comments in the staff report before it comes to the
Planning Commission.
Commissioner McLean suggested deleting the language on Page 31 concerning permitted
principal uses. The Commission determined that the two sentences he was referring to on
Page 31 should be deleted and the words permitted uses and/or uses permitted by special
use permit should be used.
Motion bv Commission Member McLean. seconded by Commission Member
Wilharber to accept the fourth addition amendments to Ordinance #4 with the
noted chan\:es. recommend to Council approval of Ordinance #4 as amended, and
ask that Council hold the public hearing in order to speed the \lrocess alon!!.
Commissioner Wilharber suggested a friendly amendment to request that the public
hearing be held at the Council level in order to speed up the process.
Vote: All in favor. Motion carried unanimouslv.
2. Zoninl?: Map Modifications
Ms. Moore-Sykes indicated she had attended the Tri-City meeting with Hugo and Lino
Lakes and there was some discussion concerning extending the trails from the Hugo side
ofthe freeway. She then questioned whether it would be possible to connect the trails to
the C-l zoned area.
Commissioner Wilharber indicatcd there is no easement for a trail through that property.
He then indicated he was not sure why the C-I zoning was put in place but noted that
way back the City realized that there were already established homes on the property and
the City would need to condemn land or purchase easements in order to have the trail.
Commissioner Kilian commented that he did not think it made sense to have a trail
branch offfrom the main trails to travel through residents' backyards because the trail
does not go anywhere.
Commissioner Helmbrecht commented that there would be no lighting.
Commissioner Wilharber commented that he has always maintained there is a safety
issue with children with a trail next to a creek.
Page 4 of?
Acting Chair DeVine commented that, when this matter was discussed previously, there
were residents in attendance who had asked the Commission not to rezone the C- I
district.
Ms. Moore-Sykes indicated that the C-l parcels are privately owned property and, if Rice
Creek Watershed District and the DNR give authorization, the property owner has the
right to fill the property.
Commissioner DeVine indicated that Mr. Palzer had been asked to discuss the matter
with the City Attorney.
Council Liaison Travis indicated the matter was discussed briefly at the Council meeting
and the City Attorney had indicated that placing restrictive zoning on the property would
amount to a taking. He then indicated that, ifthe City wanted further information Mr.
Hoeft would need to be asked to further investigate the matter.
Commissioner DeVine indicated that a large portion of the C-l zoning is a DNR
protected wetland with the number 546W.
Commissioner McLean suggested that the property be rezoned to match the adjoining
properties that are zoned R-2.
Ms. Moore-Sykes indicated that the DNR and Rice Creek Watershed District govern
those properties because they are in the floodway.
Commissioner Helmbrecht asked how the City would control a resident putting
something in that does not require a permit, such as a fence.
Commissioner Wilharber explained that, with the new Ordinance, everything needs a site
review because the City wants to look at things to eliminate the issues with fencing in the
wrong place and that type of issue.
Commissioner Kilian suggcsted rezoning the P- I parcel near the C-] district because it is
no longer public land.
Commissioner Wilharber suggested that Staff bring it to the attention of the landowners
that the property should be rezoned because the landowners should be the ones asking
that the property be rezoned.
Commissioner Wilharber asked if Council had approved the shoreline ordinance.
Council Liaison Travis indicated Council had not approved a shoreline ordinance and
noted the Surface Water Management Plan was a draft and contained many errors.
Page 5 of7
Motion by Commission Member McLean. seconded bv Commission Member Kilian
to recommend to Council that the C-I Districts be rezoned to match the adjoining
parcels subject to approval bv the City Attornev. Aves - 4, Navs - O. Abstain -I
(Wilharber), Motion carried.
Commissioner Wilharber abstained from voting because he said he feels there had to be a
reason why the property was zoned C-I and he does not think it would have taken much
to add it to the Comprehensive Plan.
VI. NEW BUSINESS
1. Consideration of Mr. and Mrs. Carlie Olson's Request (Dog Kennel/Industrial
District).
No action was needed on this item because the Commission sent Ordinance #4 on to
Council for consideration and approval.
VII. DISCUSSION ITEMS
1. Conditional Use Permits - Containing Same in Ordinance #4
Ms. Moore-Sykes indicated she had provided information from another City concerning
the use of conditional use permits for nonconforming uses. She then commented that the
conditional use permits had not been used for accessory structures.
Commissioner Wilharber indicated he did a little driving around after that issue was
discussed and commented that there are a lot of sheds built too close to homes to meet the
current Ordinance requirements. He then commented that Mr. Michaels had called City
Hall and been told he could reconstruct his shed in the same location.
Acting Chair DeVine said he felt the City needed to be realistic and realize that Mr.
Michaels was given faulty information and the City should not make him tear down the
shed and should give him a permit to allow him to maintain it.
Commissioner Wilharber commented that the new procedures would take care of these
problems in the future.
Acting Chair DeVine explained that over the past year or so there has been a big push to
try to eliminate most, if not all, variances that the City gives out by redoing ordinances.
Commissioner Wilharber commented, unless you build a city from scratch, there will be
cases where you need to grant variances. He then said he did not think the City looked
too bad with regard to what previous Councils had approved.
Page 6 of7
2. Fence Permits - Containing Same in Ordinance #4.
Commissioner Helmbrecht asked if fees are included in the zoning permit.
Acting Chair De Vine asked if zoning permits were established as discussed.
Commissioner Wilharber asked if Mr. Palzer had provided the list of items to be included
in Ordinance #4 that will require zoning permits.
Ms. Moore-Sykes indicated she would ask Mr. Palzer for his list.
VIII. CONSIDERATION OF MINUTES
1. January 8, 2002 Meeting Minutes
Motion by Commission Member Wilharber. seconded by Commission Member
Kilian to a\lprove the January 8. 2002 Meetinl! Minutes as presented. A yes - 4.
Nays - O. Abstain -1(Helmbrecbt). Motion carried.
Commissioner Wilharber indicated he had some comments concerning the Surface Water
Management Plan and gave them to Ms. Moore-Sykes to pass along to the City Engineer.
Acting Chair DeVine asked Ms. Moore-Sykes to provide the Commission with copies of
Commissioner Wilharber's comments concerning the Surface Water Management Plan.
IX. ADJOURNMENT
Motion by Commission Member DeVine. seconded by Commission Member
Wilharber to adiourn the February 5. 2002 Planninl! Commission Meetin~ at 8:03
p.m. All in favor. Motion carried uuanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 7 of7
\",\'
Feb 12, 2002
Honorable Mayor, Council Members,
On behalf of the Ccnterville Lion's and Fete des Lac Committee, (for the record, I have
not resigned from the committee.) I would like to request that the City of Centerville
donate the button material and merchandise left from the 2001 Festival. When the FDL
committee purchased the button materials last year, enough for two years were ordered.
Thank you for your consideration of this request.
Kathy A. Peil
Mobile: (612) 366-3913
E-Mail: kathy046@aol.com
.~
Page l of 1
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Teresa Bender
------_._-,----~._-- -'---
Sue Doll [Sue'ooll@co.anoka.mn.us]
Monday, March 11,200212:07 PM
tbender@centervi/lemn.com; masleson@cl.lino-Iakes.mn.us; linwoodtownship@citlink.net;
columbustownshlp@qwest.net
Subject: Information on Upcoming Compost Bin Truckload Sale
From:
Sent:
To:
Hello everyone! It's great you all have erneil so I can send this information to you.
Attached is a fiver regarding the compost bin sale that will be in Forest Lake on April 20th from 9 to 1. A direct mail brochure will be sent to.your
residents in mid-March. Some points to remember;
1. Residents do not pay in advance
2. They preorder a bin so we have an idea of how many bins we should have on site.
3. IF yo'ur municipality wants to sell some compost bins to your residents after the truckload sale, you will need to, come to the event at the end of
the day, pick some up (there are. 18 in a pallet load- 3 rows of 6 each) and bring them back to your city hall.
4. YDU would be responsJble for having the resident write their check out for,$20 to Greenline Products.
5. The county Is maintaining a database of tl1e preorders. Have residents send their orders to us.
6. Residents can mail in an order form or order on~jjne on the counties web site.
We need volunteers to work at the event on April 20th. Would it be possible to get one person from each of your cities/townships? Please
let me know.
Contact me with any qwestions you may have at (763) 323-5734.
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