HomeMy WebLinkAboutNo 450 Amending the Maplewood Code by Adding Chapter 822 to Regulate Escort Services, Massage Parlors, Rap Parlors and Sauna Parlors and ServicesORDINANCE NO. 450
An ordinance amending the Maplewood Code by adding
Chapter 822 to regulate escort services, massage
parlors, rap parlors and sauna parlors and services.
SECTION 1. The Maplewood Code is hereby amended by adding hhereto Chapter 822 which
will read as follows:
822.010. PURPOSE.. The purpose of this ordinance is to regulate escort services,
massage parlors, rap parlors and sauna parlors.
822.020. DEFINITIONS. Whenever the following terms appear in this ordinance,
they shall have the meaning assigned to them in this section.
A. ESCORT. To escort accompany, or provide companionship to another person.
B. ESCORT SERVICE. Premises at or in which escort is advertised, offered, or
performed to or for members of the public or a private club.
C. MASSAGE. The method of treating the superficial parts of the human body by
rubbing, rolling, pressing, stroking, kneading, tapping, pounding, vibrating
or stimulation with the hands or any instrument for the exclusive purpose of
relaxation, physical fitness or beautification and for no other purposes.
D. MASSAGE PARLOR. Premises at or in which massage is advertised, offered, or
performed to or for members of the public or a private club.
L. OPERATE. To own, manage or conduct.
F. PERSON. Any individual, corporation, firm, partnership or association.
G. RAP. Unlimited verbal conversation in an endeavor to arrive at a mutual under-
standing or agreement on a particular subject.
U. RAP PARLOR. Premises at or in which rap is advertised, offered, or performed
to or for members of the public or a private club.
I. RECOGNIZED SCHOOL. Any school or educational institution licensed to do
business as a school or educational institution which has for its purpose
the teaching of the theory, method, profession, or work of massage, which school
required a resident course of study not less than seventy (70) hours before
the student shall be furnished with a diploma or certificate of graduation
from such school or institute of learning following the successful completion
of such course of study or learning.
J. SAUNA. Means and includes a steam bath or heat bathing room or quarters used
for the purpose of bathing, relaxation or reducing agent.
K. SAUNA PARLOR. Premises at or in which sauna is advertised, offered, or per-
formed to or for members of the public or private club.
822.030. LICENSE REQUIRED. It shall be unlawful for any person, directly or indirect-
ly, upon any pretense or by any device, within the City, to operate or perform any
service in conjunction with the operation of an escort service, massage parlor, rap
parlor, or sauna parlor for which any charge or fee is made or any money or thing of
value is solicited or received without being licensed therefor by the City except
the license requirements herein shall not apply to the practice of medicine, surgery,
osteopathy, ciropractic, physical therapy, or podiatry by persons duly licensed or
registered in this state to practice medicine, surgery, osteopathy, chiropractic,
physical therapy, or podiatry, and nurses who work solely under the direction of any
such person, nor to barbers and beauticians who are duly licensed under the laws of
this State, except that this exemption shall apply solely to the massaging of the neck,
face, scalp, and hair of the cusotmer or client for cosmetic or beautifying purposes.
822.031. BUSINESS LICENSE. No escort service, massage parlor, rap parlor or sauna
parlor shall be operated within the City unless such business is currently licensed
in accordance with the provisions of this ordinance. A separate license shall be
required for each place conducted, operated, or maintained by any person engaged in
the licensed business.
833.032. PERSONAL SERVICE LICENSE. No person shall perform or provide any service
in conjunction with the operation of an escort service, massage parlor, rap parlor,
or sauna parlor within the City unless such person is currently licensed in accordance
with the provisions of this ordinance.
822.033. A license shall terminate on the last day of the calendar year during
which such license was issued.
822.034. The license fees shall be established by resolution and shall not be
prorated.
822.035. The license fee shall be paid when the application is submittdd and no
fee shall be refunded.
822.036. No license shall be transferred to any other person or premises.
822.037. Applicant for a license must be at least twenty-one (21) years of age.
821.040. APPLICATION. An application for a license shall be made to the City
Manager or to a person designated by the City Manager on a form supplied by the City
and shall contain the following information. Any falsification of information on the
application shall be cause for denial, suspension, or revocation of said license.
622.041. BUSINESS LICENSE. Every application for a license under this Chapter
shall be filed with the City Clerk. Each application shall be made on a form supplied
by the City and shall contain the following information:
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; the true name, place and date of birth,
street resident address and phone number of the applicant; whether the applicant
is a citizen of the United States; whether the applicant has ever used or has
been known by a name other than the true name, and if so, what was such name
or names and information concerning dates and places where used; the name of
the business if it is to be conducted under a designation, name, or style other
than the full individual name of the applicant, and in such a case, a copy of
the certification as required by M.S.A. Chapter 333, certified by the Clerk of
the District Court shall be attached to the application; the street addresses
at which applicant has lived during the preceding five years; the kind, name,
and location of every business or occupation the applicant has been engaged in
during the preceding five years; whether the applicant has ever been convicted
of any felony, crime, or violation of any ordinance other than traffic ordinances,
and if so, the applicant shall furnish information as to the time, place, and
offense for which convictions were had; the physical description of the applicant;
whether the applicant has any training or experience in providing the type of
service for which the license is requested; and the same information shall be
required of the manager.
G. If the applicant is a partnership; the names and addresses of all partners
and all information concerning each partner and the manager as is required
of an individual applicant in subparagraph B above; the name of the managing
partner(s) and the interest of each partner in the business; 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 the
provisions of M.S.A. Chapter 333, a copy of such certificate, certified by the
Clerk of District Court shall be attached.
D. If the applicant is a corporation or other organization; the name and if in-
corporated, the state of incorporation; a true copy of the Certificate of
Incorporation, Articles of Incorporation of Association Agreement, and by-laws
shall be attached to the application, and if a foreign corporation, a Certificate
of Authority, as described in M.S.A. Chapter 303 shall be attached; the name of
the manager and all information concerning said person as is required by sub-
paragraph B above; a list of all parties who control or own an interest in
excess of five percent in such corporation or organization or who are officers
of the corporation or organization and all information concerning said persorjs)
as is required by subparagraph B above.
L. Whether the applicant is licensed in other communities; and if so, where.
F. The names of those individuals to be licensed and working for the applicant who
may work in the City of Maplewood.
G. Whether the applicant has previously been denied a license to conduct the type
of business for which a license is requested.
If. The names, residences, and business addresses of three residents of Ramsey County
of good moral character, not related to the applicant or financially interested
in the premises or business who may be referred to as to the applicant's and/or
manager's character.
I. I. Description and address of the premises for which the license is requested.
J. If the applicant is a natural person, one front face photograph of the applicant
taken within thirty (30) days of the date of application at least two (2) by
two (2) inches and a complete set of applicant's fingerprints which shall be
taken by the Director of Public Safety; if the applicant is a partnership,
corporation, or other organization, one front face photograph of each partner
and managing agent taken within thrity (3U) days of the date of application at
least two (2) by two (2) inches and a complete set of applicant's fingerprints
which shall be taken by the Director of Public Safety.
K. Such other information as the City Council may require.
822.042. PERSONAL SERVICE LICENSE. All the information required under section
822.041, subparagrpphs B, E, G, H, J and K shall be required of applicant for a per-
sonal service license.
822.U43. VERIFICATION RhgUIRLD. The application shall be signed and sworn to by
the applicant. If the applicant is a natural person, the application shall be signed
and sworn to be such person; if the applicant is a corporation, the application shall
be signed and sworn to by an officer of the corporation; if the applicant is a partner-
ship, the application shall be signed and sworn to by one of the partners; and if the
applicant is an unincorporated association, the application shall be signed and sworn
to by the manager or managing officer thereof. The application shall be verified by
a duly authorized notary of the public.
822.U50. INVESTIGATION FEE. At the time of submission of an application for a
license, applicant shall pay in full an investigation fee of $3UO. No investigation
fee shall be refunded. The investigation fee may be waived in case of renewal.
822.060. CONDITIONS OF LICENSE. No license shall be issued, renewed, or continue
in effect unless there is compliance with the minimum conditions and requirements as
set forth herein. Failuce to maintain compliance shall be cause for denial, suspension
or revocation of said license.
822.061. CONSTRUCTION REQUIREMENTS.
A. Janitor closets shall be provided for the storate of cleaning supplies. Such
closet shall be equipped with a mop sink and shall have mechanical ventilation
with ten cfm per square foot of floor space.
B. Restrooms shall be provided with mechanical ventilation and two cfm per square
foot of floor area, a washing sink equipped with hot and cold running water
under pressure, and a sanitary towel dispenser and soap dispenser.
C. Individual lockers shall be provided for the use of patrons with separate keys
for locking.
D. Rooms in the licensed premises including but not limited to the sauna room,
massage rooms, restrooms, janitors closet, hallways and reception area shall
be illuminated with not less than 3U foot candles of illumination.
E. Massage parlors and sauna parlors shall be constructed of material which is
impervious to moisture, bacteria, mold, and fungus growth. The floor -to -wall
and wall-to-wall joints shall be constructed to provide a sanitary cover with
a minimum radius of one inch.
F. The doors to the sauna and the individual massage or rap rooms shall not be
equipped with any locking device and shall not be blocked or obstructed from
either side.
822.062. MAINTENANCE REQUIREMENTS.
A. Hand washing sinks, urinals, floors, walls, and equipment shall be kept in a
state of good repair and maintained in a clean, sanitary condition at all times.
B. Sanitary hand cleaning agents, sanitary towels and toilet tissue shall be pro-
vided at all times.
C. Adequate refuse receptables shall be provided and shall be emptied as required.
D. Linens and other materials shall be stored at least 12 inches off the floor.
E. Clean towels and washcloths shall be made available for each customer in
massage parlors and sauna parlors.
822.063. ZONING REQUIREMEiiTS. In the development and execution of this ordinance,
it is recognized that there are some uses which, because of their very nature, are
recognized as having serious objectionable operational characteristics, particularly
when several of these uses are coucentrated under certain circumstances thereby having
a deleterious effect upon the adjacent areas. Special regulation of these uses is
necessary to insure that these adverse effects will not contribute to the blighting or
downgrading of the surrounding neighborhood.
82"2.063.
A. A business license shall be issued only for property zoned business -commercial
provided that such use is not detrimental to existing and future development.
B. No escort service, massage parlor, rap parlor, or sauna parlor shall be
operated within twenty-six hundred (2600) feet of any other escort service,
massage parlor, rap parlor or sauna parlor.
OW C. 6o escort service, massage parlor, rap parlor, or sauna parlor shall be operated
within twenty-six hundred (2600) feet of any residentially zoned district, a
church, a nursery, elementary, junior high or high school, or any establishment
frequented by juveniles.
822.U64. No license shall be issued to an applicant who is (a) under twenty-one
years of age, (b) an alien, or (c) has been convicted of any crime which involves
moral turpitude or which relates directly to such personts ability, capacity of fitness
to perform the duties and discharge the responsibilities of the licensed activity, or
(d) within five years prior to the date of application has had a similar license re-
voked, denied or suspended.
822.065. No licensed premises shall be open between the hours of lU P.M. and 8
A.M. of the following day, and no business shall be operated on Sunday.
822.066. The business licensee shall at all times be responsible for the safety
and operation of the licensed business and premises and shall furnish the City Manager
with a list of current employees, said list shall include the name, address, date of
birth, and any other requested information for each employee. Only those persons
included on the list of current employees may be employed on the licensed premises.
822.068. No person shall solicit business in any public place or in any licensed
liquor establishment.
822.068. No person who has been issued a personal service license shall solicit
business or offer or agree to perform any licensed service to any member of the public
who is of the opposite sex, except that this section shall not apply to any person who
has a personal service escort license when said person is performing that licensed
service.
822.069. CLOTHING REQUIRLMLNTS. Any person who shall receive the services licen-
sed herein shall at all times have the sexual or genital parts, or any portion thereof,
covered with a nontransparent covering; and any person who shall have a personal
service license shall at all times while in the employ thereof have the upper and
lower parts of the body completely covered with a uoutraasparent covering.
822.070. BUSINESS MANAGER. A manager must be assigned for the licensed premises
and said manager must have a valid personal service license for that type of service,
and no manager shall be employed iii any other like business. The business licensee
shall designate a person as manager and the manager shall be responsible for the con-
duct of the business until another suitable person has been designated in writing by
the licensee. The licensee shall promptly notify the City Manager in writing of
any changes, said notice indicating the name and address of the new manager and the
effective date of such change.
822.080. TRAINING REtjUIREMENT. Applicant for a personal service massage license
shall furnish a deploma or certificate of graducatioa from a recognized school.
822.090. ISSUANCE OF LICENSE.
A. BUSINESS LICENSE. No business license shall be issued except pursuant to
Council resolution, after a hearing, declaring that public convenience and
necessity require the proposed business. Council declaration of public con-
vience and necessity shall not be necessary for the renewal of an existing
business license, provideu that failure to apply for renewal at least thirty
(30) days before the expiration of the existing license shall be considered an
abandonment of the right to renewal and a Council hearing may be ordered. The
Council may grant or deny any license request in its discretion.
B. PERSONAL SERVICE LICENSE. Applications shall be forwarded to the Director
of Public Safety and to such other City officials as the City Manager may
deem necessary. At the earliest practicable time thereafter, the City Manager
shall issue or deny the request for a license.
C. RIGHT OF APPEAL. The decision of the City Manager may be appealed to the City
Council if such appeal is made in writing within ten (1U) working days following
the date of issuance or denial of the license. When appealed, the City Council
may set aside the decision of the City Manager.
822.1UU. RIGHT OF INSPECTION. Applicants and licensees shall allow a proper
official of the City to inspect and periodically examine the premises for the purpose
of ascertaiuing that said premises conform to all requirements and regulations pertain-
ing to health, fire, sanitatiou, and to ensure the preservation of the good order and
peace of the City. Any refusal on the part of the applicant or licensee to allow
such inspection or examination shall be deemed as sufficient grounds upon which the
City Manager may deny, suspend, or revoke a license.
822.11U. DISPLAY OF LICENSE:. While in force, a business license shall be posted
in a conspicuous place on the licensed premises. A personal service license shall be
carried by the licensee on their person and the licensee shall present said license
for inspection when so requested by a proper official of the City.
822.120. PHYSICAL COJTACT. ivo person shall, while on the licensed premises, place
his or her hand or hands upon or touch with any part of his or her body or fondle
in any manner a sexual or genital part of any other person.
822.130. MINIMUM AGR. No person under the age of eighteen (18) years of age
shall be permitted at any time on the licensed premises as a customer or guest unless
accompanied by a parent or guardian.
822.140. LIQUOR 014 DRRMISRS. No non -intoxicating or intoxication liquors shall
be allowed on any licensed premises at any time.
822.150. INSURANCE REQUIRED. Each applicant for a business license shall file
with the City a public liability insurance policy, insuring the applicant against any
and all loss arising out of the use, operation, or maintenance of the place of business.
The policy of insurance shall be in the limits of not less than on hundred thousand
dollars ($100,000.00) for injury or loss to one person; three hundred thousand dollars
($300,000.00) for each occurrence; and twenty-five thousand dollars ($25,UOO.UO)
property damage. No cancellation of any p&lacy shall be valid except upon thirty
(3U) days prior written notice to the City Manager. Failure to keep in force and effect
the insurance required shall be grounds for revocation of the license.
b22.160. RIGHT OF DENIAL. No license shall be granted or reeewed on any premises
on which taxes, assessment, or other financial claims of the City, County, or State
are due, delinquent, or unpaid. In the event an action has been commenced prusuant to
the provisions of Mn Statutes Chapter 278, questiouing the amount of validity of taxes,
the Council way, on appeal by the applicant, waive strict compliance with this provis-
ion; no waiver may be granted however, for taxes or any portion thereof which remain
unpaid for a period exceeding one year after becoming due.
822.170. SUSPENSION AND RLVOCATION OF LICENSE. A license may be revoked by the
Council for cause pursuant to a hearing. Such hearing to be held after five (5) days
notice to the licensee. A license may be suspended temporarily by the City Manager
and suspension shall continue until otherwise ordered by the Council providing that
the charges of the City Manager be delivered in writing to the licensee and that the
Council afford the licensee a hearing at its first scheduled meeting immediately follow-
ing the suspension order. Upon hearing, the Council may continue the suspension for
a specific period or may terminate same or may continue the license in effect based
upon any additional terms, conditions, and stipulations which the Council may in its
sole discretion impose.
822.180. iso business license shall solicit business or offer or agree to perform
any licensed service nor shall licensed employees of the business licensee solicit
business or offer or agree to perform any licensed service within the City while the
business licensee is under suspension or revocation.
822.190. No person who has been issued a personal service license shall solicit
business or offer or agree to perform any licensed service within the City when the
license of said person has been suspended or revoked.
Section 2. This Ordinance shall take effect and be in force froza and after its
passage and publication as provided by law.
Passed by the City Council of the City
of Maplewood, Minnesota, this 3rd day of August4�978,
Attests r
v
Ayes - 5
Cleft Nays - 0
AFFIDAVIT OF PUBLICATION
,S#tt#$ of fflinnesuzx
County of Ramsey
........IST e. - -The-040M...La.lJ.ie ................ being duly sworn, on oath says
he is and during all the times herein stated has been the ... ASS i,St4a.nt.. P.Ub),jl 5.h?rX....................
.... � I ... I ..................... I ............... publisher and printer of the newspaper known as Maplewood Review,
and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the
English language in newspaper format and in column and sheet form equivalent in printed space to at
least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week.
(3) Said newspaper has 50 percent of its news columns devoted to news of local interest to the com-
munity which it purports to serve and does not wholly duplicate any other publication and is not made
up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near
the municipality which it purports to serve, has at least 500 copies regularly delivered to paying
subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than
three months in arrears and has entry as second class matter in its local Dost office, (5) Said newspaper
Purports to serve the Village of Maplewood In the County of Ramsey and it has its known office
of issue in the Village of North St. Paul in said county, established and open during its regular
business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the publisher of said newspaper or persons in his employ and subject to his direction and
control during all such regular business hours at which said newspaper is printed. (6) Said news
paper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has
complied with all the foregoing conditions for at least two years preceding the day or dates of publi-
cation mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior
to January 1, 1966, and each January 1 thereafter an affidavit in the form prescribed by the Secretary
of State and signed by the publisher and sworn to before a notary public stating that the newspaper is
a legal newspaper.
He further states on oath that the printed ............ Qrdiz?an.pv. 1`!0.,...450
..................................................... I.... hereto attached as a part hereof was cut from the columns
of said newspaper, and was printed and published therein in the English language, once each week, for
One . successive weeks; that it was first so published on Wednesday the 7.'..
Au ust
day of ......................................... g.......................... of 19. �.-and was thereafter printed and pub
fished on every Wednesday to and including Wednesday the .................. day of
................................................. 19.... and that the following is a printed copy of the lowercase alphabet
from A to Z, both Inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghi(klmnopgrstuvwxyz
abed Pf gh i jklm nnnnrct i nzmayZ
........r.. ....... ...... ...................... .............................cf
Subscribed and sworn to before me this . . . v j' . day of ...AU_9USt , ty70
Notarypubltc......N&Wry.PUblie, Ramsey,�aunty, nMinnesota
Y'Oomm(ssion Expires Sept 6 1978
My Commission Expires.......................................7............ 19....
publ
ORDINANCE NO.4,ip
An "Rance amending the Maplewood Cade by adding
Chapter 822 to regulate escort services: message
Parlors, rap parlors and sauna parlors and services.
SECTION 1. The Maplewood Code is hereby amended
by adding thereto Chapter 822 which will read as
follows
822.010. PURPOSE. The purpose of this ordinance is
to regulate escort services, massage parlors, rap
sariors and sauna parlors. -
822.020. DEFINITIONS. Whenever the following
terms appear in this ordinance, they shall have the
meaning assigned to them in this section.
A. ESCORT. To escort accompany, to provide corn..
pani9riSMp to another person.
8, ESCORT SERVICE. Premises at or in which escort
Is adveftised, offered, Or performed 10 or for members
of the public or a private club.
C MASSAGE. The method of treating the superficial
Parts of the human body by rubbing, rolling, pressing,
stroking, kneading, tapping, pounding, vibrating or
stimulation with the hands or any instrument for The
exclusive purpose of relaxation, physicen fitness or
beautification and for no other purpose.
0. MASSAGE PARLOR. Premises at or rr which
mOssage is advertised, offered, or performed to or or
mer -i Of the Public or a private club.
E. OPERATE. To own, manage or conduct.
F, PERSON. Any individual, corporation, firm,
Partnership Or association,
G. RAP. Unlimited verbal conversation in an en
deavor 10 arrive at a mutual understanding or
agreement on a particular subject.
H, RAP PARLOR. Premises at or in which rap is
advert'Sea
offered, or Performed to or for ^±embers of
the public or a private club.
1. RECOGNIZED SCHOOL. Any School Or educational
institution licensed to do business as a school or
educational institution which has for its Durppse the
teaching of the theory, method, profession, or work W
massage, which school requires a resident :burse of
study not less than seventy (70) hours before the Student
Shall be furnished with a diploma Or certificate Of
gradua!iCn from Such School or institute or learning
wlbwing the Successful completion of such course of
study or learning.
J. SAUNA. Means and includes a steam bath or heat
bathing room or quarters used for the purpose of
bathing, relaxation or reducing agent.
K. SAUNA PARLOR. Premises at or in which sauna is
advertised,^ Offered, or performed to or for members of
c y.v „
a22.030 �LICENySE�R EQUIRED. it shall be unlawful
for any person, directly or indirectly, upon any pretense
or by any device, within the City, to operate or perform
any service in conjunction with the operation of an
escort service, massage parlor, rap parlor, or sauna
parlor for which any charge or fee is made or any
money Or thing of value is solicited or received without
being licensed therefor by the City except the license
requirements herein shall not apply to the practice of
medicine, surgery, osteopathy, chiropractic, physical
therapy, or podiatry by persons duly licensed or
registered in this state to practice medicine, surgery -
Osteopathy, chiropractic, physical therapy, or podiatry,
and nurses who work solely under the direction of any
such person, nor to barbers and beauticians who are
duly licensed under the laws of this State, except that
exemption shall apply solely to the massagingof the
neck, face, scalp, and hair of the customer or client for
cosmetic or beautifying purposes.
822.031. BUSINESS LICENSE. No escort service,
massage parlor, rap parlor or sauna par3x shah be
Operated within the City unless such business is
^.urretf y licensed in accordance with the vovistorts of
encs prdi;,ari A Separate license shall be required ler
each place conducted, operated, Or maintained by any
person engaged in the licensed business.
822.032. PERSONAL SERVICE LICENSE.. No person
shall perform or provide any service in conjunction with
the operation of an escort service, massage parlor: rap
Parlor or sauna parlor within the City t>dless such
person is currently licensed in accordance with the
Provisions of this ordinance.
822.033 A license shall terminate on the last day of the
calendar year during which such license was issued.
822.03: The -license fees shall be established by
resotuiron and shall not be prorated.
922.035. The license fee shall be paid when the ap-
01!cation is submitted and no fee shall be refunded.
822.436. No license shall be transferred to any other
person or premises,
822.037. Applicant for a license must be at least
twenty One (21) years of age.
822.040. APPLICATION. An application for a i -cense,
shall be made to the City Manager or to a person
designated by the City Manager on a form supplied by
the City and shall contain the following Irformatidn.
Any talsification of information on the application shelf
oe cause for denial, suspension, or revocation of said
license.
822.041. BUSINESS LICENSE. Every app! catio:t for
a license under this Chapter shall be filed with the C'tv
Clerk. Each application shall be made On a form 5a
plied by the City and shall contain the foiidwing in-
'Ormaiton:
A Whether the applicant is a natural, person, a cor.
ooration, a partnership, or other form of organisation
B. If the applicant is a natural person; the true name,
Place and date of birth, street resident address and
Phone number of the apps icant; whether the appiicant is
a Citizen Of the United States; whether the applicant Inas
ever used Or has been known by a name Other than the
true name, and if so, what was such name or names and
informal On concerning dates and places where used;
'he nae of the business if it is to be conducted under a
;lesigna'!on, name, or styleOther than the full individual
name of the applicant, and in such acase, a copy of the
certification as required by M.S.A. Chapter 333, cer
tified by the Clerk of the District Court shall be attached
to the application; the street addresses at which the
applicant has lived during the preceding five years; the
kind, name, and location of every business or oc-
cupation the applicant has been engaged in during the
Preceding five years; whether the applicant has ever
been convicted of any felony, crime, or violation of any
ordinance other than traffic ordinances, and if so, the
applicant Shall furnish information as to the time, place,
and Offense for Which convictions were had; the
Physical description of the applicant; whether the
applicant has any training or experience in crcvidinq
the type of service for which the license i5 requested;
and the same information shall be required of the
manager.
C notices
C. If the applicant is a partnership; the names and
addresses of al I partners and al I information concerning
each partner and The manager as is required of an in-
dividual applicant in subparagraph B above; the name
of the managing partners) and the interest of each
partner in the business; 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 r;ame under the provisions of M.S.A. Chapter 333,
a copy of such certificate, certified by the Clerk of
District Court shall be attached.
0. If the applicant is a corporation or other
Organisation; the name and if incorporated, Phe .state of
incorporation: a true copy of the Certificate Of In-
corporation, Articles of Incorporation of Association
Agreement, and by-laws shall be attached to the ap-
plication,
pplication, and if a foreign corporation, a Certificate of
,Authority, as described in M.S.A. Chapter 303 shall be
attached; the name of the manager and all information
concerning said person as is required by subparagraph
9 above; a list of all parties who control Or own ar Iin.
terest in excess of five percent in such corporation or
organization or who are officers of the corporation or
orga- nation and all information concerning said
oersor s) as is required by subparagraph 8 above.
E. Whether the applicant is licensed in other com
-Tunnies; and if so, where.
F. The names Of those individuals to be licensed and
*0,-k -(I for the applicant who may work in the City of
Maplewood.
G. Whether the applicant has previously been denied
a license to conduct the type of business for which a
,icense is requested.
H- The names, residences, and business addresses of
three residents of Ramsey County of good moral
character, not related to the applicantor financia)ty
interested in the premises or business who may be
referred to as to the applicant's and -or manager's
character.
t. Description and address of the premises for which
the license is requested.
J, If the applicant is a natural person, one front face
Photograph of the applicant taken within thirty (30)
days of ihedate of application at least two (2) by two (2)
inches and a complete set of applicant's fingerprints
which Shall be taken by the Director of Public Safety; If
the applicant is a partnership, corporation, or other
organization, one front face photograph of each partner
and managing agent taken within thirty (30) days of the
dateof application at least two (2) by two (2) inches and
a complete set of applicant's fingerprints which Shall be
taken by the Director of Public Safety.
K. Such other information as the City Council may
require.
822.042. PERJui r ti,VICE LICENSE. All the
information required under section 822.041, sub-
paragraphs B, E, G, H, J and K shall be required of
applicant for a personal service license.
822.043. VERIFICATION REQUIRED. The ap-
plication shall be signed and sworn to by the applicant.
If the applicant is a natural person, the application shall
be 5,gned and sworn to be such person; if the appl icant
is a corporation, the application shall be signed and
Sworn t0 by an officer of the corporation; it the ao
plicant is a partnership, the application shalt be signed
and sworn to by one of the partners: and if the applicant
is a: unincorporated association, the applica::yn shall
be signed and sworn to by the manager or managing
officer thereof. The application shall be verified by a
duly authorized notary of the public.
822.0.50. INVESTIGATION FEE. At the time of sub-
mission of an application for a license, app,icant shaft
pay in, !ull an investigation fee of M. No investigation
fee shall be refunded. The investigation fee may be
waived in case of renewal.
822.060. CONDITIONS OF LICENSE. No license shall
be issued, renewed, or continue in effect unless there is
compl,ance with the minimum conditions alto
requirements as set forth herein. Failure m maintaln
compttance shall be Cause for denial, suspension or
revocation of said license.
922.061. CONSTRUCTION REQUIREMENTS.
A. Janitor Closets shall be provided for the Storage Ot
cleaning supplies. Such closet shall be equipped wirh a
mop s -ink and shall have mechanical ventilation with ter.
cfm p['; Square foot of floor space.
B Restrooms shall be provided with mechanical
ventilation and two cfm per square foot of floor area, a
washing sink equipped with hot and cold runnitxf water
under pressure, and a sanitary towel dispenser and Soap
dispenser.
C. individual lockers shall be provided for the use of
patrons with separate keys for locking.
D. Rooms in the licensed premises including but not
limited to the sauna room, massage rooms, ,, estrooms.
janitor's closet, hallways and reception area shall be
illuminated with not less than 30 foot candles of
illumination.
E. Massage parlors and sauna parlors shall be con
structed of material which impervious to moisture.
bacteria, moldand fungus growth. The floor-to-wal!
Arid wait -to -wall joints shall be constructed to provide a
sanitary cover with a minimum radius of One inch.
or rF The doors to the sauna and the individual massage
ap rooms shall not be equipped with any locking
device and shall not be blocked or obstructed from
either side.
822062. MAINTENANCE REQUIREMENTS.
A. Hand washing sinks, urinals, floors, walls, and
equipment shall be kept in a state of good repair and
maintained in a clean, sanitary condition at all times.
@. Sanitary hand Cleaning agents, sanitary towels and
toilet tissue shall be provided at all times.
C. Adequate refuse receptables shall be provided and
shall be emptied as required.
D Linens and other materials shall be stored at least
12 inches off the floor.
E. Clean towels and washcloths shall be made
available for each customer in massage parlors and
sauna parlors.
822.063. ZONING REQUIREMENTS. In the
development and execution of this ordinance, it �s
recognized that there are some uses which, because of
their very nature, are recognized as having serious
objectionable operational characteristics, particular)y
when several of these uses are concentrated under
certain circumstances thereby having a deleterious
effee" upon the adjacent areas. Special regulation of
hhese uses is necessary to insure that these adverse
effects will not contribute to the blighting or
downgrading of the surrounding neighborhood,
822.063.
A. A business license shall be issued only for properhi
Ioned business -commerical provided that such use s
not detrimental to existing and future deve�obment.
B. No escort service, massage parlor, rap par tor. Or
sauna parlor shall be operated within twerr six hun-
dred (2600) feet of any other escort service: massage
parlor, rap parlor or sauna parlor.
C, No escort service, massage parlor, rap parloir, or
sauna parlor shall be operated within twenty-six hur,
dred (2600) feet of any residentially zoned district., a
church, a nursery, elementary, junior hip" of high
school, or any establishment frequented by juveniles.
822.064. No license shall be issued loan applicant who
is (a) under twenty one years of age, (b) an ailed, or 'c)
has been convicted of any crime which involves mora)
turpitude or which relates directly to succi person's
ability, capacity of fitness to perform the duties and
discharge the responsibilities of the licensesactivity. or
(d) within five years prior to the date of application has
had a similar license revoked, denied or suspended.
822.065. No licensed premises shall be open between
the hours of 10 p.m. and 8 a.m. of the following day, and
red business shall be operated on Sunday.
822.066. The business licensee shall at all times be
responsible for the safety and operation of the licensed
business and premises and shall furnish erre City
Manager with a list of current employees, said list shatf
include the name, address, date of birth, and any other
requested information for each employee. Only mdse
persons included on the list of current employees may
be employed on the licensed premises.
822.067. No person shall solicit business in any public
,lace or in any licensed liquor establishment
322.068. No person who has been issued at personal
service license shall solicit business or offer or agree t0
perform any licensed service to any member of fire
public who is of the opposite sex, except that this section
shall not apply to any person who has a personal service
escort license when said person is performing that
I•censed service.
322.069. CLOTHING REQUIREMENTS. Any person
wnoshall receive the service licensed herein shalt at ail
times have the sexual or genital parts, or any portion
thereof, covered with a nontransparent covering; and
arty person who shall have a personal service license
shall at all times while in the employ thereof have the
upper and lower parts of the body completely covered
with a nontransparent covering.
322.070. BUSINESS MANAGER. A manager must be
assigned for the licensed premises and said manager
Trust have a valid personal service license for that type
of service, and no manager shall be employed in any
other like business. The business licensee shall
designate a person as manager and the manage, shaft
be responsible for the conduct of the busir*Ss until
another suitable person has been designated in writing
by the licensee. The licensee shall promptly notify the
City Manager in writing of any changes, said notice
indicating the name and address of the new ?tanager
and the effective date of such change.
822.080. TRAINING REQUIREMENT. AppUcaat for a
Personal service massage license shall furnish a
diploma or certificate or graduation from a recognized
school.
822.090. ISSUANCE OF LICENSE.
A. BUST NESS LICENSE. No business license shall be
issued except pursuant to Council resolution., after a
hearing, declaring that public convenience and
necessity require the proposed business Council
declaration of public convenience and necessity shall not
be necessary for the renewal of an existing business
license, provided that failure to apply for renewal at
least thirty (30) days before the expiration of the
existing license shall be considered an abandonment of
the right to renewal and a Council hearing rnay be or-
dered. The Council may grant or deny any license
discretion.
, cyu
B. PERSONAL SERVICE LICENSE. Application
shall be forwarded to the Director of Public Safety and
to such other City officials as the City Manager may
deem necessary. At the earliest practicable time
thereafter, the City Manager shall issue or deny the
request for a license.
C. RIGHT OF APPEAL. The decision of the City
Manager may be appealed to the City Council if such
appeal is made in writing within ten (10) working days
following the date of issuance or denial of the license.
When appealed, the City Council may set aside the
decisicn of the City Manager.
822.100. RIGHT OF INSPECTION. Applicants and
licensees shall allow a proper official of the City to in-
spect and periodically examine the premises for the
purpose of ascertaining that said premises conform to
all requirements and regulations pertaining to health,
fire, sanitation, and to ensure the preservation of the
good order and peace of the City. Any refusal on the part
of the applicant or licensee to allow such inspection or
examination shall be deemed as sufficient grounds upon
which the City rVlanager may deny, suspend, or revoke a
license.
822.110. DISPLAY OF LICENSE. While in force, a
business license shall be posted in a conspicuous place
on the licensed premises. A personal service license
shall be carried by the licensee on their person and the
licensee shall present said license for inspection when
so requested by a proper official of the City.
822.120. PHYSICAL CONTACT. No person shall, while
on th-e licensed premises, place his or her hands upon or
iw?, any part of his or her body or fondle in any
^fanner asexual or genital part of any other person.
822.130. MINIMUM AGE. No person under the age of
eighteen (18) years of age shall be permitted at any
time on the licensed premises as a customer or guest
unless accompanied by a parent or guardian.
822.140. LIQUOR ON PREMISES. No non intoxicating
or intoxication liquors shall be allowed on any licensed
premises at any time.
822150. INSURANCE REQUIRED. Each applicanf
for a business license shall file with the City a public
liability insurance policy, insuring the applicant against
4ny and all loss arising Out of the use, operation, 01
ma�nfenance of the place of business. The po€icy of
insurance shall be in the limits of not less than one
hundred thousand dollars ($100,000.00) for injury or loss
b one person; three hundred thousand dollars
(3300,000.00) for eachoccurrence; and twenty.fivie
thousand dollars ($25,000.00) property damage. No
cancellation of any policy shall be valid except upon
thirty (30) days prior written notice to the City
Manager. Failure to keep in force and effect the in-
surance required shall be grounds for revocation of the
license.
822.160. RIGHT OF DENIAL. No license shall be
granted or renewed on any premise on which taxes,
assessment, or other financial claims of the City,
County, or State are due, delinquent, or unpaid. In the
event an action has been commenced pursuant to the
Prov stoirs of Mn Statutes Chapter 279, questiOnfrrg Mr
amount of validity of taxes, the Council may, on appeal
by the applicant, waive strict compliance with this
provision; no waiver maybe granted however, for taxes
or any portion thereof which remain unpaid for a period
exceeding one year after becoming due.
822.170. SUSPENSION AND REVOCATION OF
LICENSE. A license may be revoked by the Council for
cause pursuant to a hearing. Such hearing to be held
after five (5) days notice to the licensee. A license may
Cie suspended temporarily by the City Manager and
Suspension shall Continue until otherwise ordered by the
Council Providing that the Charges of the City Manager
be delivered in writing to the licensee and that the
Council afford the licensee a hearing at its first
scheduled meeting immediately following the
suspension order. Upon hearing, the Council may
continue the suspension for a soecific period or may
terminate same or may continue the license in effect
based upon any additional terms, conditions, and
stipulations which the Council may in its sole di SCretion
impose.
822.180. No business license shall solicit business or
offer or agree to perform any licensed service nor shall
licensed employees of the business licensee solicit
business or agree to perform any licensed service
within the City while the business license is under
suspensou, or revocation.
822.190. No person who has been issued a personal
service license shall solicit business or offer Or agree f0
perform any licensed service within the City when the
license of said person has been suspended or revoked.
Section 2. This Ordinance shall take effect and be in
force from and after its passage and publication as
provided by law -
Passed by the City Council of Maplewood, Minnesota,
this 3rd day of August, 1978.
.s- John C. Greavu
Mayor
Attest
-s- Lucille E. Aurelius
Clerk
Ayes — 5
Nays — 0
(Review: Aug. 30, 1978)