HomeMy WebLinkAbout11-25-1996 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, November 25,1996
Council Chambers, Municipal Building
Meeting No. 96-23
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers,
Municipal Building, and was called to order at 7:00 P.M. by Mayor Bastian.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL:
Gary W. Bastian, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
Marvin C. Koppen, Councilmember Present
George F. Rossbach, Councilmember Present
D. APPROVAL OF MINUTES:
1. Minutes of Council/Manager Meeting of November 4, 1996
Councilmember Carlson moved to approve the minutes of the November 4, 1996
Council/Manager Meeting as presented.
Seconded by Councilmember Allenspach Ayes -all
2. Minutes of Meeting 96-22 (November 12,1996)
Councilmember Rossbach moved to approve the minutes of Meeting No.96-22 (November
12, 1996) as presented.
Seconded by Councilmember Koppen Ayes -all
E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Agenda as amended:
Ll Mayor's Update
Seconded by Councilmember Koppen Ayes -all
EA. APPOINTMENTS/PRESENTATIONS
1. Proclamation: Lawrence Kaiser VFW Post 8901
a. Manager McGuire introduced the staff report
b. Mayor Bastian introduced the following Proclamation and moved its adoption:
CITY OF MAPLEWOOD
RAMSEY COUNTY, MINNESOTA
A PROCLAMATION
WHEREAS, the Lawrence Kaiser VFW Post 8901 has been an organization serving the greater
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Maplewood community since its founding by 17 members on December 16, 1956; and
WHEREAS, the Lawrence Kaiser VFW Post has historic roots in Maplewood, as it is named in
honor of a man killed in action in Belgium in World War II, the son of Joseph and Elizabeth Kaiser,
who lived in what was to become Maplewood; and
WHEREAS, the Lawrence Kaiser VFW Post has a distinguished history of service to the
Community, providing service and contributions for hospitalized veterans, for veterans and their
families in times of need, both Financially and socially; for presenting and distributing the American
flag; for sponsoring such youth activities as baseball teams and Girl Scouts; and
WHEREAS, the 110 members of the Lawrence Kaiser VFW Post will be celebrating its 50th
anniversary on Saturday, November 30, 1996, begim~ing at 6:00 P.M. at the Maplewood Moose
Lodge at 1946 English Street; and
WHEREAS, the City of Maplewood wishes to recognize civic organizations for their
contributions to the community, especially as they observe important milestones.
NOW, THEREFORE, BE IT RESOLVED, that I, Gary Bastian, as Mayor and on behalf of the
City Council, do hereby proclaim
Saturday, November 30,1996
as
LAWRENCE KAISER VFW POST 8901 DAY IN MAPLEWOOD
and encourage all residents to express their appreciation and join Commander Don Dybvig, Adjutant
Harold Prust, and the members of the Post in their celebration.
Proclaimed this 25th day of November, 1996.
Seconded by Councilmember Koppen Ayes - all
2. Resolution of Appreciation: Lester Axdahl
a. Manager McGuire introduced the staff report.
b. Mayor Bastian introduced the following Resolution and moved its adoption:
96 - 11 - 131
JOINT RESOLUTION OF APPRECIATION
WHEREAS, Lester Axdahl has been a member of the Maplewood Plam~ing Commission since
August 8, 1974 and has served faithfully in that capacity to the present time; and
WHEREAS, the Plam~ing Commission has appreciated his experience, insights and good
judgement and
WHEREAS, he has freely given of his time and energy, without compensation, for the
betterment of the City of Maplewood; and
WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his
leadership, time and effort for the benefit of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalfoftheCStyofMaplewood,
Minnesota and its citizens, that Lester Axdahl is hereby extended our heartfelt gratitude and
appreciation for his dedicated service, and we wish him continued success in the future.
Seconded by Councilmember Carlson Ayes - all
3. Suburban Area Chamber of Commerce
a. Manager McGuire introduced Kitty Rhoades of the Suburban Area Chamber of
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Commerce.
b. Ms. Rhoades gave a presentation about the Suburban Area Chamber ofCommerce andworkmg
with the City of Maplewood.
F. CONSENT AGENDA:
Councihnember Carlson moved, seconded by Mayor Bastian; ayes -all, to approve the Consent
Agenda, Items F-1 thru F-10 as recommended.
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 149,965.98 Checks #6820-#6836 Dated 11-1-96 thru 11-5-96
$ 175,294.02 Checks #28880-#28921 Dated 11-12-96
$ 158,571.56 Checks #6837-#6853 Dated 11-5-96 thru 11-13-96
$ 154,984.31 Checks #28926-#29022 Dated 11-19-96
$ 638,815.87 Total Accounts Payable
PAYROLL: $ 279,871.03 Payroll Checks and Direct Deposits Dated 11-15-96
$ 45,140.19 Payroll Deduction Checks Dated 11-15-96
$ 325,011.22 Total Payroll
S 963,R27.09 GRAND TOTAL
2. Budget Transfer -Contingency to Legal Division
Authorized a transfer of $25,000 from the Contingency Account (101-119-000-4910) to the
Legal Division (101-103-000-4480), the amount anticipated to be needed for the balance of
the year.
3. Plam~ing Commission Rules of Procedure
Approved the following Rules of Procedure for the Maplewood Plam~ing Commission:
RULES OF PROCEDURE
We, the members of the Plam~ing Commission of the City of Maplewood, Minnesota,
created pursuant to Chapter 25, as amended, of the Maplewood Code of Ordinances, do
hereby accept the following Rules of Procedure, subject to the provisions of said
ordinances, which are hereby made a part of these rules:
A. MEETINGS
1. All meetings shall be held in City Hall unless otherwise directed by the chairperson, in
which case at least 24 hours notice will be given to all members.
2. Regular meetings shall be held at 7 p.m. on the first and third Mondays ofeachmonth
If a regular meeting falls on a legal holiday, such meeting shall be rescheduled as a
special meeting, if needed.
3. Special meetings shall be held upon call by the chairperson, or in his absence, by the
vice chairperson , or by any other member with the concurrence of five other
members of the Commission. At least 48 hours notice shall be given to all members
for special meetings.
B. QUORUM
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1. A simple majority of the current membership of the Commission shall constitute a
quorum.
2. Any member having a conflict of interest shall declare the same before discussion of
the item in which he or she has a conflict. Any member who abstains from voting on a
question because of possible conflict of interest shall not be considered a member of
the Commission for determining a quorum for the consideration of that issue.
3. Approval of any motion shall require the affirmative vote of a majority of the
members present.
C. DUTIES OF CHAIRPERSON
In addition to the duties prescribed in Section 25-20 of the Code of Ordinances, the
chairperson shall appoint such standing committees and temporary committees as are
required, and such committees will be charged with the duties, examinations, investigations,
and inquiries about the subjects assigned by the chairperson. No standing or temporary
committee shall have the power to commit the Commission to the endorsement of any plan
or program without its submission to the full Commission.
D. ELECTION OF OFFICERS
1. A chairperson and vice chairperson shall be elected at the second meeting of each
calendar year and will serve until their successors have been elected.
2. In the absence of the chairperson, the vice chairperson shall perform all duties
required of the chairperson. When both the chairperson and the vice chairperson are
absent, the attending members shall elect a chairperson pro tem.
3. If the chairperson resigns from or is otherwise no longer on the plam~ing commission,
the vice chairperson shall become the acting chairperson until the plam~ing
commission can hold an election for new officers. If the vice chairperson resigns or is
otherwise no longer on the plam~ing commission, the plam~ing commission will elect a
new vice chairperson at the next possible plam~ing commission meeting.
E. REPRESENTATION AT COUNCIL MEETINGS
A representative from the Commission shall appear at each Council meeting, where a
plam~ing item is on the agenda, to present the Commission's recommendation and to
answer questions from the City Council regarding the decision. The Commission shall
adopt a rotating schedule of its members at the first meeting of each year to attend these
meetings.
F. DIRECTOR OF COMMUNITY DEVELOPMENT
In addition to carrying out the duties prescribed in Section 25-25 of the Code of
Ordinances, the director shall:
1. Prepare the agenda and minutes for each meeting of the Commission.
2. Act as technical advisor to the Commission.
3. Present written alternatives and make recommendations on matters referred to the
Commission.
4. Maintain a record of all agenda items from application to Final action by the City
Council.
G. AGENDA
1. Copies of the agenda, together with pertinent plam~ing office reports and copies ofthe
minutes of the previous meeting, shall be distributed so that the members of the
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Comnussion shall have a copy at least three days prior to the meeting concerned.
2. The agenda shall consist of the following order of business:
a. Call to Order
b. Roll Call
c. Approval of Minutes
d. Approval of Agenda
e. Public Hearings
f. Unfinished Business
g. New Business
h. Visitor Presentations
i. Commission Presentations
j. Staff Presentations
k Adjournment
3. No item which is not on the agenda shall be considered by the Commission.
H. Except as herein provided, Robert's Rules of Order, Revised and Robert's
Parliamentary Law shall be accepted as the authority on parliamentary practice.
L Amendments to the comprehensive plan shall require that the Plam~ing Commission
follow the same procedure for hearings and notices as required by Statelaw forzoning
ordinances.
J. APPOINTMENTS
Appointments to the Plam~ing Commission shall be made by the City Council, after a
recommendation from the Plam~ing Commission. The Plam~ing Commission shall
interview all candidates after a vacancy is advertised in the official newspaper and
recommend three candidates to the City Council. Selection of the candidates shall be done
by a written ballot. Each commissioner shall vote for not more than three candidates,
listing them in order of preference, and sign his or her ballot. The chairperson shall
announce the vote of each member and tally the votes, giving three points to a first choice,
two points to a second choice, and one point to a third choice. The names of the three
candidates with the highest total votes shall be submitted to the Council, in order of total
votes. The Commission shall make its recommendation based on qualifications and a
representative geographical distribution of members.
K. AMENDMENT
1. Any of these rules may be temporarily suspended by the vote oftwo-thirds majority of
the members present.
2. These Rules of Procedure may be amended at any regular meeting of the Commission
by a majority vote of the entire membership and submitted to the City Council for
approval.
L. These "Rules of Procedure" shall be reviewed by the Plam~ing Commission atthe fast
meeting of each year.
4. Sale of Used Equipment
Authorized the sale of sirens removed from squad cars and ambulances to the Forest Lake
Fire Department to use on their fire/rescue equipment.
5. Charitable Gambling Permit Renewal -Hill Murray Mother's Club
96-11-132
5 11-25-96
APPROVING CHARITABLE GAMBLING
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, thatthe
premises permit for lawful gambling is approved for Hill-Murray Mothers Club to operate
at The Live Rooster, 2026 Woodlynn Avenue, Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council requests that the Gambling
Control Division of the Minnesota Department of Gaming approve said permitapplication
as being in compliance with Minn. Statutes No. 349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling
control Division of the Minnesota Department of Gaming approve said permit application
as being in compliance with Minn. Statutes No. 349.213.
NOW, THEREFORE, BE IT FURTHER RESOLVED thatthis ResolutionbytheCSty
Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for
their approval.
6. Application for Cancellation of Ambulance Bill -Dorothy Trinka
Authorized cancellation of the remaining $104.76 balance of an ambulance bill for Dorothy
Trinka on the basis of £mancial hardship.
7. Increase in Community Development Department Service Charges
Authorized the following Community Development Department Service Charges for 1997,
and approved first reading of an Ordinance to increase the plam~ing fees.
Licenses Due January 1:
Motels:
1 - 15 Units $ 93
16 - 35 Units 126
36 - 100 Units 232
Over 100 Units 266
Special Food Handling Establishment 76
Miscellaneous Service Charges:
Woodlot Alteration Permit 13
Building Relocation 605
Moving Permit 45
Community Design Review Board:
Rl & R2 161
Other 508
Demolition Permit 54
Mobile Home Permit 34
On-Site Sewage Systems 50
Publications: (Includes Sales Tax):
Zoning Code 5
Platting Code 2
Sign Code 2
Comprehensive Plan 13
Zoning Map 2
City Map 2
Section Map 2
Plamwig Commission or
Community Design Review Board:
Minutes -Per Year 14
Agenda Packet -Per Year 97
Property Owner List 56
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8. Increase in City Clerk Department Service Charges
Authorized the following City Clerk Department Service Charges for 1997:
Alarm Installation Permit $ 42
Alarm System License -Commercial 42
Amusement Park License 289
Animal Kennels:
New License 63
Renewal License 32
Animal License (Cat & Dog) 16
Auctioneer License 81
Bench Permit:
1st Bench 52
Additional Benches 30
Block Party License 28
Carnival License 284
Catering Food Vehicle License:
1st Vehicle 97
Each Additional Vehicle 65
Fleet 258
Christmas Tree Sales License 172
Cigarette and Tobacco License 45
Coin Operated Amusement Device:
Base Fee 170
Per Device 43 Contractor's
License 97
Food Establishment License 502
Golf Course License 245
Itinerant Food Establishment License 57
Liquor License Investigation Fee 767
3.2 Beer:
Off-Sale License 47
On-Sale License 177
Motor Vehicle Repair License 119
Non-Perishable Food Vehicle License:
1st Vehicle 57
Each Additional Vehicle 33
Fleet 132
Pawn Shop/2nd Hand Dealer License 274
Pending Assessment Search 35
Personal Services:
Investigation Fee 540
License 166
Potentially Hazardous Food Vehicle License:
1st Vehicle 136
Each Additional Vehicle 65
Fleet 387
Service Station License:
1st Pump 137
Each Additional Pump 13
Sewer Connection Permit 70
Solicitor License:
Base Charge 129
Each Solicitor 45
Swimming Pool License (Commercial):
Indoor 88
Outdoor 88
Combined 119
Tavern License 44
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Taxicab License:
Base Charge 46
Each Driver 20
Temporary Food and Beer License 40
Theater License:
Indoor 174
Outdoor 424
Trailer Rental License:
1st Five Trailers 33
Each Additional Trailer 11
Truth-In-Housing Evaluators License 90
Truth-In-Housing Filing Fee 25
Used Car Dealer License 247
9. Increase in Miscellaneous Service Charges
Authorized the following Miscellaneous Service Charges for 1997:
Dog/Cat Impound Fee $ 28
False Alarm Charge 25-100*
Liquor License-Temporary On-Sale-Per Day 151
Occupancy Permit 12
Police Accident Report Copies 10
Tax-Exempt Mortgage Revenue Financing:
Commercial:
Amount Paid with Application
(non-refundable) 2,750
Base Charge of bond issue) 1%
Maximum (in addition
to application fee) 28,600*
Residential (Multiple-Family Dwellings)
Amount paid with Application
(non-refundable) 2,750
Base Charge of bond issue) 1%
Maximum (in addition
to application fee) 28,600*
Tax Increment Financing:
Application Fee non-refundable) 5,450
Temporary Gamb ' g Permit -Per Day 50*
* Set by ordinance adopted 8-28-95
* * Set by Ordinance adopted 9-10-90
* * * Set by Council on 9-23-96
10. TH61 Watermain, Project 95-17 -Change Order
Approved Change Order 1 modifying the contract for Project 95-17 to cover extra work
required due to poor soil condition and water utility requests, and adopted the following
Resolution:
96-11-133
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT -PROJECT 95-17
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 95-17, Trunk Highway 61 Water Main, Beam Avenue to County Road D and
has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and designated as
Improvement Project 95-17 Change Order One.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the Mayor and City Clerk are hereby authorized and directed to modify the
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existing contract by executing said Change Order One in the amount of $4,078.10. The revised
contract amount is $125,117.65.
The Finance Director is hereby authorized to make the Fmancial transfers necessary to
implement the Fmancing plan for the project. The project budget is increased by $5,000.00 to
$182.080.00.
G. PUBLIC HEARINGS
1. 7:00 P.M. (7:20 P.M.): Gervais Avenue, Kennard to Barclay, Project 96-02 (4 Votes)
a. Mayor Bastian convened the meeting for a public hearing regarding the proposed
reconstruction of Gervais Avenue from Barclay Street to Kennard Street.
b. Manager McGuire introduced the staff report
c. Director of Public Works Haider presented the specifics of the report
d. City Attorney Kelly explained the procedure for public hearings.
e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Jim Glander, 1572 Gervais Avenue
Bill Forsythe, 1588 Gervais Avenue
Fred Cox, 2410 Hazelwood
Jim Glander, 1572 Gervais (second appearance)
Chuck DeSolas, 2408 Barclay
Paul Berkley, 1470 Gervais
Letter from Mark Terry, 1478 Gervais (Delivered by Paul Berkley)
Vaughn Bolger, 1548 Gervais
Jim Otis, 2401 Hazelwood
Kurt Tressman, 2427 Barclay
Will Rossbach,1386 County Road C
f. Mayor Bastian closed the public hearing.
g. Councihnember Carlson moved to direct the City Engineer to proceed with the Final
plans for said project and to continue to work with the residents.
Seconded by Councihnember Koppen Ayes - all
h. Councihnember Carlson introduced the following Resolution and moved its adoption:
96-11-134
ORDERING IMPROVEMENT AFTER PUBLIC HEARING -PROJECT 96-02
WHEREAS, a Resolution of the City Council adopted the 28th day of October,1996,
fixed a date for a Council hearing on the proposed construction of street and utility
improvements on Gervais Avenue, from Barclay Street to Kennard Street, CSty Project96-
02,
AND WHEREAS, ten days mailed notice and two weeks published notice of the
hearing was given, and the hearing was duly held on November 25,1996, and the Council
has heard all persons desiring to be heard on the matter and has fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, as follows:
1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report,
that the City of Maplewood construct street and utility improvements on Gervais
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Avenue, from Barclay Street to Kennard Street, City Project 96-02.
2. Such improvement is hereby ordered as proposed in the Council Resolution adopted
the 28th day of October, 1996.
3. The City Engineer is designated engineer for this improvement and is hereby directed
to prepare Final plans and specifications for the malting of said improvement.
4. The Finance Director is hereby authorized to make the Fmancial transfers necessary to
implement the Fmancing plan for the project. A project budget of $633,640 shall be
established. The proposed Fmancing plans is as follows:
Assessments $ 190,080
State aid 443,560
Total $ 633,640
Seconded by Councihnember Koppen Ayes - all
2. 7:15 P.M.: Plam~ing Commission Code Change (1st Reading)
a. Mayor Bastian convened the meeting for a public hearing regarding changes to the
City Code relative to the Plam~ing Commission.
b. Manager McGuire introduced the staff report
c. Director of Community Development Coleman presented the specifics of the report
d. Commissioner Will Rossbach presented the Plam~ing Commission report
e. Mayor Bastian opened the public hearing, calling for proponents or opponents. No
one appeared.
f. Mayor Bastian closed the public hearing.
g. Councihnember Koppen moved to approve first reading of an Ordinance to change
the size of the Plam~ing Commission and to update the code language about the
Plamwig Commission.
Seconded by Councihnember Allenspach Ayes - Mayor Bastian, Councihnembers
Allenspach, Carlson, Koppen
Nays - Councihnember Rossbach
H. AWARD OF BIDS
NONE
I. UNFINISHED BUSINESS
1. Ice Arena Financing
a. Manager McGuire introduced the staff report
b. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. No one appeared.
c. Councihnember Koppen moved to appropriate funding for the Ice Arena from the
undesignated balance in the General Fund.
Seconded by Councihnember Allenspach Ayes - Councihnembers Allenspach,
Koppen, Rossbach
Nays - Mayor Bastian, Councihnember
10 11-25-96
Carlson
2. Bradley-Kingston Watermain, Project 96-16
a. Manager McGuire introduced the staff report
b. Director of Public Works Haider presented the specifics of the report
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No
one appeared.
d. Councihnember Rossbach moved to not accept the public water main project for
future consideration, and to direct staff to inform the residents of the decision and
encourage them to pursue well replacement as needed.
Seconded by Councihnember Koppen Ayes - all
3. Personal Services Ordinance Revisions - 2nd Reading
a. Manager McGuire introduced the staff report
b. Acting Chief of Police Ryan presented the specifics of the report
c. Councihnember Allenspach introduced the following Ordinance for second reading and moved
its adoption:
ORDINANCE NO. 765
PERSONAL SERVICE
Chapter 24
PERSONAL SERVICE
Art. L In General, 33 24-1 B 24-9
Art. IL Escort Services
Div. 1. Operation
Div. 2. Licenses
Art. III. Saunas and Bath Houses
Div. 1. Operation
Div. 2. Licenses
Art. IV. Massage Services
Div. 1. Operation
Div. 2. Licenses
Art. V. Business Premises
ARTICLE L IN GENERAL
Sec. 24-1. Purpose of Chapter.
The purpose of this Chapter is to regulate, within the limits of the City, providers of personal services,
which include escort services, massage centers, saunas and bathhouses; and similar social, recreational, and
therapeutic activities.
The provisions of this Chapter shall not apply to the incidental provision of such services by athletic,
lodging, recreational, religious, or social organizations upon their registered premises.
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For the purpose of this Chapter, "incidental provision" shall mean that the cost of providing such
facilities, and any income generated from their use shall represent less than fifteen (15) percent of the gross
revenues generated by such organization
at such premises.
Cross reference Rules of construction and definitions generally, 3 1-41 et seq.3 24-2.
Sec. 24-2. Definitions.
The following words, terms and phrases shall have the meanings respectively ascribed to them for the
purposes of this Chapter:
Bathhouse: Premises providing members of the public or a private club with bathing and personal
cleansing facilities for hygienic, therapeutic, restorative, or social purposes on a commercial basis.
Escort: A person employed to provide companionship, attendance, or accompaniment to another for
social or recreational purposes; such employment not directly related to the health or safety of the client.
Escort Service: Premises at, or through which, escort is advertised, offered, or provided for, members of
the public or a private club. For the purpose of this Chapter, a rap parlor is classified as an on-premise escort
service.
Massage Center: Premises in, or upon which, massage is offered or performed for members ofthe public
or of a private club.
Massage Therapist: The recipient of a massage degree or certificate from a recognized schoolwho holds a
current practitioner's license for massage therapy issued pursuant to the Article III of this Chapter.
Operate: To own, manage or conduct, or to significantly participate in the ownership, management or
conduct of a business, enterprise or service regulated under this Chapter.
Outcall Service: Provision, a massage therapist of massage services at a premises other than a licensed
massage center.
Person: Any natural person, corporation, firm, partnership, or association.
Practitioner: A natural person licensed by the City to engage in the business of escort service, sauna or
bath house attendance, or massage therapy; either at a licensed premise of such service or on an outcall basis.
Rap parlor: A commercial enterprise hostingwide-ranging, on-premise verbal conversation between its
employees and members of the public or a private club.
Recognized school: With regard to a massage therapist see above), a degree or certificate-producing
massage program, approved by the State of Minnesota Higher ducation Services Office, which includes not
less than five hundred (500) hours of training in the theory, method, and techniques of massage.
Sauna: Premises providing members of the public or a private club with communal or individual dry or
moist heating facilities for therapeutic, restorative, rehabilitative, religious or social purposes on a commercial
basis. (Ord. No. 450, 3 822.020, 8-3-78)
Sauna or Bathhouse Attendant: Practitioners, licensed pursuant to Article II of this Chapter, employed
at a licensed Sauna or Bathhouse premises to assist customers in the use of the facilities. Attendant duties
involve direct customer contact and include, but are not limited to: valet and grooming service; issue of locks,
lockers, towels, and clothing containers; and operation of sauna and bath equipment.
Secs. 24-3. Violations B Penalties.
Failure to establish and maintain the premises and records required pursuant to this Chapter constitutes a
violation of this ordinance. Such violations shall be cause for suspension, revocation or non-renewal of the
premise or practitioner's license and, or, other penalties including a maximum fine of seven hundred ($700)
dollars.
12 11-25-96
Secs. 24-4 thru 24-9. Reserved.
ARTICLE IL ESCORT SERVICES
DIVISION 1: OPERATION.
Sec. 24-10. Business Office and Records
Each escort service licensed under this Article shall maintain a business office at a street address listed on
the premise license application. The address must be an actual location from which business is conducted and
not merely a post box or similar accommodation address. The name and telephone number of the operator or
manager, hours of operation of the service, and a copy of the premise license will be prominently displayed in
the business office.
Records of the escort service required by this Chapter, including a register of appointments, a roster of
escorts and photographs of escorts, shall be available at the business office for inspection by City officials
during the posted hours of operation.
The owner or operator of each escort service will also provide the Maplewood Police Departmentwith a
name and telephone number to be used for contacting the licensee or manager outside the posted hours of
operation.
Sec. 24-L1. Same B Register of Appointments.
Each escort service shall maintain a register of appointments for all licensed escorts provided by the
service. The register shall include the name and practitioner's license number of the escort; the name and
address of the client; the method of payment; the address to which the escortwas initially dispatched; and the
date, start time and duration for which service was provided. Appointments shall be registered in
chronological order by date and start time of service, and indexed by practitioner's license numbers. The
register shall include all appointments for the previous twelve months.
Sec. 24-12. Same B Roster of Escorts.
Each escort service shall maintain, at the premises of record, a roster of escorts available through the
service. The roster shall include the name, practitioner's license number, address and telephone number of
each escort, the date that the escort service began employing or referring the escort, and the date, as
applicable, that such employment or referrals ceased. The roster shall include the names of all escorts
employed or referred by the service during the preceding twelve (12) months.
Sec. 24-13. Same B Photographs of Escorts.
Each escort service shall maintain, at the premises of record, a color photograph of each escortemployed
or referred by the service. Photographs shall befall-face, not less than 22 by 22 inches, and renewed annually.
The practitioner's license number of the escort and the date the photograph was made will be indicated,
in indelible ink, on the reverse of the photo. Photographs will be retained as long as the escort is listed on the
roster described in Sec. 24-12, above.
Sec. 24-14. Premise manager.
A manager must be designated for each premises licensed under this Chapter and said manager musthave
a valid escort service practitioner's license. The premise licensee shall designate a natural person as manager,
which manager shall be responsible for the conduct of business upon and from the premises until another
natural person has been designated in writing as manager by the licensee. The premise licensee shall promptly
notify the City Manager in writing of any change of managers; said notice indicating the name and address of
the new manager and the effective date of such change. (Ord. No. 450, 3 822.070, 8-3-78)
Sec. 24-15. Prohibited activities.
Any touching, manipulation, stimulation or excitation of the sexual or genital anatomy of an escort or a
client, by or in the presence of another, during the provision of escort services, is expressly prohibited. In
addition to penalties provided elsewhere in this Chapter, a maximum £me of seven hundred ($700) dollars may
13 11-25-96
be imposed for each violation of this section. (Ord. No. 450, 3 822.120, 8-3-78)
Sec. 24-16. Prohibited solicitation of business by licensed practitioner.
No practitioner licensed under this Article shall solicit business in any public place or in any licensed
liquor establishment in the City. (Ord. No. 450, 3 822.067, 8-3-78)
Secs. 24-16. Violations B Penalties.
Violation of requirements and procedures specified in this Article shall be cause for suspension,
revocation or non-renewal of the premise or practitioner's license and, or, other penalties including a
maximum £me of seven hundred ($700) dollars.
Secs. 24-17 thru 24-19. Reserved.
DIVISION 2: LICENSES
Sec 24-20. License Fees -Generally.
The fees charged by the City for preparing, recording and issuing licenses pursuant to this Article shall be
established by resolution of the City Council. (Ord. No. 450, 3 822.034, 8-3-78)
Sec. 24-21. License Fee -Initial.
The license fee shall be paid when the application for a license under this Article is submitted and shall not
be refundable. (Ord. No. 450, 3 822.035, 8-3-78)
Sec. 24-22. Same -Investigative fee.
Upon the Filing of an application fora premise or practitioner's license under this Article, the applicant
shall pay in full any applicable investigative fee established by resolution of the City Council. Investigative fees
are non-refundable.
Investigative fees are assessed to defray the cost of background investigation of the prospective licensee
and, in the case of premise licenses, of the original designated manager thereof. No investigation is required
and no investigative fee shall be charged for routine annual renewal of licenses.
When a license has expired due to failure of the license-holder to apply for timely renewal, or where a
license has been denied or revoked by action of the City Council; the City Manager, at the recommendation of
the chief of police, may require the applicant to pay the investigative fee anew.(Ord. No. 450, 3 822.050, 8-3-78)
Sec. 24-23. Premise license required.
Except for the incidental provision of services de£med in Sec. 24-1 of this Chapter, each person, firm,
partnership, association, or corporation operating an escort service within the limits of the City must be in
possession of a current premise license for such business issued by the City.
Sec. 24-24. Premise license application -manner of submission.
An application for a premise license under this Article shall be made on forms supplied by the City for
such purpose and shall contain all information required by this Chapter. Any falsification or willful omission
of information required in the application shall be cause for denial, suspension or revocation of said license.
(Ord. No. 450, 3 822.040, 8-3-78)
Sec. 24-25. Information required -premise license application.
Each applicant for an escort service premise license shall provide the following information on the
application form:
(1) Whether the applicant is a natural person, a corporation, a partnership or other form of
organization.
14 11-25-96
(2) If the applicant is a natural person, his or her true name, place and date of birth, street residence
address and phone number; 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 his or her 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., 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 (5) years; the kind, name, and
location of every business or occupation the applicant has been engaged in during the preceding five
(5) 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;
the types and amount of relevant training and experience the applicant possesses with regard to the
operation of an escort service; and the same information shall be required of the manager.
(3) 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 paragraph (2)
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., Chapter 333, a copy of
such certificate, certified by the Clerk of the District Court shall be attached.
(4) If the applicant is a corporate or other organization, the name and, if incorporated, the state of
incorporation; a true copy of the certificate of incorporation, Articles of incorporation or association
agreement, and bylaws shall be attached to the application, and if a foreign corporation, a certificate
of authority, as described in M.S., Chapter 303, shall be attached; the name of the manager and all
information concerning said person as is required by paragraph (2) above; a list of all parties who
control or own an interest in excess of five (5) percent in such corporation or organization orwho are
officers of the corporation or organization and all information concerning said person(s) as is
required by paragraph (2) above.
(5) Whether the applicant is licensed in other communities; and if so, where.
(6) Whether the applicant has previously been denied a license to operate or provide escort services.
(7) Description and address of the premises for which the license is requested.
(8) 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 and one-half (22=) inches square and a complete set
of the applicant=s Fingerprints which shall be taken by the chief of police; if the applicant is a
partnership, corporation, or other organization, one front face photograph of each partner and
manager, taken within thirty (30) days of the date of application, at least two and one-half (22=)
inches square, and a complete set of applicants' and managers' Fingerprints which shall betaken by
the chief of police.
(9) Such other information as the City Council may require. (Ord. No. 450, 3 822.041, 8-3-78)
Sec. 24-26. Application to be verified.
The application for a premise license under this Article shall be signed and sworn to by the applicantifthe
applicant is a natural 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 partnership, the application shall be signed and sworn to by
one of the partners. The application shall be notarized by a commissioned notary public. (Ord. No. 450, 3
822.043,8-3-78)
Sec. 24-27. Issuance or denial.
No premise license shall be issued under this Article except pursuant to an approved Council resolution.
The Council may grant or deny any license requested at its discretion.
A Council resolution shall not be necessary for the routine renewal of an existing business license;
provided that, failure to apply for renewal at least thirty (30) days before the expiration of an existing license
15 11-25-96
may be considered an abandonment of this routine renewal privilege and Council approval may be required
prior to renewal is such cases. (Ord. No. 450, 3 822.090, 8-3-78)
Sec. 24-28. Conditions of premise license.
No premise license shall be issued, renewed or continued in effect under this Article, unless there is
compliance with the minimum conditions and requirements as set forth in this Chapter. Failure to maintain
compliance shall be cause for denial, suspension or revocation of said license. (Ord. No. 450, 3 822.060, 8-3-78)
Sec. 24-29. Licensing of premises when taxes, assessments, claims, etc., due, unpaid, etc., to City, county, or
state.
No license shall be granted or renewed under this Article on any premises on which taxes, assessment or
other £mancial claims of the City, county or state are due, delinquent or unpaid. In the event an action has
been commenced pursuant to the provisions of Minnesota Statutes, Chapter 278, questioning the amount or
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 thereofwhich remain unpaid for a period exceeding
one year after becoming due. (Ord. No. 450, 3 822.160, 8-3-78)
Sec. 24-30. Suspension or revocation of premise license.
A premise license issued under this Article may be revoked by the Council for cause pursuantto ahearing.
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
following 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. (Ord. No. 450, 3 822.170, 8-3-78)
Sec. 24-31. Prohibited activities when license suspended or revoked.
No premise licensee 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 premise license is under suspension or revocation under this Article. (Ord. No. 450, 3
822.180, 8-3-78)
Sec 24-32. Expiration date.
Premise licenses issued under this Division shall terminate on the last day of the calendar year in which
such license was issued. (Ord. No. 450, 3 822.033, 8-3-78)
Sec. 24-33. Transfer of premise licenses.
No premise license issued under this Article shall be transferred to any other person or premises. (Ord.
No. 450, 3 822.036, 8-3-78)
Sec. 24-34. Practitioner's License Required for Individuals.
It shall be unlawful for any natural person to engage in business as an escort, as de£med in this Chapter,
unless:
1 Such person is in possession of a current escort practitioner's license; and,
2 Such person is listed in the escort roster of at least one escort service currently licensed under Section
24-19, above.
"Engage in business", means the provision of services described in this Chapter for which any charge or
fee is made or any money or thing of value is solicited or received by the provider.
16 11-25-96
Sec. 24-35. Minimum Age Requirement.
Every applicant for a practitioner's license under this Article must be a natural person and at least
twenty-one (21) years of age. (Ord. No. 450, 3 822.037, 8-3-78)
Sec. 24-36. Disqualifications for licenses.
No practitioner's license shall be issued to any applicant who:
(1) Is under twenty-one (21) years of age;
(2) Is not a United States citizen or legal resident alien;
(3) Has, within the past five (5) years, been convicted of a felony offense, or any misdemeanor offense
involving moral turpitude, or which relates directly to such person=s ability, capacity or fitness to perform the
duties and discharge the responsibilities of the licensed activity; or
(4) Within five (5) years prior to the date of application, has had a similar license revoked, denied or
suspended. (Ord. No. 450, 3 822.064, 8-3-78)
Sec. 24-37. Filing of practitioner's license application.
Every application for an escort practitioner's license under this Article shall be Filed with the City Clerk
on a form to be provided thereby. (Ord. No. 450, 3 822.041, 8-3-78)
Sec. 24-38. Practitioner's license application -manner of submission.
An application for an escort practitioner's license under this Article shall be made on forms supplied by
the City for such purpose and shall contain all information required by this Chapter. Any falsification or
willful omission of information required in the application shall be cause for denial, suspension or revocation of
said license. (Ord. No. 450, 3 822.040, 8-3-78)
Sec. 24-39. Information required -practitioner's license application.
Each applicant for an escort practitioner's license shall provide the following information in their
application:
(1) The applicant's true name, place and date of birth, street residence address and phone number;
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 his or her true name, and if so, what was such name or names,
and information concerning dates and places where used; the street addresses atwhich applicant
has lived during the preceding five (5) years; whether the applicant has ever been convicted of
any crime and, if so, the applicant sh furnish information as to the time, place, and offense for
which convictions were had; the physical description of the applicant; and the previous training
or experience of the applicant in providing escort services.
(2) Whether the applicant is presently licensed in other communities; and if so, where.
(3) Whether the applicant has previously been denied a license to provide escort services.
(4) One front face photograph of the applicant, taken within thirty (30) days of the date of application, at
least two and one-half (22=) inches square and a complete set of the applicant=s Fingerprints
which shall be taken by the chief of police
(5) Such other information as the City Council may require. (Ord. No. 450, 3 822.041, 8-3-78.
Sec. 24-40. Application to be verified.
The application for a practitioner's license under this Article shall be signed by the applicant, in the
presence of a city employee, at the time of Filing. Applicants shall furnish satisfactory proof of identification
upon signing.
17 11-25-96
Sec. 24-41. Conditions of practitioner's license.
No practitioner's license shall be issued, renewed or continued in effect under this Article, unless there is
compliance with the minimum conditions and requirements as set forth in this Chapter. Failure to maintain
compliance shall be cause for denial, suspension or revocation of said license. (Ord. No. 450, 3 822.060, 8-3-78)
Sec. 24-42. Issuance or denial; appeal.
Applications for practitioners' licenses under this Article shall be reviewed by the chief of police and 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 based upon the recommendation of such officials.
Denial of an application by 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 denial of the license. When appealed, the City
Council may uphold or reverse the decision of the City Manager. (Ord. No. 450, 3822.090(B), (C), 8-3-78)
Sec. 24-43. Suspension or revocation of practitioner's license.
A practitioner's license issued under this Article may be suspended or revoked by the City Manager for
cause pursuant to an administrative hearing. Such hearing will be conducted by a city officer appointed for
this purpose by the City Manager and will be conducted five (5) days following the service of notice of
revocation upon the license holder.
The notice of revocation will specify the violations and causes upon which the suspension or revocation is
based and will afford the practitioner the opportunity to attend the administrative hearing. Service of the
notice may be accomplished by certified mail to the practitioner's address of record or by leaving a copy ofthe
notice with the manager of the escort service which maintains the practitioner upon it's escort roster
Sec. 24-44. Appeal of suspension or revocation.
The practitioner may appeal a license suspension or revocation during a regularly meeting of the City
Council. After reviewing the grounds for action and the results of the administrative hearing, the Council may
uphold or reverse the decision of the hearing officer and it's judgement in this matter shall be Final.
Sec. 24-45. Prohibited activities when practitioner's license suspended or revoked.
No practitioner licensed under this Article 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. (Ord. No. 450, 3
822.190, 8-3-78)
Sec. 24-46. Practitioner's license to be carried, etc.
A copy of the practitioner's license or an identification card, issued under this Chapter by the CSty, shall be
carried by the licensee at all times while so employed and licensees shall present such documents for inspection
when so requested by a proper official of the City. (Ord. No. 450, 3 822.110, 8-3-78)
Sec 24-47. Expiration date.
Practitioners' licenses issued under this Article shall terminate on the last day of the calendar year in
which such license was issued. (Ord. No. 450, 3 822.033, 8-3-78)
Secs. 24-48 thru 24-49. Reserved.
ARTICLE II. SAUNAS AND BATH HOUSES
DIVISION 1: OPERATION
Sec. 24-50. Business Office and Records
Each sauna or bathhouse premise licensed pursuant to this Article shall maintain premises atthe business
address listed on the license application. The name and telephone number of the operator or Manager, hours
of operation of the business premises and a copy of the premise license will be prominently displayed at these
premises.
18 11-25-96
Records of saunas or bathhouses required by this Article, including the roster of attendants and record of
health inspections, shall be available at the premises for inspection by City officials during the posted hours of
operation.
Sec. 24-51. Roster of Attendants.
Each sauna or bathhouse shall maintain, on the premises, a roster of attendants employed therein. The
roster shall include the name, practitioner's license number, address and telephone number of each attendant,
together with the dates that employment began and terminated. The roster shall include the names of all
attendants employed by the sauna or bathhouse during the preceding twelve (12) months.
Sec. 24-52. Record of Health Inspections.
Each sauna or bathhouse shall maintain, on the premises, a record book in which it shall document
periodic health inspections of the premises conducted by the City or it's authorized agents pursuant to this
Article.
Upon conclusion of each inspection, the inspecting official will enter into the record book the date of the
inspection, the results and recommendations of the inspection, and the inspector's signature or other official
identification.
Sec. 24-52. Premise manager.
A manager must be assigned for each premises licensed under this Chapter and said manager musthave a
valid bath house or sauna attendant practitioner's license. The premise licensee shall designate a natural
person as manager and the manager shall be responsible for the conduct of the business upon the premises
until another natural person has been designated in writing as manager by the licensee. The premise licensee
shall promptly notify the City Manager in writing of any change or managers; said notice indicating thename
and address of the new manager and the effective date of such change. (Ord. No. 450, 3 822.070, 8-3-78)
Sec. 24-53. Prohibited activities.
Any touching, manipulation, stimulation or excitation of the sexual or genital anatomy of a bathhouse or
sauna attendant or patron, by or in the presence of another, upon the licensed premises, is expressly
prohibited. In addition to penalties provided elsewhere in this Chapter, a maximum Fme of seven hundred
($700) dollars may be imposed for each violation of this section. (Ord. No. 450, 3 822.120, 8-3-78)
Sec. 24-54. Prohibited solicitation of business by licensed practitioner.
No bath house or sauna attendant licensed under this Article shall solicit business in any public place or in
any licensed liquor establishment in the City. (Ord. No. 450, 3 822.067, 8-3-78)
DIVISION 2: LICENSES
Sec 24-55. License Fees -Generally.
The fees charged by the City for preparing, recording and issuing licenses pursuant to this Article shall be
established by resolution of the City Council. (Ord. No. 450, 3 822.034, 8-3-78)
Sec. 24-56. License Fee -Initial.
The license fee shall be paid when the application for a license under this Article is submitted and shall not
be refundable. (Ord. No. 450, 3 822.035, 8-3-78)
Sec. 24-57. Same -Investigative fee.
Upon the Filing of an application for a premise or individual license under this article, the applicant shall
pay in full any applicable investigative fee established by resolution of the City Council. Investigative fees are
non-refundable.
Investigative fees are assessed to defray the cost of background investigation of the prospective licensee
and, in the case of premise licenses, of the original designated Manager thereof. No investigation is required
and no investigative fee shall be charged for routine annual renewal of licenses.
19 11-25-96
When a license has expired due to failure of the license-holder to apply for timely renewal, or where a
license has been denied or revoked by action of the City Council; the City Manager, at the recommendation of
the chief of police, may require the applicant to pay the investigative fee anew.(Ord. No. 450, 3 822.050, 8-3-78)
Sec. 24-58. Premise license required.
Except for the incidental provision of services de£med in Sec. 24-1 of this Chapter, each person, firm,
partnership, association, or corporation operating an escort service within the limits of the City must be in
possession of a current premise license for such business issued by the City.
Sec. 24-59. Premise license application -manner of submission.
An application for a premise license under this Article shall be made on forms supplied by the City for
such purpose and shall contain all information required by this Chapter. Any falsification or willful omission
of information required in the application shall be cause for denial, suspension or revocation of said license.
(Ord. No. 450, 3 822.040, 8-3-78)
Sec. 24-60. Information required -premise license application.
Each applicant for a sauna or bath house premise license shall provide the following information on the
application form:
(1) Whether the applicant is a natural person, a corporation, a partnership or other form of
organization.
(2) If the applicant is a natural person, his or her true name, place and date of birth, street residence
address and phone number; 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 his or her 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., Chapter 333, certified by the Clerk of the District Court shall be attached to the
application; the street addresses atwhich 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 (5) 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; the type and amount of training or experiencethe applicant
possesses with regard to the operation of a sauna or bath house; and the same information shall
be required of the manager.
(3) 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 paragraph
(2) 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.,
Chapter 333, a copy of such certificate, certified by the Clerk of the District Court shall be
attached.
(4) If the applicant is a corporate or other organization, the name and, if incorporated, the state of
incorporation; a true copy of the certificate of incorporation, Articles of incorporation of
association agreement, and bylaws shall be attached to the application, and if a foreign
corporation, a certificate of authority, as described in M.S., Chapter 303, shall be attached; the
name of the Manager and all information concerning said person as is required by paragraph (2
above; a list of all parties who control or own an interest in excess of five (5) percent in suc
corporation or organization or who are officers of the corporation or organization and all
information concerning said person(s) as is required by paragraph (2) above.
(5) Whether the applicant is licensed in other communities; and if so, where.
(6) Whether the applicant has previously been denied a license to operate a bath house or sauna.
20 11-25-96
(7) Description and address of the premises for which the license is requested.
(8) 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 and one-half (22=) inches square and a complete
set of the applicant=s Fingerprints which shall be taken by the chief of police; 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 date of application, at least two and one-half
(22~ inches square, and a complete set of applicant=s Fingerprints which shall betaken by the
chie of police.
(9) Such other information as the City Council may require. (Ord. No. 450, 3 822.041, 8-3-78)
Sec. 24-61. Application to be verified.
The application for a premise license under this Article shall be signed and sworn to by the appficantifthe
applicant is a natural 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 partnership, the application shall be signed and sworn to by
one of the partners. The application shall be notarized by a commissioned notary public. (Ord. No. 450, 3
822.043,8-3-78)
Sec. 24-62. Issuance or denial.
No premise license shall be issued under this Article except pursuant to an approved Council resolution.
The Council may grant or deny any license requested at its discretion.
A Council resolution shall not be necessary for the routine renewal of an existing business license;
provided that, failure to apply for renewal at least thirty (30) days before the expiration of an existing license
may be considered an abandonment of this routine renewal privilege and Council approval may be required
prior to renewal is such cases. (Ord. No. 450, 3 822.090, 8-3-78)
Sec. 24-63. Conditions of premise license.
No premise license shall be issued, renewed or continued in effect under this Article, unless there is
compliance with the minimum conditions and requirements as set forth in this Chapter. Failure to maintain
compliance shall be cause for denial, suspension or revocation of said license. (Ord. No. 450, 3 822.060, 8-3-78)
Sec. 24-64. Licensing of premises when taxes, assessments, claims, etc., due, unpaid,etc., to City, county, or
state.
No license shall be granted or renewed under this Article 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 pursuant to the provisions of Minnesota Statutes, Chapter 278, questioning the amount or
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 thereofwhich remain unpaid for a period exceeding
one year after becoming due. (Ord. No. 450, 3 822.160, 8-3-78)
Sec. 24-65. Suspension or revocation of premise license.
A premise license issued under this Article may be revoked by the Council for cause pursuantto ahearing.
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
following 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. (Ord. No. 450, 3 822.170, 8-3-78)
Sec. 24-66. Prohibited activities when license suspended or revoked.
No premise licensee shall solicit business or offer or agree to perform any licensed service, nor shall
21 11-25-96
licensed employees of the business licensee solicit business or offer or agree to perform any licensed service
within the City, while the premise license is under suspension or revocation under this Article. (Ord. No. 450, 3
822.180, 8-3-78)
Sec 24-67. Expiration date.
Premise licenses issued under this Article shall terminate on the last day of the calendar year in which
such license was issued. (Ord. No. 450, 3 822.033, 8-3-78)
Sec. 24-68. Transfer of premise licenses.
No premise license issued under this Article shall be transferred to any other person or premises. (Ord.
No. 450, 3 822.036, 8-3-78)
Sec. 24-69. Practitioner's License Required for Individuals.
It shall be unlawful for any natural person to engage in business as a sauna or bath house attendant, as
deFmed in this Chapter, unless:
(1) Such person is in possession of a current practitioner's license; and,
(2) Such person is listed in the attendants roster of at least one sauna or bath house currently licensed
under this Article.
"Engage in business", means the provision of services described in this Chapter for which any charge or
fee is made or any money or thing of value is solicited or received by the provider.
Sec. 24-70. Minimum Age Requirement.
Every applicant for a practitioner's license under this Article must be a natural person and at least
twenty-one (21) years of age. (Ord. No. 450, 3 822.037, 8-3-78)
Sec. 24-71. Disqualifications for licenses.
No practitioner's license shall be issued to any applicant who:
(1) Is under twenty-one (21) years of age;
(2) Is not a United States citizen or legal resident alien;
(3) Has, within the past five (5) years, been convicted of a felony offense, or any misdemeanor offense
involving moral turpitude, or which relates directly to such person=s ability, capacity or fitness to perform
the duties and discharge the responsibilities of the licensed activity; or
(4) Within five (5) years prior to the date of application, has had a similar license revoked, denied or
suspended. (Ord. No. 450, 3 822.064, 8-3-78)
Sec. 24-72. Filing of practitioner's license application.
Every application for a practitioner's license under this Article shall be Filed with the City Clerk on a
form to be provided thereby. (Ord. No. 450, 3 822.041, 8-3-78)
Sec. 24-73. Practitioner's license application -manner of submission.
An application for a practitioner's license under this Article shall be made on forms supplied by the City
for such purpose and shall contain all information required by this Chapter. Any falsification or willful
omission of information required in the application shall be cause for denial, suspension or revocation of said
license. (Ord. No. 450, 3 822.040, 8-3-78)
Sec. 24-74. Information required -practitioner's license application.
22 11-25-96
Each applicant for a sauna or bath house attendant practitioner's license shall provide the following
information in their application:
(1) The applicant's true name, place and date of birth, street residence address and phone number;
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 his or her true name, and if so, what was such name or names, and
information concerning dates and places where used; the street addresses at which applicant has
lived during the preceding five (5) years; whether the applicant has ever been convicted of any crime
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; and the types and amount oftraining
or experience of the applicant possesses regarding the functions of a sauna or bath house attendant.
(2) Whether the applicant is presently licensed in other communities; and if so, where.
(3) Whether the applicant has previously been denied a license to provide escort services.
(4) One front face photograph of the applicant, taken within thirty (30) days of the date of application, at
least two and one-half (22=) inches square and a complete set of the applicant=s Fingerprints which
shall be taken by the chief of police
(5) Such other information as the City Council may require. (Ord. No. 450, 3 822.041, 8-3-78.
Sec. 24-75. Application to be verified.
The application for a practitioner's license under this Article shall be signed by the applicant, in the
presence of a city employee, at the time of Filing. Applicants shall furnish satisfactory proof of identification
upon signing.
Sec. 24-76. Conditions of practitioner's license.
No practitioner's license shall be issued, renewed or continued in effect under this Article, unless there is
compliance with the minimum conditions and requirements as set forth in this Chapter. Failure to maintain
compliance shall be cause for denial, suspension or revocation of said license. (Ord. No. 450, 3 822.060, 8-3-78)
Sec. 24-77. Issuance or denial; appeal.
Applications for personal service licenses under this Article shall be reviewed by the chief of police and
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 based upon the recommendation of such officials.
Denial of an application by 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 denial of the license. When appealed, the City
Council may uphold or reverse the decision of the City Manager. (Ord. No. 450, 3822.090(B), (C), 8-3-78)
Sec. 24-78. Suspension or revocation of practitioner's license.
A practitioner's license issued under this Article may be suspended or revoked by the City Manager for
cause pursuant to an administrative hearing. Such hearing will be conducted by a city officer appointed for
this purpose by the City Manager and will be conducted five (5) days following the service of notice of
revocation upon the license holder.
The notice of revocation will specify the violations and causes upon which the suspension or revokation is
based and will afford the practitioner the opportunity to attend the administrative hearing. Service of the
notice may be accomplished by certified mail to the practitioner's address of record or by leaving a copy ofthe
notice with the manager of the escort service which maintains the practitioner upon it's escort roster
Sec. 24-79. Appeal of suspension or revocation.
The practitioner may appeal a license suspsion of revocation during a regularly meeting of the City
Council. After reviewing the grounds for action and the results of the administrative hearing, the Council may
uphold or reverse the decision of the hearing officer and it's judgement in this matter shall be Final.
23 11-25-96
Sec. 24-80. Prohibited activities when practitioner's license suspended or revoked.
No practitioner licensed under this Article 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. (Ord. No. 450, 3
822.190, 8-3-78)
Sec. 24-81. Practitoner's license to be carried, etc.
A copy of the practitioner's license or an identification card, issued under this Chapter by the City, shall
be carried by the licensee at all times while so employed and licensees shall present such documents for
inspection when so requested by a proper official of the City. (Ord. No. 450, 3 822.110, 8-3-78)
Sec 24-82. Expiration date.
Practitioner's licenses issued under this Division shall terminate on the last day of the calendar year in
which such license was issued. (Ord. No. 450, 3 822.033, 8-3-78)
Secs. 24-83 thru 24-89. Reserved.
Article III. MASSAGE CENTERS
DIVISION 1: OPERATION
Sec. 24-90. Business Office and Records
Each massage center licensed under this Article shall maintain a business office at a street address listed
on the premise license application. The address must be an actual location from which business is conducted,
and not merely a post box or similar accommodation address. The name and telephone number of the
operator or manager, hours of operation of the service, and a copy of the premise license will be prominently
displayed at the business office.
Records of the massage center required by this Article, including the roster of massage therapists,
photographs of outcall therapists and register of outcall appointments, shall be available at the premises for
inspection by City officials during the posted hours of operation.
Sec. 24-91. Roster of Massage Therapists.
Each massage center shall maintain, on the premises, a roster of massage therapists available throughthe
center. The roster shall include the name, practitioner's license number, address, and telephonenumber ofthe
therapist, the date that the massage center began representing the therapist, and the date, as applicable, that
such representation ceased. The roster shall include the names of all massage therapists represented by the
massage center during the preceding twelve (12) months.
Sec. 24-92. Register of Outcall Appointments.
Each massage center shall maintain, at the premises of record, a register of all appointments for outcall
service provided through the center. The register shall include the name and practitioner's license number of
the massage therapist, the name and address of the client, the method of payment, and the address, date and
time at which massage was provided. Appointments shall be registered in chronological order by date and time
of appointment. The register shall include all appointments for the previous twelve months.
Sec. 24-93. Photographs of Outcall Massage Therapists.
Each massage center shall maintain, at the premises of record, a color photograph of each massage
therapist available for outcall service through the center. Photographs shall befall-face, notless than 22 by 22
inches, and shall be renewed annually. The practitioner's license number of the therapist and the date the
photograph was made will be indicated in indelible ink on the reverse of the photo. Photographs will be
retained while the therapist is listed on the roster described in Sec. 24-18, above.
Sec. 24-94. Premise manager.
A manager must be assigned for each premises licensed under this Chapter and said managermusthave a
valid massage therapist practitioner's license. The premise licensee shall designate a natural person as
manager and the manager shall be responsible for the conduct of the business until another natural person has
24 11-25-96
been designated in writing as manager by the licensee. The premise licensee shall promptly notify the City
Manager in writing of any change or managers; said notice indicating the name and address of the new
manager and the effective date of such change. (Ord. No. 450, 3 822.070, 8-3-78)
Sec. 24-66. Clothing requirements.
The buttocks and genitals of all massage therapists and the breasts of female massage therapists shall
be opaquely clothed at all times during the provision of licensed services. (Ord. No. 450, 3 822.069, 8-3-78)
Sec. 24-95. Prohibited activities.
Any touching, manipulation, stimulation or excitation of the sexual or genital anatomy of a client by
a massage therapist, or of a massage therapist by a client, pursuant to the provision of massage is
expressly prohibited. In addition to penalties provided elsewhere in this Chapter, a maximum Fme of
seven hundred ($700) dollars may be imposed for each violation of this section. (Ord. No. 450, 3 822.120,
8-3-78)
Sec. 24-96. Prohibited solicitation of business by licensed practitioner.
No practitioner licensed under this Article shall solicit business in any public place or in any licensed
liquor establishment in the City. (Ord. No. 450, 3 822.067, 8-3-78)
Secs. 24-97. Violations B Penalties.
Violation of requirements and procedures specified in this Article shall be cause for suspension,
revocation or non-renewal of the remise or practitioner's license and, or, other penalties including a
maximum Fme of seven hundred ($700) dollars.
Secs. 24-98 thru 24-99. Reserved.
DIVISION 2. LICENSES
Sec 24-100. License Fees -Generally.
The fees charged by the City for preparing, recording and issuing licenses pursuant to this Article
shall be established by resolution of the City Council. (Ord. No. 450, 3 822.034, 8-3-78)
Sec. 24-101. License Fee -Initial.
The license fee shall be paid when the application for a license under this Article is submitted and shall
not be refundable. (Ord. No. 450, 3 822.035, 8-3-78)
Sec. 24-102. Same -Investigative fee.
Upon the Filing of an application fora premise or individual license under this article, the applicant shall
pay in full any applicable investigative fee established by resolution of the City Council. Investigative fees are
non-refundable.
Investigative fees are assessed to defray the cost of background investigation of the prospective licensee
and, in the case of premise licenses, of the original designated manager thereof. No investigation is required
and no investigative fee shall be charged for routine annual renewal of licenses.
When a license has expired due to failure of the license-holder to apply for timely renewal, or where a
license has been denied or revoked by action of the City Council; the City Manager, at the recommendation of
the chief of police, may require the applicant to pay the investigative fee anew.(Ord. No. 450, 3 822.050, 8-3-78)
Sec. 24-103. Premise license required.
Except for the incidental provision of services de£med in Sec. 24-1 of this Chapter, each person, firm,
partnership, association, or corporation operating a massage service within the limits of the City must be in
possession of a current premise license for such business issued by the City.
25 11-25-96
Sec. 24-104. Premise license application -manner of submission.
An application for a premise license under this Article shall be made on forms supplied by the City for
such purpose and shall contain all information required by this Chapter. Any falsification or willful omission
of information required in the application shall be cause for denial, suspension or revocation of said license.
(Ord. No. 450, 3 822.040, 8-3-78)
Sec. 24-105. Information required -premise license application.
Each applicant for an massage service premise license shall provide the following information on the
application form:
(1) Whether the applicant is a natural person, a corporation, a partnership or other form of
organization.
(2) If the applicant is a natural person, his or her true name, place and date of birth, street residence
address and phone number; 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 his or her 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., 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 (5) years; the kind, name, and
location of every business or occupation the applicant has been engaged in during the preceding five
(5) 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;
the types and amount of training possessed by the applicant relevant to the operation of a massage
center; and the same information shall be required of the manager.
(3) 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 paragraph (2)
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., Chapter 333, a copy of
such certificate, certified by the Clerk of the District Court shall be attached.
(4) If the applicant is a corporate or other organization, the name and, if incorporated, the state of
incorporation; a true copy of the certificate of incorporation, Articles of incorporation ofassociation
agreement, and bylaws shall be attached to the application, and if a foreign corporation, a certificate
of authority, as described in M.S., Chapter 303, shall be attached; the name of the manager and all
information concerning said person as is required by paragraph (2) above; a list of all parties who
control or own an interest in excess of five (5) percent in such corporation or organization orwho are
officers of the corporation or organization and all information concerning said person(s) as is
required by paragraph (2) above.
(5) Whether the applicant is licensed in other communities; and if so, where.
(6) Whether the applicant has previously been denied a license to conduct the type of business for which
a license is requested.
(7) Description and address of the premises for which the license is requested.
(8) 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 and one-half (22=) inches square and a complete set
of the applicant=s Fingerprints which shall be taken by the chief of police; 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 date of application, at least two and one-half
(22=) inches square.
(9) Such other information as the City Council may require. (Ord. No. 450, 3 822.041, 8-3-78)
26 11-25-96
Sec. 24-106. Application to be verified.
The application for a premise license under this Article shall be signed and sworn to by the applicantifthe
applicant is a natural 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 partnership, the application shall be signed and sworn to by
one of the partners. The application shall be notarized by a commissioned notary public. (Ord. No. 450, 3
822.043,8-3-78)
Sec. 24-107. Issuance or denial.
No premise license shall be issued under this Article except pursuant to an approved Council resolution.
The Council may grant or deny any license requested at its discretion.
A Council resolution shall not be necessary for the routine renewal of an existing business license;
provided that, failure to apply for renewal at least thirty (30) days before the expiration of an existing license
may be considered an abandonment of this routine renewal privilege and Council approval may be required
prior to renewal is such cases. (Ord. No. 450, 3 822.090, 8-3-78)
Sec. 24-108. Conditions of premise license.
No premise license shall be issued, renewed or continued in effect under this Article, unless there is
compliance with the minimum conditions and requirements as set forth in this Chapter. Failure to maintain
compliance shall be cause for denial, suspension or revocation of said license. (Ord. No. 450, 3 822.060, 8-3-78)
Sec. 24-109. Licensing of premises when taxes, assessments, claims, etc., due, unpaid,
etc., to City, county, or state.
No license shall be granted or renewed under this Article on any premises on which taxes, assessment or
other £mancial claims of the City, county or state are due, delinquent or unpaid. In the event an action has
been commenced pursuant to the provisions of Minnesota Statutes, Chapter 278, questioning the amount or
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 thereofwhich remain unpaid for a period exceeding
one year after becoming due. (Ord. No. 450, 3 822.160, 8-3-78)
Sec. 24-110. Suspension or revocation of premise license.
A premise license issued under this Article may be revoked by the Council for cause pursuantto ahearing.
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
following 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. (Ord. No. 450, 3 822.170, 8-3-78)
Sec. 24-111. Prohibited activities when license suspended or revoked.
No premise licensee 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 license is under suspension or revocation under this Article. (Ord. No. 450, 3
822.180, 8-3-78)
Sec 24-112. Expiration date.
Premise licenses issued under this Division shall terminate on the last day of the calendar year in which
such license was issued. (Ord. No. 450, 3 822.033, 8-3-78)
27 11-25-96
Sec. 24-113. Transfer of premise licenses.
No premise license issued under this Article shall be transferred to any other person or premises. (Ord.
No. 450, 3 822.036, 8-3-78)
Sec. 24-114. Practitioner's License Required for Individuals.
It shall be unlawful for any natural person to engage in business as a massage therapist, as de£med in this
Chapter, unless:
(1) Such person is in possession of a current practitioner's license; and,
(2) Such person is listed in the therapists' roster of at least one massage service currently licensed
under Section 24-19, above.
"Engage in business", means the provision of services described in this Chapter for which any charge or
fee is made or any money or thing of value is solicited or received by the provider.
Sec. 24-115. Minimum Age Requirement.
Every applicant for a practitioner's license under this Article must be a natural person and at least
twenty-one (21) years of age. (Ord. No. 450, 3 822.037, 8-3-78)
Sec. 24-116. Disqualifications for licenses.
No practitioner's license shall be issued to any applicant who:
(1) Is under twenty-one (21) years of age;
(2) Is not a United States citizen or legal resident alien;
(3) Has, within the past five (5) years, been convicted of a felony offense, or any misdemeanor offense
involving moral turpitude, or which relates directly to such person=s ability, capacity or fitness to perFormthe
duties and discharge the responsibilities of the
licensed activity; or
(4) Within five (5) years prior to the date of application, has had a similar license revoked, denied or
suspended. (Ord. No. 450, 3 822.064, 8-3-78)
Sec. 24-117. Filing of practitioner's license application.
Every application for a practitioner's license under this Article shall be Filed with the City Clerk on a
form to be provided thereby. (Ord. No. 450, 3 822.041, 8-3-78)
Sec. 24-118. Practitioner's license application -manner of submission.
An application for a practitioner's license under this Article shall be made on forms supplied by the City
for such purpose and shall contain all information required by this Chapter. Any falsification or willful
omission of information required in the application shall be cause for denial, suspension or revocation of said
license. (Ord. No. 450, 3 822.040, 8-3-78)
Sec. 24-119. Information required -practitioner's license application.
Each applicant for an massage therapist's practitioner's license shall provide the following informationin
their application:
(1) The applicant's true name, place and date of birth, street residence address and phone number;
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 his or her true name, and if so, what was such name or names, and
information concerning dates and places where used; the street addresses at which applicant has
lived during the preceding five (5) years; whether the applicant has ever been convicted of any crime
and, if so, the applicant shall furnish information as to the time, place, and offense for which
28 11-25-96
convictions were had; the physical description of the applicant; and the previous training or
experience of the applicant in providing massage services.
(2) Whether the applicant is presently licensed in other communities; and if so, where.
(3) Whether the applicant has previously been denied a license to provide massage services.
(4) One front face photograph of the applicant, taken within thirty (30) days of the date of application, at
least two and one-half (22=) inches square.
(5) Such other information as the City Council may require. (Ord. No. 450, 3 822.041, 8-3-78.
Sec. 24-120. Educational requirements of applicants.
Every applicant for a massage therapist practitioner's license under this Article shall furnish a certified
copy of their diploma or certificate of graduation from a recognized school. (Ord. No. 450, 3 822.080, 8-3-78)
Sec. 24-121. Application to be verified.
The application for a practitioner's license under this Article shall be signed by the applicant, in the
presence of a city employee, at the time of Filing. Applicants shall furnish satisfactory proof of identification
upon signing.
Sec. 24-122. Conditions of practitioner's license.
No practitioner's license shall be issued, renewed or continued in effect under this Article, unless there is
compliance with the minimum conditions and requirements as set forth in this Chapter. Failure to maintain
compliance shall be cause for denial, suspension or revocation of said license. (Ord. No. 450, 3 822.060, 8-3-78)
Sec. 24-123. Issuance or denial; appeal.
Applications for personal service licenses under this Article shall be reviewed by the chief of police and
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 based upon the recommendation of such officials.
Denial of an application by 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 denial of the license. When appealed, the City
Council may uphold or reverse the decision of the City Manager. (Ord. No. 450, 3822.090(B), (C), 8-3-78)
Sec. 24-124. Suspension or revocation of practitioner's license.
A practitioner's license issued under this Article may be suspended or revoked by the City Manager for
cause pursuant to an administrative hearing. Such hearing will be conducted by a city officer appointed for
this purpose by the City Manager and will be conducted five (5) days following the service of notice of
revocation upon the license holder.
The notice of revocation will specify the violations and causes upon which the suspension or revocation is
based and will afford the practitioner the opportunity to attend the administrative hearing. Service of the
notice may be accomplished by certified mail to the practitioner's address of record or by leaving a copy ofthe
notice with the manager of the massage service which maintains the practitioner upon it's roster of therapists.
Sec. 24-125. Appeal of suspension or revocation.
The practitioner may appeal a license suspension or revocation during a regularly meeting of the City
Council. After reviewing the grounds for action and the results of the administrative hearing, the Council may
uphold or reverse the decision of the hearing officer and it's judgement in this matter shall be £mal.
Sec. 24-126. Prohibited activities when practitioner's license suspended or revoked.
No practitioner licensed under this Article 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. (Ord. No. 450, 3
822.190, 8-3-78)
Sec. 24-127. Practitioner's license to be carried, etc.
29 11-25-96
A copy of the practitioner's license or an identification card, issued under this Chapter by the City, shall
be carried by the licensee at all times while so employed and licensees shall present such documents for
inspection when so requested by a proper official of the City. (Ord. No. 450, 3 822.110, 8-3-78)
Sec 24-128. Expiration date.
Practitioner's licenses issued under this Article shall terminate on the last day of the calendar year in
which such license was issued. (Ord. No. 450, 3 822.033, 8-3-78)
Sec. 24-129. Reserved.
Article IV. LICENSED PREMISES
Sec. 24-130. Construction requirements.
All premises licensed under this Chapter shall meet the following construction requirements:
(1) Mechanical ventilation, lighting, and sanitary fixtures for closets, restrooms, offices,ti+eah~~R
areas and public areas shall conform the codes established by the American Society of Heating,
Refrigeration and Air Conditioning Engineers andbythe Uniform Building
Codes.
(2) Individual lockers shall be provided or the use of patrons with separate keys forloch~g.
(3) The doors to saunas and individual massage rooms shall not be equipped with any locking device and
shall not be blocked or obstructed from either side. (Ord. No. 450, 3 822.061, 8-3-78)
Sec. 24-131. Maintenance requirements.
All premises licensed under this Chapter shall meet the following maintenance requirements:
(1) Handwashing 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.
(2) Sanitary hand cleaning agents, sanitary towels and toilet tissue shall be provided at all times.
(3) Adequate refuse receptacles shall be provided and shall be emptied as required.
(4) Linens and other materials shall be stored at least twelve (12) inches off the floor.
(5) Clean towels and washcloths shall be made available for each customer in massage centers
sauna, and bathhouses. (Ord. No. 450, 3 822.062, 8-3-78)
Sec. 24-132. Zoning requirements.
In the development and execution of this Chapter, 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 concentrated 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. Therefore, all premises
licensed under this Chapter shall meet the following zoning requirements in addition to any others that may
otherwise be provided for by this Code and other ordinances of this City:
(1) A business license shall be issued under this Chapter only for property zoned business-
commercial; provided that, such use is not detrimental to existing and future development.
(2) No escort service, massage center, sauna, or bathhouse shall be operated within twenty-six
hundred (2,600) feet of any other escort service, massage center, sauna or bathhouse.
(3) No escort service, massage center, sauna, or bathhouse shall be operated within twenty-six
hundred (2,600) feet of any residentially zoned district, a church, a nursery, an elementary,
junior high or high school or any establishment frequented by juveniles. (Ord. No. 450, 3
822.063,8-3-78)
30 11-25-96
Sec. 24-133. Closing hours.
No premises licensed under this Chapter shall be open between the hours of 10:00 p.m. and 7:00 a.m. of
the following day, and no business shall be operated on Sunday. (Ord. No. 450, 3 822.063, 8-3-78)
Sec. 24-134. Inspections of premises.
All applicants and licensees under this Chapter shall allow a proper official of the City to inspect and
periodically examine the premises for the purpose of ascertaining that said premises conform to all
requirements and regulations pertaining to health, fire and 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 Manager may deny, suspend or
revoke a license. (Ord. No. 450, 3 822.100, 8-3-78)
Sec. 24-135. Minimum age requirement for presence on premises, exception.
No person under the age of eighteen (18) years shall be permitted at any time on the premises licensed
under this Chapter as a customer or guest, unless accompanied by a parent or guardian. (Ord. No. 450, 3
822.130, 8-3-78)
Sec. 24-136. Alcoholic beverages on premises.
No alcoholic beverages shall be allowed on any premises licensed under this Chapter
at any time. (Ord. No. 450, 3 822.140, 8-3-78)
Cross reference --Alcoholic beverages generally, Ch. 5.
Secs. 24-137. Violations B Penalties.
Violation of requirements and procedures specified in this Article shall be cause for suspension,
revocation ornon-renewal of the business premise or personal service license and, or, other penalties including
a maximum £me of seven hundred ($700) dollars.
Seconded by Councilmember Koppen Ayes - Councilmembers Allenspach,
Carlson, Koppen, Rossbach
Nays - Mayor Bastian
4. Driveway Variance, 2345 Maryland Ave. E
a. Manager McGuire introduced the staff report
b. Director of Public Works Haider presented the specifics of the report
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following persons were heard:
John Wykoff, 2345 Maryland Avenue E
Al Johnson, 2335 Maryland Avenue E
d. Councilmember Rossbach moved to recommend a variance of 2 feet, leaving a 10-
foot driveway parallel to the 24-foot house and a distance of 15 feet to the North
and to the South, a 3-foot setback in the vicinity of the house and a 5-foot setback
everywhere else, with no restriction on the width of the driveway. In the area
where the 3-foot setback exists there shall be sod or vegetation.
Seconded by Councilmember Koppen Ayes - Councilmembers Allenspach,
Koppen, Rossbach
31 11-25-96
Nays - Mayor Bastian, Councihnember
Carlson
J. NEW BUSINESS
1. Amusement City Review (1870 Rice Street)
a. Manager McGuire introduced the staff report
b. Director of Community Development Coleman presented the specifics of the
report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter.
The following persons were heard:
Carolyn Wilkerson, 1879 Jackson
Jerry Anderson, Amusement City driving range manager
d. Councihnember Koppen moved to set a public hearing to formally review the
Conditional Use Permit to determine whether there are valid safety issues which
should result in amending or revoking the permit.
Seconded by Councihnember Carlson Ayes - all
2. Garbage and Refuse Code Change (First Reading)
a. Manager McGuire introduced the staff report.
b. Assistant City Manager Dawson presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. No one appeared.
d. Councihnember Koppen moved to approve first reading of an ordinance about
garbage and refuse in Chapter 16 of the City Code.
Seconded by Councihnember Carlson Ayes - all
3. Phalen Chain of Lakes Watershed Project
a. Manager McGuire introduced the staff report.
b. Assistant City Manager Dawson presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter.
The following persons were heard:
Sherri Buss, Phalen Chain of Lakes Watershed Project
Will Rossbach, Plam~ing Commission
NO MOTION WAS MADE
K. VISITOR PRESENTATIONS
NONE
32 11-25-96
L. COUNCIL PRESENTATIONS
1. Mayor's Update
a. Mayor Bastian informed the Council of various upcoming events and meetings,
M. ADMINISTRATIVE PRESENTATIONS
NONE
N. ADJOURNMENT OF MEETING
9:59 P.M.
Karen Guilfoile, City Clerk
33 11-25-96