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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 1 11-25-96 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 2 11-25-96 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 3 11-25-96 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 4 11-25-96 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 6 11-25-96 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 7 11-25-96 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 8 11-25-96 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 9 11-25-96 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. 11 11-25-96 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