HomeMy WebLinkAbout05-20-1996 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, May 20, 1996
Council Chambers, Municipal Building
Meeting No. 96.10
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 Workshop of May 6, 1996
Councilmember Rossbach moved to approve the minutes of Council/Manager
Workshop of Mav 6 1996 as presented.
Seconded by Councilmember Allenspach Ayes - all
2. Minutes of Executive Session, 6:00 P.M. May 13, 1996
Councilmember Carlson moved to approve the minutes of the Executive Session
of 6.00 P M. Mav 13. 1996 as presented.
Seconded by Councilmember Rossbach Ayes - all
3. Minutes of Special Meeting 96-09S, (May 13, 1996)
Councilmember Rossbach moved to approve the minutes of Special Meeting No.
96-09S (Mav 13. 1996) as presented.
Seconded by Councilmember Koppen -Ayes - all
4. Minutes of Meeting 96-09, (May 13, 1996)
Councilmember Rossbach moved to approve the minutes of Meeting No. 96.09
(Mav 13 1996) as eresented.
Seconded by Councilmember Carlson Ayes - all
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E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Agenda as amended: ,
L1 Housing Redevelopment Fund
L2 Mayor's Update
J2 Water Construction Project
Seconded by Councilmember Allenspach Ayes - all
EA. APPOINTMENTS/PRESENTATIONS
ITEM 2 HEARD BEFORE ITEM 1
2. Parks & Recreation Commission Appointment
a. Manager McGuire presented the staff report.
b. Councilmember Allenspach moved to~aoint Lori Mullin to serve on the
Parks & Recreation Commission filling the remaining term of Cathv
Tollefson.
Seconded by Councilmember Koppen Ayes - all
1. 1996 Legislative Session Wrap-up
Representatives Betty McCollum and Mindy Greiling, and Senator John
Marty presented an overview of the legislative session and thanked
the citizens for their support.
F. CONSENT AGENDA:
Councilmember Koppen moved seconded by Councilmember koppen: aves - all, to
drove the Consent Agenda. Items F1 thru F3. as recommended:
1. Approval of Claims
Approved the following claims:.
ACCOUNTS PAYABLE: $ 182,263.40 Checks #6346 #6365 Dated 5-2-96 thru 5-8-96
$ 258.979.62 Checks #25547 - #25660 Dated 5-14.96
$ 441.243.02 GRAND TOTAL
2. Conditional Use Permit Review - Amusement City. 1870 Rice Street
Reviewed and renewed the conditional use permit allowing a golf driving
range at Amusement City. 1870 Rice Street. The permit will be reviewed
again in one year.
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3. Authorize Agreement for Computer and Telephone Maintenance Services
Authorized an agreement with Specialty Underwriters Group to consolidate
existing maintenance agreements with three vendors who provide computer and
telephone equipment support.
G. PUBLIC HEARINGS
1. 7:15 P.M. (7:25 P.M.): Truth-in-Housing Code Change (First Reading) (3 Votes)
a. Mayor Bastian convened the meeting for a public hearing regarding a
proposed Truth-in-Housing Code Amendment.
b. Manager McGuire presented the staff report.
c. Director of Cormnunity Development Coleman presented the specifics of the
report.
e. City Attorney Kelly explained the procedure for public hearings.
_ f. Mayor Bastian opened the public hearing, calling for proponents or
opponents. No one appeared.
g. Mayor Bastian closed the public hearing.
h. Councilmember Carlson moved to approve first reading of an ordinance
amending the existing Truth-In-Housing Code as it pertains to licensing
of evaluators.
Seconded by Councilmember Koppen Ayes - all
H. AWARD OF BIDS
1. Bellaire Avenue, Beam to Lydia, Project 95-18
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider stated that the North St. Paul City
Council had voted against the project.
c. Mayor Bastian moved to table this item amending further action by North
St. Paul.
Seconded by Councilmember Allenspach Ayes - all
I. UNFINISHED BUSINESS
1. Consideration of Appeals: TH61 Water Main, Project 95-17
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
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c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. No one appeared.
d. Councilmember Carlson moved to accept staff recommendation that the
assessment against the Mogren property remain as originally stated.
Seconded by Councilmember Allenspach Ayes Councilmembers Allenspach,
Carlson
Nays - Mayor Bastian, Councilmembers
Koppen, Rossbach
MOTION FAILED
e. Councilmember Rossbach moved to cancel the assessment against the Mogren
property.
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Koppen, Rossbach
Nays - Councilmembers Allenspach,
Carlson
f. Councilmember Koppen moved to direct staff to provide Council with a
review of the policy regarding cash connection charges and suggestions
for possible changes.
Seconded by Mayor Bastian Ayes - all
g. Councilmember Carlson moved to authorize a cash connection charge in the
amount of $62 per front foot for the area included in Pro.iect 95-17.
Seconded by Councilmember Allenspach Ayes - Mayor .Bastian, Councilmembers
Allenspach, Carlson, Koppen
Nays - Councilmember Rossbach
2. Conditional Use Permit Review - Menard's (2280 Maplewood Drive)
a. Manager McGuire presented 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 was heard:
Paul Mahler, Attorney, Menard's Property Division
Deb Forbes, 1071 County Road B East
d. Mayor Bastian moved to table this Conditional Use Permit Review until
staff meets with Citgo. Menard's and the neighbors.
Seconded by Councilmember Carlson Ayes - all
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3. Century Avenue North of Highwood, Sanitary Sewer, Project 95-11
Schedule Public Hearing
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Mayor Bastian introduced the following Resolution and moved its
adoption:
95-05-62
ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING
WHEREAS, the City Engineer for the City of Maplewood has been authorized
and directed to prepare a report with reference to the improvement of
Century Avenue North of Highwood Avenue, City Project 95-11, by construction
of sanitary sewer, water main, and appurtenances, and
WHEREAS, the said City Engineer has prepared the aforesaid report for
the improvement herein described:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. The report of the City Engineer advising this Council that the.
proposed improvement on Century Avenue North of Highwood Avenue,
City Project 95-11, by construction of sanitary sewer, water main,
and appurtenances is feasible and should best be made as proposed,
is hereby received.
2. The Council will consider the aforesaid improvement in accordance
with the reports and the assessment of benefited property for all or
a portion of the cost of the improvement according to MSA Chapter
429, at an estimated total for the City of Maplewood share cost of
the improvement of $469,120.
3. A public hearing will be held in the Council Chambers of the City
_ Hall at 1830 East County Road B on Monday, the 24th day of June,
1996, at 7 p.m. to consider said improvement. The Acting City Clerk
shall give mailed and published notice of said hearing and
improvement as required by law.
Seconded by Councilmember Carlson Ayes - all
4. Personal Services Ordinance (Amendments) Second Reading
a. Manager McGuire presented the staff report.
b. Director of Public Safety Collins 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. Councilmember Allenspach introduced the followin4 Ordinance for second
reading and moved its adoption:
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ORDINANCE N0. 756
PERSONAL SERVICE LICENSE: BUSINESSES AND INDIVIDUALS.
Chapter 24
PERSONAL SERVICE LICENSES:
BUSINESSES AND INDIVIDUALS.
Art. I. In General, 24-1 - 24-19
Div. 1. Escort Service, 24-10 - 24-15
Div. 2. Massage Center, 24-16- 24.21
Div. 3. Sauna/Bathhouse, 24-22 - 24.25
Art. II. Licenses, 24-26-24-80
Div. 1. In General, 24.26 - 24-49
- Div. 2. Business Premise License, 24-50 - 24-60
Div. 3. Personal Service License, 24-61 - 24.80
Art. III. Licensed Premises, 24-81 - 24-90
- ARTICLE I. 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, including 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.
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.
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.
Cross reference Rules of construction and definitions generally, 5 1-41 et seq.5 24-2.
Escort: A person employed to provide companionship, attendance, or accompaniment to
another for social or recreational purposes.
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
of the public or of a private club.
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Massage Therapist: The recipient of a massage degree or certificate from a recognized
school who holds a current personal service massage license issued pursuant to the
requirements 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, by an escort, massage therapist, or other licensed personal
service provider, at a location other than a licensed personal service business premise.
Person: Any natural person, corporation, firm, partnership, or association.
Rap parlor: A commercial enterprise hosting wide-ranging verbal conversation between its
employees and members of the public or a private club.
Recognized school: A degree or certificate-producing massage program, approved by the
State of Minnesota Higher Education 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, § 822.020, 8-3.78)
Sauna or Bathhouse Attendant: Personal service license holders employed at a Sauna or
Bathhouse licensed business 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 - Penalties.
Failure to establish and maintain the premises and records required pursuant to this
Article constitutes a violation of this ordinance. Such violations shall be cause for
suspension, revocation or non-renewal of the business premise or personal service license
and, or, other penalties including a maximum fine of seven hundred (8700) dollars.
Secs. 24-4 - 24-9. Reserved.
DIVISION L• ESCORT SERVICE
Sec. 24-10. Escort Service - Premises of Record.
Each escort service licensed pursuant to Article II of this Chapter shall maintain
premises of record at the 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 this location. In addition,
the owner or operator of the escort service will provide the Maplewood Police Department with
a name and telephone number to be used in contacting the licensee or Manager during non-
operating hours.
Records of the escort service required by this Chapter shall be available at the premises
of record for inspection by City officials during the posted hours of operation.
Sec. 24-11. Same - Register of Appointments.
Each escort service shall maintain, at the premises of record, a register of appointments
for licensed escorts provided by the service. The register shall include the name and
license number of the escort, the name and address of the client, the method of payment, the
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address to which the escort was 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 escort license number. The register
shall include all appointments for the previous twelve months.
Sec. 24-12. Same - 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, license number, address
and telephone number of the escort, the date that the escort service began representing the
escort, and the date, as applicable, that such representation ceased. The roster shall
include the names of all escorts represented by the escort service during the preceding
twelve (12) months.
Sec. 24-13. Same - Photographs of Escorts.
Each escort service shall maintain, at the premises of record, a color photograph of
each escort available through the service. Photographs shall be full-face, not less than 2i
by 2~ inches, and renewed annually. The 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 while the attendant is listed on the roster described in Sec.
24.12, above.
24-14 - 24-15. Reserved
DIVISION 2: MASSAGE CENTER
Sec. 24-16. Massage Center.
Each massage center licensed pursuant to Article II of this Chapter shall maintain
premises at the 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 this location.
Records of the massage center required by this Chapter shall be available at the premises for
inspection by City officials during the posted hours of operation`
Sec. 24-17. Same - 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 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. 24-18. Same - Roster of Massage Therapists.
Each massage center shall maintain, on the premises, a roster of massage therapists
available through the center. The roster shall include the name, license number, address.
and telephone number of the therapist, the date that the massage center began representin,
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.
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Sec. 24-19. Same - 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
e full-face, not less than 2~ by 2% inches, and shall be renewed annually. The 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. 24-20 - 24-21. Reserved
DIVISION 3: SAUNAS & BATHHOUSES
Sec. 24-22. Saunas and Bathhouses.
Each sauna or bathhouse business licensed pursuant to Article II of this Chapter shall
maintain premises at the 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 this location.
` Records of saunas or bathhouses required by this Chapter shall be available at the
premises for inspection by City officials during the posted hours of operation.
Sec. 24-23. Same - Roster of Attendants.
Each sauna or bathhouse shall maintain, on the premises, a roster of attendants employed
therein. The roster shall include the name, license number, address and telephone number of
ach 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. 24-24 - 24-25. Reserved.
ARTICLE II. LICENSES*
DIVISION 1. IN GENERAL.
Sec. 24-26. License - Required.
It shall be unlawful for any person, firm, partnership, association,'or corporation
to engage in the business of providing personal services described in this
Chapter within the limits of this City without being licensed therefor by the City, except
for the incidental provision of services defined in Sec. 24-1 of this Chapter.
"Engaging in the 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. 24-27. Same - Exceptions....
The license requirement shall not apply to massage, heat treatment, or other
therapeutic, restorative, or rehabilitative service provided during treatment by medical,
surgical, osteopathic, chiropractic, physical therapy or podiatry practitioners duly
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licensed or registered in this state to practice such skills, or to nurses and staff who
administer such treatment at the direction of any such employer.
The license requirement shall also not apply to massaging of the neck, face, scalp and
hair of customers or clients for cosmetic or beautifying purposes by barbers and
beauticians duly licensed under the laws of this state.(Ord. No. 450, § 822.030, 8-3-78)
Sec 24-28. Same - Expiration date.
Licenses issued under this article shall terminate on the last day of the calendar
year in which such license was issued. (Ord. No. 450, § 822.033, 8-3-78)
Sec. 24-29. Same - Minimum Age Requirement.
An applicant for a license under this article must be at least twenty-one (21) years
of age. (Ord. No. 450, § 822.037, 8.3-78)
Sec. 24-30. Same - Filing.
Every application for a license under this article shall be filed with the City Clerk.
- (Ord. No. 450, § 822.041, 8.3-78)
Sec. 24-31. Same - Transfer.
No license issued under this article shall be transferred to any other person or
premises. (Ord. No. 450, § 822.036, 8-3-78)
Sec. 24-32. Same - Disqualifications for licenses.
No license shall be issued to any applicant who:
(1) Is under twenty-one (21) years of age;
(2) Is an 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, § 822.064, 8-3.78)
Sec. 24-33. Same - Conditions of licenses.
No 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, § 822.060, 8-3-78)
Sec. 24-34. Same - Suspension or revocation..
A license issued under this article may be revoked by the Council for cause pursuant
to a hearing. Such hearing to be held after five (5) days notice to the licensee.
A license may be suspended temporarily by the City Manager and suspension shall
continue until otherwise ordered by the Council, providing that the charges of the City
Manager be delivered in writing to the licensee and that the Council afford the licensee a '
hearing at its first scheduled meeting immediately following the suspension order.
10 5-20-96
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.
'`i50, § 822.170, 8.3-78)
Sec. 24-35. Prohibited solicitations of business by licensees.
No person licensed under this article shall solicit business in any public place or in
any license liquor establishment in the City. (Ord. No. 450, § 822.067, 8-3-78)
Sec. 24-36. Prohibited activities.
Any touching, manipulation, stimulation or excitation of the sexual or genital
anatomy of a client by a licensee, or of a licensee by a client, during the provision of
service licensed under this chapter is expressly prohibited. In addition to penalties
provided elsewhere in this chapter, a maximum fine of seven hundred ($700) dollars may be
imposed for each violation of this section. (Ord. No. 450, § 822.120, 8-3-78)
Sec. 24-37. Personal service license to be carried, etc.
A personal service license or identification tag, issued under this chapter by the
City, shall be displayed by the licensee at all times while so employed and the licensee
shall present said license for inspection when so requested by a proper official of the
City. (Ord. No. 450, § 822.110, 8-3-78)
sec 24-38. License Fees - fenerally.
The fee 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, §
822.034, 8-3-78)
Sec. 24-39. Same - 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, § 822.035, 8-3-78)
Sec. 24-40. Same - Investigative fee.
Upon the filing of an application for a business premise or individual license under
this Chapter, the applicant shall pay in full the 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 business premise license, 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
'°enewal, 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, § 822.050, 8-3-78)
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Sec. 24-41. .License Applications - Information Required.
An application for any 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, § 822.040, 8-3-
78)
Sec. 24-42. Same - To be verified.
The application for a license under this article shall be signed and sworn to by the
applicant if the appplicant 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, § 822.043, 8-3.78)
Secs. 24-43. Violations - Penalties.
_ Violation of requirements and procedures specified in this Article shall be cause for
suspension, revocation or non-renewal of the business premise or personal service license
and, or, other penalties including a maximum fine of seven hundred (8700) dollars.
Secs. 24-44 - 24-49. Reserved.
DIVISION 2. BUSINESS LICENSES
Sec. 24-50. Required.
No escort service, massage center, sauna or bathhouse shall operate within the City
unless currently licensed in accordance with the provisions of this chapter. A separate
license is required for each premise upon which such service is provided. (Ord. No. 450, §
822.031, 8-3.78)
Sec. 24-51. Business Manager.
A Manager must be assigned for each premises licensed under this chapter and said Manager
must have a valid personal service license under this chapter for that type of service. The
business licensee shall designate a person as Manager and the Manager shall be responsible
for the conduct of the business until another suitable person has been designated in writing
as Manager by the licensee. The licensee shall promptly notify the City
Manager in writing of any changes; said notice indicating the name and address of the new
Manager and the effective date of such change. (Ord. No. 450, § 822.070, 8-3-78)
Sec. 24-52. Application: required information.
Each application for a business license under this article shall be made on a form.
supplied by the City and shall contain the following information:
(1) Whether the applicant is a natural person, a corporation, a partnership or other form
of organization.
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(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; whether the applicant has any training or experience
in providing the type of service for which the license is requested: and the same
information shall be required of the Manager.
(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 such
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 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
(2Z^) 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
(2i") inches square, and a complete set of applicant's fingerprints which shall be
taken by the chief of police.
(9) Such other information as the City Council may require. (Ord. No. 450, § 822.041, 8-
3-78)
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Sec. 24-53. Issuance or denial.
No business license shall be issued under this article except pursuant to Council
resolution, declaring that public convenience or necessity require the proposed business.
Council declaration of public convenience or necessity 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 the existing license shall be considered an'-:;
abandonment of the right to renewal and a Council hearing may be ordered. The Council may
grant or deny any license requested at its discretion. (Ord. No. 450, § 822.090, 8-3.78)
Sec. 24-54. 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 may be granted, however, for taxes or any portion thereof which
remain unpaid for a period exceeding one year after becoming due. (Ord. No. 450, §
822.160, 8-3-78)
Sec. 24-55. Prohibited activities when license suspended or revoked.
No business 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. § 822.180, 8-3-78)
Secs. 24-56 - 24-60. Reserved.
DIVISION 2. PERSONAL SERVICE LICENSES
Sec. 24-61. Required.
No person shall perform or provide any service in conjunction with the operation of an
escort service, massage center, sauna or bathhouse within the City, unless such person is
currently licensed in accordance with the provisions of this chapter. (Ord. No. 450. §
822.066, 8-3-78)
Sec. 24-62. Required information in application.
All the information required under section 24.52, paragraphs (2), (5), (6). (8), and (9)
shall be required of each applicant for a personal service license under this article. (Ord.
No. 450. § 822.042, 8-3-78)
Sec. 24-63. Educational requirements of applicants.
Every applicant for a personal service massage license under this article shall furnish
a certified copy of their diploma or certificate of graduation from a recognized school.
(Ord. No. 450, § 822.080, 8-3-78)
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Sec. 24-64. Issuance or denial; appeal.
(1) Applications for personal service licenses under this article shall be forwarded to
the chief of police and to such other City officials as the City Manager may deem
necessary. At the earliest practicable time thereafter, the City Manager shall issue
or deny the request for a license.
(2) The decision of the City Manager under subsection (a) hereof may be appealed to the
City Council, if such appeal is made in writing within ten (10) working days
following the date of issuance or denial of the license. When appealed, the City
Council may set aside the decision of the City Manager. (Ord. No. 450, § 822.090(6),
(C). 8-3-78)
Sec. 24-65. Prohibited activities when license suspended or revoked.
No person who has been issued a personal service license 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, § 822.190, 8-3-78)
Sec. 24-66. Clothing requirements.
The buttocks and genitals of all personal service licensees and the breasts of female
licensees shall be opaquely clothed at all times during the provision of licensed services.
(Ord. No. 450, § 822.069, 8-3-78)
Cec. 24-67 - 24-80. Reserved.
ARTICLE III. LICENSED PREMISES
Sec. 24-81. 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, treatment areas and public areas shall conform the codes established by the
American Society of Heating. Refrigeration and Air Conditioning Engineers and by
the Uniform Building Codes.
(2) Individual lockers shall be provided or the use of patrons with
separate keys for locking.
(3) The doors to the sauna and the individual massage rooms shall not be equipped with
any locking device and shall not be blocked or obstructed from either side. (Ord. No.
450, § 822.061. 8-3-78)
Sec. 24-82. Maintenance requirements.
All premises licensed under this chapter shall meet the following
maintenance requirements:
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(i) Handwashing sinks, urinals, floors, walls and equipment shall be kept in a
stateof 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, § 822.062, 8-3-78)
Sec. 24-83. 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, § 822.063, 8-3-78)
Sec. 24-84. 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.
§ 822.063, 8.3-78)
Sec. 24-85. 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, § 822.100, 8.3-78)
16 5-20-96
Sec. 24-88. 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, § 822.130, 8-3-78)
Sec. 24-89. Alcoholic beverages on premises.
No alcoholic beverages shall be allowed on any premises licensed under this chapter at
any time. (Ord. No. 450, § 822.140, 8-3-78)
Cross reference --Alcoholic beverages generally, Ch. 5.
Secs. 24-90. Violations - Penalties.
Violation of requirements and procedures specified in this Article shall be cause for
suspension, revocation or non-renewal of the business premise or personal service license
and, or, other penalties including a maximum fine of seven hundred ($700) dollars.
Seconded by Councilmember Carlson Ayes - all
5. Open Space Report - Regnier Property
a. Manager McGuire presented 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 were heard:
Evelyn Regnier, property owner
John & Jolene Gores, 2870 Arcade
Bill Hanson, 2836 Keller Parkway
Fred Wegscheider, 2860 Arcade Street
Judy Radke, 2828 Keller Parkway
Kathy Benker, 2786 Keller Parkway
d. Councilmember Carlson moved to commission an appraisal and have the
Planning and -Park & Recreation Commissions review this proaosal as
initial darts of the process to acquire the Regnier property as open
space.
Seconded by Councilmember Koppen Ayes - all
J. NEW BUSINESS
1. Discussion on Future Administrative Hearings
a. Manager McGuire presented the staff report..
b. City Attorney Kelly 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. Mayor Bastian moved to place this item on the June 3. 1996
Council/Manager Workshoa.
Seconded by Councilmember Carlson Ayes - all
17 5-20-9F
2. St, Paul Water Utility Construction Project
a. Manager McGuire presented the staff report.
b. Director of Community Development Coleman presented the specifics of the
report.
c. Councilmember Rossbach moved to approve a public proiect with St. Paul
Water Utility to begin excavation and foundation work prior to final
City approvals.
Seconded by Councilmember Carlson Ayes - all
K. VISITOR PRESENTATIONS
MAYOR BASTIAN MOVED TO CLOSE VISITOR PRESENTATIONS EXCEPT FOR DISCUSSION REGARDING
ORGANIZED GARBAGE COLLECTION.
SECONDED BY COUNCILMEMBER CARLSON AYES - ALL
L. COUNCIL PRESENTATIONS
1. Housing Redevelopment Fund
a. Councilmember Koppen inquired about the possibility of tapping into the
Charitable Gambling Funds for a housing redevelopment fund.
b. Councilmember Koppen moved to direct staff to investigate using
Charitable Gambling Funds for redevelo~ent purses and schedule this
matter for discussion at a future Council/Manager workshop.
2. Mayor's Update
a. Mayor Bastian commented on various items, including the Meredith Cable
and Disney "Create A Story Contest".
Director of Public Works Haider responded to questions about the severe
storm which occurred Saturday night/Sunday. morning and reported that no
serious damage had been reported in Maplewood..
M. ADMINISTRATIVE PRESENTATIONS
1. Organized Collection Progress Report
a. Manager McGuire presented the staff report.
b. Assistant City Manager Dawson presented the specifics of the report.
18 5-20-9h
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following were heard:
Chris Reinhardt, 1041 County Road C East, representing Evergreen
Jeff Glewwe, United Waste Systems
NO ACTION TAKEN OR REQUIRED
N. ADJOURNMENT OF MEETING
- 9:56 P.M.
Lois N. Behm, Acting City Clerk
19 5-20-96