HomeMy WebLinkAbout07-23-2001MINUTES MAPLEWOOD CITY COUNCIL
7:00 P:M., Monday, July 23, 2001
Council Chambers, Municipal Building
Meeting No. 01-15
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 Cardinal.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Robert Cardinal, Mayor Present
Sherry Allenspach, Councilmember Present
Kenneth V. Collins, Councilmember Present
Marvin C. Koppen, Councilmember Present
Julie A. Wasiluk, Councilmember Present
D. APPROVAL OF MINUTES:
Councilmember Allenspach moved to approve the minutes ofMeetinQ No. 01-15 (July 9, 2001) as
presented.
Seconded by Councilmember Collins Ayes -All
Councilmember Allenspach moved to approve the minutes of Council/ManaQer Workshop as presented.
Seconded by Councilmember Koppen Ayes -All
E. APPROVAL OF AGENDA:
Fl. Maplewood Award
Nl. Maple Hills Golf Course
' Ml . National Night Out and Mid Summer Nights
Councilmember Wasiluk moved to approve the Agenda as amended.
Seconded by Councilmember Koppen Ayes -All
F. APPOINTMENTS/PRESENTATIONS:
a. City Manager Fursman introduced the staff report.
b. Colleen Callahan presented the specifics of the report.
July 23, 2001 1
Councilmember Koppen moved to Awazd the "2001 Maplewood Award" to Milo Thompson and the
Maplewood Jaycees for their contribution in working to build, strengthen, unite and positively impact
the community, and to approve the National Night Out Proclamation.
Seconded by Councilmember Wasiluk Ayes -All
G. CONSENT' AGENDA:
Councilmember Koppen moved to approve the Consent Agenda as presented.
Seconded by Councilmember Allenspach Ayes -All
1. Approval of Claims
ACCOUNTS
PAYABLE
$227,260.57 Checks #54644 thru #54707 dated 7/10/01
$1,372,950.11 Disbursements via debits to checking account.
dated 7/2 thru 7/6/01
$312.15 Checks #54708 thru #54709 dated 7/9 thru 7/10/01
$687,488.04 Checks #54710 thru #54776 dated 7/17/01
$211,444.29 Disbursements via debits to checking account
dated 7/9 thru 7/16/01
$2,499,455.16 Total Accounts Payable
$462,100.13 Payroll Checks and Direct Deposits dated 7/20/01
$25,745.70 Payroll Deduction check #84944 thru #84948 dated 7/20/01
$487,845.83 Total Payroll
$2,987,300.99 GRAND TOTAL
2. Maplewood Historical Society --Fee waiver
Approved to issue an annual "Temporary Food Sales" permit and waive the $44.00 per day fee
for the Maplewood Historical Society.
July 23, 2001 2
3. Change Order #1 for City Project 01-02, Cured-in-Place Pipe
Accepted the recommendation from staff to approve the increase of the cured-in-place pipe, city
project 01-02, by $19,744.00 by approving the change order #1.
4. Separate Vote
5. Conditional Use Permit Review -- Forest Products (2650 Maplewood Drive)
Approved to review the conditional use permit for Forest Products at 2650 Maplewood Drive
again in one year.
6. Budget Change--Youth Sports Clinic
Approved the $8,000 expenditure increase for the Youth Sports Clinic needed to pay for
contracted services.
4. Conditional Use Permit Review-Fresh Paint (1055 Gervais Avenue)
Councilmember Allenspach moved to accept the recommendation from staff to review the
conditional use permit for Fresh Paint at 1055 Gervais Avenue again in May 2002.
Councilmember Collins seconded
Ayes -Mayor Cardinal, Councilmembers
Allenspach, Collins, and Koppen
Nays -Councilmember Wasiluk
H. PUBLIC HEARINGS
1. 7:00 P.M. Schroeder Milk Economic Development District 1-5 (Tax Increment Financing Plan)
a. Mayor Cardinal convened the meeting for a public hearing.
b. City Manager Fursman introduced the staff report and presented the specifics of the
report.
c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:.
Carl Schroeder, Owner Schroeder Milk
Councilmember Collins moved to continue the public hearing about the Schroeder Milk
Expansion-Tax Increment Financing Plan until August 13, 2001.
Seconded by Councilmember Wasiluk Ayes -All
July 23, 2001 3
2. 7:10 P.M. Street Vacation-Lydia Avenue, easYof Duluth Street
a. Mayor Cardinal convened the meeting for a public hearing.'
b. City Manager Fursman introduced the staff report.
c. Associate Planner Ken Roberts presented the specifics of the report.
d. Commissioner Matt Ledvina presented the Planning Commission report.
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
Joyce Lambert, 2986 Duluth Street, Maplewood
f. Mayor Cardinal closed the public hearing.
Councilmember Allenspach moved to adopt the following resolution that vacates the unused
Lydia Avenue right-of--way that is east of Duluth Street, next to the properties that is east of
Duluth Street, next to the property at 2986 Duluth Street:
Resolution 01-07-062
LYDIARVENUE-VACATION RESOLUTION
WHEREAS, Richard and Joyce Lambert applied for the vacation of the following-
described right-of--way:
The Lydia Avenue right-of--way, east of the east right-of--way line of Duluth Street as
platted as part ofCountryview Summit in Section 4, Township 29, Range 22 West,
Ramsey County, Minnesota;
WHEREAS, the history of this vacation is as follows:
1. On July 2, 2001, the planning commission recommended that the city council approve the
vacation.
2. On July 23, 2001, the city council held a public hearing: The city staff published a notice
in the Maplewood Review and sent a notice to the abutting property owners. The council
gave everyone at the hearing a chance to speak and present written statements. The
council also considered reports and recommendations from the city staff and planning
commission.
WHEREAS, after the city approves this vacation, public interest in the property will go to
the .following abutting property:
Lot 1, Block 2, Countryview Summit (2986 Duluth Street) (PIN 04-29-22-14-0038.)
July 23, 2001 4
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-
described right-of--way vacation for the following reasons:
1. It is in the public interest.
2. The city and the applicant have no plans to build a street in this location.
3. The adjacent properties have street access.
This vacation is subject to the city keeping a drainage, utility, trail and pedestrian easement over
the north 25 feet of the vacated right-of--way.
Seconded by Councilmember Koppen Ayes -All
I. AWARD OF BIDS
None
J. UNFINISHED BUSINESS
i. Approve Publication of Environmental Assessment Worksheet (EAW) for Beaver Lake
Townhomes-File Number 01-10.
a. City Manager Fursman introduced the staff report.
b. City Engineer Chuck Ahl presented the specifics of the report..
Councilmember Collins moved to authorize the city engineer to certify that to the best of his knowledge,
the document is complete and represents an accurate description of the project, and further that the
public notice of the EAW being available for review should be published in the next EQB Monitor and
that the city engineer shall receive all comments and report back to the city council with a final report on
September 24, 2001.
Seconded by Councilmember Allenspach Ayes -All
K. NEW BUSINESS
1. Hazelwood Park Lighting Specifications and Authorization to Proceed.
a. City Manager Fursman introduced the staff report.
b. Parks and Recreation Director Bruce Anderson presented the specifics of the report.
Councilmember Collins moved to recommend that the Hazelwood Park lighting project proceed to bid
and that T.K.D.A. be retained as the city's electrical engineer to complete the final plans and
specifications with all monies to be allocated from the city PAC fund.
Seconded by Councilmember Koppen Ayes -All
2. Larkin Dance Studio Request--Determine a "Compatible" use in LBC District (west of Ariel
Street)
July 23, 2001 5
a. City Manager Fursman introduced the staff report.
b. Associate Planner Ken Roberts presented the specifics of the report.
The following person was heard:
Scott Symanietz, 1234 Prestwick Terrace, Mahtomedi
Councilmember Allenspach moved to approve the staff recommendation to declare that the
Larkin Dance Studio would be a compatible and suitable fit in terms of the use of the property on
the west side of Aerial Street, because: (1) The abutting properties are zoned commercial, (2)
The property across Ariel Street is approved fora 60-unit apartment building, and (3) The dance
studio would not be alate-night use.
Seconded by Councilmember Koppen Ayes -All
3. Schedule Meeting to Review 2002 Proposed Budget
a. City Manager Fursman introduced the staff report and presented the
specifics of the report.
b. Finance Director Dan Faust provided specifics of the report.
Councilmember Collins moved to review the proposed 2002 budget immediately following the August
23rd, 2001, pre-agenda meeting, in the Maplewood Room.
Seconded by Councilmember Koppen Ayes -All
4. Approve Property Purchases on Larpenteur Avenue at Adolphus Street Under Housing
Replacement Program--City Project 01-19
a. City Manager Fursman introduced the staff report.
b. City Engineer Ahl presented the specifics of the report.
o. Lorraine Fischer presented the Housing and Redevelopment Authority (HRA) report.
Councilmember Koppen moved to authorize the City Manager and City Attorney to execute purchase
agreements with the property owners of 209, 211, and 215 Larpenteur Avenue under the following
conditions:
1. Conduct final settlement negations and purchases under the Maplewood Housing Replacement
Program.
2. Purchase agreements will be for:
209 Larpenteur Avenue - $145,000
211 Larpenteur Avenue - $155,000
215 Larpenteur Avenue - $146,000
July 23, 2001 6
Seconded by Councilmember Wasiluk Ayes -All
5. Personal Service Massage Therapy--Code Change
a. City Manager Fursman introduced the staff report.
b. City Clerk Karen Guilfoile presented the specifics of the report.
Councihnember Koppen moved to approve the following first reading of the revised Personal Service
Code Change:
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.
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 revemres generated by such organization
at such premises.
Cross reference -- Rules of construction and definitionsgenerally, § 1-41 et seq.§ 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.
Clinical Training: If applicant grants clinical training on licensed premises- an agreement between
the school and the licensed premise must be provided to the city. Clinical hours must be done by
students that are in training for massage therapy at a recognized school approved by the State of
Minnesota Higher Education Services Office under the direct observation and supervision of an
instructor.
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
July 23, 200t 7
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.
Massage Therapist: The recipient of a massage degree or certificate from a recognized school
who 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 hosting wide-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 Education Services Office,
which includes not less than five hundred (500) hours of training in the theory, method, and techniques
of massage. Exceptions to educational requirements must have Council approval.
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: Practitioners, licensed pursuant to Article R 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 -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.
Secs. 24-4 thru 24-9. Reserved.
July 23, 2001
Article IV. 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 ofmassage therapists available through
the center. The roster shall include the name, practitioner's license number, address, and telephone number
of the 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 ofthe client, the method ofpayment, 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, not less than 2'/z by
2~/z 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 ofthe 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 manager must
have a valid massage therapist practitioner's license. The premise licensee shall designate a natural personas
manager and the manager shall be responsible for the conduct of the business 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 the name and address ofthe new
manager and the effective date of such change. (Ord. No. 450, § 822.070, 8-3-78)
July 23, 2001
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, §
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 fine of seven hundred ($700) dollars may be imposed for each violation of this section. (Ord.
No. 450, § 822.120, 8-3-78)
Sec. 24-96. 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, § 822.067, 8-3-78)
Secs. 24-97. Violations -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 fine 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, § 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, § 822.035, 8-3-78)
Sec. 24-102. 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.
July 23, 2001 10
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 ofpolice, may require the applicant to pay the investigative fee anew.(Ord. No.
450, § 822.050, 8-3-78)
Sec. 24-103. Premise license required.
Except for the incidental provision of services defined inSec. 24-i ofthis Chapter, each person, fum,
partnership, association, or corporation operating a massage service within the limits ofthe City must be in
possession of a current premise license for such business issued by the City.
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, § 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) Ifthe applicant is a natural person, his or her true name, place and date ofbirth, street residence address and
phone number; whether the applicant is a citizen ofthe 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 ofincorporation ofassociation agreement, and bylaws
July 23, 2001 11
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 ofthe manager and all information concerning said personas
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) Whether the applicant will allow clinical hours by students that are in training for massa>;e therapy as
described in Article I Sec. 24.2.
(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 (2'/z") inches square. 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 (2Yz") inches
square.
(9) 10 Such other information as the City Council may require. (Ord. No. 450, § 822.041, 8-3-78)
Sec. 24-106. Application to be verified.
The application for a premise license under this Article shall be signed and sworn to by the
applicant if the 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, § 822.043, 8-3-78)
Sec. 24-107. Issuance or denial.
No premise license shall be issued under this Article except pursuant to approved of the City
Council. The Council may grant or deny any license requested at its discretion.
Council approval 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, § 822.090, 8-3-78)
Sec. 24-108. Conditions ofpremise 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, §
822.060,8-3-78)
July 23, 2001 12
Sec. 24-109. Licensing ofpremises 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 thereof
which remain unpaid for a period exceeding one year after becoming due. (Ord. No. 450, § 822.160, 8-3-
78)
Sec. 24-110. Suspension or revocation ofpremise license.
A premise license issued under this Article may be revoked by the Council for cause pursuant to a
hearing.. Such hearing to beheld after five (5) days notice to the licensee.
A license maybe 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, § 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, § 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, § 822.033, 8-3-78)
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, § 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 defined
in this Chapter, unless:
July 23, 2001. 13
(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, § 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
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: 24-117. 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, § 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
wilful 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. 24-11 °. Information required -practitioner's license application.
Each applicant for an massage therapist's 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
7uly 23,2001 14
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 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 (2'/z") inches square.
(5) Such other information as the City Council may require. (Ord. No. 450, § 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, § 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 because for denial, suspension or revocation of said license. (Ord. No.
450, § 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 maybe 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.
July 23, 2001 15
Sec. 24-124. Suspension or revocation of practitioner's license.
A practitioner's license issued under this Article maybe 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 maybe accomplished by certified mail to the practitioner's address of record or by
leaving a copy of the 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 final.
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, § 822.190, 8-3-78)
Sec. 24-127. Practitioner's license to be carried, eta
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, § 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, § 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, 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.
7uly 23, 2001 16
(2) Individual lockers shall be provided or the use ofpatrons with separate keys for locking.
(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, § 822.061, 8-3-78)
Sec. 24-131. Maintenance requirements.
All premises licensed under this Chapter shall meet the following maintenance requirements:
(1) Hand washing sinks, urinals, floors, walls and equipment shall be kept in a state of good repair
and maintained in a clean, sanitary condition at all times.
(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. 24-132. 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, §
822.063, 8-3-78)
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. Operating hours are restricted from 12:00 noon to 5:00 p.m. on Sundays. (Ord. No. 450,
§ 822.063, 8-3-78)
July 23, 2001 17
Sec. 24-134. Inspections of premises.
L.
M.
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)
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, §
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, § 822.140, 8-3-78)
Cross reference --Alcoholic beverages generally, Ch. 5.
Secs. 24-137. 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 Collins Ayes -All
VISITOR PRESENTATIONS
None
COUNCIL PRESENTATIONS
1. National Night Out--Mid Summer Nights--Councilmember A1lenspach reported that the turnout
for Mid Summer Nights has been really good. She encouraged the public to attend the future
events including the National Night Out on August 7, 2001. Chief Lukin added that this night
would provide an excellent opportunity for residents to meet their neighbors and view the new
dispatch center.
N. ADMINISTRATIVE PRESENTATIONS
1. Maple Hills Golf Course--City Manager Fursman stated the golf course is for sale. Parks and
Recreation Director Bruce Anderson explained the location and gave a description of the
property.
July 23, 2001
18
O. ADJOURNMENT
Councilmember Collins moved to adjourn the meeting at 8:23 P.M.
Seconded by Mayor Cardinal Ayes -All
July 23, 2001 19