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HomeMy WebLinkAbout1310 - ADMIN Ordinance - City Council - 1975/11/1740 0RIG INAL NOVEMBER 17, 1975 8B ORDINANCE NO. 1310 AN ORDINANCE RELATING TO THE LICENSING AND REGULATION OF MASSAGE PARLOR, MASSAGE AND ESCORT SERVICES AND PERSONS ENGAGED IN PROVIDING SERVICES AS A MASSEUR, A MASSEUSE OR AN ESCORT; PROVIDING FOR INSPECTIONS; PROVIDING PENALTIES FOR VIOLATIONS; AMENDING THE ST. LOUIS PARK ORDINANCE CODE, CHAPTER 2, BY ADDING SECTIONS THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The St. Louis Park Ordinance Code, Chapter 2, is amended by adding the following sections to read: Section 2:1410. Definitions. The following definitions shall apply in the interpretation and enforcement of the following sections relating to massage parlors, massage services, and escort services. Subd. 1. Escort services shall mean a business which provides male or female accompaniment services to its customers for a fee or other valuable considerations. Subd. 2. Health Authority means the health officials of the City of St. Louis Park. Subd. 3. Massage means the rubbing, stroking, kneading, tapping, or rolling of the body with the hands or objects, for the exclusive purposes of relaxing, physical fitness, or beautifications, and for no other purposes. Subd. 4. Masseur and Masseuse means a male person and a female person, respectively, who practices massage. The practice of massage is distinct from the kractice of medicine, surgery, osteopathy, chiropr ctic, physical therapy, or podiatry and persons duly licensed or re§istered in this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, nurses who work solely under the direction of any such persons, athletic directors and trainers are expressly excluded from the provisions of this section. Beauty culturists and barbers who do not give, or hold themselves out to give, massage treatments, as defined herein, other than is customarily given in such shops or places of business, for the purposes of beautification only, are also excluded from the provisions of this section. Subd. 5. Massage Parlor means any establishment or place providing to the public at large massage sero ces, other than a hospital, sanatorium, rest home, nursing home, boarding home or other insti- tution for the hospitalization or care of human beings duly licensed under the provisions of Minnesota Statutes Sections 144.50 through 144.69. Subd. 6. Massage Services means a business offering or providing massages to others where a fee is charged and whether or not the massage services are rendered at the licensed location. Section 2:1411. License Required. Subd. 1. Business License. No person shall own, operate, maintain, lease or be responsible tor a massage parlor or any business pro- viding massage services or escort services without a license. Subd. 2. Personal Service License, No person shall engage in pro- viding services as a masseur, masseuse or escort without a license. Subd. 3. Conditions Governing Issuance. (1) Licenses shall be issued only after a public hearing and if the applicant and all of its owners, managers, employees and agents are free of convictions for offenses which involve moral turpitude or which relate directly to such person's ability, capacity or fitness to perform the duties and discharge the responsibilities of the licensed activity. If the applicant is a natural person, a license shall be granted only if such person is 18 years of age or older. (2) Licenses shall be issued only to applicants who have not, within one year prior to the date of application been denied licensure; or who have not within such period had their license revoked. (3) A business license shall not be granted if granting the license (a) would be inconsistent with the comprehensive development plans of the City, or (b) would otherwise have a detrimental effect upon other property or properties in the vicinity. Subd. 4. General Provisions Applicable. The general provisions of Chapter 2 of the Ordinance Code of the City of St. Louis Park relating to the issuance of licenses shall govern business licenses and personal service licenses, except as they are inconsistent or in conflict with the provisions of this ordinance. Section 2:1412. Fees. Subd. 1. Business License. The annual license fee for the operation of a massage parlor, massage or escort service business shall be $150.00 for all such facilities or businesses at each location. 2 Subd, 2. Personal Service License The annual fee for each masseuse, masseur or escort s} TTe�$25.00 Subdo 3. Investigation Fee. At the time of each original application for a massage parlor, massage or escort service business license, there shall be paid in full an investigation fee of $100000 for each person having an ownership or beneficial interest in the proposed business. No investigation fee shall be refunded. Section 2:1413. Designation of Manager„ The person named as manager in the application shall be in direct charge of the day to day conduct of the licensed operation. If the person designated as the manager shall be replaced or changed, the name and address of the manager's replacement shall be promptly submitted to the City and approved in writing by the City Manager. Section 2:1414. Employment and Registration. (a) No person operating a massage or escort service or a massage parlor shall employ or use any person as a masseur, masseuse, or escort unless such person is licensed by the City of St. Louis Park. (b) Any person acting as a masseur, masseuse, or escort in any such business shall have his or her registration certificate or a true copy thereof and a copy of the license issued by the City of St. Louis Park displayed in a prominent place on the licensed premises. (c) The licensee shall furnish the City with a list of current employees indicating their names, addresses and which employees are practicing massage as part of their duties. The licensee shall promptly notify the City of any change in the list° Section 2:1415. Conditions of Operation. (a) Massage Parlors and Massage Services (1) No persons suffering from a communicable disease shall work or be employed in a licensed operation. No person suffering from a communicable disease to the knowledge of the owner, custodian or employees of a licensed operation shall be accommo- dated as a patron. (2) All persons receiving a massage and all persons performing a massage shall at all times wear sufficient non -transparent clothing or covering. (3) Between the hours of 3:00 a.m. and 8:00 a.m. of the same day, massage parlors or massage services shall not be open for business nor engaged in providing massage services, nor shall patrons be permitted on the premises. (4) Licensees under this ordinance shall not solicit business in any public place or in any licensed intoxicating liquor establishment within the City. (b) Massage Parlors (1) Individual lockers shall be made available for use by patrons. Such lockers shall have separate keys for locking. (2) A minimum of thirty (30) foot candles of illumination shall be supplied in all work areas. ,R g. ya V ► • Section 2:1416. Inspection. The City shall inspect all massage parlors as often as deemed necessary to enforce the provisions of this ordinance. Section 2e Penalty. Any person violating the provisions of this or- dinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $300 or by imprisonment for not to exceed 90 days or both. Section 3o Effective Date. This ordinance shall take effect 15 days after its publication. Adopted by the City Council November 17, 19750 Reviewed for administration: Approved as to form and legality: City Attorney • 4) SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION Si LOUISPARKSUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota 1 County of Hennepin j ss. J R RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known at The St Louis Park Sun and has full knowledge of the facts herein stated as follows (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches (2) Said newspaper is a weekly and 1s distributed at least once each week (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park, Golden Valley School District No. 275 and Robbinsdale School District No 281 in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the news- paper and business related thereto (6) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper He further states on oath that the printers Ordinance No. 1310 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for one successive weeks, that it was first so published on Wed the 24 day of_ December 19 75 and was thereafter printed and published on every to and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z. both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit abcdefghijklmnopqrstuvwxyz Subscribed and sworn to before me thin 26 day of December • 19 75 i (Notarial Seal) Muriel L t, Notary Pubhennepin County, Minn My Commission Expires July 28th, 1978 (Offldal Publication) NOVEMBER 17, 1915 8ORDINANCE NO. 1B AN ORDINANCE RELATING TO THE LICENSING AND REGULA- TION OF MASSAGE PARLOR, MASSAGE AND ESCORT SER- VICES AND PERSONS ENGAGED IN PROVIDING SERVICES AS A MASSEUR, A MASSEUSE OR AN ESCORT; PROVIDING FOR IN- SPECTIONS; PROVIDING PENAL- TIES FOR VIOLATIONS; AMEND- ING THE ST. LOUIS PARK ORDI- NANCE CODE, CHAPTER 2, BY ADDING SECTIONS THE CITY OF ST LOUIS PARK DOES ORDAIN Section 1 The St Louis Park Orch- nance Code, Chapter2, Is amended by addmg the following sections to read Section 2 1410 ala lowing definitions shall apply in the interpretation and enforcement of the following sections relating to mas- sage parlors, massage services, and escort services Subd 1 Escort services shall mean a business which provides male or female accantparument services to its customers for a fee or other valuable considerations Subd 2 Health Authority means the health officials of the City of St Louis Park Subd 3 Massage means the rubbing, stroking, imeadmg, tap- ping, or rolling of the body with the hands or objects, for the exc- lusive purposes of relaxing, phys- ical fitness, or beautification, and for no other purposes Subd 4 Masseur and Masseuse means a male person and a female person, respectively, who practices massage. The practice of massage is distinct from the practice of medicine, surgery, os- teopathy, chiropractic, physical therapy, or podiatry and persons duly licensed or registered in this state to practice medicine, surgery, osteopathy, chiroprac- tic, physical therapy, or podiatry, nurses who work solely under te direction of any such persons, athletic directors and trainers are expressly excluded from the provisions of this section. Beauty culttrrists and barbers who do not give, or hold themselves out tc, give, massage treatments, as de- fined herein, other than is cus- tomarily given in such shops or places of business, for the pur- poses from the protion visare ion of this section Subd 5 Massage Parlor means any establishment or place pro- viding to the public at large mas- sage services, other than a hospi- tal, sanatorium, rest home, nurs- ing home, boa rdmg home or other institution for the hospitalization or care of human beings duly licensed under the provisions of Minnesota Statutes Sections 144 50 through 144 69 Subd 6 Massage Services means a business offering or pro- viding massages to others where a fee is charged and whether or not the massage services are re- ndered at the licensed location Section 2 1411 License Re- quired. Subd 1 Business License. No person shall own, operate main- tain, lease or be responsible tor,a massage parlor,or any b�usiness providing massage gprvrces tir ',escort services without a license Subd .2 PersonalServl4e Ijdcease No person shall engage in providing services lig a mas- seur, masseuse or escort without a license Subd. 3 Conditions Governing Issuance. (1) Licenses shall be issued only after a public hearing and if the applicant and all of its own- ers, managers, employees and agents are free of convictions for offenses which Involve moral turpitude or which relate directly to such person's ability, capacity or fitness to perform the duties and discharge the responsibilities of the licensed activity If the ap- plicant is a natural person, a icense shall be granted only if such person is 18 years of age or older (2) Licenses shall be issued only to applicants who have not, within one year prior to the date of application been denied licen- sure, or who have not within such period had their license revoked (3) A business license shall not be granted if granting the license (a) would be inconsistent with the comprehensive development plans of the City, or (b) would otherwise have a detnmental ef- fect upon other property or prop- erties In the vicinity Subd 4 General Provisions Applicable. The general provi- sions of Chapter 2 of the Ordi- nance Code of the City of St Louis Park relating to the issuance of licenses shall govern business licenses and personal service licenses, except as they are in- consistent or in conflict with the provisions of this ordinance Section 2 1412 Fees. Subd 1 Business License. The annual license fee for the opera- tion peration of a massage parlor, mas- sage or escort service business shall be ;15000 for all such faalities or businesses at each lo- cation Subd 2 Personal Service License. The annual fee for each masseuse, masseur or escort shall be $25 00 Subd 3 Investigation Fee. At the time of each original applica- tion for a massage parlor, mas- sage or escort service business license, there shall be paid in full an investigation fee of $100 00 for each person having an ownership or beneficial interest in the prop- osed business No investigation fee shall be refunded Section 2 1413. Deslgation of Man- ager In person named as manager in the application shall be m direct charge of the day to day conduct of the licensed operation. If the person designated as the manager shall be replaced or changed, the name and address of the manager's replaa- merit shall be promptly submitted to the City and approved in wntlng by the City Manager Section 2 1414 Employment and Registration. (a) No person operating a mas- sage or escort service or a mas- sage parlor shall employ or use any person as a masseur, mas- seuse, or escort unless such per- son is licensed by the City of St. Lows Park. (b) Any person acting as a masseur, masseuse, or escort in any such business shall have his or her registration certificate or a true copy thereof and a copy of the license issued by the City of St Louis Park displayed m a prominent place on the licensed premises (c) The licensee shall furnish the City with a list of current em- ployees indicating their names, addresses and which employees are practicing massage as part of their duties The licensee shall promptly notify the City of any change in the list Section 2 1415 Conditions of Operation. (a) Massage Parlors and Mas- sage Services (1) No persons suffering from a communicable disease -shall work or be employed in a licensed operation No person suffering from a communicable disease to the knowledge of the owner, custodian or employees of a licensed operation shall be accommodated as a patron (2) All persons receiving a massage and all persons per- forrung a massage shall at all times wear sufficient non- transparent clothing or cover- ing (8) Between the hours of 3.O0 a M and 8 00 a m of the one musical number. add even more authenticity. consultant services 60.0 orthern States Power Co, other 58.5 orthwestern Bell Telephone, other 109 6 ostm aster, other 30 ary Lloyd Sather, consultant services 240 F Steiner Agency, other 250 its Storholm, other 43 CYDP-Executive St ostmaster, other 65 etna Life & Casualty, personnel 205 3 lour Exchange Building, other 328. pis Star & Tribune, other 42 0 he Twin Cities Courier, other 49 0 .rox Corporation, other 76.4 CYDP-Northside Sery orthwestern Bell Telephone, other 115.6 ashore Temporary Service, personnel 225 CYDP-Store Front S Postmaster, other 3 un Newspapers, other 13. CYDP-South Minneapolis orthwestern Bell Telephone, other 70 The question wab on the adop the resolution and there we e yeas and one nay as follows eas — Hanson, Olson an balrman Ticen. Nay — Robb, J bsent — Derus. Resolutlo opted. The Chairman reminded th oard that there would be n gularly scheduled Hennepi ounty Board and committe eetings for the weeks o ecember 22 and 29th. However, tial meeting of the Hennepi unty Board will be held o riday, December 26th, 1975 a 00 a.m. On motion, the Count oard adjourned until that date VERNON HOPPE, Director -Finance Divisio By: DEE WAGNER, Deputy 1 File No Affidavit of" Publication E, T. LOUISPARKSUN St. Louis Park, Minnesota In The Matter Of