HomeMy WebLinkAbout1471 - ADMIN Ordinance - City Council - 1980/07/07July 7, 1980
8d
ORDINANCE NO. 1471
AN ORDINANCE REGULATING THE OPERATION AND MAINTENANCE
OF MASSAGE PARLORS, SAUNAS, RAP PARLORS, CONVERSATION
PARLORS, ADULT ENCOUNTER GROUPS, ADULT SENSITIVITY
GROUPS, ESCORT SERVICES, MODEL SERVICES, DANCING SER-
VICES, HOSTESS SERVICES AND SIMILAR ADULT ORIENTED
SERVICES REQUIRING A LICENSE TO OPERATE SUCH BUSINESSES
AND ESTABLISHING STANDARDS FOR THE CONSTRUCTION, ACQUI-
SITION, OPERATION AND MAINTENANCE OF THEIR FACILITIES
THE CITY OF ST. LOUIS PARK ORDAINS:
Section 1. Section 13-1144 through and including Section 13-1150
of the St. Louis Park Ordinance Code, is herewith repealed.
Section 2. The St. Louis Park Ordinance Code, Chapter 13, is
amended by adding Sections 13-1144 through and including 13-1165;
r
Massage Parlors, Saunas, Etc.
Section 13-1144. Statement of Policy. The City Council of the City
of St. Louis Park deems it necessary to provide for the special and
express regulation of businesses or commercial enterprises which
operate as massage parlors, saunas, rap parlors, conversation parlors,
adult sensitivity groups, adult encounter groups, escort services,
dancing services, hostess services and similar adult oriented ser-
vices operating under different names in order to protect the public
health, safety and welfare and to guard against the inception and
transmission of disease. The City Council further finds that com-
mercial enterprises such as the type described above, and all other
similar establishments whose services include sessions offered to
adults, conducted in private by members of the same or the opposite
sex, and employing personnel with no specialized training, are
susceptible to operation in a manner contravening, subverting or
endangering the morals of the community by being the site of acts
of prostitution, illicit sex and occasions of violent crimes, thus
requiring close inspection, licensing and regulation.
The City Council also finds that control and regulation of commer-
cial establishments of these types, in view of the abuses often
perpetrated, require intensive efforts by the police department,
public health sanitarian and other departments of the City. As a
consequence, the concentrated use of City services in such control
detracts from and reduces the level of service available to the rest
of the community and thereby diminishes the ability of the City to
promote the general health, welfare, morals and safety of the commun-
ity. In consideration for the necessity on the part of the City to
provide numerous services to all segments of the community, without
a concentration of public services in one area working to the detri-
ment of the members of the general public, it is hereby decided that
the number of licenses issued pursuant to this ordinance for massage
parlors, saunas, rap parlors, conversation parlors, adult encounter
groups, adult sensitivity groups, escort services, model services,
dancing services, hostess services or for similar adult oriented
services which may be in force at any one time shall be no more
than a total of two such licenses. In view of the above reasons,
the City Council further finds that no new licenses as the types
described shall be issued after August 1, 1982. In the case of com-
mercial enterprises such as those described above which are currently
licensed, such establishments may be allowed -to retain their licenses
but not beyond August 1, 1982, provided that the establishments do
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not violate the provisions of this ordinance and that the City
Council determines that it is in the City's best interest to renew
the licenses annually as pursuant to the procedures outlined in
this ordinance.
Section 13-1145. Definitions.
(1) The term "massage" means the rubbing, stroking, kneading,
tapping or rolling of the body of another with the hands
or objects for the exclusive purpose of physical fitness,
relaxation, beautification and for no other purpose.
(2) The term "masseur" means a male person who practices or
administers a massage.
(3) The term "masseuse" means a female person who practices
or administers a massage.
(4) The term "massage parlor" means any establishment or
place providing to the public at large massage services,
other than a hospital, sanatorium, rest home, nursing home,
boarding home, or other institution for the hospitalization
or care of human beings duly licensed under the provisions
of Minnesota Statutes, Section 144.50 through 144.69, and
other than a health and fitness club as described in
Section 13-1162 of this ordinance.
(5)
The term "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.
(6) The term "sauna" means any public facility used for the
purpose of bathing, reducing or relaxing, utilizing steam
as a cleaning, reducing or relaxing agent.
(7) The terms "rap parlor" or "conversation parlor" or "adult
encounter group" or "adult sensitivity group" means any
person, establishment or business advertising, offering,
selling, trading or bartering the services of itself, its
employees or agents as nonprofessional counselors, teachers
or therapists who may talk to, discuss or have conversation
with patrons or who deal in any way with patron's physical
senses whether or not other goods or services are simultan-
eously advertised, offered, sold, traded or bartered and
regardless of whether said goods or services are also
required to be licensed.
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(8) The terms "escort service" or "model service" or "dancing
service" or "hostess service" means any person, establish-
ment or business advertising, offering, selling, trading
or bartering the services of itself, its employees or
agents as hostesses, models, dancers, escorts, dates or
companions whether or not goods or services are simultan-
eously advertised, offered, sold, traded or bartered and
regardless of whether said goods or services are also
required to be licensed.
(9)
The term "similar adult oriented services" is meant to
include all other services which fall within the defini-
tions of subsections 4-8 of this section but are operated
under different names.
(10) The term "certificate" as used herein means a certificate
issued by the City authorizing the holder thereof to
practice or administer a massage in the City of St. Louis
Park.
Section 13-1146. License Required. Subdivision 1. No person shall
engage in the business of operating a massage parlor or massage
establishment, sauna, rap parlor, conversation parlor, adult encount-
er group, adult sensitivity group, model service, escort service,
dancing service, hostess service or any other similar adult oriented
service either exclusively or in connection with any other business
enterprise or hold himself or herself out as being a masseur or
masseuse or engaged in or offering his or her services as a model,
hostess, dancer, escort or counselor in a rap parlor, conversation
parlor, adult sensitivity group or adult encounter group without a
license.
Subdivision 2. No person shall hold out any establishment as provid-
ing services as a massage parlor, sauna, rap parlor, conversation
parlor, adult encounter group, adult sensitivity group or model
service, escort service, dancing service, hostess service or simi-
lar adult oriented service unless such establishment is licensed as
provided in this section. Whenever any establishment ceases to be
licensed as a massage parlor, sauna, rap parlor, conversation parlor,
adult encounter group, adult sensitivity group or model service,
escort service, dancing service, hostess or similar adult oriented
service, whether through the suspension, cancellation, revocation,
nonrenewal or lapse of its license, its owners shall immediately
remove from public view any sign or display which identifies the
establishment as being a massage parlor, sauna, rap parlor, conver-
sation parlor, adult encounter group, adult sensitivity group or -as
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offering a model service, escort service, dancing service, hostess
service or similar adult oriented service.
Section 13-1147. Contents of Application for License. Application
for a license shall be made only on the forms provided by the City
Manager. Four complete copies of the application must be submitted
to the City Manager's office containing the address and legal
description of the property to be used, the name, address and
telephone number of the owner, lessee, if any, and the operator or
manager, the name, address and telephone number of two persons who
shall be residents of Hennepin County who may be called upon to
attest to the applicant's, manager's or operator's character;
whether the applicant, manager or operator has ever been convicted
of a crime or offense and, if so, complete and accurate information
as to the time, place and nature of such crime or offense, including
the disposition thereof; the names and addresses of all creditors
of the applicant, owner, lessee, or manager insofar as and regarding
credit which has been extended for the purposes of constructing,
equipping, maintaining, operating, furnishing or acquiring the
premises, personal effects, equipment or anything incidental to the
establishment, maintenance and operation of a massage parlor, sauna,
rap parlor, conversation parlor, adult encounter group, adult
sensitivity group, escort service, model service, dancing service,
hostess service or similar adult oriented service. If the applica-
tion is made on behalf of a corporation, joint business venture,
partnership or any legally constituted business association, it
shall submit, along with its application, accurate and complete
business records showing the names and addresses of all individuals
having an interest in the business and, in the case of a corporation,
the names and addresses of all officers, general managers, members
of the Board of Directors, all shareholders, as well as any creditors
who have extended credit for the acquisition, maintenance, operation
or furnishing of the establishment. All applicants shall furnish to
the City, along with their applications, complete and accurate
documentation establishing the interest of the applicant and any
other person having an interest in the premises upon which the
building is proposed to be located or in the furnishings thereof.
Documentation shall be in the form of a lease, deed, contract for
deed, mortgage deed, mortgage, credit arrangement, loan agreements,
security agreements and any other documents establishing the inter-
est of the applicant or any other person in the operation, acquisi-
tion or maintenance of the enterprise offering services as a massage
parlor, sauna, rap parlor, conversation parlor, adult encounter
group, adult sensitivity group, model service, escort service, danc-
ing service, hostess service or similar adult oriented service.
The application shall also contain blueprints, diagrams, plans,
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layouts, and the like, showing the construction, revision, remodel-
ing, alteration or additions of or to the premises and specifically
showing the layout, design and arrangement of the bathing and rest-
room facilities and the size add type of equipment and facilities
to be used. All applicants shall state any other licenses for
which they have applied within the last ten years and any denial,
suspension or revocation of a license along with an explanation of
any such denial, suspension or revocation.
Section 13-1148. License Fee, License Investigation and License
Year. The annual license fee is $1,500.00 and the annual fee for
the investigation for the purposes of issuing a license is $1,500.00.
The license fee and fee for the investigation of the license shall be
paid when the application is filed. In the event that the license is
denied upon application, the license fee shall be refunded; however,
no part of the license investigation fee shall be returned to the
applicant. In the event that the license once issued is revoked,
cancelled or surrendered, no part of the annual license fee or fee
for the investigation for the issuance of a license shall be returned
to the applicant unless by express action of the City Council. A
separate license shall be obtained each year for each place of busi-
ness. The licensee shall display the license on a prominent place
in the licensed premises at all times. A license, unless revoked,
is for the calendar year or a part thereof for which it has been
issued. The fee for the investigation for issuance of a license
must be tendered with each new application for a license if the
establishment has violated the provisions of this ordinance or if
the police department has received an inordinate number of complaints
concerning the establishment or if the City Council should act
requiring that the investigation fee be paid. The investigation fee
must also be paid at any time when there is a proposed change of
ownership or reapplication for a license wherein additional or
different parties other than the original licensee and parties are
proposing to be licensed. All licenses granted herein are non-
transferable.
Section 13-1149. Conditions Governing Issuance of a License.
(1) Licenses shall be issued only if the applicant or all of
its owners, managers, employees, agents or interested
parties are persons of good moral character and repute.
(2) Licenses shall be issued only if the applicant and all
of its owners, managers, agents, employees or interested
parties 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.
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(3)
Licenses shall be issued only to•applicants who have not,
within three years prior to the date of application, had
a license of this type revoked or suspended in or by any
community or political entity and whose owners, managers,
or any interested parties have not been similarly revoked
or suspended.
(4) Licenses shall be issued only to applicants who have
answered fully and truthfully all of the information
requested in the application, who have paid the full
license fee and fee for investigation and have cooperated
fully and truthfully with the City in the review of the
application.
(5) If the applicant is a natural person, a license shall
be granted only if such person is 18 years of age or
older.
(6) Licenses may only be granted when the premises involved
are in complete conformity with the zoning code of the
City of St. Louis Park.
(7) Licenses shall be granted only to establishments which
meet the safety, sanitary and building code requirements
of the City of St. Louis Park.
(8) A license shall not be granted if granting the license
(a) would be inconsistent with the comprehensive develop
ment plans of the City of St. Louis Park or (b) would
otherwise have a detrimental effect upon other property
or properties in the vicinity.
Section 13-1150. Certificate Required. No person shall engage in
or hold him or herself out as being engaged in the practice of
massage nor shall any person administer or practice massage commer-
cially or for hire, or for the exchange of any valuable considera-
tion without first having obtained a certificate as herein provided
except that a certificate shall not be required for any person who
is currently registered by the State Board of Medical Examiners or
except as elsewhere provided in this ordinance.
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Section 13-1151. Contents of the Application for Certificate.
Application shall be made only on forms provided by the City Manager.
The application shall include the following information together with
any other information which the City Manager may require:
(1) Evidence of the applicant's education qualifications,
including originals or certified copies of degrees,
diplomas or certificates, if any.
(2) Evidence of applicant's practical qualifications to
practice massage.
(3) Evidence that the applicant is of good moral character.
(4) The names and addresses of two persons, residents of
Hennepin County, who can attest to the applicant's
character.
(5) Whether the applicant has ever been convicted of a crime
or offense and, if so, information as to the time, place
and nature of such crime or offense.
(6) Evidence in the form of a current certificate from a
licensed physician practicing in Minnesota indicating
(a) that within the past 30 days he has examined the
applicant, and (b) that such examination was for the
purpose of determing whether applicant had any communi-
cable disease and (c) that as a result of such examina-
tion he believes that applicant is not suffering from
any communicable disease.
(7) Evidence that the applicant is at least 18 years of age.
Section 13-1152. Certificate Fee, Certificate Investigation Fee and
Certificate Year. The annual certificate fee shall be $50.00 and an
investigation fee for the purposes of issuing a certificate is
$100.00. The certificate fee and fee for the investigation of the
certificate shall be paid when the application is filed. In the
event that the certificate is denied upon application, the certifi-
cate fee shall be refunded, however, no part of the certificate
investigation fee shall be returned to the applicant. In the event
that the certificate, once issued, is revoked, cancelled or surrend-
ered, no part of the annual certificate fee or fee for the investi-
gation for the issuance of a certificate shall be returned to the
applicant unless by express action of the City Council. A separate
certificate shall be obtained each year. The certificate holder
507.7
shall display the certificate on a prominent place in the premises
of the certificate holder at all times. A certificate, unless
revoked, is for the calendar:year or a part thereof for which it
has been issued. The fee for the investigation for issuance of a
certificate must be tendered with each new application for a certi-
ficate if the applicant has violated the provisions of this ordi-
nance. A certificate permitting the holder thereof to practice
massage is nontransferable.
Section 13-1153. Conditions Governing Issuance of the Certificate.
(1) Certificates shall be issued only to persons of good
moral character and repute and persons who are in
good health and free from any communicable disease.
(2) Certificates shall be issued only to persons free of
convictions of offenses which involve moral turpitude
or which relate directly to the person's ability,
capacity or fitness to perform the duties and dis-
charge the responsibility of the occupation.
(3)
Certificates shall not be issued to persons who, within
one year prior to the date of application, have been
denied certification licensing or who has had his or
her certificate or license revoked or suspended by
any community political entity or by the State of
Minnesota.
(4) Certificates shall be issued only to persons who have
fully and truthfully answered all of the information
requested in the application and have paid the full
certification fee and certification investigation fee.
(5)
Certificates shall be issued only to persons 18 years
of age or older.
Section 13-1154. Granting or Denial of Licenses and Certificates.
License applications and certificate applications shall be reviewed
by the Police Department, Inspection Services Departr,ent, Planning
Department, Fire Department, and such other departments as the City
Manager shall deem necessary. The review of license applications
shall include an inspection of the premises covered by the applica-
tion to determine whether the premises conform to all applicable
code requirements. Licenses shall be issued upon the approval of
the City Council only after a public hearing has been conducted.
507.8
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 except as they are inconsistent or in conflict with the pro-
visions of this ordinance. A license permitting the conduct of an
establishment offering services as a massage parlor, sauna, rap
parlor, conversation parlor, adult encounter group, adult sensi-
tivity group, escort service, model service, dancing service,
hostess service or other similar adult-oriented service is non-
transferable and nonrenewable, and application must be made each
year for a license permitting and allowing the conduct of such
business for the succeeding year.
A certificate permitting the holder thereof to practice or admini-
ster massage commercially is nonrenewable and nontransferable and
application must be made each year for a certificate permitting
and allowing the holder thereof to administer or practice massage
for the succeeding year.
Section 13-1155. Restrictions and Regulations.
(1) The licensee and any persons in his or her employ or
agents or officers thereof and any and all persons with
an interest in said business shall comply with all
applicable ordinances, regulations and laws of the City
of St. Louis Park, the State of Minnesota, and the
United States.
(2) If the licensee is a partnership or corporation, the
applicant shall designate a person to be manager and
in responsible charge of the business and employees.
Such person shall remain responsible for the conduct
of the business and employees until another suitable
person has been designated in writing by the licensee.
The licensee shall promptly notify the police department
in writing of any such change, indicating the name,
address and telephone number of the new manager and the
effective date of such change.
Every licensee shall be deemed to have given consent
to an examination and inspection of every part of the
premises at all times by any police, fire or health
authority of the City. Refusal to allow such inspec-
tion or to answer the request of City police, fire or
health authority to be admitted to a licensed premises
shall be grounds for suspension or revocation of all
licenses.
(3)
(4) The licensed premises shall not be open for business
nor shall patrons be permitted on the premises between
the hours of 8:00 p.m. and 8:00 a.m. on any day.
507.9
(5) Upon demand of any police officer, any person employed
in any licensed premises shall identify himself by
giving his true legal name and his correct address.
(6) No person under 18 years of age shall be employed in
an establishment requiring a license under the provisions
of this ordinance.
(7) The licensee shall furnish the Police Department with a
list of current employees, indicating their names and
addresses and designating the duties of the employees
within the licensed premises. The licensee shall
promptly notify the Police Department of any additions
or deletions in the list of employees or changes in
their job descriptions or duties.
(8)
Each licensee shall keep on the licensed premises and
for each licensed premises anoccupancyor guest
register which shall contain the true correct name,
address and phone number of each patron of the licensed
premises. Each licensee, his or her employees or agents
of them shall require each patron" to identify himself
of herself by such sufficient identification showing
the true correct name, address and phone number of
said patron., The occupancy register or guest register
shall be maintained on the licensed premises and open
for inspection by officers, employees and agents of the
City of St. Louis Park, the State of Minnesota, the
United States government and must be maintained for a
period of not less than two years.
(9) The licensed premises must be kept and maintained
in a sanitary condition defined as being free from
the vegetative cells of pathogenic microorganisms and
all equipment, personal property, tables, beds, towels,
clothing and the like used in or for the licensed
premises shall also be maintained in a sanitary condi-
tion as defined herein.
(10) No licensee shall employ any person as a masseur or
masseuse without first insuring that said employee
possesses a valid certificate for the administration
or practice of massage, except as otherwise provided
in this ordinance.
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507.10
(11) Every person to whom a certificate is issued shall
appear personally at the police department to receive
delivery of the certificate and upon such appearance,
shall be photographed for identification purposes. One
copy of the photograph shall be permanently affixed to
the certificate and a second copy thereof shall be kept
in the files of the Police Department.
(12) Except as otherwise provided in this ordinance, any
person acting as a masseur or masseuse shall have his
or her certificate displayed in a prominent place at
his or her place of employment and upon demand by any
police officer or other authorized officer or agent of
the City of St. Louis Park, any person engaged in prac-
ticing massage shall identify himself or herself giving
his or her true legal name, correct address and phone
number.
(13) Except as otherwise provided in this ordinance, any
person practicing massage within the City of St. Louis
Park shall initially advise the City of his or her
address and telephone number and shall further advise
the City of any changes in address or telephone number
within 30 days of such change.
(14) Except as otherwise provided in this ordinance, it is
unlawful for a masseur to practice massage upon any
person except a male and for a masseuse to practice
massage on any person except a female.
(15) Any masseur or masseuse practicing massage shall
remain fully clothed in a nontransparent uniform or
clothing at all times. At all times during the opera-
tion of any rap parlor, conversation parlor, adult
encounter group, adult sensitivity group, model service,
escort service, dancing service, hostess service or
similar adult oriented service, both employees and
customers must be and remain fully clothed in non -
transparent clothing.
Section 13-1156. Construction and Maintenance Requirements.
(1) Each licensed premises shall have a separate restroom
and separate locker room for members of each sex.
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(2) All massage rooms, locker rooms, restrooms and bathrooms
used in connection therewith shall be constructed of
materials, including ceramic tile, quarry tile, smooth
finish cement block or other similar material, which
are impervious to moisture, bacteria, mold or fungus
growth and shall be maintained in a sanitary condition
defined as being completely free from the vegetative
cells of pathogenic microorganisms. The floor -to -wall
joints shall be constructed to provide a sanitary cove
with a minimum radius of one inch. All equipment,
personal property, beds, towels, clothing and the like
used in the massage parlor shall be of a sanitary design
and kept in a sanitary condition.
All restrooms shall be provided with mechanical venti-
lation meeting the ventilation requirements of the
building code, a hand washing sink equipped with hot
and cold running water under pressure, sanitary towels
and a soap dispenser.
(4) All rooms in the licensed premises including, but not
limited to, massage rooms, sauna rooms, restrooms,
bathrooms, rap rooms, conversation rooms, modeling
rooms, dancing rooms, janitor's closets, hallways and
reception areas shall be illuminated with not less than
30 foot candles of illumination.
(3)
(5) Each licensed premises shall have a janitor's closet
which shall provide for the storage of cleaning supplies.
(6) Floors, walls and equipment in massage rooms, sauna
rooms, restrooms, bathrooms, rap rooms, conversation
rooms, modeling rooms and dancing rooms must be kept
in a state of good repair and sanitary at all times.
Linen and other materials shall be stored at least
12 inches off the floor. Clean towels, washcloths and
linens must be available for each customer utilizing
the sauna or shower facilities.
(7) Individual lockers shall be made available for use by
patrons. Such lockers shall have separate keys for
locking.
(8) Such establishments shall provide adequate refuse
receptacles which shall be emptied as required.
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(9) There shall be no doors, curtains or other nontrans-
parent coverings to the individual massage rooms,
rap rooms, conversation rooms, modeling rooms or
dancing rooms. All interaction between employees and
customers shall take place solely in the aforementioned
areas.
Section 13-1157. Health and Disease Control. No person while
afflicted with any disease in a communicable form or while a
carrier of such disease or while afflicted with boils, infected
wounds, sores or any acute respiratory infection shall work in
or use the services of any licensed premises and no person known
or suspected of being afflicted with any such disease or con-
dition shall be employed or permitted in such area or capacity.
Section 13-1158. Revocation, Suspension or Nonrenewal of License.
The license may be revoked, suspended or not renewed by the City
Council upon recommendation of the City Manager by showing that
the licensee, its owners, managers, employees, agents or any
other interested parties have engaged in any of the following
conduct:
(1) Fraud, deception or misrepresentation in connection with
the securing of the license.
(2) Habitual drunkenness of intemperance in the use of
drugs including, but not limited to, the use of drugs
defined in Minnesota Statutes, Section 618.01, barbitu-
ates, hallucinogenic drugs, amphetamines, Benzedrine,
dexedrine or other sedatives, depressants, stimulants
or tranquilizers.
(4) Engaging in conduct involving moral turpitude or
permitting or allowing others within their employ or
agency to engage in conduct involving moral turpitude
or failing to prevent agents, officers, or employees in
engaging in conduct involving moral turpitude.
Failure to fully comply with any -requirements of the
ordinances of the City of St. Louis Park regarding
sanitary and safety conditions, zoning requirements,
building code requirements or ordinances, the violation
of which involves moral turpitude, or failure to comply
fully with any requirements of this ordinance.
(5)
507.13
(6) Conviction of an offense involving moral turpitude by
any court or competent jurisdiction.
(7) Operation of the establishment without a valid
license or during periods in which the license has
been suspended or revoked.
(8) Engaging, in any conduct which would constitute grounds
for refusal to issue a license herein.
The licensee may appeal such suspension, revocation or nonrenewal
to the City Council. The Council shall consider the appeal at
the next regularly scheduled Council meeting on or after ten days
from service of the notice of appeal to the City Manager. At the
conclusion of the hearing, the Council may order:
(1) That the revocation, suspension or nonrenewal be affirmed.
(2) That the revocation, suspension or nonrenewal be lifted
and that the license be returned to the license holder.
(3) The City Council may base either suspension or issuance
of the certificate upon any additional terms, conditions
and stipulations which they may, in their sole discretion,
impose.
Section 13-1159. Revocation, Suspension or Nonrenewal of Certificate.
Certification may be revoked or suspended by the City Manager or
not renewed by the City Council for any of the following:
(1) Fraud, deception or misrepresentation in connection with
the securing of certification.
(2) Habitual drunkenness or intemperance in the use of drugs
including, but not limited to, the use of drugs defined
in Minnesota Statutes, Section 618.01, barbituates,
hallucinogenic drugs, amphetamines, benzedrine,
dexedrine or other sedatives, depressants, stimulants
or tranquilizers.
(3) Conduct, inimical to the interests of the public health,
safety, welfare or morals.
(4) Engaging in conduct involving moral turpitude.
(5) Failure to fully comply with the requirements of this
ordinance.
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(6) Conviction of an offense involving moral turpitude.
The certificate holder may appeal such suspension, revocation or
nonrenewal to the City Council. The Council shall consider the
appeal at the next regularly scheduled Council meeting on or after
ten days from service of the notice of appeal to the City Manager.
At the conclusion of the hearing, the Council may order:
(1) That the revocation, suspension or nonrenewal be affirmed.
(2) That the revocation, suspension or nonrenewal be lifted
and that the certificate be returned to the certificate
holder.
(3) The City Council may base either suspension or issuance
of the certificate upon any additional terms, conditions
and stipulations which they may, in thier sole discretion,
impose.
Section 13-1160. Prohibited Acts. Except as provided elsewhere in
this ordinance, no employer shall employ a person to practice
or administer massage nor permit, suffer or allow a person to
practice or administer massage unless that person has been granted
a valid certificate pursuant to this ordinance and every employer
shall require that the certification be prominently and openly
displayed on the premises in plain view.
Section 13-1161. Massage Distinguished. The practice of massage
is hereby declared to be distinct from the practice of medicine,
surgery, osteopathy, chiropractic, physical therapy or podiatry
and persons duly licensed 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 hereby expressly excluded
from the providsions of this section. Beauty culturists and bar-
bers 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 purpose of beautifi-
cation only shall be exempt from the provisions of this section.
Section 13-1162. Exceptions. This ordinance does not apply to
bona fide health/sports establishments which,meet the following
criteria:
(1) The establishment has conducted business in the City of
St. Louis Park for three years and is in good repute.
507.15
(2) The primary purpose of the establishment is health
and fitness; massage service is subsidiary.
(3) No more than 20% of -the establishment revenue is
derived from massage.
(4) The financial records of the establishment are at
all times available to the City for inspection.
(5) The establishment has an ongoing membership which
list is available to City officials for inspection
at any time.
Establishments which meet the above provisions shall not be
required to pay the annual license fee or investigation fee, unless
specifically ordered by the City Council. Masseurs and masseuses
employed by such establishments are not required to be certified
under this ordinance.
In addition, this ordinance does not apply to nor include bona
fide legal, medical, psychiatric, psychological, family or
marriage counseling services by a person, persons or businesses
appropriately licensed by the State of Minnesota, by local units
of government or any other appropriate licensing authority nor
does this ordinance apply to bona fide financial counseling
services or bona fide educational institutions completely comply-
ing with State and local regulations or the regulation of any
licensing authorities nor does it apply to bona fide churches,
synagogues or institutions or organized religions or to seminars,
panel discussions or group classes sponsored by bona fide religious
institutions or educational institutions.
Section 13-1163. Separability. Every section, provision or part
of this ordinance is declared separable from every other section,
provision or part to the extent that tf any section, provision or
part of this ordinance shall be held invalid, such holding shall
not invalidate any other section, provision or part thereof.
Section 13-1164. Penalties. Whoever does any act forbidden by
this ordinance or omits or fails to do any act required by this
ordinance shall be guilty of a misdemeanor and upon conviction
thereof by lawful authority, be punished by a fine not to exceed
$500.00 and by imprisonment not to exceed 90 days or both or any
combination of either. Each day that a violation exists consti-
tutes a separate and distinct offense.
507.16
Section 13-1165. Liability for the Crimes of Another. Every
person who commits or attempts to commit, conspires to commit or
aids and abets in the commission of any act constituting a viola-
tion of this ordinance or any act, which constitutes an omission
and, therefore, a violation of this ordinance, whether individu-
ally or in connection with one or more persons or as principal,
agent or accessory, shall be guilty of such offense and every
person who falsely, fraudulently, forcibly or wilfully induces,
causes, coerces, requires, permits or directs another to violate
any of the provisions of this chapter is likewise guilty of such
offense.
1
507.17
Section 3. Penalty. Any person who violates this ordinance
is guilty of a misdemeanor and may be punished by a fine not to
exceed $500 or by imprisonment not to exceed 90 days, or both, or
any combination.
Section 4. Effective Date. This ordinance shall take effect fif-
teen (15) days after its publication.
Adopted by the City Council,Jyly 7, 1980.
Attest:
(g -0-4,N
City Clerk 6;/1(L4-4°1'
Reviewed for administration:
Acting City Manager
Cr(2(
Mayor
Approved as to form and legality:
City At •rney
1.1
-
_I
0 SUN
NEWSPAPERS
AFFIDAVIT OF PUBLICATION
ST. LOUIS PARK SUN
924 Excelsior Avenue West Hopkins, Minnnesota
State of Minnesota
County of Hennepin
D K MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the
vice president and general manager of the newspaper know as 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 is distributed at least once every 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
advertisement (4) Said newspaper is circulated in and near the municipalities 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 Hopkins 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 of said newspaper 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 and at which said newspaper is printed (6) Said newspaper files a copy of each issue
immediately with the State Historical Society (7) Said newspaper is made available at single or
subscription prices to any person, corporation, partnership or other unincorporated association
requesting the newspaper and making the applicable payment (8) Said newspaper has complied with all
foregoing conditions for at least one year preceding the day or dates of publication mentioned below (9)
Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each
January 1 thereafter and affidavit in the form prescribed by the Secretary of State and signed by the
managing officer 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 printed nrdtnanc_e No . 1471
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, fornnP successive weeks,
that it was first so published on We d . the 1 6th day of
and was thereafter printed and published on every
July
19 80
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 this 16 th
8 7.
day of July
MERIDEL M. HEDBLOM '
NOTARY PUBLIC MINNESOTA
HENNEPIN COUNTY
My commission expires July 2, 1986
19 80
ORDINANCE NO. 1471
AN ORDINANCE REGULATING THE OPERATION AND MAINTENANCE
OF MASSAGE PARLORS, SAUNAS, RAP PARLORS, CONVERSATION
PARLORS, ADULT ENCOUNTER GROUPS, ADULT SENSITIVITY
GROUPS, ESCORT SERVICES, MODEL' SERVICES, DANCING
SERVICES, HOSTESS SERVICES AND SIMILAR ADULT ORIENTED
SERVICES REQUIRING A LICENSE TO OPERATE SUCH BUSINESSES
AND ESTABLISHING STANDARDS FOR THE CONSTRUCTION,
ACQUISITION, OPERATION AND MAINTENANCE OF THEIR
FACILITIES
THE CITY OF ST. LOUIS PARK ORDAINS:
Section 1. Section 13-1144 through and including Section 13-1150 of the St.
Louis Park Ordinance Code, is herewith repealed.
Section 2. The St. Louis Park Ordinance Code, Chapter 13, is amended by
adding Sections 13-1144 throagh and inclpding 13-1165:
Massage Parlors, Saunas, Etc.
Section 13-1144. Statement of Policy. The City Council of the City of St.
Louis Park deems it\ necessary to provide for the special and express
regulation of businesses or commercial enterprises which operate as
massage parlors, saunas, rap parlors, conversation parlors, adult sensitivity
groups, adult encounter` groups, escort services, dancing services, hostess
services and similar adult oriented services operating under different' names
in order to protect the public health, safety and welfare and to guard against
the inception and transmission of disease. The City Council further finds that
commercial enterprises such as the type described above, and all other
similar establishments whose services include sessions offered to adults,
conducted in' private by members of the same or the opposite sex, and
employing personnel with no specialized trainingg, are susceptible to opera-
tion in a manner contravening, subverting or endangering the morals of the
community by being the site of acts of prostitution, illicit sex and occasions of
violent crimes, thus requiring close inspection, licensing and regulation.
The City Council also finds that control and regulation of commercial
establishments of these types, in view of the abuses often perpetrated,
require intensive efforts by the police department, publi� l]tiealth sanitarian
and other departments of the City. As a consequence, the c3'ncentrated use of
P
City services in such control detracts from and reduces: the level of service
available to the rest of the community and thereby diminishes the ability of
the City to promote the general health, welfare, morals' and safety of the
community. In consideration for the necessity on the: part of the City to
provide numerous services to all segments of the community, without a
concentration of public services in one area working to the detriment of the,
members of the general public, it is hereby decided that the number of
licenses issued pursuant to this ordinance for massage parlors, saunas, rap
parlors, conversation; parlors, adult encounter groups, adult sensitivity
groups, escort services, model services, dancing services, hostess services or
for similar adult oriented'services which may bean force at any one time shall
be no more than a total of two such licenses. In view of the above reasons, the
City Council further finds that no new licenses as the types described shall be
issued after August 1, 1982. In the case of commercial enterprises such as
those described above which are currently licensed, such establishments
may be allowed to retain their licenses but not beyond August 1,- 1982,
provided that the establishments do"not violate the- provisions of this
ordinance and that the City Council determines that it is in the City's best
interest to renew the licenses annually as pursuant to the procedures outlined
In this ordinance.
Section 13-1145. Definitions.
(1) The term "massage" the rubbing, stroking, kneading, tapping
or lolling of. the body of another_ with the hands or objects for the
exclusive purpose of physical fitness, relaxation,',beautification and
for no other purpose..
(2) The term "masseur" means a male person who practices or admin-
isters a massage.
(3) The term "masseuse" means a female person: who practices or
administers a -massage,
(4) The term "massage parlor" means any establishment- or place
providing to the public at large massage services, other than a
hospital, sanatorium, rest home, nursing home, boarding home, or
other institution for the hospitalization or care of human beings duly
licensed. under, the provisions of Minnesota Statutes, Section 144.50
through 144.69, and other than a health and fitness club as described in
Section 13-1162 of this ordinance.
`(5) The term "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.
(6) The term "sauna" means any public facility used for the purpose of
bathing, reducing or relaxing, utilizing steam as a cleaning, reducing
or relaxing agent.
(7) The terms "rap parlor" or "conversation parlor" or "adult encounter
group" or "adult sensitivity group" means any person, establishment
or business advertising, offering, selling, trading or bartering the
services of itself, its employees or agents as nonprofessional counsel-
ors, teachers oriherapists who may talk to, discuss or haVe conversa-
tion with patrons or' who deal in any way with patron's physical senses
whether or not other goods or services are simultaneously advertised,
offered, sold, traded or bartered and regardless of whether said goods
or services are also required to be licensed.
(8) The terms "escort service" or "model service" or "dancing service"
or "hostess service" means any person, establishment or business
advertising, offering, selling, trading or bartering the services of
itself, its employees or agents as hostesses, models, dancers, escorts,
dates or companions whether or not goods or services are simultane-
ously advertised, offered, sold, traded or bartered and regardless of
whether said goods or services are also required to be licensed.
(9) The term "similar adult oriented services" is meant to include all
other services which fall within the definitions of subsections 4-8 of this
section but are operated under different names,
(10) The term "certificate" as used herein' means a certificate issued by
the City authorizing the holder thereof' to practice or administer a
massage in the City of St. Louis
Section 13-1146. License ReGquired. Subdivision 1. No person shall engage in
the business: of operating a massage parlor or massage establishment, sauna,
rap parlor, conversation parlor, adult encounter group, adult sensitivity
group, model service, escort service, dancing service, hostess service or any
other similar adult oriented service either exclusively or in connection with
any other'business enterprise or hold himself or herself out as being a
masseur or masseuse or engaged in or offering his or her services as a model,
hostess, dancer, escort or counselor in a `rap parlor, conversation parlor,
adult sensitivity group or adult encounter group without a license.
Subdivision 2. No person shall hold out any establishment as providing
' services as a massage parlor, sauna, rap parlor, conversation parlor, adult
encounter group, adult sensitivity group or model service, escort service,
dancing service, hostess service or similar adult oriented service unless such
establishment is licensed as provided in this, section. Whenever any estab-
lishment ceases to be licensed as' a massage parior, sauna, rap parlor,
conversation parlor, adult encounter group, adult sensitivity group or model
service, escort, service, • dancing, service, hostess or similar adult oriented
service, whether through the suspension, cancellation, revocation, non-
renewal or lapse of its license, its owners shall immediately remove from
public view any sign or display which identifies the establishment as being a
massage parlor, satpa, rap;parlor, conversation parlor, adult encounter
group, adult sensitivity group or as offering a model service, escort service,
dancing service,' hostess service or similar adult oriented service.
Section 13-1147. Contents of Application for License. Application for a
license shall be made only on the forms provided by the City Manager. Four
complete copies of the application must be submitted to` the City Manager's
office containing the address and legal descri tion of the property be used,
The certificate fee
and fee for the investigation' of the certificate 'shat a pal w en
application is filed. In°the event that= the certifie t denied upon
application, the certificate fee shall be' refunded, how, ver, no part of the
certificate- investigation fee shall be returned to the ap hcant In the event
surrendered, no part
that the certificate, once issued, is revoked, cancelled ore applicant unless by
of the annual certificate cate shall be returned toth
ie shall be obtained
express action of. the City Council. A separate cecertiF ate on a prominent
each year. The certificate holder shall display the certif mes A certificate,
place in the premises of the certificate bolder at all , Or which it has been
unless revoked, is for the calendar year or' a part thereof
- mistbeen
certificate
issued. The fee for the investigation for issuance of a•f the applicant..has
tendered with each new application for a certificate rmitting the holder
violated the provisions of this' ordinance. A certificate 13
thereof to practice massage is nontransferable, ^ertificate.
Section 13-1153. Conditions Governing Issuance of the oral character and
(1) Certificates shall be issued only to persons of good t€gid - free from any
repute and persons who are in good health d.
communicable disease. a of convictions of
(2) Certificates shall be issued only to'persons fr@."late cdonvictions
irectlyon the
offenses which involve moral turpitude or which r ,
person's ability, capacity or fitness to perform the titles
and discharge
the responsibility of the occupation.
(3) Certificates shall not be issued to persons who, within one year prior to
the' date of application, have been denied certification licensing or who
has had his or her certificate or license revoked Or suspended by any
community political entity or by the State of Minnesota.
(4)Certificates shall be issued only to persons who have fully and truthfully
requested in the application and have
answered all of the information
paid the full certification fee and certification investigation fee.
(5)Certificates shall be issued only to persons 18 years of age or older.
Section 13-1154. Granting or Denial of Llcenses and Certificates. License
applications and certificate applications shall be reviewed by the Police
Department, Inspection Services Department, Planning Department, Fire
Department, and such other departments as the City Manager shall deem
necessary. The review of license applications shall indiude an' inspection of
the premises covered by the application to determine whether the premises
conformto all applicable code requirements. Licenses shall be issued upon
the :approval of Lhe City Council only after a public hearing has been
conducted. of the City of St.
The general provisions of Chapter 2 of the Ordinance CodeY
Louis Park relating to the issuance of licenses shall govern except as they are
inconsistent or in conflict with the provisions of this Ordinance. A license
permitting the conduct of an establishmegt offering services as a massage
parlor, sauna, rap parlor, conversation parlor, adulteilcounter group,.adult
sensitivity; group, escort service, model service, donning service, hostess
service or other similar adult; oriented service is nontransferable and
nonrenewable, and application must be made each Year for a license
permitting and allowing the conduct of such business for the succeeding year.
A certificate permitting the holder thereof to practice or administer
massage commercially is nonrenewable and nontransferable and application
must be made each` year for• a certificate permitting anti allowing the holder
thereof to administer or practice massage for theaucceeding year.
Section 13-1155. Restrictions and Regulations.: or cots or officers
(1) The licensee and any persons in his or her employ g f
thereof and any and all persons with an interest in said business shall
comply with all applicable ordinances, regulations and laws of the City
of St. Louis Park, the State of Minnesota, and the United States.
(2) If the licensee is a partnership.or corporation, the applicant shall
designate a person to be manager and in responsible charge of the
business and employees. Such person shall remalnresponsiblefor the
conduct of the business and employees until a190the! suitable person
11
tion fee for the purposes of issuing a certificate is $100 Ob b d h the
the name, address and telephone number of the owner, lessee if an and th
-operator -or manager; -the name; address- and -telephone Theofmanager'sa, two
has been designated In -writing by the licensee. The licensee sha
promptly notify the police department in writing of any such change,
indicating -the --name,address and telephone number of the new
-nranagern4o the effective date of such change. sent to an examine' Every li nle shall be deemed to have; given cOP
tion and inspection of every part of the premiso8fatalltti allowysan
police, fire or healthuthority of the City.e lice, fire or heap
inspection or to answer the request of City @P
lice,
to be admitted to a licensed premises shall be grounds fo
suspension or revocation of all licenses.
(4) The licensed premises shall not be open for business nor shall patrons
be permitted on the premises between the hours of 8:00 p.m. and 8:00
a.m. on any day.
(5) Upon demand of any police officer, any per§en employed in any
licensed premises shall identify himself by giving his true legal name
and his correct address,
(6) No person under 18 years of age shall be employed in an establishment
requiring a license under the provisions of this Ordinance.
(7) The licensee shall furnish the Police Department with a list of current
employees, indicating, their names and addressee and designating the
duties of the employees within the licensed Of Mises. The licensee
shall promptly notify the Police Department of any additions or
deletions in the list of employees or changes in their Job descriptions or
duties.
(8) Each licensee shall keep on the licensed premwmces hnd for eac
shall contain
licensed premises an occupancy or guest registe' of each patron of the
the true correct name; address and phone number of each or aggents of,
licensed premises. Each licensee, his or her employees
or es herself
them shall require each patron to identify himap y such
sufficient identification showing the true corre(j name, address and
phone number of said patron. The occupancy reggester or guest register
shall be maintained on the licensed premises aftd open for inspection
by officers, employees/and agents of the City ,of St Louis Park, the
State of Minnesota, the United States government and must be
maintained for a period of not less than two yea"r.,ained in a sanitary
(9) The licensed' premises must be kept and maintained
condition defined as being free from the vegetatl?'e cells of pathogenic
also be maintained in a sanitary condition de l
microorganisms and all equipment, personal l3foperty, tables, beds,
towels, clothing and the like used in or for the lipensed premises shall
ned herein.
(10) No licensee shall employ any person as a massed or masseuse without
first insuring that said employee possesses a valid certificate for the
administration or practice of massage, except ea otherwise;provided
in is ordinance.
(11) Every persoo to whom a certificate is issued shall. appear personally at
the police department to receive delivery of the certificate and upon +.
such appearance, shall be photographed for identification purposes.
One copy of the photograph shall be permanently affixed to the
certificate and a second copy thereof shall be Bent in the files of the
Police Department.
(12) Except as otherwise provided in this ordinance, Any person acting as a
masseur or masseuse shall have his or her certificate displayed in a
prominent place at his or her place of employment -and upon demand
by any police officer or other authorized officer er agent of the City of
St. Louis Park, any person engaged in pradtieing massage shall
identify himself or herself giving his or her true legal name, correct
address and phone number.
(13) Except as otherwise provided in this ordinance, Any person practicing
massage within the City of St. Louis Park shall iliitially advise the City
of his or her address and telephone number' and shall further advise
the City of any changes, in address or telephone ilumberwithin 30 days
of such change.
(14) Except as otherwise provided in this ordinance, it is unlawful for a
masseur to practice massage upon any person elicept a male and for a
masseuse to practice massage on any Person exfept a female.
(15) Any masseur or masseuse practicing massa h shall remain fully
r;
rt
d
e
n
8
r '
s
g
a
e
y
g
k
equipped with hot and cold running water. under Pressure, sanitary
towels and a soap dispenser.
(4) All rooms in the licensed premises including, but not limited to,
massage rooms, sauna rooms, restrooms, bathrooms, rap rooms,
conversation rooms, modeling rooms, dancing rodms, janitor's closets,
hallways and reception areas shall be illuminated with not less than 30
foot candles of illumination.
(5) Each licensed premises shall have a janitor's closet which shall provide
for the storage of cleaning supplies.
(6) Floors, walls and equipment in massage reams, sauna rooms,
restrooms, bathrooms, rap rooms, conversatlOn rooms, modeling
rooms and dancing rooms must be kept in a state of good repair and
sanitary at all: times. Linen and other materials shall be stored at least
12 inches off the floor. Clean towels, washcloth§ and linens must be
available for each customer utilizing the sauna 01' §hoover facilities.
(7) Individual lockers shall be made available for ilse by patrons. Such
lockers shall have separate keys for locking.
(8) Such establishments shall provide adequate refuse receptacles which
shall' be emptied as required.
(9) There shall be no doors, curtains or other nontran§Parent coverings to
the individual massage rooms, rap rooms,conversation rooms, mod-
eling rooms or dancing rooms. Ail Interaction betWeenemployees and
customers shall: take place solely in the aforementioned areas.
section` 13-1157. Health and Disease Control No person while afflicted with
any disease in a communicable form or while a carrier of such disease or
while afflicted with;. boils, infected wounds, sores or any acute respiratory
infection shall- work in or use the services of any licensed premises and no f.
person known or suspected of being afflicted with any such disease or
condition shall be employed or permitted in such area or capacity.
Section 13-1158. Revocation, Suspension or Nonrenewal of: License. The
license may be revoked, suspended or not renewed by the Ctiy Council upon
recommendation of the City Manager by showing that the licensee, its
owners, managers, employees, agents or any other interested parties have
engaged in any of the following conduct:
(1) Fraud, deception or misrepresentation in connection with the securing
of the license.
(2) Habitual drunkenness of intemperance in the use of drugs including, but
not limited to, the use of drugs defined in Minnesota Statutes, Section
618:01, barbltuates, hallucinogenic drugs, amphetamines, benzedrine,
dexedrine or other sedatives, depressants, stimulants or tranquilizers
(4) Engaging in conduct involving moral turpitude or permitting or
allowing others within their employ or agency to engage in conduct
' involving moral' turpitude' or failing to prevent agents, officers, or
(employees in engaging in conduct involving moral turpitude.
5) Failure to fully comply with any requirements of the ordinances of the
City of St. Louis Park regarding sanitary and safety conditions, zoning
requirements, building code requirements or ordinances, the violation
of which involves moral turpitude, or failure to comply fully with any
requirements of this ordinance.
(6) Conviction of an offense involving moral turpitude by any court or
competent jurisdiction,
(7) Operation of the establishment without a valid license or during periods
in which the license has been suspended or revoked.
(8) Engaging in any conduct which would constitute grounds for refusal to
issue a license herein. ,
The licensee may appeal such suspension, revocation or nonrenewal to the
City Council. The Council shall consider' the appeal at the next regularly
scheduled Council meeting on or after ten days from service of the notice of
appeal to the City Manager. At the conclusion of the hearing, the Council may
order:
(1) That the revocation, suspension or nonrenewal be affirmed.
(2) That the revocation, suspension or nonrenewal be lifted and that the
license be returned to the license holder.
(3) The City Council may base either suspension or issuance of the
certificate upon any additional terms, conditions and stipulations which
they may, in their sole discretion, impose.
Section 13-1159. Revocation, Suspension or Nonrenewal of Certificate,
ertification may be revoked or suspended by the City Manager or not
renewed by the City Council for any of the following:
(1) Fraud,' deception or misrepresentation in connection with the securing
of certification,
(2) Habitual drunkenness or intemperance in the use of drugs including,
but not limited to, the use of drugs defined in Minnesota Statutes,
Section 618.01,: barbituates, hallucinogenic -drugs amphetamines
Section 13-1161. Massage Distinguished. The practice of massage is hereby
declared' to be distinct from the practice of medicine, surgery, osteopathy,
chiropractic, physical therapy or podiatry, nurses who work solely under the
direction of any such persons, athletic directors and trainers are hereby
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 purpose of beautification only shall' be exempt from the
provisions of this section,'
Section 13-1162. Exceptions. This ordinance does not apply to bona fide
health/sports establishments which meet the following criteria:
(1): The establishment has conducted business in the City of St. Louis Park'
for three years and is in good repute.
(2) The primary purpose of the establishment is health and fitness;
massage service' is subsidiary.
(3) No more than 20% of the establishment revenue is derived from
massage.
(4) The financial records of the establishment are at all times available to
the City for inspection. "
(5) The establishment has an ongoing membership which list is available to I,
City officials for inspection at any time.
Establishments which meet the above provisions shall not be required to
pay the annual license fee or investigation fee, unless specifically ordered by,
the City Council. Masseurs and masseuses employed by such establishments
are' not required to be certified under this ordinance.
In addition, this ordinance does not apply to nor include bona fide legal,',
medical, psychiatric, psychological, family or marriage counseling services',
by a' person, persons or businesses appropriately licensed by the State of
Minnesota,, by local unitsofgovernment or any other appropriate licensing
authority nor does this ordinance apply to bona fide financial counseling.
services or bona fide educational institutions completely complying with.
State and local regulations or the regulation' of any licensing authorities nor
does it apply to bona fide churches, synagogues or institutions or organized
religions or to seminars, panel discussions or group classes sponsored by,
bona fide religious institutions or educational institutions.
Secdon 13-1163. Searabilit . Every section, provision or: part of this
p Y
ordinance is declared separable from every other section, provision or part to
the extent that if any section, provision or part of this ordinance shall be held
invalid, such holding shall not invalidate- any other section, provision or part
Section 13-1164.. Penalties. Whoever does any act' forbidden by this
ordinance or omits or fails to do any act required by this ordinance shall be
guilty of a misdemeanor and upon conviction thereof by lawful authority, be
punished by a fine not to exceed $500.00 and by imprisonment not to exceed 90
days or both or any combination of either. Each day that a violation exists
constitutes a separate and distinct offense.
Section '13-1165, Liability for the Crimes of Another. Every person who
commits or attempts to commit, conspires to commit or aids and abets in the
commissions of any act constituting a violation of this ordinance or any act,
which constitutes an omission and, therefore, a violation of this ordinance,
whether individually or in connection' with one or more persons or as
principal, agent or accessory, shall be guilty of such offense and every person
who falsely, fraudulently, forcibly or wilfully induces, causes, coerces,
requires, permits or directs another to violate any of the provisions of this
chapter is likewise guilty of such offense.
Sect on 3. Penalty. Any person who violates this ordinance is guilty of a
misdemeanor and may be punished by a fine not to exceed $500 or by
imprisonment not to exceed 90 days, or both, or any combination.
Sect on 4. Effective Date. This ordinance shall take effect fifteen (15) days
after i s publication.
Adopted' by the City Council July 7, 1980.
Attest:
(s) EARL E. HANSON
Gity Clerk, .':
Reviewed for administration:
y (s) W LLIAM L. THIBAULT
h Acting City Manager
h
times during: the operation of any rrap parlor, conver`staTon pario"
adult encounter group, adult sensitivity group, Model service, esco
t service, dancing service, hostess service or similar adult oriente
service, both `employees and "customers must he and remain full
clothed in nontransparent clothing.
Section' 13-1156. Construction and Maintenance Requirements.
(1) Each licensed premises shall have a separate restroom and separat
locker room for members of each sex.
(2) All massage rooms, locker rooms, restrooms and bathrooms used i
connection therewith shall be constructed of materials, includin
ceramic tile, quarry tile, smooth finish cement Klock ' -or other simita
material, which are impervious to moisture, bacteria, mold or fungu
growth and shall be maintained in a sanitary contrition defined as bein
completely free from' the vegetative cells of pathogenic micro
organisms. The floor -to -wall joints shall be constructed to provide
sanitary cove' with a minimum radius of one inch. All equipmen
personal property, beds, towels, clothing and the like used in th
massage parlor shall be` of a sanitary design aiid kept in a sanitar
condition.
(3) All restrooms shall be provided with mechanical ventilation meetin
the ventilation requirements of the building code, a hand washing sin
Directors, all shareholders, as well as any creditors who have extended credit
for the acquisition, maintenance, operation or furnishing of the estab
lishment. All applicants shall furnish to the City, along with their applica-
tions, complete and accurate documentation establishing' the interest of the
applicant and any other person having an interest in the premises upon which
the building'is proposed to be located or in the furnishings thereof.
Documentation shall be in the form of a lease, deed,_ contract for deed,
mortgage deed, mortgage,' credit arrangement, loan agreements, security
agreements and any other documents establishing the interest of the
applicant or any other person in the operation, acquisition or maintenance of
the enterprise offering services as a massage parlor, sauna, rap parlor,
conversation parlor, adult encounter group, adult sensitivity group,model
service, escort. service, dancing service, hostess service or similar adult
oriented service. The application shall also' contain blueprints, diagrams,
plans, layouts, and the like, showing the construction, revision, remodeling,
alteration or additions of or to the premises and specifically showing the
layout, design and arrangement of the bathing and restroom facilities and the
size and type of equipment and facilities to be used. All applicants` shall state
any other licenses for which they have applied within the last ten years and
any denial, or' revocation of a license along with an explanation of
any such denial, suspension or revocation.
Section 13-1148. License Fee, License Investigation and License Year. The
annual license fee is $1,500.00 and the annual fee for the investigation for the
purposes of issuing a license is $1,500.00. The license fee and' fee for the
investigation of the license shall be paid when the application is filed. In the
event that theyllcense is denied upon application, the license fee shall be
refunded; however; no part of the license investigation fee shall be returned
to the applicant. In the eventthat the license once issued is revoked, cancelled
or surrendered; no part of the annual license fee or fee for the investigation
for the issuance of a license shall be returned, to the applicant: unless by
express action of the CityCouncil. A separate license shall be obtained each
year for each place of business. The licensee shall display the license on a
prominent place in the licensed premises at all times. A license, unless
revoked, is for the calendar year or a part thereof for which it has been
issued. The fee for the investigation for issuance of a license must be tendered
with each new application for a license if the establishment has violated the
provisions of this ordinance'or if the police department has received an
inordinate number of complaints concerning the establishment or 3f. the City
Council should act requiring; that the investigation fee be paid.. The
investigation fee must also be paid at any time when there is a proposed
change of ownership or reapplication for a license wherein additional or
different parties other than the original licensee and parties are proposing to
be licensed. All licenses granted herein are non -transferable.
Section 13-1199. Conditions Governing Issuance of a License.
(1) Licenses 'shall be: issued only if the applicant or all of its owners,
managers, employees, agents or interested parties are persons of good
moral character and repute,
(2).Licenses shall be issued only If the applicant and all of 'its owners,
managers, agents, employees or interested parties are free of convic-
tions 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 responsiblities of the licensed activity.
(3); Licenses shall: be issued only to applicants who have not, within three
years prior to the date of application, had a license of this type revoked
or suspended in or by any community' or political entity and whose
owners, managers, or any interested parties have' not been similarly
revoked or suspended.
(4) Licenses shall be issued only to applicants who have answered fully and
truthfully all of the information requested in the application, who have
paid the full license fee and fee for investigation and have cooperated
fully and truthfully with the City in the review of the application.
(5) If the applicant is a natural person, a license shall be granted only if
such person is 18 years of age or older.
(6) Licenses may only be granted when the premises invotved are in
complete conformity with the zoning code of the City of St. Louis Park.
(7) Licenses. shall be granted only to establishments which" meet the safety,
sanitary and building code requirements of the City of St. Louis Park.
(8) A license shall not 13e granted if granting the license (a) would be
inconsistent with the comprehensive development plans of the City of
St. Louis Park or (b) would otherwise have a detrimental effect upon ,C
other property or properties in the vicinity.
Section 13.1150,: Certificate Required,' No person shall engage in or hold him
or herself out as being engaged in the practice of massage nor shall any
person administer or practice massage commercially or for hire, or for the
exchange of any valuable consideration without first having obtained a
certificate as herein provided except that a certificate shall not be required
for any person: who is currently registered by the State Board of Medical
Examiners or except as elsewhere provided in this ordinance.
Section 13.1151.:. Contents of the Application for Certificate. Application
shall be made only on forms provided by the City Manager. The application
shall include the following information together with any other information
which the City Manager may require:
(1) Evidence of the applicant's education qualifications, including originals
or certified copies of degrees, diplomas or certificates, if any.
(2) Evidence of applicant's practical qualifications to practice massage.
(3) Evidence that the applicant is of good moral character. r
(9) The names and addresses of two persons, residents of Hennepin County, r
who can attest to the applicant's character.
n
otice Whether the applicant has ever been convicted of a crime or offense
and, if so, information as to the time, place and nature of such crime or
offense.
(6) Evidence in the form of a current certificate from a licensed physician
practicing in Minnesota indicating (a) that, within the past 30 days he
has examined the applicant, and (b) that such examination was for the
purpose of determining whether applicant had any communicable
disease and (c) that as a result of such examination he believes that
applicant is not suffering from any communicable disease. o
(7) Evidence that the applicant is at least 18 years of age. m
Section 13-1152. Certificate Fee, Certificate :Investigation Fee and m
Certificate Year. The annual certificate fee shall be $50.00 and an investiga- th
benzedrine, dexedrine or other sedatives, depressants, stimulants or,
tranquilizers.
(3) Conduct, inimical to the interests of the public health, safety, welfare or
(4) Engaging in conduct involving moral' turpitude.
(5) Failure to fully comply with the requirements of this ordinance.
(6) Conviction of an' offense involving moral turpitude.
The certificate holder may appeal such suspension, revocation or non
enewal to the City Council. The Council shall consider the appeal at the next
egularly scheduled Council meeting on or after ten days from service of the
Lice of appeal to the City Manager. At the conclusion gf the hearing, the
Council may order:
(1) That the revocation, suspension or nonrenewal be affirmed.
(2) That the revocation, suspension or nonrenewal be lifted and that the
certificate be returned to the certificate holder.
(3) The City Council may base either suspension of issuance of the"
certificate upon any additional terms, conditions and Stipulations which
they may, in their sole discretion, impose.
Section 13.1180. Prohibited Acts. Except as provided, elsewhere in this
rdinance, no employer shall employ a person 10,practioe or administer
assage nor permit, suffer or allow a person to practf�Fce or: administer
assage unless that person has` been granted a valid cartif,cate pursuant to
is ordinance and every employer shall' require that the certification be
rominently, and openly displayed on the premises in
plain yiew.
(s) PHYLLIS W. McQUAID
Mayor
Approved as to form and legality:
(s) WAYNE G. POPHAM
City Attorney
(July 16, 1980) -SLP