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HomeMy WebLinkAbout1797-89 - ADMIN Ordinance - City Council - 1989/07/17JULY 17, 1989 ORDINANCE NO. 1797-89 AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAL CODE, SECTIONS 13-1144 THROUGH 13-1165 RELATED TO MASSAGE THE CITY OF ST. LOUIS PARK DOES ORDAIN: Sec. 1. The St. Louis Park Municipal Code is hereby amended to read as attached: Massage Parlors, Saunas, Massage Therapists, Massage Therapy Establishments Section 13-1144. Statement of Policy Related to Prohibited Uses. The City of St. Louis Park deems it necessary to provide for the prohibition 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 opera- ting 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 prohibits 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 and susceptible to operation in a manner contravening, sub- verting or endangering the morals of the community by being the site of acts of prostitution, illicit sex and occasions of violent crimes. Prohibited Uses are further defined as follows: 1) 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 unless it is located in, and a part of, a bona fide health/sports establishment as defined in Section 13-1145(2). 2) The terms "rap parlor" or "conversation parlor" or "adult encounter group" or "adult sensitivity group" mean any person, establishment or business advertising, offering, selling, trading or bartering the services of itself, its employees or agents as nonprofessional counselors, teachers .or-ther-api-st-s-wno--may-i=a+k to, discuss or have conversation with patrons or who deal in any way with patrons' 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. August 1989 507.1 3) The terms "escort service" or "model service" or "dancing service" or "hostess service" mean 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 simultaneously advertised, offered, sold, traded or bartered and regardless of whether said goods or services are also required to be licensed. 4) The term "similar adult-oriented services" is meant to include all other services which fall within the definitions of subsections 1 - 3 of this section but are operated under different names. Section 13-1145. Statement of Policy Related to Permitted Uses. The following uses are permitted in St. Louis Park and no City license under Sections 12-1146 and 13-1151 is required therefor: 1) 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, licensed nurses, athletic dir- ectors and trainers are hereby expressly excluded from the provisions of City licensing. Beauty culturists and barbers who do not give massage treatment as defined herein, other than is customarily given in such places of business, for the purpose of beautification only shall be exempt from the provisions of City licensing under Sections 13-1146 and 13-1151. 2) Bona fide health/sports establishments which meet the following criteria: a) The establishment has conducted business in St. Louis Park for three years and is in good repute. b) The primary purpose of the establishment is health and fitness; massage is subsidiary. August 1989 507.2 c) No more than 20 percent of the establishment revenue is derived from massage. d) The financial records of the establishment are at all times available to the City for inspection. e) The establishment has an ongoing membership, which list is available to City officials for inspection at any time. 3) 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 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. Massage therapists employed by such establishments are not required to be licensed under this ordinance. Section 13-1146. Massage Therapist. License Required. No person shall engage in providing service as a massage therapist in the City without first obtaining a St. Louis Park license therefor except as provided in Section 13-1145. Section 13-1147. Massage and Massage Therapist Defined. 1) A massage therapist is defined in this ordinance as a person meeting the City licensing requirements of Sections 13-1148 and 13-1149 and who is employed in a St. Louis Park licensed massage therapy establishment as defined in Section 13-1152. No person shall engage in the practice of massage nor shall any person administer or practice massage commercially or for hire, or for exchange of any valuable consideration without first having obtained a license as f August 1989 507.3 herein provided except that a license 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. 2) Massage is the rubbing, stroking, kneading, tapping or rolling of the body of another with the hands or objects for the exclusive purpose of physical fitness, health-care referral, relaxation, beautification and for no other purpose. Section 13-1148. License Fee. The annual license fee for a massage therapist shall be $50. The initial application shall also include a nonrefundable $100 investiga- tion fee. Section 13-1149. Licensing Requirements. Licensed massage therapists shall be employed in facilities licensed by St. Louis Park in accordance with Section 13-1154 of this ordinance. 1) Application. A massage therapist shall apply to the City Clerk for a license to provide services by paying the license fee and by completing the City application form to include: a) The name, age and address of the applicant; b) The length of experience in this occupation and the past places of employment and position held; and c) A description of _any crime or other -offense, including the time, place, date and disposition, for which the applicant has been arrested and convicted. The license application shall thereafter be reviewed by the Police Department and such other departments as shall be deemed necessary. Such departments will submit recommendations to the City Manager who shall either grant or deny the license. August 1989 507.4 2) Educational Requirements: a) Each applicant for a massage therapist license shall furnish with the application proof of the following: i) A diploma or certificate of graduation from a school which is either accredited by a recognized edu- cational accrediting association or agency, or is licensed by the state or local government agency having jurisdiction over the school; or ii) proof of course work in the areas set forth in subsection (b) below may be in the form of notarized affidavits of the applicant and, where applicable, notarized affidavits of the applicant's supervisor or employer or the licensing authority where applicant engaged in the practice of massage. b) Each applicant shall also furnish proof at the time of application of a minimum of 64 hours of course work in the following areas: i) The theory and practice of massage including but not limited to Swedish, Esalen, Shiatsu, and/or foot reflexology techniques; and ii) anatomy including but not limited to skeletal and muscular structure and organ placement; and iii) hygiene. Section 13-1150. Term of License; Renewal. The license issued by the City for providing services as a massage therapist, unless revoked, is for the calendar year or part thereof for which it has been issued. A renewal application shall be provided by the City. Persons licensed to provide massage in beauty shops prior to enactment of this ordinance and who do not qualify to be licensed under the terms of this ordinance shall be permitted to continue the service for the balance of the license year. 1 1 August 1989 507.5 Section 13-1151. Massage Therapy Establishment. License Required. No person shall engage in the business of operating a massage therapy establishment either exclusively or in connection with any other business enterprise without being licensed by the City except as pro- vided in Section 13-1145. Section 13-1152. Massage Therapy Establishment Defined. A massage therapy establishment shall be permitted in the B-2 and I-1 Zoning Districts (Section 14-155(3)(z)) and is defined as follows: A massage therapy establishment is a place providing to the public at large massage services, other than a hospital, sana- torium, rest home, nursing home, boarding home, or other institution for the hospitalization or care of human being3duly licensed under the provisions of Minnesota Statutes 144.50 through 144.69, and other than those outright premitted used described in Section 13-1145 of this ordinance. Section 13-1153. License Fee. The annual license fee for a massage therapy establtstiment is $100. The licensee shall display the license in a prominent place on the licensed premises at all times. A license, unless revoked, is for the calendar year, or part thereof, for which it has been issued. Section 13-1154. Application for Massage Therapy Establishment License. The license appl-i-cd L i un -shall be made w i l,h-the ti ty Clerk by filing the annual license fee and by completing an application form. The application form shall contain the following information: 1) A description and location of the premises to be licensed. If the premises is not constructed and furnished at the time the application is completed, the detailed plans of the premises and furnishings shall be attached to the application. August 1989 507.6 2) Names and addresses of the property owner, the business owner, the lessee, the manager or operator and, if a corporation, all the names and addresses of the officers, directors and shareholders. 3) A description of any crime or other offense, including the time, place, date and disposition, for which any of the persons named in subsection 2 above have been arrested or convicted; and 4) A description of the services offered. The application will be reviewed by the Inspections, Police and such other departments as shall be deemed necessary. Such departments will thereafter submit their reports and recommendations to the City Manager who shall either grant or deny the license. Section 13-1155. Zoning Restrictions. Massage therapy estabfi_shments shall_ be permitted in the B-2 and _I-] Zoning Districts (Section 14-155(3)(z)). Section 13-1156. Basis for Denial. The City Manager may deny an application for transfer, renewa]_or rant of a license on the determination that the public health, safety or welfare would be otherwise adversely affected, taking into account one or more of the facts or circumstances in this ordinance. August 1989 507.7 Section 13-1157. Adverse Action; Grounds for Recission or Denial. 1) It shall be grounds for denial of the application if the applicant or persons in its employ are not complying with or have a history of violations of the laws and ordinances that apply to public health, safety or morals. 2) It shall be grounds for the rescinding of a license if the owner, manager, lessee or any of the employees is convicted of any violation, reasonably related to the—licensed activity and occurring on the licensed premises, of any ordinance or state statute. 3) It shall be grounds for rescinding any license granted under this ordinance if the premises do not comply with the health, safety and building regulations of the City of St. Louis Park and State of Minnesota. 4) An application may be denied or a license may be rescinded if the presence of such establishment is found to be detrimental to the health, welfare or safety of the citizens of the City of St. Louis Park. Section 13-1158. Construction and Maintenance Requirements. Each licensed massage therapy establishment shall be constructed in compliance with the health, safety and building regulations of the City of St. Louis Park (including Sections 13-1137 and 13-1138 and the State of Minnesota. Section 13-1159_—Mass.age_Ther_api.sts Employed in the Business(Massage Therapy Establishment). 1) ffo such business shall employ or use any person as a massage therapist unless such person is licensed by the City of St. Louis Park. 2) Any person acting as a massage therapist in any such business shall have his or her license or a true copy thereof displayed in a prominent place on the licensed premises. 3) Massage therapy establishments shall not discriminate on grounds of race, creed, color, sex, national origin or ancestry in per- forming services offered by the licensed establishment. August 1989 507.8 4) No massage therapy establishment for which a license has been granted by the City shall be open for business unless and until any massage therapists employed in the business have first complied with the licensing requirements of Section 13-1149. Section 13-1160. Business Hours. No customer or patron shall be allowed to enter the licensed premises after 8:30 p.m. and before 8 a.m. daily. No customer or patron shall be allowed to remain upon the licensed premises after 9:15 p.m. and before 8 a.m. daily. Section 13-1161.' Inspection oy City Officers and Identification of Employees. During any hours in which any person is present on the licensed premises, massage therapy establishments shall be open to inspection by City inspectors and police officers. Upon demand by any police officer, all persons engaged in providing services in any licensed premises shall identify themselves giving their true legal names and correct addresses. Section 13-1162. Separability. Every section, provision or part of this ordinance is declared separable from every other section, pro- vision 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 thereof. Section 13-1163. Violations, Penalty. Every person who commits or attempts to commit, conspires to commit, or aids or abets in the com- mission of any act constituting a violation of this ordinance whether individually or in connection with one or more other persons or as principal agent, or accessory, shall be guilty of a misdemeanor, and every person who falsely, fradulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any of the provisions of this ordinance is likewise guilty of a misdemeanor. 1 1 1 August 1989 507.9 Sec. 2. Effective Date. This ordinance shall take effect 15 days after its publication. Adopted by the City Council July 17,1989. Ma 0 6) ,/,,4„) Reviewed for administration: Approve. !y c adXdtt City Manager xecution: City orney City of St. Louis.Park Minnesota Suburban Newspapers (Offfciat•Pubbcatron) Summary AFFIDAVIT OF PUBLICATIONORDINANCE NO 1797-89 AN ORDINANCE AMENDING THE ST LOUIS PARK MUNICIPAL CODE, SECTIONS 13-1144 THROUGH 13.1165 RELATED TO MASSAGE Summary This amended ordinance creates API STATE OF MINNESOTA) three specific catgegones and definitions of massage 1) Prohibited_ses, 2) uses permitted SS outright which do notrequire a City license, (3) City licensing provisions -'for massage therapist COUNTY OF HENNEPIN) and massage therapy ettabhshments Effective Dateits ub din ce shall take effect 15 days Adopted by the City Council July 17, 1989 Gregory P t a c i n , being duly sworn on an oath says that heist LYLE w Mar (The full text of this ordinance is available from the City Clerk ) the publisher or authorized agent and employee of the publisher of the newspaper known (July 26, 1989) -SLP 411 S t . Louis Park Sailor , and has full knowledge of the facts which are stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A 02, 331A 07, and other applicable laws, as amended (B)The printed Ordinance No. 1797-89 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks, it was first published on Wednesday of J U 1 y , 19 8 9 , and was thereafter printed and published on every , the 26 day to and including , the day of , 19 , and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice a bcdefghijkl m nopgrstuvwxyz Acknowledged before me on this (ti MERIDA M HEDBLOM }'; NOTARY PUBLIC—MINNESOTA HENNEPIN COUNTY MY COMMISSION EXPIRES 7-2-92 • RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ 100 per line (Line, word, or inch rate) $ 54 4$ per line (Line, word, or inch rate) $ 49 71 per line (Line, word, or Inch rate)