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HomeMy WebLinkAbout6227 - ADMIN Resolution - City Council - 1979/03/13f 1 1 March 12, 1979 8a RESOLUTION NO. 6227 A RESOLUTION RELATING TO THE APPLICATION OF ANDERECK & JOHNSON INVESTMENT CORPORATION, DOING BUSINESS AS "THE BODY SHOPPE", FOR A RENEWAL OF A LICENSE TO OPERATE A SAUNA BE IT RESOLVED by the City Council of the City of St. Louis Park, as follows: Findings 1. An application for renewal of a license to operate a sauna within St. Louis Park, Minnesota has been filed by Andereck & Johnson Investment Corporation ("Applicant"), doing business as "The Body Shoppe". 2. Full and fair opportunity for hearings before the St. Louis Park City Council were afforded the Applicant; Ms. Sandra Johnson did appear before the City Council on two occasions, on February 5, 1979 and again on February 20, 1979, on behalf of the Applicant, regarding the application, at which times Ms. Johnson presented evidence in favor of the applica- tion and responded to questions from members of the City Council. 3. The attorney for the Applicant appeared before the City Council on February 20, 1979 to present evidence and argu- ments in favor of his client's application. 4. The regulation of saunas within City limits, as authorized by Ordinance § 13-1144 of the Code of St. Louis Park, is vital to the preservation of the health and welfare of the citizens of St. Louis Park. The City Council recognizes that its regulation of saunas is necessitated by the special problems of health and welfare presented by this form of busi- ness, including but not limited to problems of cleanliness and disease, prostitution, employee treatment, working conditions, and the unauthorized practice of certain licensed professions. It is the intent of the City Council to fairly regulate all saunas so that legitimate services to the public may be pro- vided and abuses of this form of business minimized. 5. The inquiry into the renewal of the license of The Body Shoppe reflects the concern of the City Council for the full, fair and proper enforcement of licensing requirements generally, and has been undertaken without according special treatment to any particular applicant. 6. During the past year, an employee of The Body Shoppe was convicted of prostitution, a fact admitted by the Applicant 1 during her two hearings before the City Council. That crime was committed in connection with employment at The Body Shoppe. 7. The City Council notes, but does not use as a basis of its conclusion regarding this license application, that a second employee has been arrested for a separate act of prostitution, with trial pending. Ms. Johnson indicates that this employee has been suspended from employment. 8. The City Council finds that its licensees must take active, firm and affirmative measures to safeguard their establishments against abuses or problems which might arise in operating a sauna, including but not limited to prostitution. 9. The City Council finds that the applicant has failed to institute programs or rules to prevent such abuses, even after the conviction of an employee for prostitution. 10. The City Council finds that the lawful and legitimate purposes for the operation of a sauna within City limits are further cast in doubt, while rendering this business more sus- ceptible to prostitution, by the following facts: a. The Applicant hires only female masseuses; b. The employees lack training in massage and there is no responsible program to afford legitimate and competent instruction in massage during work hours; c. The employees earn only $2.50 to $3.50 per day, based on Ms. Johnson's estimates that the establishment em- ploys six to eight masseuses per day, averages ten customers per day, and 2 pays its masseuses, only $2.00 of the $15.00 charge for massage. 11. The inadequacy of supervision,', training, regulation and compensation of employees by the Applicant indicates a likelihood that abuses such as prostitution Will'cont1inue. The renewal of this application pose's a real�and present threat to the health and welfare ,of the citizens of St. Louis Park. Conclusion The application of Andereck Corporation is denied. - Attest: & Johnson Investment Adopted by the City Council on March 12, 1979. ""' City erk Reviewed for Administration: 3 Mayor Reviewed as to form and legality: ity'Attorney