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1981-17Bi11 1981-17 A1`~iENDMENT TO CHAPTER V, PART II AND APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: I. Chapter V, Part II of the Ordinance Code of the City regu- lating certain recreational activities is hereby amended by adding thereto the following new Section 5.261 to read as follows: "5.261. Regulation of Public Baths. Subdivision 1. Definitions. As used in this ordinance, the terms defined in this subdivision shall have the meanings ascribed to them: (1) "Bath" means a container or receptacle designed to hold water and in which the human body may be entirely or partially immersed for the purpose of bathing, cleaning, or relaxing. The term does not include a sauna as defined in Section 5.25 of the Code. The term does not include any device which is being used under the direction of a doctor, chiropractor, nurse or licensed physical therapist for the purpose of physical therapy. (2) "Public Bath" means a facility open to the public or operated as a club where, for a consideration one may use a bath. The term public bath does not include baths located at primary or secondary schools. Subdivision 2. License Required. (1) It is found and determined that the type of business activity subject to licensure under this section is particularly subject to abuse which may take a number of forms contrary to the morals, health, safety and general welfare of the community. Further, it is found that control of these abuses requires intensive efforts of the public safety department as well as other departments of the city. These efforts may exceed those which are required to control and to regulate other business activities licensed by the city. This concentrated use of city services tends to detract from and reduce 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. The number of public bath licenses which may be in force at any one time shall be one. (.2) No person shall operate or engage in the business of operating a public bath exclusively or as a substantial part of a business enterprise without being licensed as provided in this section. (3) No person shall hold out any establishment as providing public bath services unless such establishment is licensed as provided in this section. Subdivision 3. Contents of Application. Application for a license shall be made only on forms provided by the city manager. The application shall contain a description of the property to be used, the names and addresses of the owner, lessee, if any, and the operator or manager, the names, residences and addresses of two persons, residents of Hennepin County, who may be referenced to as the appli- cant's, the manager's or operator's character, whether the applicant, manager or operator has ever been convicted of a crime or offense other than a traffic offense, and if so, information as to the time, place and nature of such crime or offense; and such other information as the city manager may require. If the application is made on behalf of a cor- poration or a partnership, it shall submit along with its applications, its business records showing the names and addresses of all individuals having an interest in the busi- ness, and, in the case of a corporation, the names and addresses of the officers. The application shall describe the manner in which the premises will be furnished and the equipment available for use by patrons. All applicants shall furnish to the city, along with their application, documents establishing the applicant's interest in the premises on which the business will be located. Documenta- tion shall be in the form of a lease, a deed, a contract for deed or any other document which establishes the applicant's interest. Subdivision 4. License Fees and License Year. (1) D of this cation is or in the cancelled fee shall action. The annual Code. The filed. In event that suspended be returne~ license fee is as provided in Appendix license fee shall be paid when the appli- the event that the application is denied the license once issued is revoked, or surrendered, no part of the annual 3 to the applicant unless by council (2) At the time of each original application for a license, the applicant shall also pay a minimum invest- igating fee. This minimum fee shall be as provided in Appendix D of this Code. If the expenses of the invest- igation relating to any application exceed the minimum investigating fee, the city shall notify the applicant of this fact and shall require the applicant to pay such additional investigating fees as the City Manager deems necessary to complete its investigating of the applicant. 2. _ - The applicant shall pay such. an additional investigating fee within five (5) days of being so notified. If such additional investigating fee is not paid within such five- day period, the city shall discontinue consideration of the application. (3) A separate license shall be obtained for each place of business. The licensee shall display the license in a prominent place in the licensed business at all times. A license, unless revoked or surrendered, is for the calendar year or part thereof, for which it has been issued. Subdivision 5. Granting or Denial of Licenses. License applications shall be`reviewed by the public safety department, community development department, and such other departments as the city manager shall deem necessary. The review shall include any inspection of the premises covered by the application by the inspection division and fire division to determine whether the premises conforms to all applicable code requirements. Recommendations shall be made in writing to the city manager. Thereafter, licenses shall be granted or denied by the city manager subject to the provisions of this. section. The applicant may appeal to the city council from the manager's decision. Subdivision 6. Conditions Governing Issuance. (1) No license shall be issued if the applicant or any of its owners, managers, employees or agents is a person of bad repute. (2) Licenses shall be issued only if the applicant and all of its owners, managers, employees and agents are free of convictions for offenses-which involve moral turpitude or which relate directly to such person's ability, capacity or fitness to perform the duties and discharge the responsibilities of the licensed activity. (3) Licenses shall be issued only to applicants who have not, within one year prior to the date of appli- cation, been denied licensure; or who have not within such period had their license revoked. (4) Licenses shall be issued only to applicants who have provided, fully, all of the information requested in the application, have paid the full license fee, together with all other fees required, and have cooperated with the city in 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. 3. (_6) Licenses may be granted only for locations in the general commercial districts. A license shall not be granted for any property which abuts upon property located within a residential district. Properties shall be deemed to abut if they are separated only by a public alley, but not if they are separated by a public street. (7) Licenses shall be granted only to establishments which meet all applicable code requirements of the city and which have obtained a special use permit pursuant to Section 3.33 of this Code. (8) A license shall not be granted if granting the license -(a) would be inconsistent with the comprehensive development plans of the city, or (b} would otherwise have a detrimental effect upon other property or proper- ties in the vicinity. Subdivision 7. Restrictions and Regulations. (1) The licensee and the persons in its employ shall comply with all applicable regulations and laws of the city and state relating to safety and morals. (2) If the licensee is a partnership or a corpor- ation, the applicant shall designate a person to be manager and in responsible charge of the business. Such a person shall remain responsible for the conduct of the business until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the public safety department in writing of any such change indicating the name and address of the new manager and the effective date of such change. - (3) The licensee shall furnish the public safety department with a list of current employees indicating their names, addresses and dates of birth. The licensee shall promptly notify the public safety department of any change in the list. (4) The licensed premises shall be closed at 10:00 p.m. each day and shall not open until 9:00 a.m, on week days or until 12:00 noon on Sundays. (5) The licensee shall permit and allow the inspec- tion of the premises during business hours by all appropriate city employees. (6) Upon demand by any police officer any person employed in any licensed premises shall identify himself by giving his true legal name and date of birth and his correct address. 4. (.7) No person under 18 years of age shall be employed in an establishment requiring a license under the pro- visions of this ordinance. (8) The licensee shall take all necessary .steps to prevent the consumption or possession of alcoholic beverages and controlled substances on any part of the premises by either customers or employees. (.9) The licensee shall refuse to accept as a customer any person obviously under the influence of alcohol or drugs. (10) No person shall be permitted to bathe nude or in a bath or in a room which is also occupied by a person of the opposite sex, including employees of the licensee. (11) No employee of the licensee shall be permitted to scrub, massage, wash, or apply lotion to any customer. {12) No part of the licensed premises may be used for sauna or massage activities as those terms are defined in Section 5.25 of this code. (13) The licensee shall have at least one person on the premises during business hours who holds a currently valid CPR certificate from the American Red Cross or comparable organization. (14) The furnishings to be located on the premises or the equipment available for patrons shall not be modified from the descriptions contained in the application without the prior approval of the City. Subdivision 8. Construction and P~aintenance Require- ments. (1) All bathing rooms and all restrooms and bath- rooms used in connection therewith shall be constructed of materials which are impervious to moisture, bacteria, mold or fungus growth. The floor to wall and wall joints shall be constructed to provide a sanitary cove with a minimum radius of one inch. (2) All restrooms shall be provided with mechanical ventilation with 2 cfm per square feet of floor area, a hand washing sink equipped with hot and cold running water under pressure, sanitary towels and a soap dispenser. (3) All rooms in the licensed premises including, but not limited to bathing rooms, restrooms, bathrooms, janitor' s closet, hallways, and reception area shall be 5. illuminated with not less than 30 foot candles of illum- ination. (4) Each establishment shall have a janitor's closet which shall provide for the storage of cleaning supplies. Such closet shall have mechanical ventilation-with 2 cfm per square foot of floor area. Such closet shall include a mop sink. (5) Floors, walls and equipment in bathing rooms and in restrooms and in bathrooms used in connection therewith must be kept in a state of good repair and clean at all times. Linens and other materials shall be stored at least 12 inches off the floor. Clean towels and wash cloths must be made available for each customer. (6) Individual lockers shall be made available for use by patrons. Such lockers shall have separate keys for locking. (7} Such establishments shall provide adequate refuse receptacles which shall be emptied as required. (8) The doors to the individual dressing and bath- ing rooms shall not be equipped with any locking device and shall not be blacked or obstructed from either side. (9) Baths shall be completely drained and cleaned after each use Th t . e wa er supply shall be from the city water system and shall be protected from cross-connections. (10} Materials used for the baths and bath shell shall be kept light colored, smooth, easily cleanable, and shall not be capable of cutting, pinching, puncturing or abrading the user. The shell shall be at all times maintained in a safe and sanitary manner. (11) The maximum bath depth shall be 4 feet measured from the water line. (12) The maximum depth of any seat or sitting bench in the bath shall be 2 feet measured from the water line. (13) Each bath shall have at least one handrail. Steps or stairs shall be provided when depths are greater than 2 feet. (14) A deck shall extend around the bath at least 4 feet in width on at least 2 sides. The deck shall be slip resis- tant, free from hazards and drain properly. (15) The inlets and outlets must be designed to allow for uniform circulation. Outlets except skimmers, on pump suction shall be covered with suitable anti-vortex grates 6. - provides one of the following alternatives: (a) Two outlets whose pipe diameter sizes are equal (-this may be two outlet drains or an outlet drain and a skimmer). The system shall be designed so that neither one of the two outlets can be cut out of the suction line by valve or other means. (b) Provide a grate of at least one square foot. (c) Provide other approved means that guard against outlet entrapment. (16) Both outlets shall be designed so that each purlping system in the bath, include filter and boosting systems. (17) All overflows shall be handled in a sanitary and safe manner. (18) The ph of the bath water shall be kept between 7.2 and 7.8. (19) The maximum temperature of the bath water shall be 105 degrees Fahrenheit. A thermostatic control for the :water shall be required. (20) A sign containing the following precautions shall be permanently located so as to be clearly visible from any bath: CAUTION 1. Elderly persons and persons suffering from heart disease, diabetes, high or low blood pressure, should not enter the bath. 2. Unsupervised use by children is prohibited. 3. Do not use while under the influence of alcohol, anticoagulants, antihistamines, vasoconstrictors, vasodilators, stimulants, hypnotics, narcotics or tranquilizers. 4. Observe a reasonable time limit, then shower, cool down, and if you wish, return for another brief stay. Long exposure may result in nausea, dizzi- ness or fainting. (21} No furniture which is designed for sleeping purposes shall be allowed on the licensed premises except a single first-aid and emergency cot. Subdivision 9. Liability Insurance. (1) Prior to the issuance of a public bathhouse license, the applicant shall file with the city clerk a 7. liability insurance policy providing coverage of at least $200,000 and $500,000. (.2) The policy shall provide that no cancellation for any cause shall be made by either the insured or the insurer without first giving written notice of such cancellation to the city at least 30 days prior to the effective date of the cancellation. (3) The policy shall further provide that no pay- ment of any claim by the insurance company shall in any manner decrease the coverage provided for in respect to any other claim or claims brought against the insured or the insuring company. (4} The policy shall be subject to approval by the city attorney as to form and execution and shall be issued by companies who are duly licensed to do business in the State of Minnesota. The policy, when approved, shall be deposited with the city clerk. Subdivision 10. Revocation and Sus ens-ion 'of License. The license may be revoked, suspended or not renewed by the city manager upon a showing that the licensee, its owners, managers, employees or agents have engaged in any of the following conduct: (1) Fraud, deception or misrepresentation in connection with the securing of the license. {2) Habitual drunkeness or intemperance in the use of drugs including, but not limited to, the use of drugs defined in either 26 USC S 4731 or Minnesota Statutes, Section 618.01, barbiturates, 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 Subdivisions 7 and 8 of this section. (6) Conviction of an offense involving moral turp- itude by any court of competent jurisdiction. (7) Engaging in any conduct which would constitute grounds for refusal to issue a license under Subdivision 6 of this section. (8) Failure to keep the insurance required by Subdivision 9 of this section in full force and effect. 8. ~\ - The licensee may appeal such suspension, revocation, or non-renewal to the city council. The council shall consider the appeal at the next regularly scheduled council meeting on or after 10 days from service of the notice of appeal upon the City Clerk by the certificate holder. Hearing on the appeal shall be open to the public and the licensee shall have the right to appear and be represented by legal counsel and to offer evidence in behalf of certification. At the conclusion of the hearing the council may order: (1) The revocation, suspension or non-renewal of the license. (2) That the revocation, suspension or non-.renewal by the city manager 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 their sole discretion impose. 0 Subdivision 11. Every person who commits or attempts to commit, conspires to commit, or aids or abets in the commission 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 such offense, and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any of the provisions of this ordinance, is like- wise guilty of such offense." II. Appendix D, Section 5 of the Ordinance Code of the City of Richfield establishing fees for various licensed activities is hereby amended in the following respects: A. The following new paragraph (.11) is inserted after the existing paragraph (10): "(11) Public Baths Investigation Fee Passed by the City Council this 14th day of September , 1, 500 1,500" B. The Current paragraph (11) is hereby renumbered (12). ATTEST: 5.261 l yr. 5.261 Actual Cost, Minimum of the City of Richfield, Minr}esota, 1981. - -. onald Priebe,,,, ~~yor Syr is Bergh, City Cleo 9. I~ `f ~, L_~ SUN NE~'6~SPAPERS AFFIDAVIT OF PUBLICATION RIC~IFIELD SUN 9615 Lyndale Avenue South Bloomington, Minnesota 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 Richfield 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 Richfield in the County of Hennepin, and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer 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 ~j-~-~- 1-~~~-~~-7 hereto attached as a part hereof was cut from the columns of said newspaper; and was printed and published therein in the English language, once each week, for t171P successive weeks; that it was first so published onthe 1.1. day of N®V 19~- and was thereafter printed and published on every to and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopgrstuvwxyz ~ //!'j *~~~ Subscribed and sworn to before me this 1-~. day of PSOV 19 ~ 1 ~'1,i1 ~:~~ ~~ , i~P.~sa~~ er~ ~~. I E'~rrv r,~,+ v"nAh ~~ ~..,__.__. ~ .yorn~.~r r~zuc a!w~s6od?6~VA ~~'~` HENNEPW CGIhVTY My commission expires July 2, 1986 (Official Publication ) LEGAL NOTICE Bi111981-17 AMENDMENT TO CHAPTER V, PART II AND APPENDIX D OF THE • ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DUES ORDAFN: f. Chapter V. Part II of the Ordinance Code of the City regulating certain recreatioppel activities is hereby amended by adding thereto the following new Section 5.261 to read as follows: "5.261. Regulation of Public Baths. Subdivision t. De/initions. As used in this ordinance. the terms defined in this subdivision shall have the meanings ascribed to them: (1) `'Bath".means a container or receptacle designed to' hold water and in wn'lch the human body may be entirely or partially immersed for the put;ppse of bathing, cleaning. or relaxing. The term does not include a saltn'a as defined in Section 5:25 of. the Code. The term does not include an~V device which is being used under the direction of a doctor, chiropractor, nurse or licensed physical therapist for the purpose of physical therapy. (2) Public Bath" means a facility open to thepublic or operated as a club where, for a consideration one may use a bath. The term public bath does not include baths located at primary or secondary schools. ' Subdivision 2. License Required. (1) It'i3.tound and determined that the type of business activity subject to licensure under this section is particularlysubject to abuse which may take a numberrof forms contrary to [he morals, health, safety and general welfare of the community. Further, it is found that control o[ these abuses requires intensiv;~ efforts of the public safety department as well as other departments of the city. These efforts may exceed those which are required to control and to regulate other business activities licensed by the city. This concentrated use o[ gity services tends to detract from and reduce 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 commuri'gy. The number of public bath lieesnes which may be in force at any one time shall be one. - (2) Nb,pgrson shall operate or engage in the business of operating a public bath exclusively or as a substantial part of a business enterprise without being licensed as provided in this section. (3) Np.gerson shall hold out any establishment as providing public bath services unless such establishment is licensed as provided in this section. Subdivision 3. Contents of Application. Application for a license shall be made o61y. on forms provided by the city manager. The application shall contain~t;description of the property to 6e used, the names and addresses o[ the own@r lessee, if any, and the operator or manager, the names, residences and add'r'esses of two persons, residents of Hennepin County, who.may be referentxd, to as the applicant's, the manager's or operator's character, whether the applicant, manager or operator has ever been convicted of a crime o .offense other than a traffic offense, and if so, information as to the time, place and nature of such crime or offense: and such other information as the c1tY manager may require. If the application is made on behalf of a corporation or a partnership, it shall submit along with its applications, its business records showing the names and addresses of all individuals having an in[er~st'in the business, and, in the case of a Corporation, the names and addresse$ of the officers. The application shall describe the manner in which the premises will be furnished and the equipment available for use by patrons. All; applicants shall furnish to the city, along withtheir application, documents establishing the applicant's interest in the premises on which the business Fviil be located. Documentation shall be in the form of a lease, a deed, a contract for deed or any other document which establishes the applicant's interest. Subdivision 4. License Fees and Llcenae Year. (1) The annual license fee is as provided in Ap~ehdix D of this Code. The license fee, shall be paid when the application is filled. In the event that the application ~s denied or in the event that thelicense once issued is revoked, cancelled; suspended or surrendered, no par[ of the annual tee shall be returned tA;the applicant unless by council action. (2) A[ t~eaime of each original application for a license, the applicant shall also pay 8. tfjinimum investigating fee., This minimum tee shall be as provided in Appendix D of [his Code. If the expenses of the investigation relating to any application. exceed the minimum investigating Fee, the city shall notify the applicantQ[ this fact and shall require the applicant to pay such additional investigaE fees as the City Manages deems necessary to complete its investiga ' of the applicant. The applicant shall pay such an additional investiga6itgg fee within five (5) days of being so notified. If such additional investigat~Rg fee is not paid within such five-day period, the city shall discontinyg ~consideration oC the application. - (3) A sfparate license shall be obtained for each place of business. 7'he licensee shall display the license in a prominent place'in the licensed business at all timep3 A license, unless revoked or surrendered, is for the calendar year or part theSeof; for which it has been issued. Subdivisibn 5. Granting or Dental of Cleanses. License applications shall be reviewed 4t' the public safety department, community development depart- ment, and,9uch other departments as the city manager shall deem necessary. The review{ shall include any inspection of the premises covered by the application by the inspection division and fire division to determine whether the premises conforms to all applicable code requirements. Recbmmenda- tions shall-be made in writing to the city manager. Thereafter, licenses shall be granted or denied by the city manager subject to the provisions of this section. The applicant may appeal to the city council. from the manager's decision. i Subdivision 6. Conditions Governing Issuance. (1) No '.license shall be issued if the applicant or any of its owners, managers; employees or agents Is a person of bad repute. (2) Licenses shall be issued only if the applicant and all of its owners, managers ,employees and agents are tree of convictions For offenses which involve m~,~•al turpitude or which relate directly [o such person's ability, capacity or fitness to perform the duties and discharge the responsibilities of the licensef! activity. (3) Liceu~es shall be issued only to applicants who have not, within one year prior to thggdate of application, been deniedlicensure: or who have not within such periodshad their license revoked. (4) Lice~i(3es shall be issued only to applicants who have provided, fully, all of the information requested in the application, have paid the Full license fee, together with all other fees required, and have cooperated with the city in review of't6e application. ~licant is a natural person, a license shall be granted only it 18 years of age or older. may be granted. only for locations in the general commercial ense shall not be granted for any property which abuts upon . d within a residential district. Properties shall be deemed to separated only by a public alley, but not if they are separated (7) L7Let'lses shall be granted only to establishments which meet all applicable code requirements of the city and which have obtained a special use permit pursuant [o Section 3.33 of this Code. (8) A license shall not be granted if granting the license (a) would be inconsistent with the comprehensive development plans. of the city, or (b) would otherwise have a detrimental effect upon other property or properties in the vicinity. Subdivision 7. Restrictions and Regulatlona. (1) The licensee and the persons ;in its ..employ shall comply with all applicable regulations and laws`of the city and state relatfng ttrsatetY-and--- morals. (2) If the licensee is a partnership or a corporation, the applicant shall designate a person to be manager and in responsible charge of the business. Such a person shall remain responsible for the conduct of the business until another suitable person has been designated in writing by [he licensee. 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' as `90 = oo ~ ad ~,~~ .~~ ~.< s2 c-~ es •~_ "°' a `d mc- m 3.° »Pm°<O°~° =i ~fD °i.°•°S mS 'ems' ~ eaao° osOm me °, coo o° 3~ d0 0• d~ n• d a~ ~~_. anti ~n d~ ~~ ,~» m 3' `°„ ~ 09 oa£`pj1<°~•O~ y ~~' y~•n moi m= m m w=.a3 m<i o'o'?~~ woo d~. oa ~ v ,°<d a .03 S°+Fi mya 0', ~.o ~.y~ 2°S w° _ m~ _~, ~ ~- ~ AB. ._y.o o. °_.s°~ = w~_ »o am a» £ od~~ d»a O°' aro °, o.y ,°q,. m3 ~, m m m'o °cy •o.'O 9 ~~ ~. z m ~~.'< °-,%i_ fir' ° c£ od S ° °° b» ~°°G £o~m. P= a~o, -?,.~ c ? c '°."»~a ~-'1-; °iS o~ °o a.° d oa m° ° .'".1"9 ~ d 03 2°? ?°_,~ ~S a sa y^• a ~ ~ ?~ •efl.`,~ ~3`.<ce m N!° 79ua ~m 3m ~ S ~ca~7 s°O°'°, mw a3 mmo0 0° mw ~ .'° °,B ~ °,~ ~ Sa = f SUN NEIIVSPA.PERS AFFIDAVIT OF PUBLICATION R.ICIIFIELD SUN 9615 Lyndale Avenue South Bloomington, Minnesota 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 Richfield 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 Richfield in the County of Hennepin, and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer 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, (i3} Said (Official publication) LEGAL NOTICE Sill IBgI-11 AMENDMENT TO CRAPTER V, pgRT II AND APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDgIN: I. Chapter V, Part II of the Ordinance Code of the City regulating certain recreatl0ppgl activities is hereby amended by adding thereto the following new Secfioti-5.261 to read as follows: "5.261. Regulation of Public Botha, Subdivision i. Detinitiona. As used in this ordinance, the terms defined in [his subdivision shall have the meanings ascribed to them: (11 "Bath".means a container or receptacle designed to hold water and in which fhe human body may be entirely or partially immersed for the pptpAse of bathing. cleaning, ur relaxing. The term does not include a salihrt as defined in Section 5:25 of the Code. The term does not include any device which is being used under the direction of a doctor. chiropractor. nurse or licensed physical. therapist for the purpose of physical therapy. (2) "Public Bath" means a facility open to thepublic or operated as a club wltete. for a consideration one may use a bath. The term public bath does not include baths Located at primary or secondary schools. Subdivision 2. License Required, (1} It iS round and ~de[ermined that the type of business activity subject to licensure under this section is particularly subject to abuse which may take a numbernTforms contrary to the morals, health, safety and general welfare of the cotgtt,unity. Further, it is found that control of these abuses requires intensive efforts of the public safety department as well as other departments of the cetq: These efforts may exceed those which are required to control and to regulate other business activities licensed by the city. This concentrated use of ejty services tends to detract from and reduce 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 commurittyy. The number of public bath Iicesnes which may be in force at any one timq shall be one. - (2) No.p4rson shat! operate or engage in the business of operating a public bath excliUsively or as a substantial part of a business enterprise without being IieeOsed as provided in this section. (3) NQ ,person shall holtl out any establishment as providing public bath services,u less such establishment is licensed as provided in this section. Subdivfsion 3. Contents of Application. Application for a license shall be made olffy, on forms provided by the city manager. The. apptica[ion shall contain~.}lescription of the property to be used, the names and addresses o[ the owng~~• lessee, if any, and the operator or manager, the names, residences and adr!?eases of two persons, residents of Hennepin County, who may be referenced to as the applicant's, the manager's or operator's character, whether the applicant, manager ar operator has ever been convicted of a crime or.o(fense other than a traffic offense, and if so, information as to the time, place and nature of such crime or offense; and such other information as the city manager may require. If the applicafion is made on behalf of a corporation or a partnership, it shall submit along with its applications, its business cecords~showing the names and addresses of alt individuals having an interest in the business, and, in the case of a corporation, the names and addresse;! of the officers. The application shall describe the manner in which the premises will be furnished and the equipment available for use by patrons. All applicants shall furnish to the city, along withtheir application. documents'~establishing the applicant's interest in the premises on which the business wail be located. Documentation shall be in the farm of a lease, a deed, a contract for deed or any other document which establishes-the a pp ilea nCs "interest. Subdivision 4. License Fees and License YeAr. (1) The annual license fee is as provided in Appehdix D of this Code. The license fee halt be paid when the application is filled. In the event that the applicatippn~s denied or in the event that the license once issued is revoked, cancelled, suspended or surrendered, no part of the annual fee shall be