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
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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. The
licensee shall promptly notify [he public safety department m wrrtinc ~r ~^•-
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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