1986-03Bil] No. 1986-3
AN ORDINANCE REPEALING SECTIONS 5.25 AND 5.26
OF THE ORDINANCE CODE OF THE CITY OF
RICHFIELD RELATING TO REGULATION OF SAUNAS
AND MASSAGE PARLORS AND REGULATION OF THE
PRACTICE OF MASSAGE, AND ADDING A NEW
SECTION 5.251 RELATING TO REGULATION OF
VARIOUS COMMERCIAL ENTERPRISES PROVIDING
ADULT-ORIENTED SERVICES.
CITY OF RICHFIELD DOES ORDAIN:
Section 5.25 and 5.26 of the Ordinance Code of the City of
Richfield, relating to regulation of saunas and massage parlors
and regulation of the practice of massage, are hereby repealed in
their entirety.
A new Section 5.251, relating to the regulation of various
commercial enterprises providing adult-oriented services, is
hereby added to the Ordinance Code of the City of Richfield, to
read as follows:
5.251 Regulation of Various Commercial Adult-Oriented Services.
Subdivision 1. Statement of Policv.
In order to protect the public health, safety and welfare
and to guard against the inception and transmission of disease,
the City Council of the City of Richfield deems it necessary to
provide for the special and express regulation of businesses or
commercial enterprises which operate as massage parlors, saunas,
rap parlors, conversation parlors, adult sensitivity groups,
adult encounter groups, personal escort services, dancing
services, hostess services and similar adult-oriented services
operating under different names. The City Council further finds
that commercial enterprises such as the type described above, and
all other similar establishments whose services include sessions
offered to adults, conducted in private by members of the same or
the opposite sex, and employing personnel with no specialized
training, are susceptible to operation in a manner contravening,
subverting or endangering the morals of the community by being
a
the sites of acts of prostitution, illicit sex and occasions of
violent crimes, thus requiring close inspection, licensing and
regulation.
In the case of commercial enterprises such as those de-
scribed above which are currently licensed, such establishments
may be allowed to retain their licenses but not beyond March 1,
1986, provided that the establishments do not violate the pro-
visions of this ordinance and that the City Council determines
that it is in the City's best interest to renew the licenses
annually pursuant to the procedures set forth in this ordinance.
Subdivision 2.
(1} The term "massage" means the rubbing, stroking, knead-
ing, tapping or rolling of the body of another with the
hands or objects for the exclusive purpose of physical
fitness, relaxation, beautification and for no other
~- purpose.
(2) The term "masseur" means a male person who practices or
administers a massage.
(3) The term "masseuse" means a female person who practices
or administers a massage.
(4) The term "massage parlor" means any establishment or
place providing to the public at large massage ser-
vices, other than a hospital, sanitarium, rest home,
nursing home, boarding home, or other institution for
the hospitalization or care of human beings duly
licensed under the provisions of Minnesota Statutes,
Section 114.50 through 144.69, and other than a health -
and fitness club as described in Subdivision 19 of this
ordinance.
(5) The term "massage services" means a business offering
or providing massages to others where a fee is charged,
whether or not the massage services are rendered at the
licensed location.
(6) The term "sauna" means any public facility used for the
purpose of bathing, reducing or relaxing, utilizing
steam as a cleaning, reducing or relaxing agent.
(7) The terms "rap parlor" or "conversation parlor" or
"adult encounter group" or "adult sensitivity group"
mean any person, establishment or business advertising,
offering, selling, trading or bartering the services of
itself, or its employees or agents as nonprofessional
counselors, or teachers or therapists who may talk to,
discuss or have conversation with patrons or who deal
in any way with a patron's physical senses, whether or
not other goods or services are simultaneously
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advertised, offered, sold, traded or bartered and
regardless of whether said goods or services are also
required to be licensed.
(8) The terms "personal escort service" or "model service"
or "dancing service" or "hostess service" mean any
person, establishment or business advertising,
offering, selling, trading or bartering the services of
itself or 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.
(9) The term "similar adult-oriented services" is meant to
include all other services which fall within the
definitions of subsections (4)-(8) of this subdivision
but are operated under different names.
(10) The term "certificate" as used herein means a certifi-
cate issued by the City authorizing the holder thereof
to practice or administer a massage in the City of
Richfield.
Subdivision 3. License ReQUired.
(1) No person shall engage in the business of operating an
enterprise as defined in Subdivision 2, (4) through
(9), of this ordinance, either exclusively or in
connection with any other business enterprise, or hold
himself or herself out as being a masseur or masseuse
or engaged in or offering his or her services as a
model, hostess, dancer, escort or counselor in a rap
parlor, conversation parlor, adult sensitivity group or
adult encounter group without a license.
(2) No person shall hold out any establishment as providing
services as defined in Subdivision 2, (4) through (9) ,
of this ordinance, unless such establishment is li-
censed as provided in this section. Whenever any
establishment ceases to be licensed as a massage
parlor, sauna, rap parlor, conversation parlor, adult
encounter group, adult sensitivity group or model
service, personal escort service, dancing service,
hostess service or similar adult-oriented service,
whether through the suspension, cancellation,
revocation, nonrenewal or lapse of its license, its
owners shall immediately remove from public view any
sign or display which identifies the establishment as
being an enterprise as defined in Subdivision 2, (4)
through (9), of this ordinance.
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Subdivision 4. Contents of Application for License.
Application for a license shall be made only on the forms
provided by the City Manager. Four complete copies of the
application must be submitted to the City Manager's office
containing the following: _ _
(1) Address and Legal description of the property to be
used;
(2) The name, address and telephone number of two persons
who shall be residents of Hennepin County who may be
called upon to attest to the applicant's, manager's or
operator's character;
(3) Whether the applicant, manager or operator has ever
been convicted of a crime or offense and, if so,
complete and accurate information as to the time,
place, and nature of such crime or offense, including
the disposition thereof;
(4) The names and addresses of all creditors of the appli-
cant, owner, lessee or manager insofar as and regarding
credit which has been extended for the- purposes of
constructing, equipping, maintaining, operating,
furnishing or acquiring the premises, personal effects,
equipment or anything incidental to the establishment,
maintenance and operation of a massage parlor, sauna,
rap parlor, conversation parlor, adult encounter group,
adult sensitivity group, personal escort service, model
service, dancing service, hostess service or similar
adult-oriented service.
(5) If the application is made on behalf of a joint busi-
• ness venture, partnership or any legally constituted
business association other than a corporation, it shall
submit, along with its application, accurate and
complete business records showing the names and ad-
dresses of all partners, officers and owners and, in
the case of a corporation, the names and addresses of
all officers, general managers and members of the Board
of Directors.
(6) If the application is made on behalf of a joint busi-
ness venture, partnership, legally constituted business
association or corporation, the applicant shall also
submit the names and addresses of any and all creditors
who have extended credit for the acquisition, mainte-
nance, operation or furnishing of the establishment.
(7) All applicants shall furnish to the City, along with
their applications, complete and accurate documentation
establishing the interest of the applicant and any
other person having an interest in the premises upon
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which the enterprise is proposed to be located or in
the furnishings thereof. Documentation shall be in the
form of a lease, deed, contract for deed, mortgage
deed, mortgage, credit arrangement, loan agreement,
security agreement and any other documents establishing
the interest of the applicant or any other person in
the operation, acquisition or maintenance of the
enterprise offering services as defined in Subdivision
2, (4) through (9), of this ordinance.
(8) The application shall also contair. blueprints, dia-
grams, plans, layouts and the like, showing the con-
struction, revision, remodeling, alteration or ad-
ditions of or to the premises and specifically showing
the layout, design and arrangement of the bathing and
restroom facilities and the size and type of equipment
and facilities to be used.
(9) All applicants shall state whether they are licensed in
other communities, and if so, where.
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(10) All applicants shall state any other licenses for which
they have applied within the last ten years and any
denial, suspension or revocation of a license along
with an explanation of any such denial, suspension or
revocation.
Year.
Subdivision 5.
License Fee, License Investi ation and License
The annual license fee is $1,500.00 and the annual fee for
the investigation for the purposes of issuing a license is
$1,500.00. The license fee and fee for the investigation of the
license shall be paid when the application is filed. In the
event that the license is denied upon application, the license
fee shall be refunded; however, no part of the license inves-
tigation fee shall be returned to the applicant. In the event
that the license once issued is revoked, cancelled or surren-
dered, no part of the annual license fee or fee for the inves-
tigation for the issuance of a license shall be returned to the
applicant unless by express action of the City Council. A
separate license shall be obtained each calendar year for each
place of business. The licensee shall display the license in a
prominent place in the licensed premises at all times. A li-
cense, unless revoked, is far the calendar year or a part thereof
for which it has been issued. The fee for the investigation for
issuance of a license must be tendered with each new application
for a license if the establishment has violated the provisions of
this ordinance or if the Department of Public Safety has received
an inordinate number of complaints concerning the establishment
or if the City Council should act requiring that the
investigation fee be paid. The investigation fee must also be
paid at any time when there is a proposed change of ownership or
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a
reapplication for a license wherein additional or different
parties other than the original licensee and parties are
proposing to be licensed. All licenses granted herein are
nontransferable.
Subdivision 6. Conditions Governing Issuance of a License.
(1) Licenses shall be issued only if the applicant and all
of its owners, managers, employees, agents or interest-
ed parties are persons of good moral character and
repute.
(2) Licenses shall be issued only if the applicant and all
of its owners, managers, agents, employees or interest-
ed parties are free of convictions for offenses which
involve moral turpitude or which relate directly to
such person's ability, capacity or fitness to perform
the duties and discharge the responsibilities of the
licensed activity.
(3) Licenses shall be issued only to applicants who have
not, within three years prior to the date of applica-
tion, had a license of this type. revoked or suspended
in or by any community or political entity and whose
owners, managers, or any interested parties have not
been similarly revoked or suspended.
(4) Licenses shall be issued only to applicants who have
answered fully and truthfully all of the information
requested in the application who have paid the full
license fee and fee for investigation and have coop-
erated fully and truthfully with the City in the review
of the application.
(5) If the applicant is a natural person, a license shall
be granted only if such person is I8 years of age or
older.
(6) Licenses may only be granted when the premises involved
are in complete conformity with the zoning code of the
City of Richfield.
(7) Licenses shall be granted only to establishments which
meet the safety, sanitary, and building code require-
ments of the City of Richfield.
(8) A license shall not be granted if granting the license
(a) would be inconsistent with the comprehensive
development plans of the City of Richfield or (b) would
otherwise have a detrimental effect upon other property
or properties in the vicinity.
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Subdivision 7. Certificate Required.
No person shall engage in or hold himself or herself out as
being engaged in the practice of massage nor shall any person
administer or practice massage commercially or for hire, or for
the exchange of any valuable consideration without first having
obtained a certificate as herein provided, e~.cept that a certifi-
cate 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.
Subdivision 8. Contents of the Application for Certificate.
Application shall be made only on forms provided by the City
Manager. The application shall include the following information
together with any other information which the City Manager may
require:
(1) Evidence of the applicant's educational qualifications,
including originals or certified copies of degrees,
diplomas or certificates, if any.
(2) Evidence of applicant's practical qualifications to
practice massage.
(3) Evidence that the applicant is of good moral character.
(4) The names and addresses of two persons, residents of
Hennepin County, who can attest to the applicant's
character.
(5) Whether the applicant has ever been convicted of a
crime or offense and, if so, information as to the
time, place and nature of such crime or offense.
(6) Evidence in the form of a current certificate from a
licensed physician practicing in Minnesota indicating
(a) that within the past 30 days he has examined the
applicant, and (b) that such examination was for the
purpose of determining whether applicant had any
communicable disease and (c) that as a result of such
examination he believes that applicant is not suffering
from any communicable disease.
(7) Evidence that the applicant is at least 18 years of
age.
Subdivision 9. Certificate Fee, Certificate Investigation Fee
and Certificate Year.
The annual certificate fee shall be $50.00 and an inves-
tigation fee for the purposes of issuing a certificate is
$100.00. The certificate fee and fee for the investigation of
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the certificate shall be paid when the application is filed. In
the event that the certificate is denied upon application, the
certificate fee shall be refunded; however, no part of the
certificate investigation fee shall be returned to the applicant.
In the event that the certificate, once issued, is revoked,
cancelled or surrendered, na part of the annual certificate fee
or fee far the investigation for the issuance of a certificate
shall be returned to the applicant unless by express action of
the City Council. A separate certificate shall be obtained each
calendar year. The certificate holder shall display the certifi-
cate in a prominent place on the premises of the certificate
holder at all times. A certificate, unless revoked, is for the
calendar year or a part thereof for which it has been issued.
The fee for the investigation for issuance of a certificate must
be tendered with each new application for a certificate if the
applicant has violated the provisions of this ordinance. A
certificate permitting the holder thereof to practice massage is
nontransferable.
Subdivision 10. Conditions Governing Issuance of the Certifi-
cate.
tl) Certificates shall be issued only to persons of good
moral character and repute and persons who are in good
health and free from any communicable disease.
{2) Certificates shall be issued only to persons free of
convictions of offenses which involve moral turpitude
or which relate directly to the person's ability,
capacity or fitness to perform the duties and discharge
the responsibility of the occupation.
(3) Certificates shall not be issued to persons who, within
one year prior to the date of application, have been
denied certification licensing or who have had their
certificate or license revoked or suspended by any
community political entity or by the State of
Minnesota.
(4) Certificates shall be issued only to persons who have
fully and truthfully answered all of the information
requested in the application and have paid the full
certification fee and certification investigation fee.
(5) Certificates shall be issued only to persons 18 years
of age or older.
Subdivision 11. Granting or Denial of Licenses and Certificates.
License applications and certificate applications shall
be reviewed by the Department of Public Safety, Planning Depart-
ment, and such other departments as the City Manager shall deem
necessary. The review of license applications shall include an
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inspection of the premises covered by the application to deter-
mine whether the premises conform to all applicable code require-
ments. Licenses shall be issued upon the approval of the City
Council only after a public hearing has been conducted.
The general provisions of Chapter 5 of the Richfield Code
relating to the issuance of licenses shall govern except as they
are inconsistent or in conflict with the provisions of this
ordinance. A license permitting the conduct of an establishment
offering services as a massage parlor, sauna, rap parlor, conver-
sation parlor, adult encounter group, adult sensitivity group,
personal escort service, model service, dancing service, hostess
service or other similar adult-oriented service is nontransfer-
able and nonrenewable, and application must be made each year for
a license permitting and allowing the conduct of such business
for the succeeding year.
A certificate permitting the holder thereof to practice or
administer massage commercially is nonrenewable and nontransfer-
able and application must be made each year for a certificate
permitting and allowing the holder thereof to administer or
practice massage for the succeeding year.
Subdivision 12. Restrictions and Regulations.
(I) The licensee and any persons in his or her employ or
agents or officers thereof and any and all persons with
an interest in said business shall comply with all
applicable ordinances, regulations and laws of the City
of Richfield, the State of Minnesota, and the United
States.
(2) If the licensee is a partnership or corporation, the
applicant shall designate a person to be manager and in
responsible charge of<the business and employees. Such
person shall remain responsible for the conduct of the
business and employees until another suitable person
has been designated in writing by the licensee. The
licensee shall promptly notify the Department of Public
Safety in writing of any such change, indicating the
name, address and telephone number of the new manager
and the effective date of such change.
(3) Every licensee shall allow an examination and inspec-
tion of every part of the premises by any police, fire
or health authority of the City during normal business
hours four times each year. Refusal to allow such
inspection or to answer the request of City police,
fire or health authority to be admitted to a licensed
premises shall be grounds for suspension or revocation
of all licenses.
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,.
(4) The licensed premises shall not be open for business
nor shall patrons be permitted on the premises between
the hours of 9:00 p.m. and 8:00 a.m, on any day.
(5) Upon demand of any police officer, any person employed
in any licensed premises shall identify himself by
giving his true legal name and his correct address.
t6) No person under 18 years of age shall be employed in an
establishment requiring a license under the provisions
of this ordinance.
(7) The licensee shall furnish the Department of Public
Safety with a list of current employees, indicating
their names and addresses and designating the duties of
the employees within the licensed premises. The
licensee shall promptly notify the Department of Public
Safety of any additions or deletions in the list of
employees or changes in their job descriptions or
duties.
(8) The licensed premises must be kept and maintained in a
sanitary condition defined as being free from the
vegetative cells of pathogenic microorganisms and all
equipment, personal property, tables, beds, towels,
clothing and the like used in or for the licensed
premises shall also be maintained in a sanitary condi-
tion as defined herein.
(9). No licensee shall employ any person as a masseur or
masseuse without first insuring that said employee
possesses a valid certificate for the administration or
practice of massage, except as otherwise provided in -
this ordinance.
{10) Every person to whom a certificate is issued shall
appear personally at the Department of Public Safety to
receive delivery of the certificate and upon such
appearance, shall be photographed for identification
purposes. One copy of the photograph shall be perma-
nently affixed to the certificate and a second copy
thereof shall be kept in the files of the Department of
Public Safety.
(11) Except as otherwise provided in this ordinance, any
person acting as a masseur or masseuse shall have his
or her certificate displayed in a prominent place at
his or her place of employment and upon demand by any
police officer or other authorized officer or agent of
the City of Richfield, any person engaged in practicing
massage shall identify himself or herself giving his or
her true legal name, correct address and phone number.
(12) Except as otherwise provided in this ordinance, any
person practicing massage within the City of Richfield
10
¢.
shall initially advise the City of his or her address
and telephone number and shall further advise the City
of any changes in address or telephone number within 30
days of such change.
(13) Except as otherwise provided in this ordinance,- it is
unlawful for a masseur to practice massage upon any
person except a male and for a masseuse to practice
massage on any person except a female.
(14) Any masseur or masseuse practicing massage shall remain
fully clothed in a nontransparent uniform or clothing
at all times. At all times during the operation of any
enterprise as defined in Subdivision 2, (4) through
(9), of this ordinance, both employees and customers
must be and remain fully clothed in nontransparent
clothing.
Subdivision 13. Construction and Maintenance Requirements.
(I) Each licensed premises shall have a separate restroom
and separate locker room for members of each sex.
(2) All massage rooms, locker rooms, restrooms and bath-
rooms used in connection therewith shall be constructed
of materials, including ceramic tile, quarry tile,
glazed-finish cement block or other similar material,
which are impervious to moisture, bacteria, mold or
fungus growth and shall be maintained in a sanitary
condition defined as being completely free from the
vegetative cells of pathogenic microorganisms. The
floor-to-wall joints shall be constructed to provide a
sanitary cove with a minimum radius of one inch. All
equipment, personal property, beds, towels, clothing
and the like used in the massage parlor shall be of a
sanitary design and kept in a sanitary condition.
(3) All restrooms shall be provided with mechanical ven-
tilation 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.
(4) All rooms in the licensed premises including, but not
limited to, massage rooms, sauna rooms, restrooms,
bathrooms, rap rooms, conversation rooms, modeling
rooms, dancing rooms, janitor's closets, hallways and
reception areas shall be illuminated with not less than
30 foot candles of illumination, measured 30 inches
from the floor.
(5) Each licensed premises shall have a janitor's closet
which shall provide for the storage of cleaning sup-
plies. Such closet shall have mechanical ventilation
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with 2 cfm per square foot of floor area. Such closet
shall include a mop sink.
(6) Floors, walls and equipment in massage rooms, sauna
rooms, restrooms, bathrooms, rap rooms, conversation
rooms, modeling rooms and dancing rooms must be kept in
a state of good repair and sanitary at all times.
Linen and other materials shall be stored at least 12
inches off the floor. Clean towels, washcloths and
linens must be available for each customer.
(7) Individual lockers shall be made available for use by
patrons. Such lockers shall have separate keys for
locking.
(8) Such establishments shall provide adequate refuse
receptacles which shall be emptied as required.
Subdivision 14. Health and Disease Control.
No person while afflicted with any disease in a communicable
form or while a carrier of such disease or while afflicted with
boils, infected wounds, sores or any acute respiratory infection
shall work in or use the services of any licensed premises and no
person known or suspected of being afflicted with any such
disease or condition shall be employed or permitted in such area
or capacity.
Subdivision 15. Revocation, Suspension or Nonrenewal of License.
(a) The license may be revoked, suspended or not renewed by
the City Council upon recommendation of the City Manager by
showing that the licensee, its owners, manager, employees, agents
or any other interested parties have engaged in any of the
following conduct:
(1) Fraud, deception or misrepresentation in connection
with the securing of the license.
(2) Habitual drunkenness or intemperance in the use of
drugs including, but not limited to, the use of drugs
defined in either 26 U.S.C. S. 4731 or Minnesota
Statutes, Section 152.02, barbituates, hallucinogenic
drugs, amphetamines, benzedrine, dexedrine or other
sedatives, depressants, stimulants or tranquilizers.
(4) Engaging in conduct involving moral turpitude or
permitting or allowing others within their employ or
agency to engage in conduct involving moral turpitude
or failing to prevent agents, officers, or employees
from engaging in conduct involving moral turpitude.
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(5) Failure to fully comply with any requirements of the
ordinances of the City of Richfield regarding sanitary
and safety conditions, zoning requirements, building
code requirements or ordinances, the violation of which
involves moral turpitude, or failure to comply fully
with any requirements of this ordinance.
(6) Conviction of an offense involving moral turpitude by
any court of competent jurisdiction.
(7) Operation of the establishment without a valid license
or during periods in which the license has been sus-
pended or revoked.
(8) Engaging in any conduct which would constitute grounds
for refusal to issue a license herein.
(b) The licensee may appeal such suspension, revocation or
nonrenewal to the City Council. The Council shall consider the
appeal pursuant to the procedures set forth in Section 5.14,
Subdivision 4 of the Richfield Ordinance Code. The Council may
appoint a committee of the Council or an independent hearing
officer to hear the matter, report findings of fact and a
recommendation for disposition to the Council. Hearings 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 its behalf. At the conclusion of the hearing,
the Council may order:
(1) That the revocation, suspension or nonrenewal be
affirmed.
(2) That the revocation, suspension or nonrenewal. be lifted
and that the license be returned to the license holder.
(3) The City Council may base either suspension or issuance
of the certificate upon any additional terms, con-
ditions and stipulations which they may, in their sole
discretion, impose.
Subdivision 16. Revocation, Suspension or Nonrenewal of Certifi-
cate.
(a) Certification may be revoked or suspended by the City
Manager or not renewed by the City Council for any of the follow-
ing:
(1) Fraud, deception or misrepresentation in connection
with the securing of certification.
(2) Habitual drunkenness or intemperance in the use of
drugs including, but not limited to, the use of drugs
defined either in 26 U.S.C. S 4731 and Minnesota
Statutes, Section 152.02, barbituates, hallucinogenic
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a.
drugs, amphetamines, benzedrine, dexedrine or other
sedatives, depressants, stimulants or tranquilizers.
(3) Conduct inimical to the interests of the public health,
safety, welfare or morals.
(4) Engaging in conduct involving moral turpitude.
(5) Failure to fully comply with the requirements of this
ordinance.
{6) Conviction of an offense invalving moral turpitude.
(b) The certificate holder may appeal such suspension,
revocation or nonrenewal to the City Council. The Council shall
consider the appeal pursuant to the procedures set forth in
Section 5.14, Subdivision 4 of the Richfield Ordinance Code. The
Council may appoint a committee of the Council or an independent
hearing officer to hear the matter and report findings of fact
and a recommendation for disposition to the Council. Hearings on
the appeal shall be open to the public and the certificate holder
shall have the right to appear and be represented by legal
counsel and to offer evidence in behalf of the certification. At
the conclusion of the hearing, the Council may order:
(1) That the revocation, suspension or nonrenewal be
affirmed.
(2) That the revocation, suspension or nonrenewal be lifted
and that the certificate be returned to the certificate
holder.
(3) The City Council may base either suspension or issuance
of the certificate upon any additional terms, condi-
tions and stipulations which they may, in their sole
discretion, impose.
Subdivision 17. Prohibited Acts.
Except as provided elsewhere in this ordinance, no employer
shall employ a person to practice or administer massage nor
permit, suffer or allow a person to practice or administer
massage unless that person has been granted a valid certificate
pursuant to this ordinance and every employer shall require that
the certification be prominently and openly displayed on the
premises in plain view.
Subdivision 18. Massage Distinguished.
The practice of massage is hereby declared to be distinct
from the practice of medicine, surgery, ostopathy, chiropractic,
physical therapy or podiatry, and persons duly licensed in this
state to practice medicine, surgery, osteopathy, chiropractic,
physical therapy or podiatry, nurses who work solely under the
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direction of any such persons, athletic directors and trainers
are hereby expressly excluded from the provisions of this sec-
tion. Beauty culturists and barbers who do not give, or hold
themselves out to give, massage treatments, as defined herein,
other than are customarily given in such shops or places of
business for the purpose of beautification only, shall be exempt
from the provisions of this section.
Subdivision I9. Exceptions.
(a) This ordinance does not apply to bona fide
health/sports establishments which meet the following criteria:
(1) The establishment has conducted business in the City of
Richfield for one year and is in good repute.
(2) The primary purpose of the establishment is health and
fitness; massage service is subsidiary.
(3) No more than 20$ of the establishment revenue is
derived from massage.
(4) The financial records of the establishment are at all
times available to the City for inspection.
(5) The establishment has an ongoing membership which list
is available to City officials for inspection at any
time.
Establishments which meet the above provisions shall not be
required to pay the annual license fee or investigation fee,
unless specifically ordered by the City Council. Masseurs and
masseuses employed by such establishments are not required to be
certified under this ordinance.
(b) In addition, this ordinance does not apply to nor
include:
(1) Bona fide legal, medical, psychiatric, psychological,
family ar marriage counseling services by a person,
persons or businesses appropriately licensed by the
State of Minnesota or by local units of government or
any other appropriate licensing authority;
(2) Bona fide financial counseling services or bona fide
educational institutions completely complying with
State and local regulations or the regulation of any
licensing authorities;
(3) Bona fide non-profit organizations or institutions,
including those organized in compliance with ~501(c)(3)
of the Internal Revenue Code, or to seminars, panel
discussions or group classes sponsored by such bona
fide non-profit organizations or institutions.
15
Subdivision 20.
Separability.
Every section, provision or part of this ordinance is
declared separable from every other section, provision or part to
the extent that if any section, provision or part of this ordi-
nance shall be held invalid, such holding shall not invalidate
any other section, provision or part thereof.
Subdivision 21.
Penalties.
Whoever does any act forbidden by this ordinance or omits or
fails to do any act required by this ordinance shall be guilty of
a misdemeanor and upon conviction thereof by lawful authority, be
punished by a fine not to exceed $700.00 and by imprisonment not
to exceed 90 days or bath or any combination of either. Each day
that a violation exists constitutes a separate and distinct
offense.
Subdivision 22. Liability for the Crimes of Another.
Every person who commits or attempts to commit, conspires to
commit or aids and abets in the commission of any act constitut-
ing a violation of this ordinance or any act, which constitutes
an omission and, therefore, a violation of this ordinance,
whether individually or in connection with one or more persons or
as principal, agent or accessory, shall be guilty of such offense
and every person who falsely, fraudulently, forcibly or wilfully,
induces, causes, coerces, requires, permits or directs another to
violate any of the provisions of this chapter is likewise guilty
of such offense.
Passed this 27th day of January ~ I986 ~ by
the City Council of the City of Richfield.
~?
ATTEST:
,~
City Clerk
;' 1
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16
Minnesota Suburban Newspapers, lnc.
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
SS.
BOUNTY OF HENNEPIN)
Donald K. Mortenson
being duly sworn on an oath says that he/shr
is the publisher or authorized agent and employee of the publisher of the newspaper known a:
Richfield Sun-Current
are stated below.
and has full knowledge of the facts whicr
(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 Bill 1986-
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 ,the 5 day
of February , 1886 ,and was thereafter printed and published on every
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:
abcdetghijklmnopyrsiuvwxyz ~~~~
/'
Subscribed and sworn to before me on this
...rrw~.t+.,
TITLE: Operations Manager
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.10 per line
for comparable space (Line, word, or inch rate)
(2) Maximum rate allowed by law for the above matter $ 36.5¢ per line
(Line, word, or inch rate)
(3) Rate actually charged for the above matter $ 35¢ per line
(Line, word, or inch rate)
-- 5 day of Feb , 1g 8 6 .
~-
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Nat ict`~A"fR)~El. t~. a ~~~?Lz~~~
s`~?""-.,1a~? )v,G7ra.B°( ?tJ3'tiC - ilii~;i~:'.• i~ ~.,~
wticr: f°Ir:~l`1~Syl~] ~v?.s`d"i'Y
1. ''
MY commission ,=~~ir-aa ~af~ 7, 9~3tS
Ci#y of Richfield
`K~;4 ~ (Official Publi
SILL NO. 1
AN ORDINANCE REPEALING SEC
-~ ~ O$D6)YANCE CODE OF THE CITY O
REGULATION OF SAUNAS AND
REGULATION OF THE PRACTICE OF
SECTION 5.251 RELATING TO RI
~_COMMERCIALENTERPRISESPR(
SERVICI
CITY OF RICHFIELD DOES ORDAIN:
Section 5.25 and 5.26 of [he Ordinance G
to regulation of saunas and massage park
1tYassage, are hereby repealed in their ent
° ~,A new Section 5.251, relating to the
enterprises providing adult-oriented set
~dinapce Code o[ the City of Richfield, to rt
5r$3I Regulation of Various Commerci
division 1. Statement of Policy.
In order to protect the public health,
against the inception and transmission of
of Richfield deems it necessary to pro
regulation of businesses or commerci
massage parlors, saunas, rap parlors, cor
groups, adult encounter groups, personal
hostess services and similar adult-orien
[erent names. The City Council further
such as the type described above, and all ~
services include sessions offered to adults
of the same or the opposite sex, and empli
training, are susceptible to operation in a
or endangering the morals of the comm
prostitution, illicit sex and occasions of v
inspection, licensing and regulation.
In the case of commercial enterprises si
are currently licensed, such establishme,
licenses but not beyond March 1, 1988, prop
violate the provisions of this ordinance ar
that it is in the City's best interest to rene
the procedures set forth in this ordinance.
Subdivision 2.
(1) The term "massage" means the ru
or rolling of the body of another
exclusive purpose of physical titn~
for no other purpose.
(2) The term "masseur" means a ma
islets a massage.
(3) The term "masseuse" means a
administers a massage.
(4) The term "massage parlor" me
providing to the public at large
hospital, sanitarium, rest home, i
other institution for the hospitaliza
licensed under the provisions of ]
through 144.69, and other than a he:
Subdivision 19 of this ordinance.
(5) The term "massage services" mea
massages to others where a fee is cl
services are rendered at the license
(6) The term "sauna" means any puk
bathing, reducing or relaxing, uUh
or relaxing agent.
(7) The terms "rap parlor" or "convei
group" or "adult sensitivity group'
or business advertising, offering,
services of itself, or its employ
counselors, or teachers or therapis
conversation with patrons or whc
physical senses, whether or not oth
ously advertised, offered, sold, tra
whether said goods or services are
(8) Theterms "personal escort servic
service" br "hostess service" m.
business advertising, offering, set
vices of itself or its employees or a@
escorts, dates or companions why
simultaneously advertised, offerv
regardless of whether said goods
licensed.
(9) The term "similar adult-oriented
other services which fall within the
this subdivision but are operated u
(]0) The term "certificate" as used he
the City authorizing the holder tt
massage in the City of Richfield.
Subdivision 3. License Required.
(1) No person shall engage in the bus
defined in Subdivision 2, (4) thrc
exclusively or in connection with ar
himself or herself out as being a m.
offering his or her services as a
counselor in a rap parlor, converse
or adult encounter group without a
(2) No person shat[ hold out any esta
defined in Subdivision 2. (4) throng
establishment is licensed as prov
establishment ceases to be licenst
parlor, conversation parlor, adult
group or model service, persona
hostess service or similar adult-or
suspension, cancellation, revoca
license, its owners shall immedia
? sign or display which identifie!
~. enterprise as defined in Subdiv
ordinance.
Subdivision 4. Contents of Application f
Application for a license shall be made
City Manager. Four complete copies of tl
the City Manager's office containing the
(1) Address and legal description of tt
(2) The name, address and telephone
',residents o[ Hennepin County who
applicant's, manager's or operator
(3) Whether the applicant, manager c
of a crime or offense and. if so, co
to the time, place, and nature of
disposition thereof;
(4) The names and addresses of all
lessee or manager insofar as any
extended for the purposes of cor
operating, furnishing or acquirit
egwpment or anything incidental
and operation of a massage parr
parlor, adult encounter group, adu
service, model service. dancing
adult-oriented service.
City of Richfield
-~.`~.- - (OfficiaiPublication)
BILL NO. 1988-3 (3) Licenses shall be issued only to applicants who have not, within three (3) All restrooms shall be provided with mechanical ventilation with 2 ctm
AN ORDINANCE REPEALING SECTIONS 5.25 AND 5.26 OF THE years prior to the date of application, had a license of this type revoked per square feet of floor area, a hand washing sink equipped with hot
"- ~" O3tD1NANCE CODE OF THE CITY OF RICHFIELD RELATING TO or suspended in or by any community or political entity and whose and cold running water under pressure, sanitary towels and a soap
REGULATION OF SAUNAS AND MASSAGE PARLORS AND managers, or any Interested parties have not been similarly
owners dispenser.
REGULATION OF THE PRACTICE OF MASSAGE, AND ADDING A NEW ,
revoked or suspended. (4) All rooms in the licensed premises including, but not limited to.
SECTION 5.251 RELATING TO REGULATION OF VARIOUS (4) Licenses shall be issued only to applicants who have answered fully massage rooms, sauna rooms, restrooms, bathrooms, rap rooms.
S.f:OMMERCIAL ENTERPRISES PROVIDING ADULT-ORIENTED and truthfully all of the information requested in the application, who conversation rooms, modeling rooms, dancing rooms, janitor's
SERVICES. have paid the full license tee and fee for investigation and have closets, hallways and reception areas shall be illuminated with not less
CITY OF RICHFIELD DOES ORDAIN:
Section 5.25 and 5.26 of the Ordinance Code of the City of Richfield, relating cooperated fully and truthfully with the Ci[y in the review of the
application than 30 foot candles of illumination, measured 30 inches from the floor.
(5) Each licensed premises shall have a janitor's closet which shall
to regulation of saunas and massage parlors and regulation of the practice o[ .
(5) If the applicant is a natural person, a license shall be granted only if provide for [he storage of cleaning supplies. Such closet shall have
mfassage, are hereby repealed in their entirety.
• , ~l new Section 5.251, relating to the regulation of various commercial such person Is 18 years of age or older.
(8) Licenses may only be granted when the premises involved are in mechanical ventilation with 2 cfm per square toot of floor area. Such
closet shall include a mop sink.
enterprises providing adult-oriented services, is hereby added to the Or- complete conformity with the zoning code of the City of Richfield. (8) Floors, walls and equipment in massage rooms, sauna rooms,
ditiance Code of the City of Richfield, to read as follows: (7) Licenses shall be granted only to establishments which meet the restrooms, bathrooms, rap rooms, conversation rooms, modeling
Srx5:x5 `Regulation of Various Commercial Adult-Oriented Services. Sub- safety, sanitary, and building code requirements of the Ci[y of rooms and dancing rooms must be kept in a state of good repair and
division 1. Statement of Policy.
In order to protect the public health, safety and welfare and to guard Richfield.
(g) A license shall not be granted if granting the license (a) would be sanitary at all times. Linen and other materials shall be stored at least
12 inches off the floor. Clean towels, washcloths and linens must be
against the inception and transmission of disease, the City Council of the City inconsistent with the comprehensive development plans of the City of available for each customer.
of Richfield deems it necessary to provide for the special and express Richfield or (b) would otherwise have a detrimental effect upon other (7) Individual lockers shall Be made available for use by patrons. Such
regulation of businesses or commercial enterprises which operate as property or properties in the vinicity. lockers shall have separate keys for locking.
massage parlors, saunas, rap parlors, conversation parlors, adult sensitivity Subdivision 7. Certificate Required. (8) Such establishments shall provide adequate refuse receptacles which
groups, adult encounter groups, personal escort services, dancing services,
hostess services and similar adult-oriented services operating under dif- No person shalt engage in or hold himself or herself out as being engaged in
the practice of massage nor shall any person administer or practice massage shall be emptied as required.
Subdivision 14. Health and Disease Control.
ferent names. The City Council further finds that commercial enterprises
such as the type described above, and all other similar establishments whose commercially or for hire, or for the exchange of any valuable consideration
without first having obtained a certificate as herein. provided, except that a No person while afflicted with any disease in a communicable form or while
a carrier of such disease or while afflicted with boils, infected wounds, sores
services Include sessions offered to adults, conducted in rivate by members
i
li
d certificate shall not be required for any person who is currently registered by or any acute respiratory infection shall work in or use the services of any
ze
a
o[ the same or the opposite sex, and employing personnel with no spec
training, are suscep[Ible to operation in a manner contravening, subverting the State Board of Medical Examiners or except as elsewhere provided in this
ordinance licensed premises and no person known or suspected of being afflicted with
any such disease or condition shall be employed or permitted in such area or
or endangering the morals of the community by being the sites of acts of
prostitution, illicit sex and occasions of violent crimes, thus requiring close
licensing and regulation
ins
ection .
Subdivision 8. Contents of the Application for Certificate.
A plication shall be made only on forms provided by the City Manager. The capacity.
Subdivision 15. Revocation, Suspension or Nonrenewal of License.
(
Th
li
b
k
d
d
d
d b
h
Ci
.
,
p
In the case of commercial enterprises such as those described above which application shall include the following information together with any other e revo
or not renewe
a)
cense may
e
, suspen
e
y t
e
ty
e
Cit
C
il
d
ti
f th
M
b
h
i
th
t th
are currently licensed, such establishments may be allowed to retain their information which the City Manager may require:
(1) Evidence of the applicant's educational qualifications; including ow
ounc
upon recommen
a
on o
e
y
anager
y s
ng
a
e
licensee, Its owners, manager, employees, agents or any other interested
licenses but not beyond March 1, 1986, provided that the establishments do not
violate the provisions of this ordinance and that the City Council determines on tools or certified copies of degrees, diplomas oi• certificates, if any.
~ 1
(2) Evidence of applicant's practica qualifications to practice massage. parties have engaged in any of the following conduct:
(1) Fraud, deception or misrepresentation in connection with the securing
that it is in the City's best interest to renew the licenses annually pursuant to
the procedures set forth in this ordinance. (3) Evidence that the applicant is of good moral character.
(9) The names and addresses of two persons, residents of Hennepin of the license.
(2) Habitual drunkenness or intemperance in the use of drugs including,
Subdivision 2.
(1) The term "massage" means the rubbing, stroking, kneading, tapping ~ County, who can attest to the applicant's character.
(5) Whether the applicant has ever been convicted of a crime or offense but not limited to, the use of drugs defined in either 26 L'.S.C. S. 4731 or
Minnesota Statutes, Section 152.02, barbiturates, hallucinogenic drugs.
or rolling of the body of another with the hands or objects for the
beautification and
relaxation
exclusive purpose of physical fitness and, if so, information as to the time, place and nature of such crime or amphetamines, benzedrine, dexedrine or other sedatives, depress-
ili
i
l
,
,
for no other purpose.
(2) The term "masseur" means a male person motto practices or admin-
isters a massage. offense.
(8) Evidence in the form of a current certificate from a licensed physician
practicing in Minnesota indicatingg (a) that within the past 30 days he
n was fo
d (b) th
t
h
mi
t
the
d th
li
t
h ants, st
mu
ants or tranqu
zers.
(9) Engaging in conduct involving moral turpitude or permitting or
allowing others within their employ or agency to engage in conduct
officers
or
involvin
moral tur
itude or failin
revent a
ents
to
(8) The term masseuse" means a female person who practices or a
suc
exa
na
io
r
as examine
e app
can
, an
purpose of determining whether applicant had any communicable g
,
.
g
p
g
p
employees from engaging in conduct involving moral turpitude.
administers a massage.
(4) The term 'massage parlor" means any establishment or place disease and (c) [ha[ as a result of such examination he believes that
applicant is not suffering from any communicable disease. (5) Failure to,fully comply with any requirements of the ordinances of the
City of Richfield regarding sanitary and safety conditions, zoning
providing to the public at large massage services, other than a (7j Evidence that the applicant is at least 18 years of age. requirements, building code requirements or ordinances, the violation
hospital, sanitarium, rest home, nursing home, boarding home, or
other institution for the hospitalization of care of human beings duly Subdivision 9. Certificate Fee, Certificate Investigation Fee and Certificate
y of which involves moral turpitude, or failure to comply fully with any
uirements of this ordinance
re
licensed under the provisions of Minnesota Statutes, Section 114.50 ear.
The annual certificate fee shall be $50.00 and an investigation fee for the .
q
(8) Conviction of an offense involving moral turpitude by any court o[
through 144.69, and other than a heath and fitness club as described in purposes of issuing a certificate is $100.00. The certificate tee and fee for the competent jurisdiction.
Subdivision 19 of this ordinance.
(5) The term "massage services" means a business offering or providing
whether or not the massage
thers where a fee is charged
t investigation of the certificate shall be paid when the application is filed. In
the event that the certificate'is denied upon application, the certificate fee (7) Operation of the establishment without a valid license or during
periods in which the license has been suspended or revoked.
f
l t
ld
it
d
f
hi
h
,
massages
o o shall be refunded; however, no part of the certificate investigation fee shall wou
const
ute groun
s
or re
usa
o
c
(8) Engaging in any conduct w
services are rendered at the licensed location.
(6) The term 'sauna' means any public facility used for the purpose of - be returned to the applicant. In the event that the certificate, once issued, is
cancelled or surrendered, no part of the annual certificate fee or fee
revoked issue a license herein.
(b) The licensee may appeal such suspension, revocation or nonrenewal to
bathing, reducing or relaxing, utilizing steam as a cleaning, reducing ,
for the investigation for the issuance of a certificate shall be returned to the the City Council. The Council shall consider the appeal pursuant to the
or relaxing agent.
(7) The terms 'rap parlor" or "conversation parlor" or "adult encounter
" applicant unless by express action of the City Council. A separate certificate
shall be obtained each calendar year. The certificate holder shall display the procedures set forth in Section 5.14, Subdivision 4 of the Richfield Ordinance
Cude. The Council may appoint a committee of the Council or an independent
mean any person, establishhment
group" or "adult sensitivity group
or business advertising offering, selling, trading or bartering the certificate in a prominent place on the premises of the certificate holder at all
is for the calendar year or a part thereof
unless revoked
times. A certificate hearing officer to hear the matter, report findings of fact and a recommenda-
.lion for disposition to the Council. Hearings on the appeal shall be open to the
services of itself, or its employees or agents as nonprofessional
counselors, or teachers or therapists who may talk to, discuss or have
' ,
,
for which it has been issued. The fee for the investigation for issuance of a
certificate must be tendered with each new application for a certificate if the public and the licensee shall have the right to appear and be represented by
legal counsel and to offer evidence in its behalf. At the conclusion of the
s
conversation with patrons or who deal in any way with a patron
physical senses, whether or not other goods or services are simultane- applicant has violated the provisions of this ordinance. A certificate
permittin the holder thereof to practice massa a is nontransferable. hearing, the Council may order:
(1) That the revocation, suspension or nonrenewal be affirmed.
ously advertised, offered, sold, traded or bartered and regardless of
whether said goods or services are also required to be licensed.
'
'
' Subdivision 10. Conditions Governing Issuance of the Certificate.
(1) Certificates shall be issued only to persons of good moral character (2) That the revocation, suspension or nonrenewal be lifted and that the
license be returned to [he license holder
dancing
or "model service
or
(8) The"terms 'personal escort service
' and repute and persons who are in good health and free from any (3) The City Council may base either suspension or issuance of the
mean any person, establishment or
service' br hostess service communicable disease. certificate upon any additional terms. conditions and stipulants which
business advertising, offering, selling, trading or bartering the ser-
vices of itself or its employees or agents as hostesses, models, dancers, (2) Certificates shall be issued only [o persons free of convictions of
offenses which involve moral furpnude or which relate directly to the they may, in their sole discretion, impose.
Subdivision 16. Revocation, Suspension or Nonrenewal of Certificate.
escorts, dates or companions whether or not goods or services are
simultaneously advertised, offered, sold, traded or bartered and person's ability, capacity or' fitness to perform the duties and
discharge [he responsibility of the occupation. (a) Certificate may be revoked or suspended by the City :Manager or not
renewed by the City Council for any of the following:
regardless of whether said goods or services are also required to be (3) Certificates shall not be issued to persons who, within one year prior to (1) Fraud, deception or misrepresentation in connection with the securing
licensed.
(9) The term "similar adult-oriented services" is meant to include all the date o[ application, have been denied certification licensing or who
have had their certificate or license revoked or suspended by any of certification.
(2) Habitual drunkenness or intemperance in the use of drugs including.
other services which fall within the definitions of subsections (4)-(8) of community political entity or by the State of Minnesota. but not limited to. the use of drugs defined either in 26 C.S.C. S 4731 and
this subdivision but are operated under different names.
(10) The term "certificate" as used heroin means a certificate issued by (4) Certificates shall be -issued only to persons who have fully and
truthfully answered all of [he information requested in the application Minnesota Statutes. Section 152.02. barbiturates, hallucinogenic drugs.
amphetamines. benzedrine, dexedrine or other sedatives. depress-
the City authorizing the holder thereof to practice or administer a and have paid the full certification tee and certification investigation ants, stimulants or tranquilizers.
massage in the City of Richfield. fee. (3) Conduct inimical to the inteeests of the public health. safety, welfare or
Subdivision 3. License Required.
(1) No person shall engage in the business of operating an enterprise as (5) Certificates shall be issued only to persons 18 years of age or older.
Subdivision I1. Granting or Denial of Licenses and Certificates. morals.
(4) Engaging in conduct involving moral turpitude,
defined in Subdivision 2. (4) through (9), of this ordinance, either License applications and certificate applications shall be reviewed by the (5) Failure to fully comply with the requirements of this ordinance.
exclusively or in connection with any other business enterprise, or hold
himself or herself out as being a masseur or masseuse or engaged in or Department o[ Public Safety, Planning Department, and such other depart-
menu as the City Manager shall deem necessary. The review of license (8) Conviction of an offense involving moral turpitude.
(b) The certificate holder may appeal such suspension. revocation or
offering his or her services as a model, hostess, dancer, escort or applications shall include an inspection of the premises covered by the nonrenewal to the City- Council. The Council shall consider the appeal
counselor in a rap parlor, conversation parlor, adult sensitivity group application to determine whether the premises conform to all applicable code pursuant tb the procedures set forth in Section 5.14. Subdivision 4 of the
or adult encounter group without a license.
(2) No person shall hold out any establishment as providing services as requirements. Licenses shall be issued upon the approval of the City Council
only after a public hearing hasbeen conducted. ~ Richfield Ordinance Code. The Council may appoint a committee of the
Council or an independent hearing officer to hear the matter antl report
defined in Subdivision 2. (4) through (9), o[ this ordinance, unless such The general provisions of Chapter 5 of the Richfield Code relating to the findings of [act and' a recommendation for disposition to the Council.
establishment is licensed as provided in this section. Whenever any
establishment ceases to be licensed as a massage parlor, sauna, rap issuance of licenses shall govern except as they are inconsistent or in conflict
with [he provisions of this ordinance. A license permitting the conduct of an Hearings on the appeal shall be open to the public and the certificate holder
shallhave the right to appear and be represented by legal counsel and to offer
parlor, conversation parlor, adult encounter group, adult sensitivity
dancing service.
personal escort service
group or model service establishment offering services as a massage parlor, sauna, rap parlor, evidence in behalf of the certiiication. At the conclusion of the hearing. the
m
d
,
,
hostess service or similar adult-oriented service, whether through the conversation parlor, adult encounter group: adult sensitivity group, personal
model service
dancing service, hostess service or other
escort service Council
ay or
er:
(1) That the revocation, su:~ension or nonrenewal be affirmed. '
suspension, cancellation, revocation, nonrenewal or lapse o[ its
license, its owners shall immediately remove from public view any ,
,
similar adult-oriented service is nontransferable and nonrenewable. and
application must be made each yeas for a license permitting and allowing the (2) That the revocation, suspension or nonrenewal be lilted and that the
certificate be returned to the certificate holder.
sign or display which identities the establishment as being an
{ enterprise as defined in Subdivision 2, (4) through (9), of this conduct of such business for the succeeding year.
A certificate permitting the holder thereof to practice or administer (3) The City Council may base either suspension or issuance of the
certificate upon any additional terms. conditions and stipulations
;ordinance.
Subdivision 4. Contents of Application for License. massage commercially is nonrenewable and nontransferable and application
must be made each year for a certificate permitting and allowing the holder which they may. in their sole discretion. impose.
Subdivision 17. Prohibited Acts.
Application for a license shall be made only on [he forms provided by the
City Manager. Four complete copies of the application must be submitted to
' thereof to administer or practice massage for the succeeding year.
Subdivision t2. Restrictions and Regulations. Except as provided elsewhere in this ordinance. no employer shall employ
a person to practice or administer massage nor permit. suffer or allow a
s office containing the following:
the City Manager
(1) Address and legal description of the property to be used;
ersons who shall be
address and tele
hone number of two
name
(2) Th (t) The licensee and any persons in his or her employ or agents or officers
thereof and any and all persons with an interest in said business shall person to practice or administer massage unless that person has been
granted a valid certificate pursuant to this ordinance and every employer
h
l
di
l
d
p
p
.
e
';residents of Hennepin County who may be called upon to attest to the
'
'
' comply with all applicable ordinances, regulations and lawsof the City
of Richfield, the State o[ Minnesota, and the United States. e
y
sp
aye
on t
shall require that the certificate be prominently and open
premises in plain view..
s or operator
s, manager
s character;
applicant
(3) Whether the applicant, manager or n erator has ever been convicted (2) If the licensee is a partnership or corporation, the applicant shall
designate a person to be manager and in responsible charge of the Subdivision 16. Massage Distinguished.
The practice of massage is hereby declared to be distinct from the practice
of a crime or offense and, if so, complete and accurate information as
to the time, place, and nature of such crime or offense, including the business and employees. Such person shall remain responsible for the
conduct of the business and employees until another suitable person of medicine. surgery. osteopathy. chiropractic. physical therapy or podiatry.
and persons duly licensed in this state to practice medicine. surgery.
disposition thereof;
(4) The names and addresses of all creditors of the applicant, owner, has been designated in writing by the licensee. The licensee shall
promptly notify the Department of Public Safety in writing of any such osteopathy. chiropractic. physical therapy or podiatry. nurses who work
solely under the direction o[ any such persons. athletic directors and trainers
lessee or manager insofar as and regarding credit which has been change, indicating the name, address and telephone number of the new are hereby expressly excluded from the provisions of this section. Beauty
extended for the purposes of constructing, equipping, maintaining,
operating, furnishing or acquiring the premises, personal effects, manager and the effective date of such change.
(3) Every licensee shall allow an examination and inspection of every part culturists and barbers w•ho do not give, or hold themselves out to give.
massage treatments, as defined herein, other than are customarily given in
equipment or anything incidental to the establishment, maintenance of the premises by any police. fire or health authority of the City during such shops or places of business for the purpose of beautification only-, shall
and operation of a massage parlor, sauna, rap parlor, conversation
parlor, adult encounter group, adult sensitivity group, personal escort normal business hours [our times each year. Refusal to allow such
inspection or to answer the request of City police. fire or health he exempt Erom the provisions of this section.
Subdicision 19. Exceptions.
service, model service, dancing service, hostess service or similar authority to be admitted to a licensed premises shall~be grounds for (a) This ordinance does not apply to bona fide health sports establishments
adult-oriented service.
6s) 17 ehe application ;.~ ...:,de nn h«w.ir ~r » ,L r n r»iness ~enrare,
partnershi or any legally constitute usmess assbcfatfod oilier than suspension or revocation of all licenses,
(a)~2'he~licensedpreurfsee^abatt=not-"be~opetr4orbil~fn~rtor shaitpatTSns'---
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h which meet the following criteria ~.
- ~ -(1.)~The estabiisftmerMbas•eondoMed~baei•nesa~ttatite"Eiln^yof~iad~fmtQ+f¢e~?
ear and is in good repute
one
a corporation, it shall submit, alon with its appLcation, accurate and
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ses between t
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be permitted on the prem
a.m. on any day. .
y
(2) The primary purpose o[ the establishment is health and fitness:
the names and addresses of all
complete business records showin
partners, officers and owners and, in the case of a corporation, the (5) Upon demand of any police officer, any person employed in any
licensed premises shall identify himself by giving his true legal name massage service i~subsidiar}'.
(3) No more than 20 of [he establishment revenue is derived tram
names and addresses of all officers, general managers and members and his correct address. massage.
of the Board of Directors. (5) No person under IB years of age shall be employed in an establishment (4) The financial records of the establishment are at all times available to
(B) ~If the application is made on behalf of a joint business venture,
partnership, legally constituted business assgciation or corporation, requiring a license under the provisions of this ordinance.
(7) The licensee shall furnish the Department of Public Safety with a list the City .or inspection.
(5) The establishment has an ongoing membership which list is available
the applicant shall also submit the names and addresses of any and all
creditors who have extended credit for the acquisition, maintenance, of current employees, indicating their names and addresses and
li
n
ed
remises
ti
[ th
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ithi
th
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i
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d to Cit}• officials for inspection at any time.
Establishments which meet the above provisions shall not be required to
operation or furnishing of the establishment. p
.
e emp
oyees w
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s
es
gna
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The licensee shall promptly notify the Departmentof Public Safely of pay the annual license fee or investigation fee. unless specifically ordered be
(7) All applicants shalt furnish to the City, along. with their applications. any additions or deletions in the list of employees or changes in their the City Council. Masseurs and masseuses employed by such establishments
complete and accurate documentation establishing the interest of the
applicant and any other person having an interest in the premises upon
d or in the furnishings
r
i
i
ro
osed t
hi
h th
t
b
l
t lob descriptions or duties.
(8) The licensed premises must be kept and maintained in a sanitary dire nut required to be certified under this ordinance.
(b) [n addition. this ordinance does not apply to nor include:.
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thereof. Documentation shall be in the form of a lease, deed, contract condition defined as being free from the vegetative cells of pathogenic
microorganisms and all equipment, personal property, tables, beds, -
am
y or
a
g
ca
.
atr
c, psyc
o
(U Bona fide legal. medical, psyc
riage counseling services by a person. persons or businesses ap-
for deed, mortgage deed, mortgage, credit arrangement, loan agree- towels. clothing and the like used in or for the licensed premises shall propriately licensed by the State of Minnesota or by local units of
ment, security agreement and any other documents establishing the also be maintained in a sanitary condition as defined herein. government or any other appropriate licensing authorih
interest of the applicant or any other person in the operation, (9) No licensee shall employ any person as a masseur or masseuse without (2) Bona fide financial counseling services or bona fide educational
acquisition or maintenance of [he enter nse offering services as
p first insuring that said employee possesses a valid certificate for the institutions completely complying with State and local regulations or
this ordinance.
defined in Subdivision 2, (4) throw h (9), ot
g
(8) The application shall also contain blueprints, diagrams, plans, layouts administration or practice of massage, except as otherwise provided
in this ordinance the regulation of any licensing authorities:
(3) Bona fide non-profit organizations or institutions. including those
and the like, showing the construction, revision, remodeling, alteration .
(10) Every person to whom a certificate is issued shall appear personally at organized in compliance with 4 501 (M (3) of the Internal Revenue
or additions of or to the premises and specifically showing the layout, the Department of Public Safety to receive delivery of the certificate Code, or to seminars. panel discussions or group classes sponsored by
design and arrangement of the bathing and restroom facilities and [he
size and type of equipment and facilities to be used. and upon such appearance, shall be photographed for identification
b
One copy of the photograph shall a permanently affixed to
purposes such bgna fide non-profit organizations or institutions.
Subdivision 20. Separability.
(9) All applicants shall state whether they are licensed in o er cam-
~ .
the certificate and a second copy thereof shall be kept in the files of the Every section, provision or part of this ordinance is declared separable
munities, and if so, where. ~
(10) All applicants shall state any other licenses for which [hey have Department of Public Safety.
(I1) Except as otherwise provided in this ordinance, any person acting as a from every other section, provision or part to the extent that if any section.
Vrovision or part of this ordinance shall be held invalid. such holding shall not
applied within the last ten years and any denial, suspension or
revocation of a license along with an explanation of any such denial, masseur or masseuse shall have his or her certificate displayed in a
prominent place at his or her place of employment and upon demand invalidate any other section. provision or part thereof.
Subdivision 2l. Penalties.
suspension or revocation. by any police officer or other authorized officer or agent of the City of Whoever does any act forbidden by this ordinance or omits or fails to do any
Subdivision 5. License Fee, License Investigation and License Year. Richfield, any person engaged in practicing massage shall identify act required by this ordinance shall be guilh• of a misdemeanor and upon
The annual license fee is $1,500.00 and the annual fee for the investigation himself or herself giving his or her true legal name, correct address conviction thereof by lawful authority, be punished by a fine not to exceed
for the purposes of issuing a license is $1,500.00. The license fee and fee for the and phone number. $700.00 and by imprisonment not to exceed 90 days or both or any combination
investigation of [he license shall be paid when the application is filed. In the (12) Except as otherwise provided in this ordinance, any person practicing of either. Each day that a violation existEach day that a violation exists
event that the license is denied upon a lication, the license fee shall be
pP
refunded; however, no part of the license investi anon fee shall be returned
B massage within the City of Richfield shall initially advise the City of
his or her address and telephone number and shalt Further advise the constitutes a separate and distinct offense.
Subdicision 22. Liability for the Crimes of Another.
to the applicant. In the event that the license once issued is revoked, cancelled Ci[y of any changes in address or telephone number within 30 days of Every person who commits or attempts to commit, conspires to commit or
or surrendered, no part of the annual license fee or tee for the investigation such change. aids and abets in the commission of any act constituting a violation of this
for the issuance of a license shall be returned [o the applicant unless by
express action of the City Council. A separate license shall be obtained each (13) Except as otherwise provided in this ordinance, i[ is unlawful fora
masseur to practice massage upon any person except a male and fora ordinance or any act, which constitutes an omission and. therefore, a
violation of this ordinance, whether individually or in connection with one or
calendar year for each place of business. The licensee shall display the
license in a prominent place in the licensed premises at all times. A license
g Y person except a female.
masseuse to practice massa eon an
more persons or as princi al. agent or accessory. shall be guilty of such
p'
forcibly or wilfully
fraudulently
n who falsel
rs
d
ff
,
unless revoked, is for the calendar year or a part thereof for which it has been
of a license must be tendered
issued. The fee for the investigation for issuance (14) Any masseur or masseuse practicing massage shall remain fully
clothed in a nontransparent uniform or clothing at all times. At all
fi
d i
bdi
i
h
f
i
d
S
i .
,
y.
ense nan
every pe
o
o
induces. causes, coerces. requires, permits or directs another to violate any
rovisions of this chapter is likewise guilty of such offense.
of the
.
with each new application for a license if the establishment has violated the v
u
s
times during t
e operation o
any enterpr
se as
e
ne
n
on
2. (4) through (9), of this ordinance, both employees-and customers p
Passed this 27th day of January. 1986. by the City Council of the City of
rovisions of this ordinance br if the De artment of Public Safety has
P P
received an inordinate number of complaints concerning the establishment must be and remain fully clothed in nontransparent clothing. Richfield.
HAMILTON
JOHN N
or if the City Council should act requiring that the investigation fee be paid.
The investigation fee must also be paid at any time when there is a proposed Subdivision 13. Construction and Maintenance Requirements.
(1) Each licensed premises shall have a separate restroom and separate .
Mayor
TTE
T
change of ownership or reapplication for a license wherein additional or locker room for members of each sex.
(2) All massage rooms, locker rooms, restrooms and bathrooms used in :
A
S
THOMAS P. FERBER
different parties other than the original licensee and parties are proposing to
be licensed. All licenses granted herein are nontransferable. connection therewith shall be constructed of materials, including
ceramic tile, quarry tile, glazed-finish cement block or other similar City Clerk
(Feb. 5. 1986)-RICH
Subdivision 6. Conditions Governing issuance of a License.
(i) Licenses still be issued only it the applicant and all of its owners, material, which are impervious to moisture, Bacteria; mold or fungus
growth and shall be maintained in a sanitary condition defined as
managers, employees, agents or interested parties are persons of good being completely free from the vegetative cells of pathogenic micro-
moral character and repute.
(2) Licenses shall be issued only if the applicant and all of its owners, organisms. The floor-to-wall joints shall be constructed to provide a
sanitary cove with a minimum radius of one inch. All equipment,
managers, agents, employees or interested parties are free of convic-
[ions for offenses which involve moral turpitude or which relate
' personal pro~erty, beds, towels, clothing and the like used in the
massage par or shall be of a sanitary design and kept in a sanitary
s ability, capacity or fitness to perform the
directly to such person condition.
duties and discharge the responsibility of the licensed activity.
R~6@Id,M!Led~4lee1i911i(~Hocq,!nmelN 5r+a Me~7dyR.soiv?