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1974-17Bill 1974-17 AMENDMENT TO CHAPTER V, PART III, SECTION 5.25 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD, MINNESOTA THE CITY OF RICHFIELD DOES ORDAIN: Chapter V, Part II, Section 5.25 of the Ordinance Code relating to saunas and massage parlors is amended as follows: "5.25. REGULATION OF SAUNAS AND MASSAGE PARLORS Subdivision 1, Definitions. (1) As used in this ordinance the terms defined in this subdivision shall have the meanings ascribed to them. (2) "Sauna" means and includes a steam bath or heat bathing room used for the purpose of bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent, (3) The terms "massage", "masseur" and "masseuse" are defined in the same manner as in Richfield Code 5.26. (4) "Massage Parlor" means any premises at or in which massage is performed, Subd. 2. License Required, No person shall engage in the business of operating a sauna or massage parlor either exclusively or in connection with any other business enterprise without being licensed as provided in this section. Subd. 3. Contents of Application. Application 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 referred to as to the applicant'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 corporation 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 business, and, in the case of a corporation the names and addresses of the officers. 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. 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. Subd, 4. T~icense Fee and License Year - The annual license fee is/$100,00/ $150,00. The license fee shall be paid when the application is filed. In the event that the application is denied or in the event the license once issued is revoked, cancelled or surrendered, no part of the annual fee shall be returned to the applicant unless by city council action. A separate license shall be obtained for each place of business. The licensee shall display the license on a prominent place in the licensed premises at all times. A license, unless revoked, is for the calendar year, or part thereof, for which it has been issued, Subd. 5. Granting or Denial of Licenses. License applications shall be reviewed by the /police department/ public safety department, planning depart- ment, health department and such other departments as the city manager shall deem necessary. ~h.e review shall include an inspection of the premises covered by the application by the health department, inspection division and fire di- vision to determine whether the premises conforms to all applicable code require- ments. 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. Subd. 6. Conditions Governing Issuance. 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 on1~ 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 di- rectly 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 one to applicants who have not, within one year prior to the date of application been denied licensure; or who has not within such period had its license revoked. (4) Licenses shall be issued only to applicants who have answered fully all of the information requested in the application, have paid the full license fee 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. (6) Licenses may be granted only for locations in the general commercial districts of the city. (7) Licenses shall be granted only to establishments which can meet the safety, sanitary and building code requirements of the city. (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. Subd./6/ 7. Restrictions and Regulations. /(1) Licenses may be granted only for locations in the general commercial districts_of the city which are found by the manager to be suitable locations,/ /(2) Licenses shall be granted only to establishments which can meet the safety and sanitary requirements of this ordinance./ / (3) It shall be grounds for denial of a license application that the applicant or persons in his employ are not complying with or have a history of non-compliance_with the regulations of the city relating to health, safety or morals./ (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, / (4) 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/ /_(~) A license shall not be granted to a person of bad repute or to a partnership or corporation who has in its employ or is owned by any persons of bad repute./ /_(6) (2 ~ If the/applicant/ licensee is a partnership or a corporation the applicant shall designate a person to be manager and in re- sponsible charge of the business, Such person shall remain re- sponsible for the conduct of the business until another suitable person has been designated in writing by the/applicant/ licensee. 'line 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 which employees are practicing massage as part of their duties. The licensee shall promptly notify the public safety department of any change in the list. /_(7) (~ The licensed premises shall not be open for business nor shall patrons be permitted on the premises between the hours of 3:00 a.m. and 8:00 a.m. of the same day. (5) The licensee shall permit and allow the inspection of the premises during business hours by all appropriate city employees, (6) Upon demarx1. by any police officer any person employed in any licensed premises shall identify himself by giving his true legal name and his correct address. (7) No person under 18 years of age shall be employed in an establishment requiring a license under the provisions of this ordinance, (8) No such business shall employ or use any person as a masseur or masseuse, unless such person is currently certified as provided by Richfield Ordinance Code Section 5.26. Any person acting as a masseur or masseuse in any such business shall have his certificate or a truy copy thereof displayed in a prominent place in the licensee's premises. Subd. /7./ 8. Construction and Maintenance Requirements. (1) A11 sauna rooms and all restrooms and bathrooms 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 foot of floor area,/a minimum of 30 foot candles of illumination/, 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 sauna rooms, massage rooms, restrooms, bathrooms, janitor's closet, hallways, and reception area shall be illuminated with not less than 30 foot candles of illumination. /(3)/ (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. /and a minimum of 30 foot candles of illumination./ Such closet shall include a mop sink. J(4)/ (5 Floors, walls and equipment in sauna 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. /(5)/ (6 Individual lockers shall be made available for use by patrons. Such lockers shall have separate keys for locking. /(6)/ (7) Such establishments shall provide adequate refuse re- ceptacles which shall be emptied as required. (8) The doors to the individual massage rooms shall not be equipped with any locking device and shall not be blocked or obstructed from either side. /Subd. 8. Masseurs and Masseuses Employed in the Business. (1) No such business shall employ or use any person as a masseur or masseuse,/as defined in Minnesota Statutes, Section 148.33i/ unless such person is/registered with the State Board of Medical Examiners/ currently certified as provided by/Minnesota Statutes, Section 148.33 through 148.511. Such statutory sections are_ hereby incorporated by reference as apart of this ordinance./ Richfield Ordinance Code Section 5.26./ The licensee may apa~eal 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 certifi- cate holder. Hearing on the appeal shall be open to the public and the certificate holder shall have the right to appear and be re- presented by legal counsel and to offer evidence in behalf of certification. At the conclusion of the hearing the council may order: The revocation, suspension or non-renewal of thelicense. (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 ma base either suspension or issuance of the certificate upon any additional terms, conditions and stipulations which they may in their sole discretion impose, 1 Subd./(13~/ 10. Every person who commits or attempts to commit, conspires to commit, or aids or abets in the commission of, any act con- stituting 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, fradulently, forcibly or willfully, induces, causes, coerces, requires, permits, or directs another to violate any of the provisions of this ordinance, is likewise guilty of such offense. Passed by the city council of the city of Richfield this 12th day of November, 1974. ~,i ~, ' ~~,_" I, ~, - ~, I Y. , ~` ~~ ~" Lo~en L. Law ~~ ~~ ~~ ~ Mayor ATTEST: ~/ % ~ / ~ /' ~~ '`'1,~~ ~;~' __ Thomas J. I~6ran City Clerk SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION RICHFIELD ,SUN 6601 W. 78th St. State of Minnesota l County of Hennepin j SS. Bloomington, Minnesota J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known 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 each 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 advertisements. (4) Said newspaper is circulated in and near the municipality 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 ours for the gathering of news, sale of advertisements and sale of subscriptions and main- ined by the managing officer or persons in its employ and subject to his direction and con- ol during all such regular business hours and devoted exclusively during such regular usiness hours to the business of the newspaper and business related thereto. (6) Said news- . aper files a copy of each issue immediately with the State Historical Society. (7) Said news- paper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a leKal newspaper. He further states on oath that the printed ~'~" ~~' 1'~ a ~~'` F 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 CBS successive weeks; that it was first so published on `~`~'llll(S the ~'L day of ~I()~T~l~i~7~i2` 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: abcdefghij klmnopgrstuvwxyz abcdet~hijklmnopgrstuvwxya , • wJ' Subscribed and sworn to before me this 2~ day of ~®~~~~~~ 19 ~~ (Notarial Seal) ~_~ ~ i ~~ . Quist, Notary ublic, Hennepin County, Minn. 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O '~ _ .~ fJ ' C A m '< m ° ^ p ~f O O °~ w m O.'° ° y `'~ ^ d m M ~ m `< ° m m 7' . m UJ00 ° °- m m A m ~1 R m m E n O ~ r w .On m y w 7 m m O ~ m ^ `.. =' ~ O. _ O L3 ~' m A ~ "'~ ..°J ° m a .OQ ~ ~ R ° .e y ° C °° r. d m m ~' O m . m m S •°+ R w ~ ~ m C '° (J" '' ..• ~ << £ N < 7 11 H m r• m O ° m N RR O °° C m y m <~ m Ul iA w m q W~ '° .~ 0 9 .h ~ y y ~ ~ cm~ m y o ° ~ y ° £ ~ ~ eC m fD ~r fD d ~ ° m ° '< .°n, .Q, ~. d 7 m 'J A .°w 0 d ~ m "R' Q .°n m m .m.. w'< ~ l~9 ~l n P S < S'° 1 m tC s ~ l~ ~ fC ~ ~ S O m ~ O r• O A m ~ m S ° R`c m m ~ 1., ... rn o_`D ^5$o ~ 4 m°'4 Rmc `< ^mm~" ~caac, a uwu, a contractfor•deed or any other docu- ment which establishes the appflcant's interest. Subd. 4: License Fee and License Year -The. annual license fee is [$100.00] $150.00. The License fee shall be paid when ttie.application is filed. in the event that the application is denied or In the event the license once issued is revoked, cancelled or surrendered, no,part of the annual See shall be returned to the applicant unless liy city council action. A sepe- rate license shall be obtained for each place of business. The licensee shall display t, a license on a promi- nent place in tf~licensed premises at all times. Alicense, unless revoked, is• for the calendar year, or part thereof, for which it has been issued. Subd. 5. Granting or Denial of Licenses. License applications shall be reviewed Eby the [police departmenq public safety depart- . ment, planning department, health department and such ether depart- ments as the city~,ttianager shall deem necessary. The review shall in- clude au inspects .of the premises covered by the a plica4ioa by the health depart -infection divi- sion and fire dit!isiou tb determine whether ehepreinlses conforms to all applicable;. code .r,9`yuirEments. Re- commendations shall be made in writing to the , city manager. Thereafter, licenses shall be granted or denied, by the`city~manager sub- ject to fhe provisions of this section. The applicant may appeal to the city tFtesngnager's decision. ~5u " b.~tions~Goveming Is- s .... ati1 e~p~,_>jilalt be issued if'the of its owners, ,0!, , „ ~~es or agents is a pesson' tia 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 dis- charge the responsibilities of the licensed activity. (31 Licenses shall be issued only to applicants who. have not, within one year prior to the date of appli- calion been denied licensure; or who has not within such period had its license revoked. (4) Licenses shall be issued only to applicants who have answered fully all of the information re- quested in the application, have paid the full license fee and have cooperated with the city in review ofihe application. (5) If the applicant is a natural per- son, alicense shall be granted only it ouch person is 18 years of age or older. (8) Licenses may be granted only for locations in the general commer- cial districts of the city. 17) Licenses shall be granted only to establishments which can meet the safety, sanitary and building code regnirements of the city. (8) A license shall not be granted if granting the license (a) would be inconsistent with the comprehen- sive development plans of the city, or (b) would otherwise have a de- trimental effect upon other prop- erly or properties in the vicinity. Subd. [8] 7. Restrictions and Regu- lalions. [ (il Licenses may be granted only for locations in the general com- mercial districts of the city which are found by the manager to be suitable locations.] t (2) Licenses shall be granted only to establishments which can meet the safety and sanitary requirements of this ordinance.] [(31 It shall be grounds for denial of a license application that the applic- ant or persons in his employ are not complying with or have a history of non-compliance with the regula- tions of the city relating to health, safety or morals.] maintenance Requirements. (11 All sauna rooms and all rest- rooms and bathrooms used in connection therewith shall be con- structed of materials which are impervious to moisture, bacteria, mold or fungus growth, The floor to wall and wall joints shall be con- structed 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 Foot of floor area, [a minimum of 30 foot candles of illumination], a hand washing sink equipped with hot and cold running water under pressure, sanitary to- wels and a soap dispenser. (3) All rooms in the licensed premises including but not limited to sauna rooms, massage rooms, restrooms, bathrooms, janitor's closet, hallways, and reception .area shall be illuminated with not less than 30 foot candles of illumination. [(3)1 (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. [and a minimum of 30 foot candles of illumination.] Such closet shall in- clude amop sink. [(4)] (5) Floors, walls and equipment in sauna rooms and in restrooms and in bathrooms used in connec- tion 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. [(5)] (8) individual lockers shall be made available for use by patrons: Such lockers shall have separate keys for locking. ' [(8)] (7) Such establishments shall provide adequate refuse recepta- cles which shall be emptied as re- quired. (8) The doors to the individual massage rooms shall not be equipped with any locking device and shall not be blocked or ob• strutted from either side. [Subd. 8. Masseurs and Masseuses Employed in the Business. (1) No such business shall employ or use any person as a masseur or masseuse, [as definedin Minnesota Statutes, Section 148.33,] unless such person is [registered with the State Board of Medical Ex- aminers] currently certified as provided by [Minnesota Statutes, Section 148.33 through148.511.Such statutory sections are hereby in- corporated by reference as a part of this ordinance.l Richfield Ordi- nance Code Section 5.26.] ;Subd. 9. Restrictions Involving Minors. No person under the age of 21 years of age shall be employed in an establishment requiring a license under the provisions of this ordinance.) [Subd. lU. ldenfiticationof Emp- loyees. Upon demand by any police officer any person engaged in provid- ingservices in any licensed premises shall identify himself giving his true legal name and his correct address.] [Subd. 11. Before any person en-. gages in providing services as a mas- seur or masseuse in any licensed es- tablishment, he shall register with the police department of the city. Such registration shall include (1) a photocopy of the person's state re- gistrationcertificate, and (2) recent, accurate photographs of the regis- trant, either taken by the police de- partment, or furnished by the applic- ant, showing both the front and side view. When any such person ceases to be employed by a licensee the police department shall be notified so that the department has on file at all times a current list of the persons operating as masseurs or masseuses on the licensed premises.] [Subd. 12. No sauna or massage parlor for which a license has been granted by the city shall be open for