HomeMy WebLinkAboutCity Council Ordinance 1976-18CITY OF PLYMOUTH
ORDINANCE NO. 76-18
AN ORDINANCE AMENDING CHAPTER III OF THE CITY CODE OF THE CITY OF
PLYMOUTH BY ADDING SECTION 20 THERETO, REGULATING SAUNAS AND
MASSAGE PARLORS AND ADDING SECTION 21 THERETO, REGULATING THE
PRACTICE OF MASSAGE
THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. That the City Code of the City of Plymouth be amended by
adding Section 20 to read as follows:
Section 20. GULATION OF SAUNAS AND MASSAGE PARLORS.
20.01. Definitions. As used in this ordinance the terms
defined in this subdivision shall have the meanings ascribed to them.
(a) "Sauna" means and includes a steam bath or heat
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, and the associated premises.
(b) The terms "massage,"'"masseur" and "masseuse" are
defined in the same manner as in Chapter III,
Section 21.
(c) "Massage parlor" means any premises at or in which
massage is performed.
20.02. License Required.
(a) It is found and determined that the sauna and
massage parlor businesses are particularly subject
to abuses which are contrary to the morals, health,
safety and general welfare of the community.
Further, it is found that control of these abuses
requires intensive efforts of the police department
as well as other departments of the city. These
efforts exceed those required to control and regulate
other business activities licensed by the city. This
concentrated use of city services tends to detract
from and reduce the level of service available to the
rest of the community and thereby diminishes the
ability of the city to promote the general health,
welfare, morals and safety of the community. The
number of sauna and massage parlor licenses which
may be in force at any one time shall be five.
(b) 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.
20.03. Contents of Application.
(a) 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 con-
victed 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 -corpora-
tion or a partnership it shall submit along with its
application, its business records showing the names
and addresses of all indivicuals having an interest
in the business, and, in the case of a corporation,
the names and addresses of the officers and share-
holders. All applicants shall furnish to the city,
alonn 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.
(b) All applications for license shall be signed and
sworn to. If the application is that of a natural
person, it shall be sinned and sworn to by such
person; if by a. corporation, by an officer thereof;
if by a partnership, by one of the partners; and if
by an unincorporated association. by the manager or
managing officer thereof.
20.04. License fees and License Year. The license fee is
$5,000.00 per year or part thereof for each licensed establish-
ment employing five persons or fewer. For each employee above
five in number, an additional license fee of 1;1,000,00 shall be
imposed. The license fee shall be paid when the application is
filed. In the event that the application is denied or in the
event that the license once issued is, revoked, cancelled, suspended
or surrendered, no 'part of the, annual, fee shall be returned to the
applicant unless by Council action. In addition to the annual
license fee required by this section, any apoliant making an
initial application shall pay a nonrefundable application and
investination fee of $750.00 at the time of making such appli-
cation. A separate license shall be obtained for each place of
business. The licensee shall display the license in a prominent
place in the licensed business at all times. A license, unless
revoked or surrendered, is for the calendar year or part thereof,
for which it has been issued. The annual license fee shall not
be prorated.
20.05. Granting or Denial of Licenses. License applica-
tions shall be reviewR reviewby the police epartment, planning depart-
ment, health department and such other departments as the city
manager shall direct. The review shall include an inspection of
the premises covered by the application bythe health department,
inspection division and fire division to determine whether the
premises conform to all applicable code requirements. Recom-
mendations of each department shall be rude in writing to the
manager. Thereafter, licenses shall' be granted or denied by the
manager subject to the provisions of this section. The applicant
may appeal to the City Council from the manager's decision.
20.06. Conditions Governing Issuance.
(a) No license shall be issued if the applicant or any
of its owners, managers, employees or agents is a
person of bad repute.
(b) Licenses shall be issued only if the applicant and
all of its owners, managers, employees and agents
are free of convictions for offenses which involve
moral turpitude or which relate directly to such
person's ability, capacity or fitness to perform
the duties and discharge the responsibilities of
the licensed activity.
(c) Licenses shall be issued only to applicants who
have not, within one year prior to the date of
application, been denied licensure; or who have
not within such period had a same or similar license
revoked.
(d) Licenses shall be issued only to applicants who have
provided all of the information requested in the appli-
cation, have paid the full license fee and have
cooperated with the city in review of the application.
(e) If the applicant is a natural person, a license shall
be granted only if such person is 18 years of age or
older.
(f) Licenses may be granted only for locations in the
general business districts (B-4) of the city.
(g) Licenses shall be granted only to establishments which
meet the safety, sanitary and building code requirements
of the state and city.
(h) A license shall not be granted if Granting the license
(a) would be inconsistent with the comprehensive develop-
ment plans of the city or (b) would otherwise have a
detrimental effect upon other property or properties
in the vicinity.
20.07. Restrictions and Regulations.
(a) 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.
(b) If the licensee is a partnership or a corporation, the
applicant shall desinnate a person to be manager and in
responsible charge of the business. Such a person shall
remain responsible for the conduct of the business until
another suitable person has been designated in writing
by the licensee. The licensee shall promptly notify the
police department in writing of any such change indicating
the name and address of the new manager and the effective
date of such change.
(c) The licensee shall furnish the police 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 police
department of any change in the list.
(d) The licensed premises shall not be open for business
nor shall patrons be permitted on the premises between
the hours of 1:00 a.m. and 8:00 a.m. of the same day.
(e) The licensee shall permit and allow the inspection of
the premises during business hours by all appropriate
city employees.
(f) Upon demand by any police officer any person employed
in any licensed premises shall identify himself/herself
by giving his/her true legal name and his/her correct
address.
(g) No person under 18 years of age shall be employed in
an establishment requiring a license under the provisions
of this ordinance.
(h) No such business shall employ or use any person as a
masseur or masseuse, unless such person is currently
certified as provided by Chapter III, Section 21. Any
person acting as a masseur or masseuse in any such
business shall have his/her certificate or a true copy
thereof displayed in a prominent place in the premises.
20.08. Construction and Maintenance Requirements.
(a) All 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.
(b) All restrooms shall be provided with mechanical
ventilation with 2 cfm per square foot of floor area,
a hand washing sink equipped with hot and cold running
water under pressure, sanitary towels and a soap
dispenser.
(c) 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.
(d) Each establishment shall have a janitor's closet which
shall provide for the storage of cleaning supplies.
Such closet shall have mechanical ventilation with 2
cfm per square foot of floor area. Such closet shall
include a mop sink.
(e) Floors, walls and equipment in sauna rooms and in
restrooms and in bathrooms used in connection there-
with 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.
;i (f) Individual lockers shall be made available for use
by patrons. Such lockers shall have separate keys
for locking.
1
111 (g) Such establishments shall provide adequate refuse
1 receptacles which shall be emptied as required.
(h) The doors to the individual massage rooms shall
not be equipped with aiiy locking device and
shall not be blocked or obstructed from either
side.
20.09. Revocation and Suspension of License. The license
may be revoked, suspen ed or not renewed by the city manager upon
a showing that the licensee, its owner, manager, employee or agent
has engaged in any of the following conduct:
(a) Fraud, deception or misrepresentation in connection
with the securing of the license.
(b) Habitual drunkenness or intemperance in the use of
drugs including but not limited to the use of drugs
defined in either 26 USC §4731 or Minnesota Statues,
Chapter 152, barbiturates, hallucinogenic drugs,
amphetamines, benzedrine, dexedrine, or other
sedatives, depressants, stimulants, or tranquilizers.
(c) Conduct inimical to the interests of the public
health, safety, welfare or morals.
(d) Acts demonstrating or involving moral turpitude.
(e) Failure to fully comply with the requirements of
Sections 20.07 and 20.08 of this Chapter, or with
Sections 21.07 and 21.08 of this Chapter.
(f) Conviction of prostitution or other offense involving
moral turpitude by any court of competent jursidiction.
(g) Engaging in any conduct which would constitute
grounds for refusal to issue a license under
Section 20.06 of this Chapter.
The licensee may appeal such suspension, revocation or non-
renewal to the City Council. The Council shall consider the appeal
at a regularly or specially scheduled Council meeting on or after
10 days from service of the notice of appeal upon the City Clerk
by the licensee. Hearing on the appeal shall be open to the public
and be represented by legal counsel and to offer evidence in behalf
of licensure. At the conclusion of the hearing, or as soon there-
after as practicable, the Council may order:
(1) The revocation, suspension or non-
renewal of the license.
(2) The revocation, suspension or non-
renewal by the city manager be lifted
and the license be returned to the
licensee.
(3) The City Council may base 'ts action
regarding the license upon any addi-
tional terms, conditions and stipula-
tions which it may, in its discretion,
impose.
20.10 Offenses. Every person who commits or attempts to
commit, conspi"re— s to commit, or aids or abets in the commission
of, any act constituting a violation of this ordtlnance, whether
individually or in connection with one or more persons or as
principal, agent, or accessory, shall be guilty of a misdemeanor,
Ind every person who falsely, fradulently, forcibly or wilfully,
induces, causes., coerces, requires, permits or directs another to
violate any of the provisions of this ordinance, is likewise guilty
of a misdemeanor.
Section 2. That the City Code of the City of Plymouth be amended by
adding Section 21 to read as follows:
Section 21. REGULATION OF THE PRACTICE OF MASSAGE.
21.01. Definitions.
(a) "Massage" means the rubbing, s°.roking, kneading,
tapping or rolling of the body with the hands or
any instrument.
j; (b) "Masseur" means a male person who practices massage.
(c) "Masseuse" means a female person who practices
massage.
(d) "Certificate" means a certificate issued ny the
City authorizing the holder thereof to practice
massage in the City of Plymouth.
21.02. Massage Distinguished. The practice of massage is
hereby declared to be distinct from the practice of medicine, surgery,
osteopathy, 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 direction of any such persons, athletic directors and
trainers are hereby expressly excluded from the provisions of this
section. Beauty culturists and barbers who did not give, or hold
themselves out to give, massage treatments, as defined herein, other
than is customarily given in such shops or places of business for
the purpose of beautification only, shall be exempt from the provi-
sions of this section.
21.03. Certificate Required. No person shall engage in,
or hold himself out as being engaged in, the practice of massage
within this city without first having obtained a certificate as
hereinafter provided.
21.04. Contents of Application.
(a) Application shall be made only on forms provided
by the city manager. The application shall contain
the following information together with any other
information which the 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 quali-
fications 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 may be
referred to as to the applicant's
character.
(5) Whether the appl;,,,nt has ever been
convicted of a , ime or offense other
than a traffic offense, and if so,
information as to the time, place and
nature of such crime or offense.
(6) Evidence in the form of current
certificate from a licensed physician
practicing in Minnesota indicating (a)
that within the past 30 days he/she
has examined the applicant, and (b)
that such examination was for the
purposes of determining whether applicant
had any communicable disease and (c)
that as a result of such examination he/
she believes that applicant is not suffering
from any communicable disease which would
disqualify the applicant from engaging in
the practice of massage.
(b) In addition to the application, the manager or
his/her designee may interview the applicant
and may require that the applicant pass an
examination testing applicant's knowledge of
the practice of massage.
(c) Each application sha'.l be accompanied by payment
of a nonrefundable investigation fee of $100.00.
21.05. Certificate Fee and Certificate Year. The
certificate fee is 1 .00. A certi icate,un ess revoked,
is for the calendar year, or para thereof, for which it has
been issued.
21.06. Grantinp or Denial of Certificate. Certificate
applications—shall be reviewed y th-e-p-o-Ti'ce department and
such other department as the city manager shall deem necessary.
Thereafter certificates shall be issued or denied by the manager
subject to the provisions of this section. The applicant may
appeal a denial by the manager to the City Council.
21.07. Conditions Governing Issuance.
(a) Certificates may be issued only to persons of
. good repute.
(b) Certificates may be issued only to persons free
Of convictions of prostitution or 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.
(c) Certificates shall not be issued to a person who,
within one year prior to the date of application,
has been denied certification or who has had
certificate, revoked.
(d) Certificates may be issued only +^ persons who
have answered fully all of the in Formation
requested in the application and have paid the
full certification fee.
(e) Certificates may be issued only to persons 18
years of age or older.
(f) Certificates may be issued only to persons with
sufficient practical experience or training to
perform the duties and discharge the respon-
sibilities of the occupation.
(g) Certificates may be issued only to persons free
of communicable disease and in good health.
21.08. Restrictions and Regulations.
(a) Any person acting as a masseur or masseuse shall
have his/her certificate or a true copy thereof
displayed in a prominent place at his/her place
of employment.
(b) Upon demand by any police officer, any person
engaged in practicing massage shall identify
himself/herself giving his/her true legal name
and his/her correct address.
(c) Any person engaging in massage in the city shall
inform the city of any change in residence address
within 30 days of such change.
(d) No person engaged in the practice of massage
shall perform such service between the hours
of 1:00 o'clock a.m. and 8:00 o'clock a.m. on
the same day.
(e) Every person to whom a certificate is issued
shall appear personally at the police department
to receive delivery of the certificate, and upon
such appearance shall be photographed for iden-
tification purposes. One copy of the photograph
shall be permanently affixed to the certificate
and a second copy shall be kept in the files of
the police department.
(f) Massage may be practiced only by certified
masseuses or masseurs and may only be practiced
at business establishments licensed pursuant to
Section 20 of this code, and may be practiced only
for the purposes of physical fitness, relaxation or
beautification. Massage for any other purpose is
prohibited.
21.09. Revocation and Suspension of Certificate.
(a) Certification may be revoked or suspended or not
renewed by the city manager for any of the following:
(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 in
eith%r 26 USC S4731 or Minnesota Statutes,
Chapter 152, barbiturates, hallucinogenic
drugs, amphetamines, benzedrine, dexedrine,
or other sedatives, depressants, stimulants
or tranquilizers.
(3) Conduct inimical to the interests of the
public health, safety, welfare or morals.
(4) Engaging in conduct involving or demon-
strating moral turpitude.
(5) Failure to fully comply with the require-
ments of Section 21.08.
(6) Conviction of prostitution or other offense
involving moral turpitude by any court of
competent jurisdiction.
(b) The certificate holder may appeal such suspension,
revocation or non -renewal to the City Council. The
Council shall consider the appeal at a regularly or
specially scheduled Council meeting on or after 10
days from service of the notice of appeal upon the
City Clerk by the certificate holder. Hearing on
the appeal shall be open to the public and the
certificate holder shall have the right to appear
and be represented by legal counsel and to offer
evidence in behalf of certification. At the con-
clusion of the hearing, or as soon thereafter as
practicable', the Council may order:
(1) That the revocation, suspension or non-
renewal by the city manager be affirmed.
(2) That the revocation, suspension or non-
renewal by the city manager be lifted and
that the certificate be returned to the
certificate holder.
(3) The City Council may base its order
regarding the certificate upon any addi-
tional terms, conditions and stipulations
which it may, in its sole discretion,
impose.
21:10. Certificate Required for Employment. No employer
shall employ a person "to practice massage unless that person has
been granted a certificate pursuant to this section; and every
employee shall require that the certification be prominently
displayed on the business premises.
21.11. Offenses. Every person who commits or attempts to
commit, conspires to commit, or aids or abets in the commission
of, any act constituting a violation of this ordinance, whether
Individually or in connection with one or more other persons or
as principal, agent, or accessory, shall be guilty of a misde-
meanor, 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 a misdemeanor.
Section 3. This ordinanceshall be effective upon its passage and
publication.
Adopted this 26th day of July , 1976.
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