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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. ce, sMayor f y: ATTEST: er